[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
The purpose of this ordinance is to comply and adopt the provisions of Chapter 19, P.L. 2004, as amended P.L. 2005, c. 51, and Chapter 271, P.L. 2005 (the "Pay to Play Acts").
Editor's Note: See N.J.S.A. 19:44A-20.3 et seq.
As used in this chapter, unless otherwise noted, the following terms shall have the meanings indicated, as delineated within N.J.S.A. 19:44A-20.7:
- BUSINESS ENTITY
- Any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this state or of any other state or foreign jurisdiction;
- The ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate;
The Township of Little Egg Harbor, and any agency or instrumentality thereof, shall not enter into a contract having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the Township, with a business entity, except a contract that is awarded pursuant to a fair and open process, if, during the preceding one-year period, that business entity has made a contribution that is reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.), to any Little Egg Harbor Township committee of a political party, if a member of that political party is serving in an elective public office of Little Egg Harbor when the contract is awarded, or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded; and
A business entity that has entered into a contract having an anticipated value in excess of $17,500 with the Township of Little Egg Harbor, or any agency or instrumentality thereof, except a contract that is awarded pursuant to a fair and open process, shall not make such a contribution, reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.), to any Little Egg Harbor Township committee of a political party, if a member of that political party is serving in an elective public office of that municipality when the contract is awarded, or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded during the term of that contract.
When a business entity is a natural person, a contribution by that person's spouse or child residing therewith shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
If a business entity makes a contribution that would cause it to be ineligible to receive a public contract, or in the case of a contribution made during the term of a public contract that would constitute a violation of the Pay to Play Acts, the business entity may request, in writing, within 60 days of the date on which the contribution was made, that the recipient thereof repay the contribution and, if repayment is received within those 60 days, the business entity would again be eligible to receive a contract, or would no longer be in violation, as appropriate.
Nothing contained in this chapter shall be construed as prohibiting the awarding of a contract when the public exigency requires the immediate delivery of goods or performance of emergency services as determined by the State Treasurer.
Violations of this chapter shall result in penalties as prescribed within N.J.S.A. 19:44A-20.10 and 19:44A-20.11.
The Township shall award all contracts with a business entity having an anticipated value in excess of $17,500 on the basis of the fair and open process herein, in accordance with N.J.S.A. 19:44A-20.7. For purposes of this article, contracts awarded by public bidding pursuant to N.J.S.A. 40A:11-4, and competitive contracting pursuant to N.J.S.A. 40A:11-4.1 to 40A:11-4.5, shall be deemed to have satisfied the Township's "fair and open process." This article shall not apply to any contract for which the entity is regulated by the state so as to prohibit or restrict said entity from making political contributions.
Fair and open process defined.
Requests for proposal shall be published by the posting of a public notice at least 10 days prior to the awarding of any contract herein.
The public notice shall be:
Prominently posted in the public place reserved for Sunshine Law notices;
Mailed, telephoned, telegrammed, faxed, or hand delivered to at least two newspapers designated to receive such notice because they have the greatest likelihood of informing the public within the municipality, one of which shall be the official newspaper of the municipality; and
Filed with the Township Clerk.
The public notice shall, at minimum, include:
A description of the goods or services needed, including, where appropriate, a description of tasks involved.
Threshold qualification requirements setting the highest possible minimum standards for qualifying to compete for the particular goods or services and tasks involved.
Notice that the selection criteria are on file and available at a stated location in the Township.
Deadline and place for all submissions.
The selection criteria to be used in awarding a contract or agreement for goods or services shall include:
Name and business address of proposed contractor. For service contracts, the names and roles of the individuals who will perform the task, and a description of their experience with projects similar to the matter being advertised.
References which include evidence of successful transactions for provision of similar goods or services.
Description of ability to provide the goods or services in a timely fashion (for service contracts, include staffing, familiarity, and location of key staff).
Cost details. For service contracts, include the hourly rates of each of the individuals who will perform services, time estimates for each individual, all expenses, and where appropriate, total cost of "not to exceed" amount.
Qualifications of the individuals who will perform the tasks and the amounts of their respective participation (services only).
Other relevant experience.
Ability to perform the task or provide goods in a timely fashion.
Cost consideration, including, but not limited to, as applicable, historical costs for similar goods or services, expertise involved and comparable costs for comparable public entities.
All submissions shall be kept on file during the term of the related contract, and shall be public records after the deadline for the submission of proposals.
Contracts awarded under this article shall be publicly announced and awarded.