[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").[1]
[1]
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:
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;
A.
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
B.
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.
A.
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.
B.
Fair and open process defined.
(1)
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.
(a)
The public notice shall be:
[1]
Prominently posted in the public place reserved for Sunshine
Law notices;
[2]
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
[3]
Filed with the Township Clerk.
(b)
The public notice shall, at minimum, include:
[1]
A description of the goods or services needed, including,
where appropriate, a description of tasks involved.
[2]
Threshold qualification requirements setting the highest
possible minimum standards for qualifying to compete for the particular goods
or services and tasks involved.
[3]
Notice that the selection criteria are on file and available
at a stated location in the Township.
[4]
Deadline and place for all submissions.
(2)
The selection criteria to be used in awarding a contract
or agreement for goods or services shall include:
(a)
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.
(b)
References which include evidence of successful transactions
for provision of similar goods or services.
(c)
Description of ability to provide the goods or services
in a timely fashion (for service contracts, include staffing, familiarity,
and location of key staff).
(d)
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.
(e)
Qualifications of the individuals who will perform the
tasks and the amounts of their respective participation (services only).
(f)
Other relevant experience.
(g)
Ability to perform the task or provide goods in a timely
fashion.
(h)
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.
(3)
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.
(4)
Contracts awarded under this article shall be publicly
announced and awarded.
