Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Political fund-raising — See Ch. 84.
[Adopted 12-2-2004 by Ord. No. 782 (Ch. 5A of the 1970 Code)]

§ 35-1 Prohibition on awarding public contracts to certain contributors.

A. 
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or to 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 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 Borough of Oceanport candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Borough of Oceanport or County of Monmouth party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting the Borough of Oceanport municipal candidates or municipal officeholders in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B. 
No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency 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 Borough of Oceanport candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Borough of Oceanport or Monmouth County party committee, or to any PAC that is organized for the primary purpose of promoting or supporting the Borough of Oceanport municipal candidates or municipal officeholders between the time of first communications between that business entity and the Borough regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C. 
For purposes of this article, a "professional business entity" 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. 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 or aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
D. 
Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $300 each for any purpose to any candidate, for Mayor or Council, or $400 to the Borough of Oceanport or Monmouth County party committee, or to a PAC referenced in this article, without violating Subsection A of this section. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Borough of Oceanport candidates and officeholders with ultimate responsibility for the award of the contract, and all Borough of Oceanport or Monmouth County political parties and PACs referenced in this article combined, without violating Subsection A of this section.
E. 
"Child" shall be defined herein as a child or legally adopted son or daughter under the age of 18 years of age.
F. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Borough of Oceanport Council, if the contract requires approval or appropriation from the Council.
(2) 
The Mayor of the Borough of Oceanport, if the contract requires approval of the Mayor, or a public officer who is responsible for the award of the contract is appointed by the Mayor.

§ 35-2 Contributions made prior to effective date.

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 Mayor or 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 the effective date of this article.

§ 35-3 Contribution statement by professional business entity.

A. 
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, 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 § 35-1 of this article.
B. 
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 the contract. The certification required under this subsection 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.

§ 35-4 Return of excess contributions.

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 § 35-1 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.

§ 35-5 Violations and penalties.

A. 
All Borough of Oceanport professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in § 35-1C to violate § 35-1B or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B. 
Any professional business entity as defined in § 35-1C and D who knowingly fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Borough of Oceanport contracts for a period of four calendar years from the date of violation.
[Adopted 11-6-2008 by Ord. No. 855]

§ 35-6 Short title.

Professional Service Contracts.

§ 35-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PROFESSIONAL SERVICES
For purpose of this article shall mean services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction, apprenticeship and training. See N.J.S.A. 40A:11-2(6). For purposes of this article, however, professional services shall not include professional artistic services as defined in N.J.S.A. 40A:11-2(6). Professional services shall include financial and/or insurance services.

§ 35-8 General provisions.

A. 
The Borough shall award all contracts or agreements for the provision of professional services on the basis of qualification-based, competitive negotiation.
B. 
The Borough shall solicit requests for qualifications ("RFQs") annually.
C. 
The Council may direct the Borough Clerk to solicit RFQs no later than the 15th of November each year.
D. 
Professional service contract RFQs shall be published by the posting of a public notice at least 10 days prior to the awarding of said contract.
E. 
The public notice shall be:
(1) 
Prominently posted in the public place reserved for Sunshine Law[1] notices.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2) 
Mailed, telephoned, faxed, or hand delivered to at least two newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the Borough, one of which shall be the Link News, the official newspaper of the Borough.
(3) 
Posted on the official Borough website: www.oceanportboro.com.
(4) 
Filed with the Borough Clerk.
F. 
The public notice shall, at a minimum, include:
(1) 
A description of the professional services needed, including, where appropriate, a description of tasks involved.
(2) 
Threshold qualification requirements setting the minimum standards for qualifying to compete for the particular services and tasks involved.
(3) 
Notice that the submission requirements and selection criteria are on file and available in the office of the Borough Clerk.
(4) 
Deadline and place for all submissions.
G. 
Standardized submission requirements shall include:
(1) 
Names, qualifications and roles of the individuals who will perform the task and, where appropriate, a description of their experience with projects similar to the matter being advertised.
(2) 
References and, where appropriate, record of success.
(3) 
Description of ability to provide the services in a timely fashion, including staffing familiarity and location of key staff.
(4) 
Cost details, including hourly rates of each individual or group of individuals who will perform services and, where appropriate, estimates of time to be spent on the contract, anticipated expenses and total cost of "not to exceed" amount.
H. 
All submissions shall be kept on file during the term of the related contract and shall be public record upon the opening of all submissions.
I. 
In the event that compliance with part or all of the requirements of this article is impracticable as regards a particular contract or agreement, the Borough Council may waive part or all of the requirements by a majority vote of the full Council together with publication of a resolution setting forth with specificity the reasons such waiver is required.
J. 
All candidates for appointment, having been confirmed by the Council, shall be subject to applicable provisions of state statute regarding the fair or non-fair and open process.
K. 
The Borough reserves the right to disqualify any submission on the basis of a prior negative experience as defined in N.J.S.A. 40A:11-4.