Third-party disbursement organizations performing services for
the Township shall be required to enter into a written agreement for
such services consistent with the terms and conditions set forth herein
and in accordance with requirements established by the statutes and
regulations of the State of New Jersey. All contracts between a local
unit and disbursing organization shall:
A. Contain adequate provisions to indemnify the local unit against any
losses incurred as a result of the actions or inactions of the disbursing
organizations;
B. Require the disbursing organization to be responsible for the errors
and omissions of its employees or agents, particularly where those
errors and omissions prevent timely disbursements on behalf of the
local unit from being made, including penalties, finds, interest,
and damages; and
C. In those cases where the disbursing organization takes possession
of local unit funds, require adequate insurance to cover such losses
as may arise as a result of errors, omissions, failure to perform
or dishonesty in amounts at least equal to the highest level of exposure
to the local unit for 30 days. Such exposure as regards cash shall
be based on at least the amount of money accessible by the disbursing
organization during said 30-day period and shall not include moneys
that the disbursing organization cannot divert to its own benefit.
All disbursing organizations shall have a written complaint
procedure in existence. At a minimum, the complaint procedure shall
require that a complaint log be maintained, which shall be available
to the local unit for inspection.
Upon reasonable notice, the disbursing organization shall allow
an independent auditor compensated by the local unit to examine its
internal controls applying SAS 70 standards, SysTrust™ standards or other standards and procedures
mutually agreed upon to ensure accurate, complete and timely work
product. Upon completion, the independent auditor's report shall
be provided to the Chief Financial Officer and Governing Body and
shall be for internal use only.
All disputes between the parties and disputes concerning the
contract or its operation shall be in writing and forwarded to the
other party via registered mail. All contracts shall have appropriate
provisions for:
A. Dispute resolution between the parties;
B. The service of process to the disbursing organization in New Jersey;
and
C. Application of New Jersey law.
Within five working days of each disbursement on behalf of a
local unit, the disbursing organization shall provide to the Chief
Financial Officer, reports and documentation supporting the disbursements.
The contract shall also specify the information required by the local
unit to enable it to reconcile its books and records.
All corrections and adjustments must be completed and provided to the local unit promptly. All adjustments and reports of adjustments resulting in disbursements must be reported consistent with the provisions of Section
81-19 above.
Copies of notices, memoranda, complaints or other correspondence
received by the disbursing organization regarding local unit accounts
shall be forwarded to the local unit within 48 hours or receipt.
Contracts for third-party disbursement services are not data
processing service contracts under N.J.S.A. 40A:11-15(5) and 18A:18A-42(d).
All contracts for third-party disbursement services shall have
appropriate provisions for termination of the contract, including,
but not limited to, termination for failure to perform on the part
of the disbursing organization.
All contracts entered into between local units and disbursing
organizations for the provision of third-party disbursement services
shall be in writing and executed by all parties, including intermediaries,
such as banks providing payroll services as part of a compensating
balance agreement.
The contract for third-party disbursement services must require
that no disbursement is made unless the demand for payment meets the
requirements of N.J.S.A. 40A:5-16, N.J.S.A. 18A:19-2 and this chapter.