[Amended 4-8-1981 by Ord. No. O-1981-01537; 10-26-1983 by Ord. No. O-1983-03597]
Within the limits of available appropriations,
the County Executive may negotiate contracts and other legally binding
obligations of the County for approval of the Board in a form approved
by County Counsel for legal form and sufficiency. Such documents shall
contain language that said legally binding obligation is subject to
Board approval. The document shall be signed by the County Executive
and attested by the Clerk of the Board prior to Board action on said
document.
All purchases which require competitive bidding
as defined in the New Jersey Local Public Contracts Law shall conform
to N.J.S.A. 40A:11-20 et seq. and the Local Public Contract Guidelines
and Local Public Contract Regulations as amended and promulgated by
the New Jersey Division of Local Government Services.
All responses to requests for proposals, resumes,
or other representations of qualifications made by potential vendors
shall contain a certification by the potential vendor that the representations
contained therein are true and accurate. At the time of the submittal
of any purchase, contract, or agreement by the administration to the
Board, the County Executive or his/hers designee shall affix thereto
a certification that said vendors' representations of qualifications
are accurate and that he/she knows of no reason why said contract
is in violation of the New Jersey Public Contracts Law.
Where contracts are let by competitive bidding,
the County Purchasing Agent or his/her authorized representative designated
by him/her in writing prior to the opening of bids shall act as the
County's contracting agent pursuant to law. He/she shall award such
contract in the manner provided by law, and shall on a quarterly basis
report to the Board on all bids and awards. Said report shall also
indicate whether the vendor awarded the contract is a minority vendor.
[Added 7-19-2017 by Ord.
No. O-2017-00005]
A.
CONTRACT
JOINT VENTURE
SET-ASIDE
(1)
(2)
(3)
For purposes of this section, the following definitions shall apply:
Has the same meaning ascribed to that term in § 21-2 of the Code of the County of Essex.
An association of one or more minority business enterprise,
women's business enterprise, or veteran-owned business (MBE/WBE/VOB)
in combination with one or more nonMBE/WBE/VOB business enterprise,
proposing to perform as a single for-profit enterprise in which each
joint-venture partner contributes property, capital, efforts, skill
and knowledge. Joint ventures must have an agreement, in writing,
specifying the terms and conditions of the relationship between the
partners and their respective roles in the contract. The County is
to issue payment for services to joint ventures on checks to be endorsed
by each partner of the enterprise.
Has the same meaning as set forth in N.J.S.A. 40A:11-41 as:
A contract for goods, equipment, construction, or services which
is designated as a contract for which bids are invited and accepted
only from qualified small business enterprises, qualified veteran
business enterprises, qualified minority business enterprises or qualified
women's business enterprises, as appropriate;
A portion of a contract when that portion has been so designated;
or
Any other purchase or procurement so designated.
B.
Because a review of the 2005 disparity report, "Analysis of Essex
County Procurement and Contracting," revealed a greater disparity
for MBEs and WBEs than for SBEs, and that because the 2014, 2015 and
2016 reports by the Essex County Office of Small Business and Affirmative
Action similarly revealed an underperformance for MBEs, WBEs and VOBs
in comparison to SBEs, unless prohibited by any federal, state or
local law, for any contract advertised, or if not advertised after
the effective date of this section, the MBE/WBE/VOB Set-Aside and
Joint Venture program created herein shall have the following goals
and shall serve as the initial goals for the County of Essex to pursue.
There shall be:
(1)
Nonprofessional services.
(a)
WBE: 15% total average spend on contracts for nonprofessional
services (catering, printing, marketing, etc.) awarded to WBEs, and
increasing same to 33% by the 2020 fiscal year by way of set-asides.
(b)
MBE: 15% total average spend on contracts for nonprofessional
services (catering, printing, marketing, etc.) awarded to MBEs, and
increasing same to 33% by the 2020 fiscal year by way of set-asides.
