[2000 Code § 2-60.1]
Any person claiming payment from the City shall first submit
a detailed statement of the items or demand necessitating such claim
to the responsible executive agency, specifying particularly how the
bill or demand is made up, and a certification of the party claiming
payment that it is correct. No bill, claim or demand shall be considered
for payment unless the voucher has attached to it (or includes) a
certification from a designated City employee, having personal knowledge
of the facts that the goods have been received by or the services
rendered to the City, and that those services or goods are consistent
with an existing contract or purchase order. The City Accountant shall
have the Deputy audit warrants and make recommendations on all claims
and bills.
[2000 Code § 2-60.2; New]
The bill or claim duly certified shall be presented to the City
Clerk for inclusion in the proceedings of the next immediate formal
meeting of the City Council. All claims or bills to be considered
by the City Council shall be listed systematically and without preference,
and the list shall be made available to every member of the City Council
at least three (3) full days prior to formal action by that body.
[2000 Code § 2-60.3]
Claims shall be considered by the City Council, which shall
approve or reject the same. If the City Council rejects any claim
presented to it, the reason for such rejection must be stated. Any
disapproved claim shall be referred back to the City Manager with
such instruction as the City Council shall give at the time of disapproval.
[2000 Code § 2-60.4]
It shall be the duty of the City Clerk to record all claims
in the Official Minutes or through an appropriate Claims Register,
indicating that the City Council has by formal action approved or
disapproved the same, with appropriate records as to any claims disapproved
or rejected. All records pertaining to disapproved or approved bills
or claims shall be available for public inspection.
[2000 Code § 2-60.5]
The Treasurer shall make disbursements upon receipt of an order
by the City Council, attested by the City Clerk. After the Clerk has
certified that the claims have been approved, he/she shall turn the
same over to the Treasurer, who shall prepare the necessary checks
for the payment thereof, with the checks signed by the appropriate
City Official(s). After preparing checks for the payment of claims,
the Finance Office shall record them in proper books of account and
thereafter mail the checks to the claimants.
[2000 Code § 2-61.1]
The Mayor and City Council may, as a condition for the issuance
or renewal of any license or permit issued by, or requiring the approval
of, the City, require that the applicant, if he or she is the owner
thereof, pay any delinquent property taxes or assessments on the property
wherein the business or activity for which the license or permit is
sought or wherein the business or activity is to be conducted. The
license or permit may be revoked or suspended by the City Council
when any licensee, who is an owner of the property upon which the
licensed business or activity is conducted, has failed to pay the
taxes due on the property for at least three (3) consecutive quarters.
[2000 Code § 2-61.2]
Upon payment of the delinquent taxes or assessments, the license
or permit may be restored.
[2000 Code § 2-61.3]
The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act."
[2000 Code § 2-62.1]
a.
Every insurance company is prohibited from paying an insured any claim in excess of two thousand five hundred ($2,500) dollars for fire damages on any real property located within the City pursuant to any fire insurance policy issued or renewed after the effective date of this chapter and after the filing of this section with the State Commissioner of Insurance, until such time as the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments or other municipal liens or charges, levied and assessed, and due and payable, against the insured property have been paid either by the owner of such real property, or by the insurance company pursuant to Subsection 2-62.3, or the City of Asbury Park submits a certified copy of a resolution adopted pursuant to Subsection 2-62.5.
b.
The official certificate of search may be altered by the bonded official
responsible for preparing such certificate in order to correct any
errors or omissions or to add any municipal liens or related charges
due and payable subsequent to the preparation of the official certificate.
[2000 Code § 2-62.2]
As used in this section:
shall mean and include all parties having interest in the
real estate affected by fire damage and all parties insured under
the terms and provisions of the fire insurance coverage of the property
damaged.
[2000 Code § 2-62.3]
Unless the resolution, referred to in Subsection 2-62.1, above, is received by an insurance company pursuant to Subsection 2-62.5, an insurance company is hereby authorized and required, prior to the payment of any claims for fire damages in excess of two thousand five hundred ($2,500) dollars to pay to the City the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that if an appeal is taken on the amount of the lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold seventy-five (75%) percent of the full amount of the lien or charge contested, pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in the State, shall be disbursed in accordance with the final order or judgment of the court.
[2000 Code § 2-62.4]
This section shall be filed with the New Jersey State Commissioner
of Insurance pursuant to the provisions of Chapter 184 of the Laws
of 1978 of the State of New Jersey.
