[HISTORY: Adopted by the Board of Commissioners
of the Township of Haddon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-22-2008 by Ord. No. 1208]
The following standards and criteria are hereby
adopted and shall be made applicable to all contracts awarded and/or
confirmed by the Board of Commissioners and all boards, authorities,
and committees appointed, either through the authority of statute
or ordinance, by the Board of Commissioners unless a specific contrary
intention is expressed in an individual case by the Mayor and Commissioners.
A.
Purpose and intent. Although 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 Commissioners 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, unless a specific determination to the contrary is made
by the Board of Commissioners.
B.
Process for award of professional service and other
"no bid" contracts. The Township of Haddon, or any agency instrumentality
thereof, shall not enter into a contract, including a professional
services contract, or such other contract which is exempt from public
bidding requirements, having a anticipated value in excess of $17,500
as determined by the Township of Haddon or an agency instrumentality,
with a business entity, except through 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 N.J.S.A. 19:44A-1 et seq., to any municipal
committee of a political party if a member of that political party
is in office as a member of the Board of Commissioners when the contract
is awarded or to any public candidate committee of any person serving
in an elected public office of the Township of Haddon when the contract
is awarded. The fair and open process shall be quality-based, and
shall be as follows:
(1)
Professional services may be awarded by virtue of
publicly advertised requests 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 Township Attorney,
Township Engineer, Township Planner, Planning Board Attorney, Planning
Board Engineer, Zoning Board Attorney, Zoning Board Engineer, and
such other statutory and/or ordinance public positions.
(2)
For said positions, no contract shall be awarded unless
and until the positions are:
(a)
Publicly advertised in the newspapers or on
the Internet website maintained by the Township in sufficient time
to give notice in advance of the solicitation for the contracts;
(b)
Awarded under a process that provides for public
solicitation of proposals and qualifications, including the following:
[1]
Experience and reputation in field.
[2]
Knowledge of the subject matter of the services
to be provided to the Township.
[3]
Knowledge of the Township, its affairs and operations.
[4]
Availability to accommodate any required meetings
of the Township.
[5]
Compensation proposal.
[6]
Compliance with the minimum qualifications established
by the Township for the position.
[7]
Other factors determined to be in the best interest
of the Township.
(c)
Awarded and disclosed under criteria established
in writing by the Township of Haddon prior to the solicitation or
proposals or qualifications as set forth in this article.
(d)
Publicly announced when awarded; and as to those
RFPs which prove to be unsuccessful, the Township Clerk shall retain
a copy of same on file for a period of not less than 60 days.
(3)
For contracts which arise on an occasional basis,
such as appraisals needed for the acquisition of land and/or open
space, as well as title searches, surveying, and similar work associated
with same; and comparable assignments, such as planning services needed
for Master Plan updates, appraisals, special counsel, special project
engineer contracts, etc., professional services contracts may be awarded
without following the foregoing provisions, so long as:
C.
Contribution statement by professional business entity.
(1)
Prior to awarding any contract or agreement to procure
services, including banking or insurance coverage services, with any
professional business entity, the Township 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 offer or has not made contributions in violation
of this article.
(2)
The professional business entity shall have a continuing
duty to report any violations of this article that may occur during
the negotiations or duration of a contract. The certification required
under this subsection shall be made prior to entry into the contract
or agreement with the Township and shall be in addition to any other
certifications that may be required by any other provision of law.
D.
Contracts issued without the use of the RFP process.
(1)
In circumstances where the Board of Commissioners
determines that the use of the RFP is not appropriate, such as, but
not limited to, contracts with other government agencies, and agreements
with public utilities, the Township Clerk shall use his/her best efforts
to obtain two quotations for the work and shall require the contractor
to fully comply with the provisions of N.J.S.A. et seq., N.J.S.A.
19:44A-22, and related statutes.
(2)
No business entity which enters into negotiations
for, or agrees to, any contract or agreement with the Township of
Haddon or any department or agency thereof, or of its independent
authorities, for the rendition of professional, banking or insurance
coverage services, or any other consulting services, shall solicit
or make any other contributions of money, or pledge a contribution,
including in-kind contributions, to any Township of Haddon municipal
candidate or holder of the public office having ultimate responsibility
for the award of the contract, or campaign committee supporting such
candidate of officeholder, or to any Township of Haddon party committee
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.
E.
Emergency exceptions. Notwithstanding the foregoing,
the Board of Commissioners recognizes that the New Jersey Legislature
has provided for certain emergencies, and further recognizes that
the procedure outlined above might not be capable of being achieved
in the event of an emergency or other time constraints. Thus, should
a situation arise, and time does not permit resort to this procedure,
and the immediate performance of services in 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 Board
of Commissioners with regard to same. No such emergency contracts,
however, may be awarded without a resolution establishing a basis
for the deviation from the procedures outlined herein.
A.
Definitions. 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. 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.
B.
Maximum contributions. Any individual meeting the definition of a professional business entity under this section may annually contribute a maximum of $300 each for any purpose to any candidate for office, or $300 to the Township of Haddon party, or $300 to the Camden 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 a 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 Township of Haddon candidates and officeholders with ultimate responsibility for the award of the contract, and all Township of Haddon or Camden County political parties and PACs referenced in this article combined, without violating Subsection A of this section. For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be the Township of Haddon Commissioners.
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 office, or municipal
or county party committee or PAC referenced in this article shall
be deemed a violation of this article, 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.
A professional business entity or Township candidate or officeholder or municipal or county party committee or PAC referenced in this article may cure a violation of § 97-2 of this article, if, within 30 days after the date on which the applicable ELEC report is published, the professional business entity notifies the Board of Commissioners in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or county political party or PAC referenced in this article.
