The Borough Administrator, in consultation with
the Chairperson of the Borough Finance Committee, is hereby authorized
to promulgate and establish from time to time procedures and regulations
for the preparation and use of purchase orders and for the payment
of bills; provided, however, that any and all such procedures or regulations
shall not become effective until approved by a resolution of the Borough
Council.
Until amended or supplemented by procedures or regulations promulgated pursuant to § 4-49, the procedure and regulations for the purchase of orders and payment of bills shall be as set forth in Schedule A annexed hereto and made a part hereof.[1]
[1]
Editor's Note: The Schedule A referred to
is on file in the Borough Clerk's office and available for inspection
during regular office hours.
[Added 12-1-1975 by Ord. No. 26-75;
amended 6-7-1999 by Ord. No. 15-99]
The Borough Administrator or, in his absence,
the Chief Financial Officer shall act as Purchasing Agent for the
Borough of Mendham. The Purchasing Agent shall have the power to prepare
advertisements, advertise for and receive bids and make awards for
the Borough in connection with purchases of materials and supplies
in accordance with the provisions of N.J.S.A. 40A:11-9, as the same
may be amended from time to time. Notwithstanding the provisions of
this section, the Borough Council shall retain the power to make awards
in a particular case as it shall deem fit, such power to be exercised
by resolution.
[Added 12-2-2013 by Ord. No. 12-13]
As used in this article, the following terms shall have the
meanings indicated:
An agreement for the rendering of professional services to
or on behalf of the Borough, as defined herein, and without regard
to whether the said agreement or contract is awarded pursuant to and
in accordance with the "Fair and Open" procedures as established in
the "Pay-to-Play" Law, N.J.S.A. 19:44A-20.4, et seq.
An agreement for the purchasing of goods to or on behalf
of the Borough and any vendor contracts for the procurement of goods
or services not considered "professional" as defined in the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq., above the public
bid threshold that may be established from time to time by the State
of New Jersey, and without regard to whether the said agreement or
contract is awarded pursuant to and in accordance with the "Fair and
Open" procedures as established in the "Pay-to-Play" Law, N.J.S.A.
19:44A-20.4, et seq.
The Borough of Mendham as a municipal entity, and any elected
official, officer, employee, agent, department, board or commission
of the Borough of Mendham.
Any Mendham campaign contribution, county campaign contribution
and/or pass-through campaign contribution as defined herein.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any county-level political organization or county-level campaign
committee or fund within the County of Morris; the term "directly
or indirectly" as used herein shall further mean and include any campaign
contributions made through intermediaries or third parties for the
purpose of concealing the source of the contributions(s).
Any corporation, professional corporation, joint venture,
general or limited partnership, trust or limited liability company,
or subsidiary or parent of any of the foregoing.
Any vendor who has during the preceding three-year period made campaign contributions in excess of the limits set forth in § 4-54 of the Revised General Ordinances of the Borough of Mendham.
A list of ineligible vendors maintained by the Purchasing
Agent, or his/her designee, of the Borough in accordance with the
provisions of this article.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of the office of, Mayor or Council of the Borough, or to any
municipal or party committee or political club or organization within
the Borough; the term "directly or indirectly" as used herein shall
further mean and include any campaign contributions made through intermediaries
or third parties for the purpose of concealing the source of the contribution(s).
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of the office of, Mayor or Council of the Borough, or to any
municipal or party committee or political club or organization within
the Borough, that is received from the election fund or other campaign
account of any elected official or candidate for any office other
than Mayor or Council of the Borough, or from any county political
organization, county campaign committee or political action committee
or fund within or without the County of Morris.
Any individual person or entity who either negotiates, bids
or otherwise seeks to enter into an agreement to purchase goods or
services as defined herein. In the case of any vendor who is an individual
person, the term shall also include the individual's spouse, if any,
and any child living at home, as well as any entity by whom any of
them are employed or in which any of them have an ownership interest
in excess of 10%. In the case of any vendor who is an entity, the
term shall also include each and every principal of the said entity
who has an ownership interest in excess of 10% in the entity, or any
parent or subsidiary of the entity, and their spouses, if any, and
any child living at home.
A certification in lieu of affidavit pursuant to which each
vendor shall list each and every Mendham campaign contribution and
each county campaign contribution the vendor has made during the preceding
year.
[Added 12-2-2013 by Ord. No. 12-13]
A.Â
The Borough shall not enter into any agreement for any professional service or for the purchase of goods or other services with any vendor that has made any campaign contribution in excess of the limits specified in § 4-54 of this article during the one-year period immediately preceding the date of the agreement, or during the term of any such agreement.
