[HISTORY: Adopted by the Borough Council of the Borough of
Medford Lakes as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-14-2010 by Ord. No. 577]
It is the purpose of this article that, notwithstanding that
professional services contracts are exempt from the competitive bidding
requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq., the Borough Council deems it appropriate, in order to avoid
any perception that professional services contracts are awarded in
consideration for, e.g., political contributions or other considerations,
that it make clear that said contracts, consistent with the provisions
of recently enacted New Jersey legislation, shall henceforth be awarded
through a competitive, quality- and experience-based, fair and open
process.
No professional services contracts, as that term is used in
the Local Public Contracts Law, shall be awarded after the date of
the adoption of this article unless the following competitive, quality-based,
fair and open process is followed:
A.Â
Professional
services shall be awarded by virtue of a combined publicly advertised
request for qualifications (RFQ) and request for proposals (RFP),
which will be issued as one document for those appointments which
are made on an annual basis, such as, but not limited to, the positions
of Borough Attorney, Borough Engineer, Planning Board Attorney, Planning
Board Engineer, Borough Auditor and such similar statutory and/or
ordinance public positions.
B.Â
For
said positions, no contract shall be awarded unless and until the
positions are:
(1)Â
Advertised in the official newspaper in sufficient time to give notice
in advance of the solicitation for the contracts;
(2)Â
Awarded under a process that provides for public solicitation of
proposals and qualifications;
(3)Â
Awarded and disclosed under criteria established in writing by the
Borough of Medford Lakes prior to the solicitation of proposals or
qualifications; and
(4)Â
Publicly announced when awarded; and as to those RFQs and RFPs which
do not receive response, the Municipal Clerk shall retain a copy of
same on file for a period of not less than 60 days.
C.Â
For
contracts which arise on an occasional basis, such as appraisals,
as well as title searches, surveying and similar work, professional
services shall be awarded only after receipt of publicly advertised
RFQs, after which a limited number of the best qualified vendors would
be identified, and proposals would then be solicited therefrom.
D.Â
A
review of RFPs/RFQs by review committees. A review committee shall
be established consisting of two members of Borough Council to prepare,
process and evaluate any RFQ and/or RFP issued pursuant to the professional
services contracting procedures set forth above. Said committee shall
evaluate the respective qualifications and/or proposals, taking into
consideration the designated qualifications and/or performance criteria,
experience, quoted fee and other relevant factors in making a recommendation
of award to Borough Council; and the review committee may, in its
sole discretion, conduct negotiations with qualified vendors after
receipt of proposals, in order to achieve the best possible contract
terms and conditions for the Borough and its taxpayers.
E.Â
Emergency
exceptions. Notwithstanding the foregoing, the Borough Council recognizes
that the New Jersey Legislature has provided for the occurrence of
certain emergencies, and further recognizes that, therefore, the procedure
outlined above might not be capable of being achieved in the event
of an emergency or similar time constraints. Thus, should such a situation
arise and time does not permit resort to this procedure, and the immediate
performance of services is necessary, then an award for same may be
made in accordance with the provisions of the Local Public Contracts
Law relating to emergency contracts and such rules and regulations
as may be promulgated, from time to time, by the Borough Council with
regard to same. No such emergency contracts, however, may be awarded
without submission to the Borough Clerk of a certification establishing
the basis for the deviation from the procedures outlined herein.
[Adopted 4-14-2010 by Ord. No. 578]
The Borough of Medford Lakes does hereby state that it is the
policy of the Borough to prohibit professional business entities from
making political contributions or become ineligible to receive a public
professional service contract from the Borough of Medford Lakes. It
is also the Borough's policy to prohibit professional business
entities which are performing or being paid under existing contracts
with the Borough from contributing politically or engaging in the
solicitation of political contributions relating to municipal elected
offices.
For purposes of this article, the terms used herein shall be
given the broadest possible meaning in order to effectuate the policy
objectives stated and adopted. Certain specific terms used shall have
the following meanings:
The act of giving money or providing in-kind contributions
to aid a municipal political candidate or any of the political committees
or political entities otherwise referenced in this article.
The same meaning as "contributing."
