[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Boonton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-8-2015 by Ord.
No. 19-2015]
A.
AGREEMENT FOR PROFESSIONAL SERVICES
AGREEMENT TO PURCHASE GOODS OR SERVICES
BOONTON CAMPAIGN CONTRIBUTION
CAMPAIGN CONTRIBUTION
COUNTY CAMPAIGN CONTRIBUTION
ENTITY
INELIGIBLE VENDOR
INELIGIBLE VENDOR LIST
PASS-THROUGH CAMPAIGN CONTRIBUTIONS
TOWN
VENDOR
VENDOR'S CERTIFICATION OF ELIGIBILITY
Definitions. As used in this article, the following terms shall have
the meanings indicated:
An agreement for the rendering of professional services to
or on behalf of the Town, as defined herein, and without regard to
whether the said agreement or contract is awarded pursuant to and
in accordance with the fair and open procedures as established in
the Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq.
An agreement for the purchasing of goods to or on behalf
of the Town and any vendor contracts for the procurement of goods
or services not considered "professional" as defined in the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq., above the public
bid threshold that may be established from time to time by the State
of New Jersey, and without regard to whether the said agreement or
contract is awarded pursuant to and in accordance with the fair and
open procedures as established in the Pay-to-Play Law, N.J.S.A. 19:44A-20.4
et seq.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of the office of, Mayor or Board of Aldermen of the Town, or
to any municipal or party committee or political club or organization
within the Town; the term "directly or indirectly" as used herein
shall further mean and include any campaign contributions made through
intermediaries or third parties for the purpose of concealing the
source of the contribution(s).
Boonton campaign contribution, county campaign contribution
and/or pass-through campaign contribution as defined herein.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any county-level political organization or county-level campaign
committee or fund within the County of Morris; the term "directly
or indirectly" as used herein shall further mean and include any campaign
contributions made through intermediaries or third parties for the
purpose of concealing the source of the contribution(s).
Any corporation, professional corporation, joint venture,
general or limited partnership, trust or limited liability company,
or subsidiary or parent of any of the foregoing.
Any vendor who has during the preceding three-year period made campaign contributions in excess of the limits set forth in § 18-1C of this chapter.
A list of ineligible vendors maintained by the Town Administrator
or his designee of the Town in accordance with the provisions of this
section.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of the office of, Mayor or Board of Aldermen of the Town, or
to any municipal or party committee or political club or organization
within the Town, that is received from the election fund or other
campaign account of any elected official or candidate for any office
other than Mayor or Board of Aldermen of the Town, or from any county
political organization, county campaign committee or political action
committee or fund within or without the County of Morris.
The Town of Boonton as a municipal entity, and any elected
official, officer, employee, agent, department, board or commission
of the Town of Boonton.
Any individual person or entity who either negotiates, bids
or otherwise seeks to enter into an agreement to purchase goods or
services as defined herein. In the case of any vendor who is an individual
person, the term shall also include the individual's spouse,
if any, and any child living at home, as well as any entity by whom
any of them are employed or in which any of them have an ownership
interest in excess of 10%. In the case of any vendor who is an entity,
the term shall also include each and every principal of the said entity
who has an ownership interest in excess of 10% in the entity, or any
parent or subsidiary of the entity, and their spouses, if any, and
any child living at home.
A certification in lieu of affidavit pursuant to which each
vendor shall list each and every Boonton campaign contribution and
each county campaign contribution the vendor has made during the preceding
year.
B.
Prohibition on awarding contracts for goods or services to certain
campaign contributors.
(1)
The Town shall not enter into any agreement for any professional service or for the purchase of goods or other services with any vendor that has made any campaign contribution in excess of the limits specified in § 18-1C of this article during the one-year period immediately preceding the date of the agreement or during the term of any such agreement.
