[Ord. #1854, 2-28-2006, adopted]
a.
It shall be the purpose of this section to foster
fair and open competition in the contracting process; to avoid the
appearance of corruption and public cynicism that can arise when the
timing between contributions and the issuance of public contracts
for goods and services closely coincides; and to eliminate the appearance
of buying contracts for goods and services through campaign contributions.
b.
The Township Committee finds:
1.
Certain individuals and business and professional
business entities that provide goods and services to local governments
are exempt from the requirements of public bidding;
2.
It is common in New Jersey for certain individuals
and business and professional business entities that provide goods
and services to local governments to make substantial political contributions
to the election campaigns of the officials who ultimately determine
the award of contracts for such goods or services, either directly
to the candidate or through municipal political parties;
3.
The practice of some local government officials in
New Jersey to award discretionary contracts to individuals or business
and professional business entities that have made substantial campaign
contributions to those officials or to municipal political parties
raises reasonable concerns on the part of taxpayers as to the quality
and cost of the services received under such discretionary contracts
and creates distrust of government processes; and
4.
Local governments are authorized, under the provisions
of P.L. 2005, c. 271, N.J.S.A. 40:48-2 and of the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq., to establish rules and procedures
for contracting with the providers of goods and services when those
contracts are exempt from the public bidding requirements set forth
in said law.
c.
As used herein,
1.
Business entity shall mean any natural or legal person,
business corporation, professional services corporation, limited liability
corporation, partnership, limited partnership, business trust, association
or any other legal commercial entity organized under the laws of the
State of New Jersey or of any other state or foreign jurisdiction.
2.
Candidate shall have the same meaning as set forth
in N.J.S.A. 19:44A-3 as applied to those persons that seek election
to public office in Bernards Township.
3.
Contribution shall have the same meaning as set forth
in N.J.S.A. 19:44A-3d as applied to those persons that seek election
to public office in Bernards Township.
4.
Political committee shall have the same meaning as
set forth in N.J.S.A. 19:44A-3i as applied to those persons that seek
election to public office in Bernards Township.
5.
Professional business entity shall mean any business
entity as defined in subparagraph c1 of this subsection that provides
services by individuals who are required to be professionally licensed
under the laws or regulations of the State of New Jersey.
6.
Township shall mean the Township of Bernards in Somerset
County, New Jersey, its officers, employees, officials, boards, commissions,
committees and subcommittees.
[Ord. #1854, 2-28-2006, adopted]
a.
Any other provision of law to the contrary notwithstanding,
the Township of Bernards 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 goods,
professional, banking, insurance coverage services or any other consulting
services, from any business or professional business entity, when
the transaction is not required to be bid publicly and when the value
of the transaction exceeds $17,500, if the entity has solicited or
made any contribution of money, or pledge of a contribution, including
in-kind contributions, to any Township candidate or holder of Township
public office having ultimate responsibility for the award of the
contract, or campaign committee supporting such candidate or officeholder,
or to any Township party committee, or to any political committee
that regularly engages in the support of municipal elections and municipal
parties within one calendar year immediately preceding the date of
the contract or agreement.
b.
No business entity or professional business entity
which enters into negotiations for, or agrees to, any contract or
agreement with the municipality or any department or agency thereof
or of its independent authorities for the provision of goods or the
rendition of professional, banking or insurance coverage services
or any other consulting services, when the transaction is not required
to be bid publicly and when the value of the transaction exceeds $17,500,
shall solicit or make any contribution of money, or pledge of a contribution,
including in-kind contributions, to any Township municipal candidate
or holder of the public office having ultimate responsibility for
the award of the contract, or campaign committee supporting such candidate
of officeholder, or to any Township party committee, or to any political
committee that regularly engages in the support of Township municipal
elections and municipal parties between the time of first communications
between that business entity and the Township regarding a specific
contractual agreement or professional services agreement and the later
of the termination of negotiations or the completion of the contract
or agreement.
c.
For purposes of this section, when a business or professional
business entity is a natural person, a contribution by that person's
spouse or child residing therewith shall be deemed to be a contribution
by the business or professional business entity. When a business or
professional business entity is other than a natural person, a contribution
by: all principals, partners, officers, or directors of the business
or professional business entity or their spouses; any subsidiaries
directly or indirectly controlled by the business or professional
business entity; or any political organization organized under Section
527 of the Internal Revenue Code that is directly or indirectly controlled
by the business or professional business entity shall be deemed to
be a contribution by the business or professional business entity.
d.
Any individual meeting the definition of "business
entity" or "professional business entity" under this subsection shall
not annually contribute for any purpose to any candidate for Mayor
or Township Committee, or to the Township party committee or to a
Township political committee referenced in this section. Any group
of individuals meeting the definition of "business entity" or "professional
business entity" under this subsection, including such principals,
partners and officers of the entity in the aggregate, shall not annually
contribute for any purpose to any Township candidates and officeholders
with ultimate responsibility for the award of a contract, and all
Township political parties and committees referenced in this section
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:
f.
The provisions of this section shall not apply to
a contract when a public emergency requires the immediate delivery
of goods or services.
[Ord. #1854, 2-28-2006, adopted]
No contribution of money or any other thing
of value, including in-kind contributions, made by a business entity
or professional business entity to any municipal candidate for Township
Committee, or municipal party or political committee referenced in
this section 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 was made by the business
or professional business entity prior to the effective date of this
section.
[Ord. #1854, 2-28-2006, adopted]
a.
Prior to awarding any contract or agreement to procure goods or services, including banking or insurance coverage services, when the transaction is not required to be bid publicly and when the value of the transaction exceeds $17,500, with any professional or business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the business entity or professional entity made under penalty of perjury that the entity has not made a contribution in violation of Subsection 2-34.2 of this section.
b.
The business entity or professional business entity
shall have a continuing duty to report any knowing or intentional
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, state or otherwise.
[Ord. #1854, 2-28-2006, adopted]
A business entity or professional business entity or Township candidate or officeholder or municipal party or political committee referenced in this section may cure a violation of Subsection 2-34.2 of this section, if, within 30 days after a contribution is made, the business or professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal party or political committee referenced in this section.
[Ord. #1854, 2-28-2006, adopted]
a.
It shall be a breach of the terms of a Township contractual
or professional service agreement for a business entity or professional
business entity to:
1.
Make or solicit a contribution in violation of this
section;
2.
Knowingly conceal or misrepresent a contribution given
or received;
3.
Make or solicit contributions 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 the Township;
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 if made or solicited by the business
or professional business entity itself, would subject that entity
to the restrictions of this section;
6.
Fund contributions made by third parties, including
consultants, attorneys, family members, and employees;
7.
Directly or indirectly, through or by any other person
or means, of any act which would subject that entity to the restriction
of this section.
b.
Furthermore, any business entity or professional business
entity who knowingly and intentionally violates this section shall
be disqualified from eligibility for future Township contracts for
a period of one calendar year from the date of the violation.
