[Adopted 9-27-2006 by Ord. No. 2006-15]
The following standards and criteria are hereby
adopted and shall be made applicable to all contracts awarded and/or
confirmed by the Township Committee and any and all boards, authorities,
and committees appointed, either through the authority of statute
or ordinance, by the Township Committee, unless a specific contrary
intention is expressed in an individual case by the Township Committee.
[Adopted 7-18-2012 by Ord. No. 2012-9]
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
Whose contributions are regulated by this article:
A.
An individual, including the individual’s spouse, and
any child/children;
B.
A firm, corporation, professional corporation, partnership,
limited liability company, organization, association, and any other
manner and kind of business entity;
C.
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity, as defined in Subsections
A and
B above, and their spouses and child/children;
D.
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
E.
Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who or which has received or indefeasibly acquired the right to receive, from a person described in Subsection
A above, more than $100,000 in compensation or income of any kind (including, by way of illustration and not limitation, wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts) in any twelve-month period prior to the award of, or during the term of, a contract subject to this article.
CAMPAIGN COMMITTEE
(1) Every candidate for Township of Waterford elective municipal
office; (2) every candidate committee established by or for the benefit
of a candidate for Township of Waterford elective municipal office;
(3) every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Township of Waterford elective
municipal office; (4) every political party committee of the Township
of Waterford; and (5) every political committee, continuing political
committee, or other form of association or organization that regularly
engages in the support of candidates for the Township of Waterford
Municipal elective offices or Township of Waterford Municipal political
parties or political party committees. The terms in this definition
shall have the meanings prescribed in N.J.A.C. 19:25-1.7.
CONTRIBUTION
The meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration,
and not limitation, this definition includes pledges, loans, and in-kind
contributions.
No contribution or solicitation of contributions made prior
to the effective date of this article shall be deemed to give rise
to a violation of this article.
No contract subject to this article may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this article
if it were an initial contract.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of §
10-4 of this article if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in §
10-4A do not apply to contracts which are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor, within the meaning of N.J.S.A. 40A:11-4, or are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a “fair and open process” under N.J.S.A. 19:44A-20 et seq.