[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer County as indicated in article histories. Amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code of Mercer County has been amended to delete the term “Board of Chosen Freeholders” and replace it with the term “Board of County Commissioners.” In addition, the terms “Freeholder” and “Chosen Freeholder” have been deleted and replaced by the term “County Commissioner.”]
[Adopted 12-16-2004 by Ord. No. 2004-13]
A. 
Any other provision of law to the contrary notwithstanding, the County or any of its boards, independent authorities or commissions, as the case may be, shall not enter into a redevelopment contract or agreement with any business entity if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, directly or indirectly, to a campaign committee or fund of any candidate for holder of a public office within Mercer County government having substantial influence or responsibility for the award of contracts, or to any municipal or County party committee, or to any political action committee (PAC) that is organized for the purpose of promoting or supporting Mercer County candidates or officeholders, in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B. 
No business entity which enters into negotiations for, or agrees to, any contract or agreement with the County or any department or agency thereof, or of its boards, independent authorities or commissions for public redevelopment contracts or agreements, shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, directly or indirectly, to any Mercer County candidate or holder of public office having substantial influence or responsibility for the award of said contract, or to any municipal or County party committee, or to any PAC that is organized for the purpose of promoting or supporting Mercer County candidates or County officeholders, between the time of first communications between that business entity and the County regarding a specific redevelopment contract or agreement and the later of the termination of negotiations or the completion of the redevelopment contract or agreement.
C. 
For purposes of this article, a "business entity" seeking a public redevelopment contract or agreement means an individual including the individual's spouse, if any, and any child living at home, person, firm, corporation, professional corporation, partnership, organization, joint venture, limited-liability company, association, or other legal entity. The definition of a business entity seeking public redevelopment contracts or agreements 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 "business entity" under this section may annually contribute a maximum of $400 each for any purpose to any candidate for County Executive, Commissioner, County Clerk, Sheriff and Surrogate, or $400 to a Municipal or County party committee, or to a PAC referenced in this article, without violating Subsection B of this section. However, any group of individuals meeting the definition of "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 $2,500 to all Mercer County candidates and officeholders having substantial influence or responsibility for the award of contracts, and all municipal or County party committees and PACs referenced in this article combined, without violating Subsection B of this section.
E. 
For purposes of this section, the holder of public office having substantial influence or responsibility for the award of any public redevelopment contract shall be:
(1) 
The Mercer County Board of Commissioners, if the contract requires approval or appropriation from the Board of County Commissioners;
(2) 
The Mercer County Executive, if the contract requires approval of the County Executive, or if a public officer who is responsible for the award of a contract is appointed by the County Executive; and
(3) 
The Mercer County Sheriff, Surrogate and County Clerk, who may make recommendations for the award of a contract for a particular business entity.
F. 
The limitations set forth in Subsection D shall not apply in the event the subject contract is 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 Contract Act, N.J.S.A. 40A:11-1 et seq.
No contribution of money or any other thing of value, including in-kind contributions, directly or indirectly, made by a business entity to any candidate for County Executive, Commissioner, County Clerk, Sheriff or Surrogate, or municipal or County party committee, or PAC referenced in this article, shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the business entity prior to the effective date of this section.
A. 
Prior to awarding any public redevelopment contract or agreement, the County or any of its purchasing agents or agencies, boards, independent authorities, or commissions, as the case may be, shall receive a sworn statement or certification from the business entity made under penalty of perjury that the bidder or offer has not made a contribution in violation of § 4.05.010 of this article.
B. 
The business entity shall have a continuing duty to report any violations of this article to the office of the Mercer County Inspector General that may occur during the negotiation or duration of a contract. The sworn statement or certification required under this subsection shall be made prior to entry into the contract or agreement with the County and shall be in addition to any other sworn statements or certifications that may be required by any other provision of law.
A. 
A business entity may cure a violation of § 4.05.010 of this article if, within 30 days after the general election, the business entity notifies the Clerk to the Board of County Commissioners in writing and seeks and receives reimbursement of a contribution from the County candidate or municipal or County party committee or PAC referenced in this article.
B. 
A County candidate or officeholder or Municipal or County party committee or PAC referenced in this article may cure a violation of § 4.05.010 of this article if, within 30 days after the general election, the County candidate or officeholder or Municipal or County party committee or PAC notifies the Clerk to the Board of County Commissioners in writing and makes reimbursement of the contribution from the business entity referenced in this article.
A. 
All Mercer County redevelopment agreements shall provide that it shall be a breach of the terms of the government contract for a business entity as defined in § 4.05.010C to violate § 4.05.010B, or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B. 
