[HISTORY: Adopted by the Mayor and Council of the Borough
of Ridgefield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-26-2015 by Ord. No. 2278[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 20,
Art. I, Pay to Play, adopted 10-11-2011 by Ord. No. 2186.
A.
To the extent that it is not inconsistent with state or federal law, the Borough of Ridgefield and any of its purchasing agents or departments or instrumentalities of the municipality thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity or vendor, having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the Borough of Ridgefield, with a business entity, except a contract that is awarded pursuant to a fair and open process referenced in § 20-7 of this chapter, if such professional business entity or vendor has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to a campaign committee of any municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or to any Borough of Ridgefield or county party committee, or to any candidate committee, political action committee (PAC) or continuing political committee (CPC) that engages in, or whose primary purposes is the support of municipal or county elections and/or municipal or county parties in excess of the thresholds specified in Subsection D within two calendar years immediately preceding the date of the contract or agreement.
B.
No professional business entity or vendor who submits a proposal
for, enters into negotiations for, or agrees to any contract or agreement
(including nonemergency contracts awarded by 40A:11-1 et seq.[1]) having an anticipated value in excess of $17,500 with the Borough of Ridgefield or any departments thereof, except a contract that is awarded pursuant to a fair and open process referenced in § 20-7 of this chapter, for the rendition of professional services or goods and services, as the case may be, shall knowingly solicit or make any contribution of money, pledge of contribution, including in-kind contributions to:
(1)
Any municipal candidate or holder of public office having ultimate
responsibility for the award of a contract; or
(2)
Any Borough of Ridgefield or county party committee; or
(3)
Any candidate committee, PAC or CPC that regularly engages in, or whose primary purpose is the support of, municipal or county elections and/or municipal or county parties, in excess of the thresholds specified in Subsection D, between the time of first communication between the professional business entity or vendor and the municipality regarding a specific professional services agreement or goods and services agreement, as the case may be, and the later of the termination of negotiations or rejection of any proposal, or the completion of the contract or agreement.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C.
For purposes of this article, a "professional business entity" and
a "vendor" seeking a public contract shall mean an individual, including
the individual's spouse, if any, and any child living at home, person,
firm, corporation, professional corporation, partnership, or organization,
or association. The definition of a "business entity" and "vendor"
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 or vendor, as well as any subsidiaries directly controlled
by the business entity or vendor. In addition, contributions made
by a professional business entity and/or vendor to a joint candidate
committee shall be deemed to be allocated equally among the number
of candidates represented by the joint candidate committee.
D.
Any individual meeting the definition of "professional business entity" and a "vendor" under this section may make an aggregate maximum contribution of up to $200 per candidate per election cycle for any purpose to any candidate for mayor or governing body, or $200 aggregate per year to the Borough of Ridgefield party committee, or $200 aggregate per year to the county party committee or to a PAC or candidate committee or CPC referenced in this article without violating Subsection A or B of this section. However, any group of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officers of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of $2,000 to all Borough of Ridgefield candidates and office holders with ultimate responsibility for the award of the contract, and all Borough of Ridgefield or county political parties, candidate committee, PACs and CPCs referenced in this article combined, without violating Subsection A or B of this section.
[Amended 11-27-2023 by Ord. No. 2472]
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(1)
The Borough of Ridgefield Mayor or governing body, if the contract
requires approval or appropriation from the Mayor or governing body.
(2)
The Mayor of the Borough of Ridgefield, 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.
No contribution of money or any other thing of value, including
in-kind contribution, made by a professional business entity or vendor
to any Borough of Ridgefield candidate for Mayor or governing body,
or Borough of Ridgefield or county party committee, candidate committee,
PAC or CPC 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 or vendor prior to the
effective date of this article. For purposes of applying any of the
provisions of this article, the effective date of the article is deemed
to be May 29, 2015.
A.
Prior to awarding any contract or agreement to procure services from any professional business entity and any contract or agreement to procure goods and services from a vendor, the Borough of Ridgefield or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offer or has not made a contribution in violation of § 20-1 of this article.
B.
The professional business entity and vendor shall have a continuing
duty to report any violations of this article that may occur during
the negotiation, proposal process or duration of a contract. The certification
required under this section shall be made prior to entry into the
contract or agreement with the Borough of Ridgefield, or prior to
the provision of services or goods, as the case may be, and shall
be in addition to any other certification that may be required by
any other provision of law.
A professional business entity, vendor, or municipal candidate or office holder, or Borough of Ridgefield or county party committee, candidate committee, PAC or CPC referenced in this article, may cure a violation of § 20-1 of this article if, within 30 days after the election immediately succeeding the date of the professional business entity's or vendor's discovered excess contribution, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or office holder, Borough of Ridgefield or county political party, candidate committee, PAC or CPC referenced in this article.
A.
