[HISTORY: Adopted by the Township Council of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-7-2014 by Ord.
No. 14-02 (Ch. 11, Art. I, of the 1985 Code)]
A.Â
To the extent that it is not inconsistent with New Jersey State Law or federal law, the Township of Washington 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 any Township of Washington municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or office holder, or to any Township of Washington party committee, or to any political action committee (PAC) that regularly engages in the support of Township of Washington municipal elections and/or Township of Washington municipal parties in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B.Â
No professional business entity 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, shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to a Township of Washington municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or office holder, or to any Township of Washington party committee, or to any political action committee (PAC) that regularly engages in the support of Township of Washington municipal elections and/or Township of Washington municipal parties in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
C.Â
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.Â
Any individual meeting the definition of "professional business entity" 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 Washington party committee, or $500 to the Bergen County party committee or to a PAC or candidate committee referenced in this article, without violating Subsection A or B of this section.
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
Township of Washington candidate for Mayor or governing body, or Township
of Washington or Bergen County party committee, candidate committee,
or PAC 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.Â
Prior to awarding any contract or agreement to procure services with any professional business entity, the Township of Washington or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of § 13-1 of this article.
B.Â
The professional business entity shall have a continuing duty to
report any violations of this article 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 Washington, and shall be in addition
to any other certifications that may be required by any other provision
of law.
A professional business entity, or municipal candidate or officeholder, or Township of Washington or Bergen County party committee, candidate committee, or PAC referenced in this article, may cure a violation of § 13-1 of this article if, within 30 days after the general election, the professional business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Township of Washington or Bergen County political party, candidate committee, or PAC referenced in this article.
The contribution limitations prior to entering into a contract in § 13-1A do not apply to contracts which are required by law to be awarded to the lowest bidder.
Any professional business entity which violates this article
shall be in breach of any current agreement or contract for professional
services awarded to such professional business entity which shall
thereafter be disqualified from eligibility for further Township of
Washington professional services agreements or contracts for a period
of four calendar years from the date of the violation.
