[HISTORY: Adopted by the Township Committee of the Township
of South Harrison as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-10-2008 by Ord. No. 0-08-29]
A.
Any other provision of law to the contrary notwithstanding, the municipality 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 professional, banking, insurance coverage services or any other consulting services, including those awarded pursuant to a "fair and open" process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any South Harrison Township 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 South Harrison Township or Gloucester County party committee, or to any political action committee (PAC) or candidate committee that regularly engages in, or whose primary purpose is the support of municipal elections and/or municipal parties in excess of the thresholds specified in Subsection D within three calendar years immediately preceding the date of the contract or agreement.
B.
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 rendition of professional, banking or insurance coverage services
or any other consulting services, including those awarded pursuant
to a "fair and open" process, shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any South Harrison Township 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 South Harrison Township or Gloucester County party committee,
or to any political action committee (PAC) or candidate committee
that regularly engages in, or whose primary purpose is the support
of municipal elections and/or municipal parties between the time of
first communications between that business entity 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.
C.
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.
D.
Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $1 each for any purpose to any candidate for Township Committee, or $1 to a Township of South Harrison political party or candidate committee, or $500 to the Gloucester County political party committee, or to a PAC referenced in this article, without violating Subsection A of this section. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $1 to all South Harrison Township candidates and officeholders with ultimate responsibility for the award of the contract, and all South Harrison Township political parties, candidate committees, and PACs referenced in this article 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:
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 Township Committee, or municipal or county
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, including banking or insurance coverage services, with any professional business entity, the Township 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 or offerer has not made a contribution in violation of § 8-1 of this article.
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 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 candidate or officeholder or municipal or county party committee or candidate committee or PAC referenced in this article may cure a violation of § 8-1 of this article if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or county political party or candidate committee or PAC referenced in this article.
A.
It
shall be a breach of the terms of the Township of South Harrison professional
service agreement 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 South Harrison 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 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.
[Adopted 12-14-2011 by Ord. No. 0-11-17]
It is the intent and purpose of this article to establish a
fair and open process for the award of certain professional service
agreements for the Township of South Harrison.
A.
Any
other provision of the law or ordinances to the contrary notwithstanding,
the Township, or any agency, board or instrumentality thereof, shall
not enter into a contract having an anticipated value in excess of
$17,500 as determined in advance and certified in writing by the Township,
agency or instrumentality with a business entity, except a contract
awarded pursuant to a fair and open process, that has made a political
contribution that is reportable by the receipt under N.J.S.A. 19:44A-1
et seq. to any municipal committee of a political party in the Township
if a member of that political party is serving in an elective public
office of that municipality when the contract is awarded or to any
candidate committee of any person serving in an elective public office
of the municipality when the contract is awarded; and
B.
A
business entity that has entered into a contract having an anticipated
value in excess of $17,500 with the Township or any agency or instrumentality
thereof, except a contract that is awarded pursuant to a fair and
open process, shall not make such a contribution reportable by the
recipient under N.J.S.A. 19:44A-1 et seq. to any municipal committee
of a political party in the Township if a member of that political
party is serving in an elected public office of the Township when
the contract is awarded or to any candidate committee of any person
serving in an elective public office of the Township when the contract
is awarded, during the term of that contract.
A.
Any professional service entity or other business entity providing services to the Township of South Harrison shall be subject to a fair and open process subject to the criteria established by N.J.S.A. 19:44A-20.4 et seq. The fair and open process shall be as set forth in Subsection B below which shall establish a criteria for same.
B.
The
fair and open process established by the Township of South Harrison
shall require the following:
(1)
Any professional position or service contract not subject to bidding
that shall expire as of December 31 of that calendar year shall be
advertised in the official newspaper of the Township or published
and posted on the Township's website not later than December
16 of each year. The notice shall set forth the name of the position
or contract which is subject to appointment and set forth the minimum
criteria to be considered and the submission of qualification statements
to be submitted by any applicant. The notice published in the official
newspaper of the Township or posted on the Township's website
shall occur in sufficient time to give notice in advance of the contract's
solicitation.
(2)
If the applicant is a professional requiring licensure by the State
of New Jersey, said applicant shall be licensed for a period of not
less than five years;
(3)
The applicant shall submit a "Certificate of Good Standing" or other
similar document evidencing that the professional's license is
not presently suspended or revoked;
(4)
The applicant shall submit a qualification statement in the format
of a resume which shall include, but not be limited to, the following
(as applicable to any business entity or individual professional):
(a)
Full name and business address;
(b)
Listing of all post-high-school education of the applicant;
(c)
Date of licensure in the State of New Jersey;
(d)
A listing of any professional affiliations or memberships in any
professional societies or organizations;
(e)
The number of licensed professionals employed by or affiliated with
the business entity or the business entity which employs the applicant;
(f)
A listing of all special accreditations held by the individual licensed
professional or business entity;
(g)
A listing of all previous public entities served by the business
entity or licensed professional indicating the position held.
C.
The
Mayor, Township Committee or other agency or instrumentality of the
Township of South Harrison shall select the professional or business
entity for the position so advertised, which selection shall thereafter
be confirmed or approved as required by law or ordinance.
D.
Publication.
The awarded contract shall be publicized in the official newspaper
of the Township for publication of notices in accordance with N.J.S.A.
40A:11-5.
E.
Consistent
with the provisions of N.J.S.A. 19:44A-20.7, the Township's determination
of what constitutes a fair and open process shall be final. Fair and
open may necessarily be implemented differently for different categories
of procurement depending upon the subject matter of the procurement,
and the nature and nuances of the industry providing the services
or products, but, in every instance, the principles of fair and open
shall be maintained.
The purpose of this article is to comply with the provisions
of N.J.S.A. 19:44A-20.5 et seq. The definitions as set forth in the
statute are referred to and incorporated into this article.
