[Adopted by Ord. No. 4029, 9-4-2007; amended in its entirety by Ord. No. 19-2017, 6-13-2017]
[1]
Editor's Note: Former Ch. 12, Children's Homes, Nurseries,
Convalescent Homes, Etc., of the 1965 Code, adopted as R.O. 1951,
Ch. 12, §§ 1 through 17, and R.O. 1951, Ch. 10, §§ 1
through 11, as amended, was repealed 8-5-1997 by Ord. No. 3512.
(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 or vendor in excess of $17,500 in the aggregate per year, excepting those contracts awarded under a public exigency (N.J.S.A. 40A:11-6) or those awarded pursuant to a fair and open process whereby the award is required to be made to the lowest responsible bidder, if such professional business entity or vendor has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to a campaign committee of any municipal candidate or holder of public office in the Township of Teaneck having ultimate responsibility for the award of a contract, or to any Township of Teaneck party committee, or to any candidate committee or political action committee (PAC) that regularly engages in, or whose primary purpose is, the support of Teaneck municipal elections and/or Teaneck municipal parties, in excess of the thresholds specified in Subsection (d) within the preceding one-year period from the date of the award 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
in excess of $17,500 in the aggregate per year (excepting emergency
contracts awarded by N.J.S.A. 40A:11-6 or under the fair and open
process pursuant to N.J.S.A. 19:44A-20 et seq. whereby the award is
required to be made to the lowest responsible bidder) with the Township
of Teaneck 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, or pledge of a contribution,
including in-kind contributions, to a campaign committee of any municipal
candidate or holder of public office in the Township of Teaneck having
ultimate responsibility for the award of a contract, or to any Township
of Teaneck party committee, or to any candidate committee or political
action committee (PAC) that regularly engages in, or whose primary
purpose is, the support of Teaneck municipal elections and/or Teaneck
municipal parties, between the time of first communication between
that professional business entity or vendor and the Township of Teaneck
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 contribute a maximum of $300 each per election for any purpose to a campaign committee of any municipal candidate or holder of public office in the Township of Teaneck having ultimate responsibility for the award of a contract, or to any Township of Teaneck party committee, or to any candidate committee or political action committee (PAC) that regularly engages in, or whose primary purpose is, the support of Teaneck municipal elections and/or Teaneck municipal parties without violating Subsection (a) of this section. However, any group 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 per election to all Township of Teaneck candidates and officeholders with ultimate responsibility for the award of the contract, and all Township of Teaneck 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 the
Township Council.
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 municipal candidate, or Township of Teaneck
party committee, or 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 Ord. No.
4029.
(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 in excess of $17,500 in the aggregate per year, 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 § 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 section 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.
A professional business entity, vendor, or Teaneck municipal candidate or officeholder, or Township of Teaneck party committee, candidate committee, or PAC referenced in this chapter, may cure a violation of § 12-1 of this chapter if, within 60 days after the date on which the contribution was made, the professional business entity or vendor notifies the Township of Teaneck, in writing, and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Township of Teaneck political party, candidate committee, or PAC referenced in this chapter.
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:
(a)
Make or solicit a contribution in violation of this chapter.
(b)
Knowingly conceal or misrepresent a contribution given or received.
(c)
Make or solicit contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution.
(d)
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 public office of Township of Teaneck.
(e)
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.
(f)
Fund contributions made by third parties, including consultants,
attorneys, family members, and employees.
(g)
Engage in any exchange of contributions to circumvent the intent
of this chapter.
(h)
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.