A.
Scope. It shall be a breach of the terms of the Township
of Haddon professional service agreement for a business entity to:
(1)
Make or solicit a contribution in violation of this
article;
(2)
Knowingly conceal or misrepresent a contribution given
or received;
(3)
Make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution;
(4)
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 the public office of the Township of
Haddon;
(5)
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)
Fund contributions made by third parties, including
consultants, attorneys, family members, and employees;
(7)
Engage in any exchange of contributions to circumvent
the intent of this article; or
(8)
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.
[Adopted 7-22-2008 by Ord. No. 1211]
The policy of the Township of Haddon will be
to create such a regulation which states that any entity or individual
seeking to enter into a redevelopment agreement or amendment thereto
or otherwise seeking to obtain rights to develop pursuant to a redevelopment
agreement, who makes political contributions to the Township of Haddon
elected officials and local and county political committees, will
be ineligible to receive such agreements or rights from the municipality.
A.
Any other provision of law to the contrary notwithstanding,
the municipality, or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into an agreement amend an agreement, or otherwise contract with any
redeveloper for the planning, replanning, construction or undertaking
of any redevelopment project, including the acquisition or leasing
of any public property in conjunction with the redevelopment of any
area within the Township pursuant to the Local Redevelopment and Housing
Law, if that redeveloper has made any contribution of money or pledge
of a contribution, including in-kind contributions, during the applicable
time period as specified below to a campaign committee of any municipal
candidate or holder of public office within the Township having responsibility
for arranging, entering into, or approving the redevelopment agreement,
or for appointing those who enter into the agreement on behalf of
the Township; or to any municipal political campaign committee, or
to any county party committee, or to any political action committee
which regularly engages in the support of municipal elections and/or
municipal parties or which engages in the support of municipal campaigns
(PAC). For purposes of this section, the "applicable time period"
shall be defined as the time period between the date that the property
which is the subject of the redevelopment project has been included
in a memorializing resolution adopted by the governing body directing
the Planning Board to conduct a preliminary investigation to determine
if the site is in need of redevelopment pursuant to and in accordance
with the New Jersey Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq., and the date of entering into the redevelopment
agreement.
B.
All redevelopment agreements or amendments thereto entered into by the Township shall contain a provision prohibiting redevelopers as defined in Subsection C to solicit or make any contribution of money or pledge of a contribution, including in-kind contributions, to any Township of Haddon candidate or holder of public office within the Township having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the Township or to any Township of Haddon political campaign committee, or to any Township of Haddon or Camden County party committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of the Township of Haddon municipal campaigns (PAC), between the time of first communication between that redeveloper and the municipality regarding a redevelopment project and the later of the termination of negotiations or the completion of all matters specified in the redevelopment agreement.
C.
As defined in N.J.S.A. 40A:12A-3, "redeveloper" means
any person, firm, corporation or public body that shall enter into
or propose to enter into a contract with a municipality or other redevelopment
entity for the redevelopment or rehabilitation of an area in need
of redevelopment, or an area in need of rehabilitation, or any part
thereof, under the provisions of this article, or for any construction
or other work forming part of a redevelopment or rehabilitation project.
For the purposes of this article, the definition of a "redeveloper"
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 provider as well as any affiliates or subsidiaries directly
controlled by the redeveloper. Spouses and adult children at home
shall also be included.
No contribution of money or any other thing
of value, including in-kind contributions, made by a redeveloper to
any Township of Haddon candidate for Commissioner, or the Township
of Haddon political campaign committee shall be deemed a violation
of this article nor shall an agreement for redevelopment projects
of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this article.
It shall be the municipality's continuing responsibility to give notice of this article when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a resolution directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan. Prior to arranging and entering into the redevelopment agreement with any redeveloper, the municipality, or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of § 97-8A above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this article that may occur while arranging and entering into the redevelopment agreement and until all specified terms of the agreement have been completed. The certification required under this section shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
A.
The contribution and disclosure requirements in this
article shall apply to all redevelopers as well as professionals,
consultants or lobbyists contracted or employed by the business entity
ultimately designated as the redeveloper to provide services related
to:
(1)
Lobbying government officials in connection with the
examination of an area and its designation as an area in need of redevelopment
or in connection with the preparation, consultation and adoption of
the redevelopment plan;
(2)
Obtaining the designation or appointment as redeveloper;
(3)
Negotiating the terms of a redevelopment agreement
or any amendments or modifications thereto; and
(4)
Performing the terms of a redevelopment agreement.
B.
It shall be a breach of the consultant's contract,
and shall require immediate termination, for a consultant to violate
the contribution limits and disclosure requirements in this article.
C.
A redeveloper who participates in, or facilitates,
the circumvention of the contribution restrictions through consultants
or professionals shall be deemed to be in breach.
A redeveloper or municipal candidate or officeholder or municipal or county party committee or PAC referenced in this article may cure a violation of § 97-8, if, within 30 days after the date on which the applicable ELEC report is published, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or county political party or PAC referenced in this article.
A.
It shall be a breach of the terms of the Township
of Haddon redevelopment agreement for a redeveloper to:
(1)
Make or solicit a contribution in violation of this
article;
(2)
Knowingly conceal or misrepresent a contribution given
or received;
(3)
Make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution;
(4)
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 the public office of the Township of
Haddon;
(5)
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 redeveloper
itself, would subject that entity to the restrictions of this article;
(6)
Fund contributions made by third parties, including
consultants, attorneys, family members, and employees;
(7)
Engage in any exchange of contributions to circumvent
the intent of this article; or
(8)
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.