[2000 Code § 2-62.5]
The City Council may enter into, or may authorize the tax collector
by resolution to enter into agreements with the owners of any fire
damaged property to pay in full all delinquent taxes, assessments
or other municipal liens by installments pursuant to N.J.S.A. 54:5-19,
or for redemption of the tax sale lien by installment payments pursuant
to N.J.S.A. 54:5-65 et seq., if the City Council is satisfied that
the claim for fire damages is to be used to restore or improve the
fire damaged property. An insurance company receiving a certified
copy of such resolution adopted by the City Council is authorized
to make full payment on the claim to the insured person.
[2000 Code § 2-62.6]
A municipal claim made in accordance with the provisions of
Chapter 184 of the Laws of 1978 and the provisions of this section
shall be paramount to any other claims on the proceeds of fire insurance
policy except the claim of a holder of a mortgage on the fire-damaged
property, where the fire insurance policy at the time of the loss
listed the mortgagee as a named insured, in which event the claim
of the mortgagee of the proceeds shall be paramount to the municipal
lien under this section only to the extent of the amount due and payable
to the mortgagee under the mortgage contract.
[2000 Code § 2-62.7]
Nothing in this section shall be construed:
a.
To obligate an insurance company for any amount in excess of the
value of the fire insurance policy on the property, or the amount
of the liability of the insurance company thereunder;
b.
Except as provided in the case of appeals under Subsection 2-62.3, to obligate the insurance company for any liens not appearing on the official certificate or any certified changes submitted by the bonded official; or
c.
To affect the authority of the municipality to enforce its municipal
lien under any other law of the State of New Jersey.
[2000 Code § 2-62.8]
The official certificate of search may be altered by the bonded
official responsible for preparing such certificates, in order to
correct any errors or omissions or to add any municipal liens or related
charges due and payable subsequent to the preparation of the official
certificate.
[2000 Code § 2-63.1; Ord. No. 2016-22]
a.
Pursuant to N.J.S.A. 40A:11-41, the City of Asbury Park hereby establishes
set-aside program as a means of achieving goals herein adopted. The
City Manager shall appoint either a Department or individual to oversee
the Program. If a proper Qualified Purchasing Agent is on staff, then
this individual shall be responsible for the Program. For purposes
of this section, the Department or individual to oversee the Program
shall be referred to as the Program Coordinator.
b.
There is hereby established a goal of awarding no less than twenty-five
(25%) percent of the City contracts to minority owned businesses for
the purchase of goods and services. In determining compliance with
the twenty-five (25%) percent goal, the aggregate cost of all such
contracts within a fiscal year shall be considered.
c.
There is hereby established a goal of awarding no less than ten (10%)
percent of the City contracts to women-owned businesses for the purchase
of goods and services. In determining compliance with the ten (10%)
percent goal, the aggregate cost of all such contracts within a fiscal
year shall be considered.
d.
The percentage of the dollar value of the City's total procurement
to be filled by means of these set-aside programs and the process
for achieving the same shall be determined by the Program Coordinator
after review by the Manager. By February 1 of each year, the Program
Coordinator shall meet with the various procurement agencies, budget
director and the City Attorney to determine what aggregate procurements
are to be made by the City and what contracts for goods, equipment,
construction or services shall be designated for the set-aside programs.
The Manager shall make a report to the City Council indicating the
goods and contracts to be included in that fiscal year.
e.
"Set-aside contracts" shall mean a contract for goods, equipment,
construction, demolition or services which is designated as a contract
for which bids are invited and accepted only from qualified minority
business enterprises, as appropriate, a portion of contract when that
portion has so been designated; or any other purchase of procurement
so designated.
[2000 Code § 2-63.2; Ord. No. 2016-22]
a.
A business may be eligible for multiple components of the Program
such as being both a female and veteran business.
b.
Principal Place of Business. In order to be eligible as a minority
business or a female business, a business must both have its principal
place of business in New Jersey and be independently owned and operated.
1.
For purposes of this section, a business shall be deemed to have
its principal place of business in New Jersey:
2.
For purpose of these rules, a business shall be deemed independently
owned and operated if its management is responsible for both its daily
and its long-term operation, and if its management owns at least a
fifty-one (51%) percent interest in the business.
c.
Minority Business. In order to be eligible as a minority business,
a business must be either a sole proprietorship, partnership or corporation
at least fifty-one (51%) percent of which is owned and controlled
by persons who are Black, Hispanic, Asian American, American Indian,
or Alaskan natives, which are defined as follows:
1.
Black American shall mean a person having origins in any of the black
racial groups of Africa.
2.
Hispanic American shall mean a person of Mexican, Puerto Rican, Cuban,
Central or South American, Portuguese or other Spanish culture or
origin, regardless of race.
3.
Asian American shall mean a person having origins in any of the original
people of the Far East, Southeast Asia and Indian subcontinent, Hawaii
or the Pacific Islands.
