[Adopted by the Mayor and Council of the Borough of Bellmawr 8-27-2020 by Ord. No. 07:15-20. Amendments noted where applicable.]
The Borough of Bellmawr hereby established a policy of the Borough
to set maximum dollar amounts that professional business entities
may contribute politically, beyond which they become ineligible to
receive a public professional service contract from the Borough, as
well as the Borough's policy to prohibit professional business
entities which are performing or being paid under existing contracts
with the Borough from making political contributions in amounts that
exceed to Borough's limits on political contributions by professionals.
The Borough also hereby establishes a policy prohibiting the transfer
or "wheeling" of political contributions by professionals to candidates
of municipal political committees who are not affiliated with the
Borough of Bellmawr.
For purposes of this article, the terms used herein shall be
given the broadest possible meaning in order to effectuate the policy
objectives stated and adopted. Certain specific terms used shall have
the following meanings:
The act of giving money or providing in-kind contributions
to aid a municipal political candidate or any of the political party
committees or PACs otherwise referenced in this section.
Shall have the same meaning as "Contributing."
Shall be given the same meaning and use generally utilized
by the Election Law Enforcement Commission of the State of New Jersey
under the statutes and regulations governing that agency. The term
shall include but not be limited to payments or donations of money
and in-kind contributions.
Are abbreviations for "political action committee" or "political
action committees," respectively. The terms refer to organizations
that regularly engage in, or whose primary purpose is, the support
of municipal elections and/or municipal parties in excess of the thresholds
specified in this article. The foregoing shall be limited to organizations
and entities which support or oppose Bellmawr Borough candidates for
Mayor or Council, or which engage in political activities in support
or opposition to candidates for Bellmawr Borough Mayor or Council.
Has the same definition as "contributions," hereinabove.
A "professional business entity" seeking a public contract
means, individuals and firms engaged in the rendering of legal services,
engineering services, survey work, architectural services, planning
services, design services, financial consulting and other consulting
work, auditing, accounting, appraisal services, insurance services
and banking. If a professional business entity is an individual, the
definition includes the individual and individual's spouse, if
any, and any child living at home. "Professional business entities"
also include firms, corporations, professional corporations, partnerships,
business organizations, and/or business associations who provide professional
services, where those professional services are exempt from public
bidding for public contracts pursuant to the Local Public Contract
Law.
A.
Any other provisions of law to the contrary notwithstanding, Bellmawr Borough or any of its purchasing agents or agencies or those of its independent authorities, the Land Use Board, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, banking, insurance coverage services or any other consulting services, including those awarded pursuant to a "fair and open" process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting each candidate or officeholder, or to any Bellmawr Borough political party committee or PAC that regularly engages in, or whose primary purpose is the support of municipal elections and/or municipal parties in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B.
No professional business which enters into negotiations for, or agrees
to, any contract or agreement with the Bellmawr Borough or any department
or agency thereof or of its independent authorities for the rendering
or professional, banking or insurance coverage services or any other
consulting services, including those awarded pursuant to a "fair and
open" process, shall solicit or make any contributions of money, or
pledge of contribution, including in-kind contributions, to any Bellmawr
Borough municipal candidate or holder of the public office having
ultimate responsibility for the award of the contract, or campaign
committee supporting such candidate or officeholder, or to any Bellmawr
Borough political party committee or PAC that regularly engages in,
or whose primary purpose is the support of municipal elections and/or
municipal parties between the time of first communications between
that business entity and Bellmawr Borough regarding a specific professional
services agreement (issuance of an RFP) and the termination of negotiations
or the completion of the award of the contract or agreement.
C.
For purposes of this article, a "professional business entity" seeking
a public contract means 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 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 as well as any
subsidiaries directly controlled by the business entity.
D.
Any "professional business entity" under this section may not annually contribute more than $2,600 each for any purpose to any candidate for Mayor or candidate for Council, or $7,200 to a Bellmawr Borough political party committee or PAC without violating Subsection A of this section.
E.
For purposes of this article, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(1)
Bellmawr Borough Council and the Mayor of Bellmawr Borough if the
contract requires approval or appropriation from the Council or Mayor;
(2)
The Mayor of Bellmawr Borough 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;
(3)
The Bellmawr Borough Land Use Board.
F.
Contributions given to members of, or candidates for, another municipal
governing body that is engaged in a shared services or joint purchasing
agreement with Bellmawr Borough shall not be deemed in violation of
this article nor does the article preclude the participation of a
shared services or joint purchasing agreement on account of such contributions.
No contributions of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Mayor or Council Candidate, or Bellmawr Borough
political party committee or PAC referenced in this article shall
be deemed a violation of this article, 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 prior to the effective date of this article.
A.