B.Â
This section shall apply to all professional services contracts, with the exception of Subsection B(4) and (5) below, and to all contracts for the purchase of goods and other services with the exception of the following items:
(1)Â
Contracts that are awarded as a result of open public bidding as
set forth under the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.;
(2)Â
Contracts that are offered to the lowest, responsible, qualified
bidder after public advertising for bids and quotes, pursuant to the
provisions of the competitive contracting requirement of the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq.;
(3)Â
Contracts with an anticipated aggregate value less than $17,500;
(4)Â
Contracts that are awarded due to certain public exigencies pursuant
to N.J.S.A. 19:44A-20.12;
(5)Â
Contracts with any New Jersey government and/or federal government
agencies;
(6)Â
Contracts with banking institutions, insurance and public utility
companies that are regulated by state restrictions on political contributions;
and
(7)Â
Contracts the Borough enters into for the purchase and acquisition
of open space.
[Added 12-2-2013 by Ord. No. 12-13]
Campaign contribution limits affecting the eligibility of vendors, pursuant to §§ 4-53 and 4-55, to enter into or be paid pursuant to agreements for the purchase of goods or services are as follows:
A.Â
The maximum amount of Mendham campaign contributions that may be
made by a vendor to each political organization or campaign committee
or fund during any election cycle shall not exceed $300.
B.Â
The maximum amount of county-level campaign contributions that may
be made by a vendor to each political organization or campaign committee
or fund shall not exceed $300 during any election cycle to any party.
[Added 12-2-2013 by Ord. No. 12-13]
No vendor shall knowingly solicit on behalf of, or make any campaign contribution in excess of, the limits specified in § 4-54 herein during the pendency of any such negotiations for, or during the term of, any agreement to purchase goods or services.
[Added 12-2-2013 by Ord. No. 12-13]
Prior to issuing any purchase order or awarding to any vendor an agreement for the sale of goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Purchasing Agent, or his/her designee, shall require that the vendor submit the required forms adopted by the State of New Jersey in conjunction with the state's existing "Pay-to-Play" law, in which the vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in § 4-54 herein. The Purchasing Agent or his/her designee shall keep the original of each such certification of vendor eligibility on file. Notwithstanding anything contained herein to the contrary, the vendor shall have a continuing duty to report immediately to the Purchasing Agent or his/her designee any campaign contributions made in violation of this section that occur during any time that an agreement for the sale of goods or services is in effect, or that occur during the pendency of any negotiations or bidding by the vendor to enter into such an agreement.
[Added 12-2-2013 by Ord. No. 12-13]
In addition to such other penalties as may be provided by law, any vendor who, after 10 days' notice of the consequences thereof, refuses or otherwise fails to provide the certification required herein, or who knowingly files a false vendor's certification of eligibility, shall be designated by the Purchasing Agent or his/her designee as an ineligible vendor, and shall be promptly included on the ineligible vendor list maintained pursuant to § 4-58 herein and shall thereafter be prohibited from entering or continuing any agreement for the sale of goods or services with the Borough, and from receiving any payment pursuant to such an agreement for a period of three years from the date the vendor is designated as ineligible.
[Added 12-2-2013 by Ord. No. 12-13]
The Purchasing Agent or his/her designee shall prepare and at all times maintain a list of vendors who are, by virtue of the provisions of this section, ineligible to enter into an agreement for the sale of goods or services with the Borough. The Purchasing Agent or his/her designee shall prepare this list based upon information obtained from the submission of the required forms from the vendors pursuant to § 4-56. The Purchasing Agent or his/her designee shall update the list of ineligible vendors within 10 business days of the receipt of any certifications or information as required in this section.
[Added 12-2-2013 by Ord. No. 12-13]
Notwithstanding any term contained herein to the contrary, this
article shall not consider campaign contributions made prior to January
1, 2014, and no such campaign contributions shall be considered by
the Purchasing Agent or his/her designee in determining a vendor's
eligibility pursuant to this section.
[Added 12-2-2013 by Ord. No. 12-13]
Any Vendor may cure a campaign contribution made in excess of the limits set forth in § 4-56 herein if the said vendor notifies the Purchasing Agent, or his/her designee, of the Borough in writing that it has received a reimbursement of a contribution in excess of that allowed in § 4-54 and by attaching a true and correct copy of the check received in reimbursement within 60 days of making such contribution.
