City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-8-2005 by Ord. No. 2005-7[1] (Ch. 99, Art. I, of the 1990 Code)]
[1]
Editor's Note: Ord. No. 2006-20, adopted 3-28-2006, stated: "Ordinance 2005-7, as amended, shall be changed and hereinafter referred as An Ordinance Restricting and Controlling the Award of Professional Service Agreements and other Contracts without Competitive Bidding."
As used in this article, the following terms shall have the meanings indicated:
BUSINESS ENTITY
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 any other state or foreign jurisdiction. The definition of a business entity includes:
[Added 3-28-2006 by Ord. No. 2006-20]
A. 
All principals who own or control 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;
B. 
Any subsidiaries directly or indirectly controlled by the business entity;
C. 
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; and
D. 
If a business entity is a natural person or that person's spouse residing therewith.
A. 
Any individual seeking election to a public office of the City of Vineland.
B. 
An individual who shall have been elected or failed election to an office for which he sought election and who receives contributions and makes expenditures for purposes of furthering his election campaign.
C. 
An individual who has received funds or other benefits or has made payments solely for the purposes of determining whether the individual should become a candidate as defined herein. "Candidate" shall also mean any group of candidates for office of the City of Vineland who have petitioned the Municipal Clerk to designate them as running mates pursuant to N.J.S.A. 40:45-10. Any contribution to one member of the group shall represent a contribution to all of the group members individually.
CONTRIBUTIONS
All loans and transfers of money or other thing of value, excluding personal services other than paid personal services, to or by any candidate's committee, political committee, political party committee and all pledges or other commitments or assumptions of liability to make any such transfer for purposes of promoting a candidate for election to public office of the Mayor or City Councilperson in the City of Vineland. For purposes of this article, all pledges or other commitments or assumptions of liability to make any such transfer for purposes of promoting a candidate shall be deemed to have been made upon the date when such commitment is made or liability assumed.
FAIR AND OPEN PROCESS
At a minimum that:
[Added 3-28-2006 by Ord. No. 2006-20]
A. 
The contract or agreement shall be publicly advertised in the official newspaper of the City of Vineland or on the Internet website maintained by the City of Vineland in sufficient time to give notice in advance of the contracts or agreement;
B. 
The contract or agreement is awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the City of Vineland prior to the solicitation of proposals or qualifications; and
C. 
The proposal is publicly opened and announced when awarded.
POLITICAL ACTION COMMITTEE
Any PAC that is organized for the primary purpose of promoting or supporting City of Vineland municipal candidates or municipal office holders within four calendar years immediately preceding the date of the contract or agreement.
PROFESSIONAL BUSINESS ENTITY
A business entity, as defined herein, that provides services by individuals who are required to be professionally licensed under the laws or regulations of the State of New Jersey.
[Amended 3-28-2006 by Ord. No. 2006-20]
PROFESSIONAL SERVICES AGREEMENT
An agreement or contract with the City of Vineland to procure services or any material or equipment from or for the acquisition, sale or lease of any land or building from or to any professional business entity without competitive bidding as an exception to the Local Public Contract Law, N.J.S.A. 40A:11-5(1)(a)(i) and 40A:11-5(1)(a)(ii).
VIOLATIONS
Shall exist where a professional business entity receiving a professional service agreement or a business entity receiving a contract in excess of $17,500, except a contract that is awarded pursuant to a fair and open process as defined herein:
[Amended 3-28-2006 by Ord. No. 2006-20]
A. 
Made or solicited a contribution contrary to the terms of this article;
B. 
Knowingly conceals or misrepresents a contribution given or received;
C. 
Makes or solicits contributions through intermediaries for the purpose of concealing and misrepresenting the source of the contribution;
D. 
Makes or solicits any contribution on the condition or with the agreement that it will be contributed to a campaign or campaign committee of any candidate or holder of any elected office of the City of Vineland;
E. 
Fund contributions made by third parties, including consultants, family members or employees; and
F. 
Engages in any exchange of contribution to circumvent the intent of this article.
A. 
Any other provision of law to the contrary notwithstanding, the City of Vineland, or any of its purchasing agents or agencies, as the case may be, shall not enter into an agreement for professional services, or otherwise contract to procure services, including banking services/relationships or insurance coverage services, without competitive bidding (collectively, "professional services agreement"), from any professional business entity, where the aggregate value of the transaction exceeds $17,500, if that entity has solicited or made any contribution to a campaign committee of or to any individual candidate or holder of public office for the government of the City of Vineland having ultimate responsibility for the award of the contract or any City of Vineland party committee or to any PAC that is organized for the primary purpose of promoting or supporting the City of Vineland municipal officeholders within four calendar years immediately preceding the date of the contract or agreement.
[Amended 8-22-2017 by Ord. No. 2017-58]
B. 
No professional entity which enters into any professional services agreement with the City of Vineland, or any department thereof, or the rendition of professional services or any other service contract, including services/relationships or insurance coverage services, without competitive bidding (collectively, "professional services agreement"), where the aggregate value of the transaction exceeds $17,500, shall knowingly solicit or make any contribution of money or pledge of a contribution, including in-kind contribution, to any City of Vineland candidate or holder of the public office of the government of the City of Vineland having ultimate responsibility for the award of the contract, or to any City of Vineland party committee, or to any PAC that is organized for the primary purpose of promoting or supporting City of Vineland municipal candidates or municipal officeholders prior to the completion of the contract or agreement.
