[Added 7-25-2006
by Ord. No. 06-26]
Any other provision of law to the contrary notwithstanding and except as provided in Articles I and II above, 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 other contract which exceeds the bid threshold set forth in N.J.S.A. 40A:11-3 to procure any goods, professional, banking, insurance coverage services or any other consulting services from any professional business entity if that entity has solicited or made any contribution of money, pledge of a contribution, including in-kind contributions, or loans to any Township of Ewing 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 Township of Ewing or Mercer County party committee, candidates' committee, joint candidates' committee or to any political action committee (PAC) that engages in the support of municipal elections and/or municipal parties in excess of the thresholds specified in § 59-14 within one calendar year immediately preceding the date of the contract or agreement, unless the goods or services are procured through the public bidding process pursuant to N.J.S.A. 40A:11-4 or the competitive contracting process pursuant to N.J.S.A. 40A:11-4.1.
No 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 furnishing of goods or rendition of professional,
banking or insurance coverage services or any other consulting services
shall solicit or make any contribution of money, pledge of a contribution,
including in-kind contributions, or loans to any Township of Ewing
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 Township of Ewing
or Mercer County party committee, candidates' committee, joint candidates'
committee, or to any political action committee (PAC) that engages
in the support of municipal elections and/or municipal parties between
the time of first communications between that business entity and
the Township regarding any contract and the later of the termination
of negotiations or completion of the contract or agreement.
Any individual meeting the definition of "professional business entity" under this chapter may annually contribute a maximum of $300 each for any purpose to any candidate, for Mayor or council, or $500 to the Township of Ewing or Mercer County party committee, candidates' committee, joint candidates' committee or to a political action committee (PAC) that engages in the support of municipal elections and/or municipal parties, without violating § 59-12 of this article.
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.
For purposes of this article, the office that is considered
to have ultimate responsibility for the award of the contract shall
be:
A.
The Township of Ewing Council and the Mayor of the Township of Ewing,
if the contract requires approval or appropriation from the Council.
B.
The Mayor of the Township of Ewing, 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.
No contribution 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, or Township of Ewing or
Mercer County 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 pursuant to § 59-13, including banking or insurance coverage services, with any professional business entity, the Township of Ewing or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity, made under penalty of perjury, that the bidder has not made a contribution in violation of § 59-12.
B.
The professional business entity shall have a continuing duty to
report any violations of this article that may occur during the negotiation
or duration of a contract. The certification required under this section
shall be made prior to entry into the contract or agreement with the
Township of Ewing and shall be in addition to any other certifications
that may be required by any other provision of law.
A professional business entity or Township of Ewing candidate or officeholder or Township of Ewing or Mercer County party committee or PAC referenced in this article may cure a violation of § 59-12 if, within 30 days after contribution, the professional business entity notifies the Township of Ewing Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or county political party or PAC referenced in this article.
A.
It shall be a breach of the terms of Township of Ewing public contracts
for a business entity to:
(1)
Make or solicit a contribution in violation of this article;
(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 of Ewing;
(5)
Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution
that, if 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.