(c)
VOB: 5% total average spend on private contracts for nonprofessional
services (catering, printing, marketing, etc.) awarded to VOBs, and
increasing same to 15% by the 2020 fiscal year by way of set-asides.
(2)
Professional services.
(a)
WBE: 15% total average spend on private contracts for professional
services (lawyers, architects, accountants, financial advisers, engineers,
and consultants, etc.) awarded to WBEs, with the goal of increasing
same to 25% by the 2020 fiscal year by way of set-asides.
(b)
MBE: 15% total average spend on private contracts for professional
services (lawyers, architects, accountants, financial advisers, engineers,
and consultants, etc.) awarded to MBEs, with the goal of increasing
same to 25% by the 2020 fiscal year by way of set-asides.
(c)
VOB: 5% total average spend on private contracts for professional
services (lawyers, architects, accountants, financial advisers, engineers,
and consultants, etc.) awarded to VOBs, with the goal of increasing
same to 15% by the 2020 fiscal year by way of set-asides.
(3)
Goods and services.
(a)
WBE: 15% total average spend on private contracts for goods
and services (office supplies, cleaning products, furniture, etc.),
awarded to WBEs, and increasing same to 20% by the 2020 fiscal year
by way of set-asides.
(b)
MBE: 15% total average spend on private contracts for goods
and services (office supplies, cleaning products, furniture, etc.),
awarded to MBEs, and increasing same to 20% by the 2020 fiscal year
by way of set-asides.
(c)
VOB: 5% total average spend on private contracts for goods and
services (office supplies, cleaning products, furniture, etc.) awarded
to VOBs, and increasing same to 15% by the 2020 fiscal year by way
of set-asides.
(4)
Construction.
(a)
WBE: 20% total average spend on construction contracts awarded
to WBEs, and increasing same to 25% by the 2020 fiscal year by way
of joint venture.
(b)
MBE: 20% total average spend on construction contracts awarded
to MBEs, and increasing same to 30% by the 2020 fiscal year by way
of joint venture.
(c)
VOB: 5% total average spend on construction contracts awarded
to VOBs, and increasing same to 15% by the 2020 fiscal year by way
of joint venture.
C.
The total average dollar spend on MBEs, WBEs, and/or VOBs shall not
be credited or categorized more than once against a set-aside or joint
venture's MBE, WBE, or VOB commitment with respect to all County contracts
of such contractor and must be recorded as one or the other for accurate
reporting purposes.
D.
The County will pay the certification fee of $100 for first-time
registrants who wish to become certified as MBEs, VOBs or WBEs.
E.
A registered Small Business Enterprise (SBE) may participate in a
joint venture program if it agrees to enter into a joint venture with
a MBE, WBE, or VOB, and the MBE, WBE, or VOB must receive 40% of the
profits from the contract and perform 40% of the work necessary to
fulfill the contract.
F.
The Essex County purchasing agent may forgo awarding a contract pursuant
to this section under the following conditions:
(1)
An emergency exists, as a specific, documented and definable danger
to public health, safety or welfare;
(2)
Where an eligible MBE, or WBE, or VOB joint venture or set-aside
is determined by the purchasing agent to be unqualified or ineligible
to perform the contract, to be proven by way of proof of misrepresentation
as to the requirements of the contract or a determination as to same
is made by a court of law;
(3)
Where the Essex County purchasing agent determines that two bids
from a qualified MBE, WBE, VOB or a qualified joint venture cannot
be obtained pursuant to N.J.S.A. 40A:11-46(a); and
(4)
Where the Essex County purchasing agent determines that the acceptance
of the lowest responsible bid will result in the payment of an unreasonable
price pursuant to N.J.S.A. 40A:11-46(b).
G.
For the purposes of joint ventures, the bonding requirement for any
contract awarded the joint entity formed for purposes of complying
with this section shall be the liability of the entity formed to satisfy
same.
H.
