[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-11-1999.
Amendments noted where applicable.]
For the purpose of this chapter the following words and phrases shall
have the meaning respectively ascribed to them by this section:
With respect to any person any other persons directly or controlling,
controlled by, or under common control with such person whether through the
ownership of voting securities, by contract or otherwise.
One or more individuals, partnerships, corporations, limited liability
companies, associations, joint ventures, limited liability partnerships or
other entity created for the transaction of business.
Any agreement or formal commitment entered into by the Town of Orange
to expend funds in return for work, labor, services, supplies, equipment,
materials or any combination of the foregoing or any lease, lease by way of
concession, concession agreements, permit, license or permanent agreement
whereby the town leases, grants or demises property belonging to the Town
of Orange or otherwise grants a right or privilege to occupy or use said property
of the Town of Orange.
Any official, agency, board, authority, department, office or other
subdivision of the Town of Orange.
No public contract shall be awarded to or entered into by the town with
any person or an affiliate of such person through or which:
A.
Has delinquent taxes or other financial obligations owed
to the town except where such person has entered into an agreement with the
town satisfactory to the Tax Collector to pay delinquent taxes in installment
payments and the payments under such agreement are not in default;
B.
Is in default, or has within the immediately preceding
two years defaulted, in the performance of any covenants, agreements, conditions
or obligations under any public contract with the town;
C.
Instituted and maintained within the immediate preceding
two years, any action against the town seeking monetary damages other than
for reimbursement of the overpayment of taxes or assessments or for bodily
injury or property damage arising from a claim of negligence by the town;
or
D.
Been cited three or more times or been fined or enjoined
by a court of competent jurisdiction for violation of any ordinances or regulations
of the Town of Orange including, without limitation, zoning regulations and
inland/wetland regulations of the Town of Orange within the immediately preceding
two years.
All invitations to bid for public contracts shall include an affidavit
to be signed and sworn to by the bidder and any of the bidder's affiliates
are not and have not:
A.
Delinquent in taxes or other financial obligations owed
to the town except where such person has entered into an agreement satisfactory
to the Tax Collector to pay delinquent taxes in installment payments and the
payments under such agreement are not in default;
B.
In default, or within the immediately preceding two years,
have defaulted, in the performance of any covenants, agreements, conditions
or obligations under any public contract with the town;
C.
Instituted and maintained within the immediate preceding
two years, any action against the town seeking monetary damages other than
for reimbursement of the overpayment of taxes or assessments or for bodily
injury or property damage arising from a claim of negligence by the town;
or
D.
Been cited three or more times or been fined or enjoined
by a court of competent jurisdiction for violation of any ordinances or regulations
of the Town of Orange including, without limitation, zoning regulations and
inland/wetland regulations of the Town of Orange[1] within the immediately preceding two years.
Each public contract shall contain representations of the person, party
to said contract with the town, that such person and its affiliates are not
and have not:
A.
Delinquent in taxes or other financial obligations owed
to the town except where such person has entered into an agreement satisfactory
to the Tax Collector to pay delinquent taxes in installment payments and the
payments under such agreement are not in default;
B.
In default or, within the immediately preceding two years,
has defaulted in the performance of any covenants, agreements, conditions
or obligations under any public contract with the town;
C.
Instituted and maintained within the immediately preceding
two years, any action against the town seeking monetary damages other than
for reimbursement of the overpayment of taxes or assessments or for bodily
injury or property damage arising from a claim of negligence by the town;
or
D.
Been cited three or more times or been fined or enjoined
by a court of competent jurisdiction for violation of any ordinances or regulations
of the Town of Orange including, without limitation, zoning regulations and
inland/wetland regulations of the Town of Orange within the immediately preceding
two years.
No public contract shall be entered into with any person found to have filed a false affidavit under § 199-3 or whose representations in any public contract under § 199-4 are false or misleading in any material respect for a period of 10 years after the making of such affidavit or the entering of such public contract.
A.
Any person seeking to enter into a public contract with
the town shall for each such contract disclose all names under which such
person and its affiliates have provided labor, services, supplies, equipment,
materials or any combination thereof to the town.
B.
Any person seeking to enter into a public contract with
the town shall disclose:
(1)
The names of all persons affiliated with the business
of such persons;
(2)
The name of all persons in which such person has an ownership
interest;
(3)
The names of persons which hold an ownership interest
in such person; and
(4)
If such person or any of its affiliates own or have owned
within one year prior to the date of disclosure required by this section taxable
property situated in the town.
C.
Any person doing business under a tradename shall deliver
a copy of the Tradename Certificate filed on behalf of such person duly certified
by the Town Clerk of the municipality in which such person maintains its principal
place of business.
Notwithstanding the provision of this chapter, the town may enter into
a public contract with any person or persons who would otherwise be prohibited
from entering into a public contract with the town as a result of being delinquent
in taxes and/or fines pursuant to the provisions of this chapter; they may
be awarded a public contract provided the notice of award and the entering
of such public contract shall be conditioned upon the payment by such person
or persons of all delinquent taxes and/or fines by cash, certified check or
bank check within five business days of the notice of award of such public
contract.
