[1973 Code § 2-30 ; Ord. No. 6-1991]
The Township of Aberdeen, as a "participating contracting unit,"
is authorized to enter into a cooperative pricing agreement with the
County of Monmouth, as the "lead agency," for the conduct of certain
functions relating to the purchase of selected work, materials and/or
supplies for their respective jurisdictions.
a.
Title. This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Township of Aberdeen.
b.
Authorization. Pursuant to the provisions of N.J.S.A. 40A:11-11(15),
the Township of Aberdeen, as a participating contracting unit, is
hereby authorized to enter into a cooperative pricing agreement with
the County of Monmouth, as the lead agency, and other participating
contracting units within the County of Monmouth for the purchase of
selected work, materials and/or supplies.
c.
Compliance. The lead agency shall be responsible for complying with
the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.), and all
other provisions of the revised statutes of the State of New Jersey,
as to the bidding, award and execution of master contracts on behalf
of itself and any participating contracting units, as well as for
purchases made by the lead agency for its own needs under the master
contract. Each respective participating contracting unit which chooses
to purchase under a master contract shall be responsible to enter
into a separate contract with the vendor, to certify the availability
of funds, to issue purchase orders, to accept delivery and to make
payment for those items purchased by that participating contracting
unit for its own needs.
[Ord. No. 10-2007 § 9A]
a.
To the extent that it is not inconsistent with Federal, State or
local law, the Township of Aberdeen and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract with any private party for the planning, replanning, construction
or undertaking of any project or redevelopment work, including the
acquisition or leasing of any public property in conjunction with
the redevelopment of any area within the Township of Aberdeen pursuant
to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1
et seq., (hereinafter "redevelopment work"), if that redeveloper has
solicited or made any contribution of money or pledge of a contribution,
including in-kind contributions, during the applicable time period
as defined below, to: (a) a campaign committee of any Aberdeen Township
candidate or holder of public office within the Township of Aberdeen
having responsibility for the awarding of such contracts or to any
Aberdeen Township political campaign committee, or to (b) any Township
of Aberdeen or Monmouth County Party Committee, or to (c) any political
action committee (hereinafter "PAC") that regularly engages in the
promotion and/or support of Aberdeen Township municipal candidates
or municipal officeholders. 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 declared by the Governing Body to be an area in need of redevelopment
pursuant to and in accordance with the Local Redevelopment and Housing
Law and the date of the awarding of the contract, or the twelve (12)
months prior to awarding the contract, whichever is the shorter.
b.
No redeveloper who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Township of Aberdeen
or any of its departments or instrumentalities for the rendition of
redevelopment work shall knowingly solicit or make any contribution
of money or pledge of a contribution, including in-kind contributions,
to: (a) a campaign committee of any Aberdeen Township candidate or
holder of public office within the Township of Aberdeen having responsibility
for the awarding of such contracts or to any Aberdeen Township political
campaign committee, or to (b) any Township of Aberdeen or Monmouth
County Party Committee, or to (c) any PAC that regularly engages in
the promotion and/or support of Aberdeen Township municipal candidates
or municipal officeholders, between the time of first communication
between that redeveloper and the Township of Aberdeen regarding a
specific agreement for redevelopment work and the later of the termination
of negotiations or rejection of any proposal, or the completion of
all matters specified in the contract or agreement.
c.
For purposes of this section, a "redeveloper" subject to the restrictions
set forth in paragraphs a. and b. above means: (a) an individual,
including the individual's spouse, if any, and any child/children
living at home, a person, firm, corporation, professional corporation,
partnership, organization, or association seeking or obtaining redevelopment
work as defined above; (b) all principals who own one (1%) percent
or more of the equity or ownership or income interests in the person
or entity defined in (a) above and their spouses and any child/children
living at home; (c) all the partners and/or officers of such an entity,
in the aggregate, and their spouses and any child/children living
at home; and (d) any affiliates or subsidiaries directly controlled
by the redeveloper.
d.
For the purposes of this section,
the office that is considered to have responsibility for the award
of the contract under the Local Redevelopment and Housing Law shall
be:
(1)
The Aberdeen Township Council if the contract requires approval or
appropriation from the Council or a public officer who is responsible
for the award of a contract if that public officer is appointed by
the Council; or
(2)
The Mayor of the Township of Aberdeen if the contract requires the
approval of the Mayor or a public officer who is responsible for the
award of contract if that public officer is appointed by the Mayor;
or
(3)
Both of the above.
[Ord. No. 10-2007 § 9B]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any Aberdeen Township
candidate for Mayor or Township Council or Aberdeen Township political
campaign committee 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 or agreement was made
by the redeveloper prior to the effective date of this section.
[Ord. No. 10-2007 § 9C]
a.
Prior to awarding any contract or agreement to any redeveloper, the Township of Aberdeen or any of its departments, instrumentalities or purchasing agents, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of subsection 2-56.1 of this section.
b.
The redeveloper shall have a continuing duty to report any violations
of this section 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 Township
of Aberdeen and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. No. 10-2007 § 9D]
a.
All redevelopment contracts, leases or other undertakings shall provide that it shall be a breach of the terms of such agreements to violate subsection 2-56.1b above, or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b.
Any redeveloper, as defined in subsection 2-56.1c above, who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future redevelopment contracts for a period of four (4) calendar years from the date of the violation.
[Ord. No. 10-2007 § 10]
Nothing contained herein shall be interpreted to impair in any way the right of such private parties or redevelopers secured by the First Amendment of the Constitution of the United States and further secured by Article 1, Paragraph 6 of the Constitution of the State of New Jersey to exercise its right to freedom of speech and its right to speak and write and publish its sentiments on all subjects.