For all contracts advertised after the effective date of this section,
the purchasing agent shall make a good-faith effort to attain the
goals established by the Board pursuant to this section.
I.
As it relates to joint ventures and set-asides; a condition of being
awarded a contract under this section: The eligible MBE, WBE, or VOB
joint venture or set-aside shall continue to meet the definition and
satisfy the criteria of an eligible joint venture or set-aside during
the term of the contract for which the bid incentive was awarded.
Furthermore, the joint venture contract awardee shall maintain accurate
and detailed books and records necessary to monitor compliance with
this section, and shall submit such reports as required by the purchasing
agent, his/her designee or the Board.
J.
The County purchasing agent and/or the Office of Small Business Development
and Affirmative Action or office of similar jurisdiction shall be
required to adopt policy, rules and regulations for the proper administration
and enforcement of this section. The policy, rules and regulations
to be adopted shall include training opportunities, outreach, compliance
and enforcement measures to assess the accurate representation of
MBE, WBE and VOB structure, including, but not limited to, an enforcement
officer to ensure compliance with this section and to assess the set-aside
company and/or joint venture's Board of Directors composition.
K.
This section shall not apply to any contract to the extent that the
requirements imposed by this section are inconsistent with procedures
or standards required by any law or regulation of the United States
or the State of New Jersey, and to the extent such inconsistency is
not permitted under law or the home rule powers of the County.
L.
This section shall take effect after public hearing and 90 days after
final adoption by the Essex County Board of County Commissioners.
All purchases of any supplies, materials, equipment
or contractual services for any department shall be made by the County
Purchasing Agent in the Division of Purchasing and in the Department
of Administration and Finance, pursuant to a written requisition from
the head of the department whose appropriation will be charged, and
the certification of the Treasurer that a sufficient unencumbered
balance of appropriations is available to pay therefor. All such purchases
shall conform to the Local Public Contracts Law, the Local Public
Contract Guidelines and Local Public Contract Regulations, as amended,
as promulgated by the New Jersey Division of Local Government Services,
and the Essex County Administrative Code.
[Added 1-18-2001 by Ord. No. O-2000-00018]
Pursuant to N.J.S.A. 40A:11-6d, the Essex County
Board of County Commissioners hereby prescribes additional rules and
procedures to implement the requirements of N.J.S.A. 40A:11-6:
A.
The official in charge of the agency wherein the emergency
occurred, or such other officer or employee as may be authorized to
act in place of that official shall notify the Clerk of the Essex
County Board of County Commissioners, in writing, within 24 hours
of the emergency and/or awarding of a contract or contracts for such
purposes as may have been necessary to respond to the emergent needs.
B.
Payment for the furnishing of the goods or services
pursuant to the terms of the emergency contract shall be made only
after adoption of an appropriate resolution by the Essex County Board
of County Commissioners.
Immediately following each accepted delivery,
the authorized departmental representative shall forward to the head
of the Department of Administration and Finance the accepted shipping
advice, ticket or confirmation.
[Added 3-22-1995 by Ord. No. O-1995-00003]
A.
Negotiated contracts. All contract proposals submitted
by individuals and/or business entities seeking to provide goods or
to perform services for the County of Essex shall contain a statement
setting forth all political contributions of $500 or more made within
five years next preceding the date of said proposal (or commencing
the effective date of this amendment, whichever period is less), either
directly or indirectly, to any County elected official, County political
party and/or County official, political organization or any state
political party.
B.
Bid contracts. When the contract is awarded by competitive
bidding as defined in the New Jersey Local Public Contracts Law, the
successful bidder shall be required, within seven days of receipt
of notice of the award of said contract, to file with the Office of
the County Purchasing Agent, a statement setting forth all political
contributions of $500 or more made within five years preceding the
date of the award of said contract (or commencing the effective date
of this amendment, whichever period is less), either directly or indirectly,
to any County elected official, County political party and/or County
official, or political organization or any state political party.