[Amended 8-22-2017 by Ord. No. 2017-58]
C. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The City Council of the City of Vineland, if the contract requires approval or appropriation from the Council.
(2) 
The Mayor of the City of Vineland, if the contract requires approval of the Mayor or if a public officer who is responsible for the award of a contract is appointed by the Mayor.
[Added 3-28-2006 by Ord. No. 2006-20]
A. 
Any other provisions of the law to the contrary notwithstanding, the City of Vineland or any of its purchasing agents or agencies, as the case may be, shall not enter into an agreement or contract with a business entity for goods, services or equipment or to sell property where the aggregate value of the transaction exceeds $17,500, except a contract that is awarded pursuant to a fair and open process, as defined herein, if that business entity has solicited or made a contribution to a campaign committee of or to any individual candidate or holder of public office for the government of the City of Vineland having ultimate responsibility for the award of the contract or any City of Vineland party committee or to any PAC that is organized for the primary purpose of promoting or supporting the City of Vineland municipal office holders within four calendar years immediately preceding the date of the contract or agreement award.
B. 
No business entity which enters into any agreement for goods, services or equipment or to sell property where the aggregate value of the transaction exceeds $17,500, except a contract that is awarded pursuant to a fair and open process, as defined herein, shall knowingly solicit or make any contribution of money or pledge of a contribution including in-kind contribution to any City of Vineland candidate or holder of the public office of the government of the City of Vineland having ultimate responsibility for the award of the contract or to any City of Vineland party committee or to any PAC that is organized for the primary purpose of promoting or supporting City of Vineland municipal candidates or municipal office holders prior to the completion of the contract or agreement.
C. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The City Council of the City of Vineland, if the contract requires approval or appropriation from the Council.
(2) 
The Mayor of the City of Vineland, if the contract requires approval of the Mayor or if a public officer who is responsible for the award of a contract is appointed by the Mayor.
[Amended 3-28-2006 by Ord. No. 2006-20]
No contributions made by a professional business entity or any business entity to any municipal candidate for Mayor or Council or municipal 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 or business entity prior to January 1, 2006.
[Amended 3-28-2006 by Ord. No. 2006-20]
A. 
Prior to awarding any professional service agreement or any contract or agreement for goods, services or equipment or to sell property in which the aggregate value of the transaction exceeds $17,500, except a contract that is awarded pursuant to a fair and open process, as defined herein, including banking or insurance coverage service with any professional business entity or business entity, the City of Vineland or any of its purchasing agents, as the case may be, shall require the professional business entity or business entity to provide a written certification indicating the following:
(1) 
That it has not made a contribution as defined herein.
(2) 
If a contribution has been made:
(a) 
Provide the person, persons, campaign committee or political action committee to whom such contribution was made.
(b) 
Provide the date such contribution was made.
(c) 
Provide the amount of each contribution so made.
(3) 
The reason or reasons that such a contribution would not prohibit this award of the professional service agreement or contract in which the aggregate value of the transaction exceeds $17,500 pursuant to this article.
B. 
The professional business entity or business entity shall acknowledge by certification that it has a continuing duty to report any contribution that occurs during the term of the professional service agreement or contract. The certification required under this subsection shall be made prior to the execution of the professional service agreement or contract with the City of Vineland and shall be in addition to any other certifications that may be required by any other provision of the laws of the State of New Jersey.
[Amended 3-28-2006 by Ord. No. 2006-20]
A. 
All City of Vineland professional services agreements and/or contracts shall provide that a violation of this article shall be an event of default and breach of the terms of any contract. This subsection shall not apply to contracts or agreements with business entities where the anticipated value is less than $17,500 or which were awarded pursuant to a fair and open process, as defined herein.
B. 
Any professional business entity or business entity who knowingly fails to reveal a contribution made in violation of this article or otherwise commits a violation, as defined herein, shall be disqualified from eligibility for future City of Vineland contracts for a period of four calendar years from the date of the violation.
[Amended 3-28-2006 by Ord. No. 2006-20]
A. 
This article shall not prohibit the awarding of a professional services agreement or other contract or agreement contrary to the terms of the article where there shall exist an emergency which requires the immediate delivery of goods or the performance of services. Pursuant to N.J.S.A. 40A:11-6, no contract shall be entered into on an emergent basis unless the circumstances meet all of the following requirements:
(1) 
An actual or imminent emergency must exist requiring the immediate delivery of the article or the performance of the service;
(2) 
The emergency condition must affect the public health, safety or welfare and require the immediate delivery of the article or the performance of the service to alleviate such effect;
(3) 
The emergency purchasing procedures may not be used unless the need for the articles or services could not have been reasonably foreseen or the need for such articles or services has arisen notwithstanding a good faith effort on the part of the contracting unit to plan for the purchase of any articles or services required by the contracting unit;
(4) 
The contract shall be of such limited duration as to meet only the immediate needs of the emergency; and
(5) 
Under no circumstances shall the emergency purchasing procedure be used to enter into a multiyear contract.
B. 
Notwithstanding anything herein to the contrary, this article shall not prohibit the award of a professional service agreement without competitive bidding or other contract or agreement to a business entity without competitive bidding to a professional business entity or business entity who has made a contribution to the campaign of a candidate for the Office of Mayor or City Council who has, by popular vote of the registered voters of the City of Vineland, lost the election for which the contribution was made, subject to the definition of candidate hereinabove.