Township of Teaneck, NJ
Bergen County
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Table of Contents
Table of Contents
[Editor's Note: Former Ch. 12, Children's Homes, Nurseries, Convalescent Homes, Etc., adopted by R.O. 1951, Ch. 12, §§ 1 through 17, and R.O. 1951, Ch. 10, §§ 1 through 11, as amended, was repealed by Ord. No. 3512, 8-5-1997, § 2.]
[ Ord. No. 4029, 9-4-2007, § 1.]
(a) 
To the extent that it is not inconsistent with state or federal law, the Township of Teaneck and any of its purchasing agents or departments or instrumentalities of the municipality thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity, including those awarded pursuant to any process including a "fair and open process," if such professional business entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to (i) a campaign committee of any municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Township of Teaneck or Bergen County party committee, or (iii) to any candidate committee or political action committee (PAC) that regularly engages in, or whose primary purpose is the support of municipal or county elections and/or municipal or county 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 entity or vendor who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement (including nonemergency contracts awarded by N.J.S.A. 40A:11 et seq. or the "fair and open" process pursuant to N.J.S.A. 19:44A-20 et seq.) with the municipality or any departments thereof, for the rendition of professional services, or goods and services, as the case may be, shall knowingly solicit or make any contribution of money, pledge of contribution, including in-kind contributions, to: (i) any municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Township of Teaneck or Bergen County party committee, or (iii) to any candidate committee or PAC that regularly engages in, or whose primary purpose is the support of municipal or county elections and/or municipal or county parties, between the time of first communication between that professional business entity or vendor and the municipality regarding a specific professional services agreement or goods and services agreement, as the case may be, and the later of the termination of negotiations or rejection of any proposal, or the completion of the contract or agreement.
(c) 
For purposes of this chapter, a "professional business entity" and a "vendor" seeking a public contract mean 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 and vendor 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 or vendor, as well as any subsidiaries directly controlled by the business entity or vendor.
(d) 
Any individual meeting the definition of "professional business entity" or "vendor" under this section may annually contribute a maximum of $300 each for any purpose to any candidate, for Mayor or governing body, or $300 to the Township of Teaneck party committee, or $500 to the Bergen County party committee or to a PAC or candidate committee referenced in this chapter, without violating Subsection (a) of this section. However, any groups of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officers of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Township of Teaneck candidates and officeholders with ultimate responsibility for the award of the contract, and all Township of Teaneck or Bergen County political parties, candidate committees, and PACs referenced in this chapter 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:
(1) 
The Township of Teaneck Mayor or governing body, if the contract requires approval or appropriation from the Mayor or governing body.
(2) 
The Mayor of the Township of Teaneck, 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.
[ Ord. No. 4029, 9-4-2007, § 2.]
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity or vendor to any Township of Teaneck candidate for Mayor or governing body, or Township of Teaneck or Bergen County party committee, candidate committee, or PAC referenced in this chapter shall be deemed a violation of this chapter, 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 or vendor prior to the effective date of this chapter.
[ Ord. No. 4029, 9-4-2007, § 3.]
(a) 
Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor, the Township of Teaneck or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of Section 12-1 of this chapter.
(b) 
The professional business entity and vendor shall have a continuing duty to report any violations of this chapter that may occur during the negotiation, proposal process 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 of Teaneck, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law.
[ Ord. No. 4029, 9-4-2007, § 4.]
A professional business entity, vendor, or municipal candidate or officeholder, or Township of Teaneck or Bergen County party committee, candidate committee, or PAC referenced in this chapter, may cure a violation of Section 12-1 of this chapter if, within 30 days after the general election, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Township of Teaneck or Bergen County political party, candidate committee, or PAC referenced in this chapter.
[ Ord. No. 4029, 9-4-2007, § 5.]
The contribution limitations prior to entering into a contract in Section 12-1(a) do not apply to contracts which are required by law to be awarded to the lowest bidder.
[ Ord. No. 4029, 9-4-2007, § 6.]
(a) 
It shall be a breach of the terms of the Township of Teaneck professional service agreement or agreement for goods or services for a business entity to:
(1) 
Make or solicit a contribution in violation of this chapter;
(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 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 Township of Teaneck;
(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 entity itself, would subject that entity to the restrictions of this chapter;
(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 chapter;
(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 chapter.
(b) 
Furthermore, any professional business entity who violates Subsection (a)(1) through (8) shall be disqualified from eligibility for future Township of Teaneck contracts for a period of four calendar years from the date of the violation.