The same meaning and use generally utilized by the Election
Law Enforcement Commission of the State of New Jersey under the statutes
and regulations governing that agency. The term shall include but
not be limited to payments or donations of money and in-kind contributions.
The terms "PAC" or "PACS" are abbreviations for "political
action committee" or "political action committees," respectively.
The terms refer to organizations that regularly engage in, or whose
primary purpose is, the support of municipal elections and/or municipal
parties in excess of the thresholds specified in this article. The
foregoing shall be limited to organizations and entities which support
or oppose Medford Lakes Borough candidates for Borough Council or
which engage in political activities in support or opposition to candidates
for Medford Lakes Borough Council.
The same definition as "contributions," hereinabove.
For purposes of this article, a "professional business entity"
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
engaged in a profession or service which is exempt from public bidding.
The definition of a business entity includes all principals who own
10% or more of the equity in the corporation or business trust, partners,
and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity. Substantively,
a professional business entity includes individuals and firms engaged
in the rendering of legal services, engineering services, survey work,
architectural services, planning services, design services, financial
consulting and other consulting work, auditing, accounting, appraisal
services, insurance services and banking.
The following prohibitions are imposed upon those individuals
or entities seeking professional, banking or insurance contracts with
the Borough of Medford Lakes:
A.Â
Any
other provision of law to the contrary notwithstanding, the municipality
or any of its purchasing agents or boards, commissions or committees
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, including banking services/relationships or insurance coverage
services, from any professional business entity if that entity has
solicited or made any contribution of money, or pledge of a contribution,
including in-kind contributions, to a campaign committee of any Medford
Lakes Borough candidate or holder of the public office having ultimate
responsibility for the award of the contract, or to any Medford Lakes
Borough or County of Burlington party/candidate committee, or to any
political action committee (PAC) as defined herein within one calendar
year immediately preceding the date of the contract or agreement.
B.Â
No
professional business entity which enters into negotiations for, or
agrees to, any contract or agreement with the municipality or any
department or agency or boards, commissions or committees thereof
or of its independent authorities for the rendition of professional,
banking or insurance coverage services or any other no-bid consultants
shall knowingly solicit or make any contribution of money, or pledge
of a contribution, including in-kind contributions, to any Medford
Lakes Borough candidate or holder of the public office having ultimate
responsibility for the award of the contract, or to any Medford Lakes
Borough or County of Burlington party/candidate committee, or to any
political action committee (PAC) as defined herein between the time
of first communications between that business entity 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.
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Council, or municipal or county party committee
or PAC referenced in this article, 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
was made by the professional business entity prior to January 1, 2010.
All Medford Lakes Borough municipal candidates or municipal
officeholders shall sign an acknowledgement statement at the time
of submission of candidacy petitions to the Medford Lakes Borough
Clerk that they have received a copy of the Borough's Ordinance
for Public Contracting ("Pay-to-Play") Reform.
A.Â
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Borough or any of its purchasing agents or agencies or boards, commissions or committees, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of § 9-5 of this article.
B.Â
The
professional business entity shall have a continuing duty to report
any violations of this article that may occur during the negotiation
or duration of a contract. The certification required under this section
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
A professional business entity or Borough candidate or officeholder or municipal or county party committee or PAC referenced in this article may cure a violation of § 9-5 of this article if, within 30 days after the general election, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the Borough candidate or municipal or county political party or PAC referenced in this article.
A.Â
It shall be a breach of the terms of the Medford Lakes Borough professional
services agreement for a business entity to:
(1)Â
Make or solicit a contribution in violation of this article;
(2)Â
Knowingly conceal or misrepresent a contribution given or received;
(3)Â
Make or solicit contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)Â
Make or solicit any contribution on the condition or with the agreement
that it will be contributed to a campaign committee of any candidate
or holder of a public office of Medford Lakes Borough;
(5)Â
Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution
which, if made or solicited by the business entity itself, would subject
that entity to the restrictions of this article;
(6)Â
Fund contributions made by third parties, including consultants,
attorneys, family members, and employees;
(7)Â
Engage in any exchange of contributions to circumvent the intent
of this article; or
(8)Â
Directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restrictions of
this article.
This article shall be filed by the Borough Clerk with the Secretary
of State in compliance with N.J.S.A. 40A:11-51(c).
