[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:
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]
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;
Any subsidiaries directly or indirectly controlled
by the business entity;
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
If a business entity is a natural person or
that person's spouse residing therewith.
Any individual seeking election to a public
office of the City of Vineland.
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.
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.
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.
At a minimum that:
[Added 3-28-2006 by Ord. No. 2006-20]
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;
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
The proposal is publicly opened and announced
when awarded.
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.
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]
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).
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]
Made or solicited a contribution contrary to
the terms of this article;
Knowingly conceals or misrepresents a contribution
given or received;
Makes or solicits contributions through intermediaries
for the purpose of concealing and misrepresenting the source of the
contribution;
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;
Fund contributions made by third parties, including
consultants, family members or employees; and
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:
[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:
[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:
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.
