[HISTORY: Adopted by the Township Committee of the Township of Hampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-2011 by Ord. No. 2011-13]
As used in Article I of Chapter 21 of the Hampton Township Code:
BUSINESS ENTITY
One whose contributions are regulated by Chapter 21 of the Hampton Township Code and who or which is:
A. 
A natural person, including his/her spouse and any child/children residing with that person;
B. 
A firm, corporation, professional corporation, partnership, limited partnership, limited liability company, organization, association and other legal commercial entity organized under the laws of any state or foreign jurisdiction;
C. 
Any person or entity owning 10% or more of the equity, ownership or income interests in an entity identified in Subsection B of this definition and, if a person, that person's spouse and child/children residing with that person;
D. 
All partners or officers of such an entity, in the aggregate, and their spouses and child/children residing with those partners or officers; and
E. 
All persons who are an "affiliate" of a business entity as defined in Subsections A and B of this definition as such term is used in 11 U.S.C. § 101(2).
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES
All contracts for "professional services" and "extraordinary unspecifiable services," as such terms are used in N.J.S.A. 40A:11-5.
CONTRIBUTION
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans and in-kind contributions.
A. 
To the extent not inconsistent with state or federal law, the Township of Hampton or any of its departments or agents shall not enter into any contract to procure goods or services from a business entity, including but not limited to professional services as such term is defined in N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "professional services"), nor extraordinary unspecifiable services as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii) and/or media, public relations, lobbying, or other consulting and/or management service (hereinafter "extraordinary unspecifiable services") from any business entity, if such business entity has solicited or made any contribution to or for i) a candidate, candidate committee or joint candidate committee of any candidate for elective municipal office in the Township of Hampton or a holder of public office having ultimate responsibility for the award of a contract or ii) any Township of Hampton political committee or political party committee or iii) any continuing political committee or political action committee that regularly engages in the support of Township of Hampton elections and/or the Township of Hampton candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees (hereinafter "PAC"), in excess of the thresholds specified in § 21-2C within one calendar year immediately preceding the date of the contract.
B. 
No business entity who submits a proposal for, enters into negotiations for or agrees to a contract with the Township of Hampton or any of its departments or instrumentalities for the rendition of professional services or extraordinary unspecifiable services shall knowingly solicit or make any contribution to or for:
(1) 
A candidate, candidate committee or joint candidate committee of any candidate for elective municipal office in the Township of Hampton or a holder of public office having ultimate responsibility for the award of a contract; or
(2) 
Any Township of Hampton political committee or political party committee; or
(3) 
Any PAC, starting from the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecifiable services and the later of i) termination of negotiations, ii) rejection of any proposal and iii) the completion of performance by the specified time period of the contract.
C. 
The maximum monetary thresholds of contributions referred to in § 21-2A are i) $300 per calendar year each for any purpose to any candidate for Hampton Township Committee or $500 per calendar year to any joint candidate committee for the Hampton Township governing body or $300 per calendar year to a political committee or political party committee of the Township of Hampton; ii) $500 per calendar year to a Township of Hampton political committee or political party committee; and iii) $500 per calendar year to any PAC (as defined in § 21-2A). However, with regard to each business entity which is a party to a contract for professional or extraordinary unspecifiable services as referred to in § 21-2A or is engaged in negotiations for a contract referred to in § 21-2A, when such business entity's contribution is aggregated with all persons and entities included within the scope of the definition of "business entity" set forth in § 21-1C by virtue of their affiliation with that business entity, the maximum monetary threshold shall be $2,500 per calendar year in the aggregate to all Township of Hampton candidates, candidate committees, joint candidate committees and holders of public office having ultimate responsibility for the award of a contract and all Township of Hampton political committees and political party committees, without violating § 21-2A. The foregoing thresholds are subject to adjustment pursuant to N.J.S.A. 19:44A-7.2, as may be amended from time to time.
D. 
For purposes of § 21-2, the office that is considered to have ultimate responsibility for the award of contracts shall be the Hampton Township Committee.
E. 
Rules regarding subcontractors. No business entity may be awarded a subcontract to perform under a contract subject to Chapter 21, Article I, of the Hampton Township Code if the subcontractor would be disqualified by § 21-2A from receiving the contract at the time the subcontract is awarded; nor may any business entity who would be disqualified by § 21-2A from receiving the contract perform substantially all of obligations described in a contract that is subject to Chapter 21, Article I, of the Hampton Township Code.
