§ 4-22.1. Awarding of public professional service contracts., Article V. Budget and Expenditures, Chapter 4. Administration of Government, Part I. Administrative Legislation, Code of Ordinances, West Windsor

Prohibition of awarding public contracts to certain contributors.

(1)

Any other provision of law to the contrary notwithstanding, the Township 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 services from any professional service provider if that provider has solicited or made any contribution of money or pledge of a contribution, including in-kind contributions, to a campaign committee of any West Windsor Township candidate or holder of public office within the Township having responsibility for the award of the contract or to any West Windsor Township or Mercer County Party Committee within one calendar year immediately preceding the date of the contract or agreement.

(2)

No professional service provider which enters into negotiations for or agrees to any contract or agreement with the Township or any department or agency thereof or of its independent authorities 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 any West Windsor Township candidate or holder of public office within the Township having responsibility for the award of the contract or to any West Windsor Township or Mercer County Party Committee between the time of first communications between that service provider 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.

(3)

For purposes of this section, a "professional service provider" 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 service provider includes all principals who own 1% or more of the equity in the corporation or business trust, partners and officers in the aggregate employed by the provider as well as any subsidiaries directly controlled by the service provider.

(4)

For purposes of this section, the office that is considered to have responsibility for the award of the contract shall be:

(a)

The West Windsor Township Council if the contract requires approval or appropriation from the Council or a public officer who is responsible for the award of a contract if that public officer is appointed by Council; or

(b)

The Mayor of West Windsor Township if the contract requires the approval of the Mayor or a public officer who is responsible for the award of contract if that public officer is appointed by the Mayor; or

(c)

Both of the above.

Contributions made prior to the effective date. No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any West Windsor Township candidate for Mayor or Township Council or West Windsor Township party committee 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 or agreement was made by the professional business entity prior to the effective date of this section.

Contribution statement by professional business entity.

(1)

Prior to awarding any contract or agreement to procure services with any professional service provider, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional service provider has not made a contribution in violation of Subsection A hereof.

(2)

The professional service provider shall have a continuing duty to report any violations of this section that may occur during the negotiation 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 and shall be in addition to any other certifications that may be required by any other provision of law.

Penalty.

(1)

All Township of West Windsor professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional service provider, as defined in Subsection A(3), to violate Subsection A(2) or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through intermediaries or any Mercer County Party Committee for the purpose of concealing or misrepresenting the source of the contribution.

(2)

Any professional service provider, as defined in Subsection A(3) who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through intermediaries, including but not limited to Mercer County Party Committee, for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future Township contracts for a period of four calendar years from the date of the violation.