(2)
This section shall apply to all professional services contracts, with the exception of Subsection B(2)(d), (e), (h) and (i) below, and to all contracts for the purchase of goods and other services with the exception of the following items:
(a)
Contracts that are awarded as a result of open public bidding
as set forth under the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.;
(b)
Contracts that are offered to the lowest, responsible, qualified
bidder after public advertising for bids and quotes, pursuant to the
provisions of the competitive contracting requirement of the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq.;
(c)
Contracts with an anticipated aggregate value less than $17,500;
(d)
Contracts that are awarded due to certain public exigencies
pursuant to N.J.S.A. 19:44A-20.12;
(e)
Contracts with any New Jersey government and/or federal government
agencies;
(f)
Contracts with banking institutions, insurance and public utility
companies that are regulated by state restrictions on political contributions;
(g)
Contracts the Town enters into for the purchase and acquisition
of open space;
(h)
Contracts for professional services, if such professional has
already been appointed or retained by the Town and has provided such
professional service to the Town continuously for a period of at least
10 years or greater. However, if any professional who has provided
such service to the Town for a period of 10 consecutive years or greater
has a break in his representation for any period of time, this exception
shall not apply, and such individual shall be subject to the provisions
of this section; and
(i)
Contracts for professional services, if such professional is
a Governmental Affairs Agent as defined in N.J.S.A. 52:13C-20g of
the New Jersey Legislative and Governmental Process Activities Disclosure
Act, who is validly registered with the New Jersey Election Law Enforcement
Commission ("NJELEC") and/or files with the NJELEC a notice of representation
with respect to the services to be performed on behalf of the Town
within 30 days after the award of the said professional services contract
as required by law.
C.
Boonton and county contribution limits affecting vendor eligibility and conflicts of interest. Campaign contribution limits affecting the eligibility of vendors, pursuant to Subsections B and D, to enter into or be paid pursuant to agreements for the purchase of goods or services are as follows:
(1)
The maximum amount of Boonton campaign contributions that may be
made by a vendor to each political organization or campaign committee
or fund during any election cycle shall not exceed $300.
(2)
The maximum amount of county-level campaign contributions that may
be made by a vendor to each political organization or campaign committee
or fund during any election cycle shall not exceed $300.
D.
Limits on political campaign contributions by vendors to the Town. No vendor shall knowingly solicit on behalf of, or make any campaign contribution in excess of, the limits specified in § 18-1C herein during the pendency of any such negotiations for, or during the term of, any agreement to purchase goods or services.
E.
Vendors to certify their compliance with the Town's restrictions on campaign contributions; obligation is continuing. Prior to issuing any purchase order or awarding to any vendor an agreement for the sale of goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Town's Administrator, or his designee, shall require that the vendor submit the required forms adopted by the State of New Jersey in conjunction with the state's existing Pay-to-Play Law, in which the vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in § 18-1C of this article. The Town Administrator or his designee shall keep the original of each such certification of vendor eligibility on file. Notwithstanding anything contained herein to the contrary, the vendor shall have a continuing duty to report immediately to the Town Administrator or his designee any campaign contributions made in violation of this section that occur during any time that an agreement for the sale of goods or services is in effect, or that occur during the pendency of any negotiations or bidding by the vendor to enter into such an agreement.
F.
A vendor who refuses to certify its eligibility or knowingly submits a false certification of eligibility shall be declared to be an ineligible vendor. In addition to such other penalties as may be provided by law, any vendor who, after 10 days' notice of the consequences thereof, refuses or otherwise fails to provide the certification required herein, or who knowingly files a false vendor's certification of eligibility, shall be designated by the Town Administrator or his designee as an ineligible vendor, and shall be promptly included on the ineligible vendor list maintained pursuant to § 18-1C hereof and shall thereafter be prohibited from entering or continuing any agreement for the sale of goods or services with the Town and from receiving any payment pursuant to such an agreement for a period of three years from the date the vendor is designated as ineligible.
G.
Town Administrator to maintain a list of ineligible vendors. The Town Administrator or his designee shall prepare and at all times maintain a list of vendors who are, by virtue of the provisions of this section, ineligible to enter into an agreement for the sale of goods or services with the Town. The Administrator or his designee shall prepare this list based upon information obtained from the submission of the required forms from the vendors pursuant to § 18-1E. The Town Administrator or his designee shall update the list of ineligible vendors within 10 business days of the receipt of any certifications or information as required in this section.
H.
Contributions made prior to the effective date. Notwithstanding any
term contained herein to the contrary, this section shall not consider
campaign contributions made prior to January 1, 2007, and no such
campaign contributions shall be considered by the Town Administrator
or his designee in determining a vendor's eligibility pursuant
to this section.
I.
Curing violations; return of excess contributions. Any vendor may cure a campaign contribution made in excess of the limits set forth in § 18-1C of this section if the said vendor notifies the Administrator or his designee of the Town, in writing, that it has received a reimbursement of a contribution in excess of that allowed in § 18-1C and by attaching a true and correct copy of the check received in reimbursement within 60 days of making such contribution.
