Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 8-25-09 as Ord. No. 12-2009. Amendments noted where applicable.]
[Amended 2-14-12 by Ord. No. 2012-4]
A. 
To the extent that it is not inconsistent with state or federal law, the Town of Secaucus and any of its purchasing agents or departments or instrumentalities of the municipality thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity or vendor, including those awarded pursuant to any process including a "fair and open process," if such professional business entity or vendor has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to (i) a campaign committee of any municipal candidate or holder of public office having ultimate responsibility for the award or contract, or (ii) to any Town of Secaucus party committee, or (iii) to any candidate committee, political action committee (PAC) or continuing political committee (CPC) that engages in, or whose primary purposes is the support of Secaucus municipal elections and/or Secaucus municipal parties in excess of the thresholds specified in Subsection (d) within two calendar years immediately preceding the date of the contract or agreement. Notwithstanding the foregoing, the governing body recognizes that the provisions of this Article need not be made applicable to any agreement or contract which is required to be formally bid through a fair, competitive, sealed bid and which must be awarded to the lowest responsible bidder following New Jersey state guidelines, statutes and standard procurement practices. The provisions of this Article are, therefore, not applicable to any contracts or agreements which are required to be and are formally bid through a fair, competitive, sealed bid process and awarded to the lowest responsible bidder.
B. 
No professional business entity or vendor who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement (including non-emergency contracts awarded by 40A:11 et seq. or the "fair and open" process pursuant to 19:44A-20 et seq.) with the municipality or any departments thereof, for the rendition of professional services or goods and services, as the case may be, shall knowingly solicit or make any contributions of money, pledge of contribution, including in-kind contributions, to (i) any municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Town of Secaucus party committee, or (iii) to any candidate committee, PAC or CPC that regularly engages in, or whose primary purpose is the support of Secaucus municipal elections and/or Secaucus municipal parties, between the time of first communication between that professional business entity or vendor and the municipality regarding a specific professional services agreement or goods and services agreement, as the case may be, and the later of the termination of negotiations or rejection of any proposal, or the completion of the contract or agreement.
C. 
For purposes of this Article, a "professional business entity" and a "vendor," seeking public contract shall mean an individual including the individual's spouse, if any, and any child living at home; person, firm, corporation, professional corporation, partnership, organization, or association. The definition of a business entity and vendor includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity or vendor, as well as any subsidiaries directly controlled by the business entity or vendor.
D. 
Any individual meeting the definition of "professional business entity" and a "vendor," under this section may annually contribute a maximum of $300 for any purpose to any one candidate or candidate committee for Mayor or governing body, or $300 to any Town of Secaucus party committee, or $300 to a PAC or candidate committee or CPC referenced in this Article, without violating Subsection A of this section. However, any group of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officer of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of $1,000 to Town of Secaucus candidates and officeholders with ultimate responsibility for the award of the contract, all Town of Secaucus political parties, candidate committee, joint candidate committees, PAC's and CPC's referenced in this Article combined, without violating Subsection A of this section.
E. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Town of Secaucus Mayor or governing body, if the contract requires approval or appropriation from the Mayor or governing body.
(2) 
The Mayor of the Town of Secaucus, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor.
[Amended 2-14-12 by Ord. No. 2012-4]
No contribution of money or any other thing of value, including in-kind contribution, made by a professional business entity or vendor to any Town of Secaucus candidate for Mayor or governing body, or Town of Secaucus party committee, candidate committee, PAC or CPC referenced in this ordinance shall be deemed a violation of this ordinance, nor shall an agreement for property, goods or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity or vendor prior to the effective date of this Article.
A. 
Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor, the Town of Secaucus or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of Section 26-1 of this Article.
B. 
The professional business entity and vendor shall have a continuing duty to report any violations of this Article that may occur during the negotiation, proposal process or duration of a contract. The certification required under this section shall be made prior to entry into the contract or agreement with the Town of Secaucus, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law.
[Amended 2-14-12 by Ord. No. 2012-4]
A professional business entity, vendor, or municipal candidate or officeholder, or Town of Secaucus party committee, candidate committee, joint candidate committee PAC or CPC referenced in this Article, may cure a violation of Section 26-1 of this Article, if, within 30 days after the general election, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Town of Secaucus or county party committee, candidate committee, joint candidate committee PAC or CPC referenced in this Article.
A. 
It shall be a breach of the terms of the Town of Secaucus professional service agreement or agreement for goods or services for a business entity to: (i) make or solicit a contribution in violation of this Article; (ii) knowingly conceal or misrepresent a contribution given or received; (iii) make or solicit contribution through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any contribution the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of the Town of Secaucus; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this Article; (vi) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange or contributions to circumvent the intent of this Article; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restriction of this Article.
B. 
Furthermore, any professional business entity who violates Subsection A (ii—viii) shall be disqualified from eligibility for future Town of Secaucus contracts for a period of four calendar years from the date of the violation.
The Town of Secaucus and any of its purchasing agents or departments or instrumentalities of the municipality shall provide all business entities or vendors seeking to provide services or goods to the Town a statement describing the requirements of this Article and a statement that compliance with the Article shall be binding upon the parties thereto upon submission of a proposal. Providing the business entity or vendor with a copy of this Article shall satisfy the requirements of this section.
A. 
If any provision of this Article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Article to the extent it can be given effect or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this Article are severable.