No contribution or solicitation of contributions made before the effective date of Chapter 21, Article I, of the Hampton Township Code shall be deemed to give rise to a violation of Chapter 21, Article I, or its subsections.
No contract subject to Chapter 21, Article I, of the Hampton Township Code may be renewed, extended or materially modified unless the resulting renewal, extension or modification would be allowable under the provisions of this Chapter 21, Article I, if it were an initial contract.
A. 
At least 10 days before awarding a contract governed by Chapter 21, Article I, of the Hampton Township Code, the Township of Hampton shall receive a sworn statement from the business entity which is the intended recipient of the contract that he/she/it has not made a contribution which would be in violation of Chapter 21, Article I. Before the contract is awarded, the Hampton Township Clerk shall be responsible for informing the Hampton Township Committee whether the said sworn statement is received and whether the business entity is in compliance with Chapter 21, Article I.
B. 
A business entity shall have a continuing duty to report to the Hampton Township Clerk any contributions that fail to comply with Chapter 21, Article I, of the Hampton Township Code and are made during the negotiation, proposal process or pendency of a contract. The Hampton Township Clerk shall inform the Hampton Township Committee within 10 business days after receipt of said report from the business entity or at the next Township of Hampton Committee meeting following receipt of said report from the business entity, whichever comes first.
C. 
The certifications required by this section shall be in addition to any other certifications required by law.
A business entity that is a party to a contract subject to this article of the Hampton Township Code may cure a violation of Chapter 21, Article I, or its subsections by, within 30 days after the date on which the applicable Election Law Enforcement Commission (ELEC) report is published, notifying the Hampton Township Clerk of the violation in writing and submitting proof to the Hampton Township Clerk of reimbursement of the objectionable contribution(s) from the recipient(s) of such contribution(s).
Chapter 21, Article I, of the Hampton Township Code shall only apply to a contract having an anticipated value greater than $17,500 or such threshold set forth in N.J.S.A. 19:44A-20.5, as may be amended. Chapter 21, Article I, of the Hampton Township Code shall not apply to contracts which:
A. 
Are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4; or
B. 
Are awarded in the case of emergency under N.J.S.A. 40A:11-6 or are awarded pursuant to a fair and open process as defined in N.J.S.A. 19:44A-20.7.
A. 
It shall be a material breach of the terms of a Township of Hampton contract which is subject to Chapter 21, Article I, of the Hampton Township Code when a business entity that is a party to such contract has made or solicited a contribution in violation of Chapter 21, Article I, or its subsections; knowingly concealed or misrepresented a contribution given or received; made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; made or solicited any contribution on the condition or with the agreement that it will be recontributed to a candidate, candidate committee or joint candidate committee of any candidate for elective municipal office in the Township of Hampton or a holder of public office having ultimate responsibility for the award of a contract or any Township of Hampton political committee or political party committee or any PAC; engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit a contribution which, if made or solicited by the business entity itself, would subject that entity to the restrictions of Chapter 21, Article I, funded contributions made by third parties, including consultants, attorneys, family members and employees; engaged in any exchange of contributions to circumvent the intent of Chapter 21, Article I; or directly or indirectly, through or by any other person, entity or means, done any act which if done directly would subject that business entity to the restrictions of Chapter 21, Article I.
B. 
A business entity which violates Section 21 of the Hampton Township Code may be disqualified from eligibility for future Township of Hampton contracts for up to four calendar years from the date of the violation, as shall be determined by the governing body of the Hampton Township Committee.
C. 
Any person or entity who knowingly, purposely or recklessly violates any provision of Chapter 21, Article I, of the Hampton Township Code or conspires with another person or entity to violate a provision thereof or, with the purpose of promoting or facilitating a violation thereof, solicits another person or entity to commit it, or aids or agrees or attempts to aid another person or entity in planning or committing it, shall be subject to punishment including fines and/or imprisonment as fixed by law for violations of ordinances of the Township of Hampton.
If any provision of Chapter 21, Article I, of the Hampton Township Code, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of Chapter 21, Article I, to the extent it can be given effect or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of Chapter 21, Article I, are severable. If any provision of Chapter 21, Article I, conflicts with the N.J.S.A. 19:44A-1 et seq., the stricter provision shall prevail.
All ordinances or parts of ordinances which are inconsistent with any provisions of this article are hereby repealed to the extent of such inconsistencies.
This article shall become effective upon the final adoption hereof by the Township Committee of the Township of Hampton and shall be published as required by law.