[Added 3-3-2003 by Ord. No. 2003-02; amended 3-17-2003 by Ord. No. 2003-09]
A. Prohibition of awarding public contracts to certain
contributors.
(1) Any other provision of law to the contrary notwithstanding,
the Township or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into an agreement or otherwise contract to procure services from any
professional service provider if that provider has solicited or made
any contribution of money or pledge of a contribution, including in-kind
contributions, to a campaign committee of any West Windsor Township
candidate or holder of public office within the Township having responsibility
for the award of the contract or to any West Windsor Township or Mercer
County Party Committee over $200 within one calendar year immediately
preceding the date of the contract or agreement.
[Amended 11-27-2023 by Ord. No. 2023-18]
(2) No professional service provider which enters into
negotiations for or agrees to any contract or agreement with the Township
or any department or agency thereof or of its independent authorities
for the rendition of professional services shall knowingly solicit
or make any contribution of money or pledge of a contribution including
in-kind contributions, to any West Windsor Township candidate or holder
of public office within the Township having responsibility for the
award of the contract or to any West Windsor Township or Mercer County
Party Committee between the time of first communications between that
service provider and the Township regarding a specific professional
services agreement and the later of the termination of negotiations
or the completion of the contract or agreement over $200.
[Amended 11-27-2023 by Ord. No. 2023-18]
(3) For purposes of this section, a "professional service
provider" 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 service provider includes all
principals who own 1% or more of the equity in the corporation or
business trust, partners and officers in the aggregate employed by
the provider as well as any subsidiaries directly controlled by the
service provider.
(4) For purposes of this section, the office that is considered
to have responsibility for the award of the contract shall be:
(a)
The West Windsor Township Council if the contract
requires approval or appropriation from the Council or a public officer
who is responsible for the award of a contract if that public officer
is appointed by Council; or
(b)
The Mayor of West Windsor Township if the contract
requires the approval of the Mayor or a public officer who is responsible
for the award of contract if that public officer is appointed by the
Mayor; or
B. Contributions made prior to the effective date. No
contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity to any West
Windsor Township candidate for Mayor or Township Council or West Windsor
Township party committee shall be deemed a violation of this section
nor shall an agreement for property, goods or services of any kind
whatsoever be disqualified thereby if that contribution or agreement
was made by the professional business entity prior to the effective
date of this section.
C. Contribution statement by professional business entity.
(1) Prior to awarding any contract or agreement to procure services with any professional service provider, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional service provider has not made a contribution in violation of Subsection
A hereof.
(2) The professional service provider shall have a continuing
duty to report any violations of this section that may occur during
the negotiation or duration of a contract. The certification required
under this subsection shall be made prior to entry into the contract
or agreement with the Township and shall be in addition to any other
certifications that may be required by any other provision of law.
D. Penalty.
(1) All Township of West Windsor professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional service provider, as defined in Subsection
A(3), to violate Subsection
A(2) or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through intermediaries or any Mercer County Party Committee for the purpose of concealing or misrepresenting the source of the contribution.
(2) Any professional service provider, as defined in Subsection
A(3) who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through intermediaries, including but not limited to Mercer County Party Committee, for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future Township contracts for a period of four calendar years from the date of the violation.
[Added 4-10-2006 by Ord. No. 2006-05]
A. Prohibition of awarding contracts for redevelopment
work to certain contributors.
(1) Any other provision of law to the contrary notwithstanding,
the Township or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into an agreement or otherwise contract with any private party for
the planning, replanning, construction or undertaking of any project
or redevelopment work, including the acquisition or leasing of any
public property in conjunction with the redevelopment of any area
within the Township of West Windsor pursuant to the Local Redevelopment
and Housing Law (LRHL, N.J.S.A. 40A:12A-1 et seq.), if that redeveloper
has solicited or made any contribution of money or pledge of a contribution,
including in-kind contributions, to a campaign committee of any West
Windsor Township candidate or holder of public office within the Township
having responsibility for the awarding of such contracts or to any
West Windsor Township political party campaign committee for West
Windsor Township election or political party campaign committees at
the county level within one calendar year preceding the date of the
contract or agreement.
(2) No redeveloper who enters into negotiations for or
agrees to any contract or agreement with the Township or any department
or agency thereof or of its independent authorities for the rendition
of redevelopment work under the LRHL shall knowingly solicit or make
any contribution of money or pledge of a contribution, including in-kind
contributions, to any West Windsor Township candidate or holder of
public office within the Township having responsibility for the award
of the contract or to any West Windsor Township political party campaign
committee for West Windsor Township election or political party campaign
committees at the county level within one calendar year preceding
the date of the contract or agreement between that redeveloper and
the Township regarding a specific agreement for redevelopment work
and the later of the termination of negotiations or the completion
of the contract or agreement.
(3) For purposes of this section, a "redeveloper" means
an individual, including the individual's spouse, if any, and any
child living at home, a person, firm, corporation, professional corporation,
partnership, organization or association seeking or obtaining redevelopment
work as defined above. The definition of a redeveloper includes all
principals who own 1% or more of the equity in the corporation or
business trust, partners and officers in the aggregate employed by
the provider as well as any subsidiaries directly controlled by the
redeveloper.
(4) For the purposes of this section, the office that
is considered to have responsibility for the award of the contract
under the Act shall be:
(a)
The West Windsor Township Council if the contract
requires approval or appropriation from the Council or a public officer
who is responsible for the award of a contract if that public officer
is appointed by Council; or
(b)
The Mayor of West Windsor Township if the contract
requires the approval of the Mayor or a public officer who is responsible
for the award of contract if that public officer is appointed by the
Mayor; or
B. Contributions made prior to the effective date. No
contribution of money or any other thing of value, including in-kind
contributions, made by a redeveloper to any West Windsor Township
candidate for Mayor or Township Council or West Windsor Township or
Mercer County party political campaign committee shall be deemed a
violation of this section nor shall an agreement for property, goods
or services of any kind whatsoever be disqualified thereby if that
contribution or agreement was made by the redeveloper prior to the
effective date of this section.
C. Contribution statement by redeveloper.
(1) Prior to awarding any contract or agreement to procure services with any redeveloper, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made a contribution in violation of Subsection
A hereof.
(2) The redeveloper shall have a continuing duty to report
any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
D. Penalty.
(1) All redevelopment contracts, leases or other undertaking shall provide that it shall be a breach of terms of such agreements, as defined in Subsection
A(3), to violate Subsection
A(2) or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(2) Any redeveloper, as defined in Subsection
A(3), who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future redevelopment contracts for a period of four calendar years from the date of the violation.
The method of disbursement of funds for any
purpose shall be on a check drawn on the Division of Finance and after
being signed by the Mayor, countersigned by the Chief Financial Officer.