Prior to awarding any contract or agreement to procure services,
including banking or insurance coverage services, with any professional
business entity, the Borough or any of its purchasing agents or agencies,
the Land Use Board may be, shall receive a sworn statement from the
professional business entity made under penalty of perjury that the
bidder or offeror has not made a contribution in violation of this
article.
B.
The professional business entity shall have a continuing duty to
report any violations of this article that may occur during the negotiation
of a contract. The certification required under this subsection shall
be made prior to entry into the contract or agreement with the Borough
and shall be in addition to any other certifications that may be required
by any other provision of law.
A professional business entity or Borough candidate or officeholder
or Bellmawr Borough political party committee or PAC referenced in
this article may cure a violation of this article, if, within 90 days
after the date on which the applicable ELEC Report is published, the
professional business entity notifies the Borough Committee in writing
and seeks and receives reimbursement of a contribution from Bellmawr
Borough candidate or political party committee or PAC referenced in
this article.
A candidate for Mayor or Council shall not make a contribution
to any other candidate committee or municipal party committee not
affiliated with the Borough of Bellmawr; nor shall any such candidate
accept a contribution from any other candidate committee or municipal
party committee not affiliated with the Borough of Bellmawr.
A.
It shall be a breach of the terms of the Bellmawr Borough professional
services agreement for a business entity to: (1) make or solicit a
contribution in violation of this Ordinance; (2) knowingly conceal
or misrepresent a contribution given or received; (3) make or solicit
a contribution through intermediaries for the purpose of concealing
or misrepresenting the source of the contribution; (4) make or solicit
any contribution on 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 Bellmawr Borough; (5) engage or employ a lobbyist
or consultant with the intent or understanding that such lobbyist
or consultant would make or solicit any contribution, which is made
or solicited by the business entity itself, would subject that entity
to the restrictions of this article; (6) fund contributions made by
third parties, including consultants, attorneys, family members, and
employees; (7) engage in any exchange of contributions to circumvent
the intent of this article; or (8) directly or indirectly, through
or by any other person or means, do any act which would subject that
entity to the restrictions of this article.
It is the purpose of this article that, notwithstanding that
professional services contracts and certain other contracts for goods
and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the
Mayor and Council deems it appropriate, and consistent with the provisions
of the New Jersey legislation, now codified at N.J.S.A. 19:44A-20.1
et seq., to award such contracts through a competitive, quality-based,
fair and open process.
The Borough of Bellmawr, or any agency or instrumentality thereof,
shall not enter into a contract including a professional services
contract, or such other contract, which is exempt from public bidding
requirements, having an anticipated value in excess of $17,500 as
determined by the municipality, agency or instrumentality, with a
business entity, except a contract that is awarded pursuant to a fair
and open process if, during the preceding one-year period, that business
entity has made a contribution that is reportable by the recipient
under N.J.S.A. 19:44a-1 et seq., to any municipal committee of a political
party in that municipality if a member of that political party is
serving in an elected public office of that municipality when the
contract is awarded or to any candidate committee of any person serving
in an elected public office of that municipality when the contract
is awarded. The fair and open process shall be quality-based and shall
be as follows:
A.
Professional services may be awarded by virtue of a publicly advertised
request for qualification ("RFQ") and/or request for proposal ("RFP")
which will be issued as one document for those appointments which
are made on an annual basis.
B.
For said positions, no contract shall be awarded, unless and until
the positions are:
(1)
Publicly advertised in newspapers in sufficient time to give notice
in advance of the solicitation for contracts;
(2)
Awarded under a process that provides for public solicitation of
proposals and qualifications;
(3)
Awarded and disclosed under criteria established in writing by the
Borough of Bellmawr prior to the solicitation of proposals or qualifications;
and
(4)
Publicly announces when awarded; and as to those RFQs and RFPs which
prove to be unsuccessful, the Municipal clerk shall a copy of same
on file for a period of not less than 60 days.
C.
For contracts which arise on an occasional basis, such as appraisers
needed or acquisition of farmland and/or open space, as well as title
searches, surveying, and similar work associated with same; and comparable
assignments, such as planning services needed for Master Plan updates,
appraisals, special counsel, special project engineer contracts, etc.,
professional services contracts may be awarded without following the
foregoing provisions, so long as:
Notwithstanding the foregoing, the Mayor and Council recognizes
that the New Jersey legislature has provided for the occurrence of
certain emergencies, and further recognizes that, therefore, the procedure
outlined above might not be capable of being achieved in the event
of an emergency or similar time constraints. Thus, should a situation
arise, and time does not permit to resort to this procedure, and the
immediate performance of service is necessary, then an award for same
may be made in accordance with the provisions of the Local Public
Contracts Law relating to emergency contracts, and such rules and
regulations as may be promulgated, from time to time, by the Mayor
and Council with regard to same. No such emergency contracts, however,
may be awarded without submission to the Borough Clerk of a certification
establishing a basis for the deviation from the procedures outlined
herein.
