[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
Administration of government — See Ch. 20.
[Adopted 10-19-2005 by Ord. No. 2005-35]
It is the purpose of this article that, notwithstanding that professional services contracts and certain other contracts for goods and services are exempt from the competitive bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Mayor and Township Council deem it appropriate, and consistent with the provisions of recently enacted New Jersey legislation, now codified at N.J.S.A. 19:44A-20.1 et seq., to henceforth award such contracts through a competitive, quality-based, fair and open process.
[Amended 11-25-2008 by Ord. No. 2008-10]
Prohibition awarding certain public contracts; definitions.
Any other provision of the law to the contrary notwithstanding, the Township, or any agency or instrumentality thereof, shall not enter into a contract having an anticipated value in excess of $15,000, as determined in advance and certified in writing by the Township, agency or instrumentality, with a business entity that has made a political contribution that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq. to any municipal committee of a political party in that municipality 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.
A business entity that has entered into a contract having an anticipated value in excess of $15,000 with the Township 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 N.J.S.A. 19:44A-1 et seq. to any municipal committee of a political party in the Township if a member of that political party is serving in an elective public office of the Township when the contract is awarded or to any candidate committee of any person serving in an elective public office of the Township when the contract is awarded, during the term of that contract.
When evaluating whether or not a person or business entity has made a contribution, the following will be considered:
If made by a natural person, a contribution by that person's spouse or child shall be deemed to be a contribution by that person;
If made by a business entity, a contribution by any person or other business entity having an interest in said business entity shall be deemed to be a contribution by the business entity.
When using the terms "business entity" and "interest," the following definitions shall be utilized:
- BUSINESS ENTITY
- Any natural or legal person, business corporation, professional services corporation, limited-liability company, partnership, limited partnership, business trust, association or any legal commercial entity organized under the laws of this state or any other state or foreign jurisdiction.
- The ownership or control of more than 1% of the stock, assets or profits of any publicly held company and any percentage interest of a privately held or closed corporation.
Fair and open process.
Any professional service entity or other business entity providing services to the Township of Delran shall be subject to a fair and open process. That fair and open process shall be set forth in Subsection B(2) below, which shall establish a criteria for the fair and open process.
The fair and open process established by the Township of Delran shall require the following:
Any professional position or service contract not subject to bidding that shall expire as of December 31 of that calendar year shall be advertised by the Mayor's office, appointing authority or board, as the case may be, in the official newspaper of the Township of Delran for publication of notices, and published on the Township's website, not later than December 10. The published notice shall set forth the name of the position or contract which is to become open and shall set forth the criteria to be considered and materials required to be submitted by the applicant.
[Amended 11-23-2010 by Ord. No. 2010-24]
Should the applicant be a professional requiring licensure in the State of New Jersey, said applicant shall be licensed for a period not less than three years.
The applicant shall submit a certificate of good standing or other similar document evidencing that the professional's license is not presently suspended or revoked.
The applicant shall submit a resume which shall set forth information including but not limited to the following (as applicable to a business entity or individual professional):
Full name and business address;
A listing of all post high school education of the applicant;
Dates of licensure in the State of New Jersey and any other state;
A listing of any professional affiliations or memberships in any professional societies or organizations, with an indication as to any offices held therein;
The number of licensed professionals employed by or affiliated with the business entity or the business entity which employs the applicant;
A listing of all special accreditations held by the individual licensed professional or business entity;
A listing of all previous or current public entities served by the business entity or licensed professional, indicating the dates of services and position held.
The Mayor, appointing authority or board shall thereafter select the professional or business entity for the position so advertised, which shall thereafter be confirmed or approved as required by law or ordinance.
Limitations of certain contributors.
Notwithstanding the above establishing a fair and open process, the municipality, any of its boards or independent authorities shall not enter into an agreement or otherwise contract to procure professional, banking or insurance coverage services or any other consulting services from any business entity if said business entity has made any contribution of money or a pledge of a contribution, including in-kind contribution, to any Delran Township candidate or holder of a public office having ultimate responsibility to award a contract, or to a campaign committee supporting such candidate or office holder, or to any Delran Township party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections or municipal parties in excess of the thresholds specified in Subsection C(2) below within one calendar year immediately preceding the date of the contract or agreement.
Any business entity may annually contribute a maximum of $300 each for any purpose to any candidate for Mayor or Council, or any other elected office that serves the citizens or Delran Township, and $300 to the Delran Township party committee and $500 to the County of Burlington party committees, or to a PAC referenced in this article, without violating Subsection C(1) above. However, any group of individuals meeting the definition of a business entity under this section, including principals, partners and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Delran Township candidates and office holders with ultimate responsibility for the award of the contract, and all Delran Township political parties and PAC's referenced in this article combined, without violating Subsection C(1).
For the purpose of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
The Township Council, if the contract requires approval or appropriation from the Council; or
The Mayor of Delran Township, if the contract requires approval of the Mayor or if a public officer who is responsible for the award of the contract is appointed by the Mayor; or
The Planning Board or Zoning Board if the contract requires approval or appropriation by the Board, since the Council would be required to approve an appropriation, and the Mayor appoints members of said Boards.
It shall be deemed a breach of the terms of the Delran Township professional services agreement for a business entity to make or solicit a contribution in violation of this article, directly or indirectly through any third parties, intermediaries, or lobbyists. Any business entity found to violate this article shall be disqualified from being awarded any Delran Township contract, from the date that the violation is discovered.
It shall be the obligation of each business entity executing a public services agreement, that an authorized representative of said business entity sign a certification representing that the individual or business entity, as defined by this article, has not made a contribution in violation of this article. This provision is enacted so as to make the business entity responsible to the Township for such disclosure.
Due process hearing. Should it be determined that a violation of this article has occurred, the person or business entity as defined herein shall receive written notice of the violation as provided under § 1-6A of Chapter 1, General Provisions, of the Delran Township Code. However, should the violator request a hearing as provided under Chapter 1, the hearing officer, as provided under § 1-6D and E, shall be a retired Judge of the Superior Court of the State of New Jersey, designated by the Township Council.
Contributions made prior to effective date. Nothing in this article shall be constructed as affecting the ability of any business entity to perform a public contract if that entity made a contribution to any committee during a period of one year immediately preceding the effective date of this article.
A Departmental Review Committee shall be established by the Township Administrator, consisting of not less than two persons (which may included the Administrator) to prepare, process and evaluate any RFQ and/or RFP issued pursuant to the professional services contracting procedures set forth above. Each Departmental Review Committee must prepare, prior to a request for proposals, a written cost estimate in order to allow for proper evaluation of the fee aspect of proposals. Moreover, said Committee shall evaluate the respective qualifications and/or proposals, taking into consideration the designated qualifications and/or performance criteria, experience, reputation of vendor, quality of services, quoted fee and other relevant factors in making a recommendation of award to the Township Administrator, Mayor and Township Council; and the Township Administrator may, in his/her sole discretion, conduct negotiations with qualified vendors after receipt of proposals, in order to achieve the best possible contract terms and conditions for the Township and its taxpayers. No contract shall be awarded, however, unless same is authorized by resolution duly adopted in public session by the Township Council.
Notwithstanding the foregoing, the Township 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 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 Township Council with regard to same. No such emergency contracts, however, may be awarded without submission to the Township Clerk of a certification establishing a basis for the deviation from the procedures outlined herein.
Editor's Note: See N.J.S.A. 40A:11-1 et seq.