[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-8-2009 by Ord. No. 4230-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
84, Contracts, Public, adopted at the general election held 11-8-2005
by Ord. No. I&R-01-05, as amended.
The purpose of this chapter is to comply with 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 Toms River, 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 Toms River Township committee of a political party, if a member
of that political party is serving in an elective public office of
Toms River 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 Toms River, 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 Toms River 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. When a business entity is other
than a natural person, a contribution by: all principals, partners,
officers, or directors of the business entity or their spouses; any
subsidiaries directly or indirectly controlled by the business entity;
or any political organization organized under Section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business
entity, other than a candidate committee, election fund, or political
party committee, 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 in accordance with § 40-13.
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Township of Toms River shall
require the business entity to which the contract is to be awarded
to provide a written certification that it has not made a contribution
that would bar the award of a contract pursuant to this act. A business
entity shall have a continuing duty to report to the Election Law
Enforcement Commission any contributions that constitute a violation
of this act that are made during the duration of a contract.
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 section, 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 section 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:
[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 section shall be publicly announced
and awarded.