It shall be a breach of the terms of the Borough of Ridgefield professional
service agreement or agreement for goods or services 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 contribution 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 Borough of Ridgefield;
(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 or 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 restriction of this
article.
The Borough of Ridgefield and any of its purchasing agents or
departments or instrumentalities of the municipality shall provide
all business entities or vendors seeking to provide services or goods
to the Borough a statement describing the requirements of this article
and a statement that compliance with the article shall be binding
upon the parties thereto upon submission of a proposal. Providing
the business entity or vendor with a copy of this article shall satisfy
the requirements of this section.
A.
Notwithstanding any other provision in this chapter, the Borough of Ridgefield shall observe state statutes respecting the process for awarding of certain professional services and other no-bid contracts as set forth in the provisions of N.J.S.A. 19:44A-1 et seq. As referenced in § 20-1, the monetary contribution thresholds shall not be applicable to contracts awarded through a fair and open process as contemplated by N.J.S.A. 19:44A-20.5. In connection with such fair and open process, the Borough shall follow the following guidelines.
B.
General standards.
(1)
Professional services may be awarded by virtue of a publicly advertised
request for qualifications (RFQ) 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 Borough Attorney, Borough Engineer,
Borough Planner, Borough Labor Counsel, Planning Board Attorney, Planning
Board Engineer, Zoning Board Attorney, Zoning Board Engineer and such
other statutory and/or ordinance- and/or resolution-created public
positions.
[Amended 2-21-2018 by Ord. No. 2336]
(2)
For said positions, no contract shall be awarded unless and until
the positions are:
(a)
Publicly advertised in newspapers and on the Internet website
maintained by the Borough at least 10 calendar days in advance, which
shall be deemed sufficient time to give notice in advance of the solicitation
for the contracts.
(b)
Awarded under a process that provides for public solicitations
of proposals and qualifications, including but not limited to the
following:
[1]
Experience and reputation in the field;
[2]
Knowledge of the subject matter of the services to be provided
to the Borough;
[3]
Knowledge of the Borough, its affairs and operations;
[4]
Availability to accommodate any required meetings of the Borough;
[5]
Compensation proposal;
[6]
Compliance with the minimum qualifications established by the
Borough for the position;
[7]
Other factors determined to be in the best interest of the Borough,
including quoted fees, where applicable;
[8]
The Mayor and Council may eliminate and/or supplement the guidelines
contained above when they deem same to be in the best interests of
the Borough of Ridgefield.
(c)
The ultimate decision to award is decided by the governing body
as it deems in its best interests and not subject to appeal.
(d)
Awarded and disclosed under criteria established in writing
by the Borough of Ridgefield prior to the solicitation of proposals
or qualifications as set forth in this article.
(e)
Publicly announced when awarded, and, as to those RFPs which
prove to be unsuccessful, the Borough Clerk shall retain a copy of
same on file for a period of not less than 60 calendar 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.
Review of RFQs by review committee. A review committee shall be established
by the Mayor consisting of not fewer than two nor more than three
members of the Mayor and Council. The Mayor and Council may also appoint
other Borough officials, such as the purchasing agent, to the review
committee. The review committee shall evaluate the respective qualifications
and/or proposals, taking into consideration the designated qualifications
and/or performances criteria, experience, reputation of vendor, quality
of services, quoted fee and other relevant factors in making a recommendation
of award to the governing body, and the designated representative
of the review committee may, in his or 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 Borough and its taxpayers. No contract shall be awarded, however,
unless same is authorized by resolution duly adopted in public session
by the governing body.
[Amended 2-21-2018 by Ord. No. 2336]
D.
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 Borough 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 offeror
has not made a contribution 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 negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
E.
Contracts issued without use of RFQ process.
[Amended 2-21-2018 by Ord. No. 2336]
(1)
In circumstances where the Mayor or designee or the governing body
determines that the use of the RFQ process is not appropriate, such
as, but not limited to, contracts with other government agencies,
and agreements with public utilities, the purchasing agent shall use
his/her best efforts to obtain at least two quotations for the work
and shall require the contractor to fully comply with the provisions
of N.J.S.A. 19:44A-20.27.
(2)
No business entity that enters into negotiations for or agrees to
enter into any contract or agreement with the Borough of Ridgefield
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 contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Borough of Ridgefield municipal candidate or holder of the
public office having ultimate responsibility for the award of the
contract, or campaign committee supporting such candidate or officeholder,
or to any Ridgefield Borough party committee, between the time of
first communications between that business entity and the Borough
regarding a specific professional services agreement and the later
of the termination of negotiations or the completion of the contract
or agreement. This specifically and only relates to contracts dealt
with under this specific subsection.
F.
Emergency exceptions. Notwithstanding the foregoing, the governing
body 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 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 governing body 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.
If any provision of this article, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this article, to the extent it can be given effect
or the application of such provision to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this article are severable.