Any business entity as defined in § 4.05.010C who knowingly fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Mercer County contracts for a period of four calendar years from the date of the violation.
If any sentence, paragraph or section of this article, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this article shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this article.
This article shall become effective on February 1, 2005. The Office of the Mercer County Inspector General is hereby charged with the implementation of this article by the effective date.
[Adopted 12-16-2004 by Ord. No. 2004-14]
A. 
Any other provision of law to the contrary notwithstanding, the County or any of its purchasing agents or agencies or those of its boards, independent authorities and commissions, as the case may be, shall not enter into a professional service contract or otherwise contract to procure services with any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, directly or indirectly, to a campaign committee or fund of any candidate for holder of a public office within Mercer County government having substantial influence or responsibility for the award of contracts, or to any municipal or County party committee, or to any political action committee (PAC) that is organized for the purpose of promoting or supporting Mercer County candidates or officeholders, in excess of the thresholds specified in Subsection D within one calendar year 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 County or any department or agency thereof, or of its boards, independent authorities or commissions for the rendition of professional services or any other no-bid consulting, shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, directly or indirectly, to any Mercer County candidate or holder of public office having substantial influence or responsibility for the award of contracts, or to any Municipal or County party committee, or to any PAC that is organized for the purpose of promoting or supporting Mercer County candidates or County officeholders, between the time of first communications between that business entity and the County 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, joint venture, limited-liability company, association or other legal entity. 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 $400 each for any purpose to any candidate for County Executive, Commissioner, County Clerk, Sheriff and Surrogate, or $400 to a municipal or County party committee, or to a PAC referenced in this article, without violating Subsection B 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 $2,500 to all Mercer County candidates and officeholders having substantial influence or responsibility for the award of contracts, and all municipal or County party committees and PACs referenced in this article combined, without violating Subsection B of this section.
E. 
For purposes of this section, the holder of a public office having substantial influence or responsibility for the award of any public contract shall be:
(1) 
The Mercer County Board of Commissioners, if the contract requires approval or appropriation from the Board of County Commissioners;
(2) 
The Mercer County Executive, if the contract requires approval of the County Executive, or if a public officer who is responsible for the award of a contract is appointed by the County Executive; and
(3) 
The Mercer County Sheriff, Surrogate and County Clerk, who may make recommendations for the award of a contract for a particular professional business entity.
F. 
"Professional services" shall have the same meaning as set forth in the Local Public Contracts Act, N.J.S.A. 40A:11-1 et seq.
G. 
The limitations set forth in Subsection D shall not apply in the event the subject contract is 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 Act, N.J.S.A. 40A:11-1 et seq.
No contribution of money or any other thing of value, including in-kind contributions, directly or indirectly, made by a professional business entity to any candidate for County Executive, Commissioner, County Clerk, Sheriff or Surrogate, or municipal or County party committee or PAC referenced in this article shall be deemed a violation of this section, 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 County or any of its purchasing agents or agencies, boards, independent authorities or commissions, as the case may be, shall receive a sworn statement or certification from the professional business entity made under penalty of perjury that the bidder or offer has not made a contribution in violation of § 4.05.080 of this article.
B. 
The professional business entity shall have a continuing duty to report any violations of this article to the office of the Mercer County Inspector General that may occur during the negotiation or duration of a contract. The sworn statement or certification required under this subsection shall be made prior to entry into the contract or agreement with the County and shall be in addition to any other sworn statements or certifications that may be required by any other provision of law.
A. 
A professional business entity may cure a violation of § 4.05.080 of this article if, within 30 days after the general election, the professional business entity notifies the Clerk to the Board of County Commissioners in writing and seeks and receives reimbursement of a contribution from the County candidate, or municipal or County party committee, or PAC referenced in this article.
B. 
A County candidate or officeholder or municipal or County party committee or PAC referenced in this article may cure a violation of § 4.05.080 of this article if, within 30 days after the general election, the County candidate or officeholder, or municipal or County party committee, or PAC notifies the Clerk to the Board of County Commissioners in writing and makes reimbursement of the contribution from the business entity referenced in this article.
A. 
All Mercer County professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in § 4.05.080C to violate § 4.05.080B, or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B. 
Any professional business entity as defined in § 4.05.080C who knowingly fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Mercer County contracts for a period of four calendar years from the date of the violation.
If any sentence, paragraph or section of this article, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this article shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this article.
This article shall become effective on February 1, 2005. The Office of the Mercer County Inspector General is hereby charged with the implementation of this article by the effective date.