4.
American Indian or Alaskan Native shall mean a person having origins
in any of the original peoples of North America and who maintain cultural
identification through tribal affiliation or community recognition.
d.
Women's Business. In order to be eligible as women's business, a
business must be either a sole proprietorship, partnership, or corporation
at least fifty-one (51%) percent of which is owned and controlled
by women.
e.
All minority-owned businesses and women business enterprises under
this section shall be qualified in accordance with N.J.S.A. 40A:11-25.
[2000 Code § 2-63.3; Ord. No. 2016-22]
Any business that seeks to register to be eligible for the Program
must register with the State of New Jersey's New Jersey Selective
Assistance Vendor Information (NJSAVI) found under the State's contracting
services. The NJSAVI is a database that identifies businesses that
are registered as a SBE and/or certified as a M/WBE with the State
of New Jersey, through the Division of Revenue.
[2000 Code § 2-63.4; Ord. No. 2016-22]
a.
When a business is accepted by the State of New Jersey onto the set-aside
vendors lists which shall be used in determining whether the City
has fulfilled its contracting goals, and shall be used in soliciting
bids or contracts set aside for minority business and/or women's businesses
and other purchasing and contracting situations. There will be no
limits to the number of businesses on the various minority business
bidders lists. Each eligible applicant will be placed on that list
or those lists for which it is qualified.
b.
When a business is accepted as a minority business and/or women's
business, that business may bid on contracts which are specifically
set aside under this section.
c.
Each contracting agency shall make good faith effort to obtain the
goals established by the Administration. "Contracting agency" shall
be defined as the Local Purchasing Agency, the Finance Department
and any other agency involved in the total procurement process.
[2000 Code § 2-63.5; Ord. No. 2016-22]
a.
Any contract specifically set aside for minority and/or women's business
must be competitively bid, either through the public advertising or
through informal bidding, and may be awarded only if responsive bids
from at least three (3) qualified bidders are received.
b.
The specification for a set-aside contract shall clearly and conspicuously
state that an award may only be made to a business duly registered
with the State of New Jersey.
c.
The specification shall further state that a bidder who is not already
approved may submit a bid but then must apply to the State of New
Jersey, no later than the bid opening date and, in order to be eligible
for an award, must be approved by the State of New Jersey no later
than thirty (30) working days after the bid-opening date. The specification
shall state that if, for whatever reason, there is no approval of
that bidder the City shall reject that bid without any obligation
or recourse to that bidder. The dates may be adjusted to comport to
the award requirements in the Local Public Contracts Law.
d.
All bids may be rejected on a set-aside contract and the contract
may be rebid as an ordinary contract where:
1.
In evaluating the female and/or minority business bids, the Program
Coordinator determines that acceptance of any of the bids would subject
the City to an unreasonable expense or to a contract otherwise unacceptable
pursuant to the City's contracting laws and rules; or
2.
The City Clerk does not receive at least three (3) bids from qualified
vendors approved as female and/or minority businesses, as appropriate;
and
3.
The respondent knowingly supplied false information on the business
and the contract would not otherwise have been awarded.
e.
The rejection of bids and re-advertising of same shall be in accordance
with the Local Public Contracts Law.
[2000 Code § 2-63.6; Ord. No. 2016-22]
a.
The Program Coordinator shall submit an annual report to the City
Manager by January 31 of each year describing the City's efforts in
attaining the set-aside goal and the percentage of the dollar value
of total procurements awarded under this section.
b.
The City Clerk shall publish a list of the City's attainments under
this section on March 1 of each year.
[Ord. No. 2666]
It is the intent and purpose of this section to provide for
the defense of certain actions against and the indemnification of
public officers and employees as permitted by N.J.S.A. 59:10-4.
[Ord. No. 2666; New]
Whenever any civil action has been or shall be brought against
any person holding an elected or appointed office, position or employment
under the jurisdiction of the City of Asbury Park, including persons
serving on volunteer bodies as appointed by the Mayor and Council,
for any act or omission arising out of and in the course of the performance
of the duties of such office, position or employment, the City shall
defray all costs of defending such action, including reasonable counsel
fees and expenses, together with costs of appeal, if any, and shall
save harmless and protect such person from and against any financial
loss resulting therefrom. Where allowed by law, such defense shall
be provided by the City. When the City's legal counsel is unable to
participate in that defense, the official, officer or employee shall
submit the name of the attorney of his or her choice to the City Council
for approval and agreement as to the cost of services. In the event
that any official, officer or employee engages an attorney without
the prior approval of the City and an agreement as to the cost of
services, any and all such costs shall be the sole responsibility
of that official, officer or employee.
[Ord. No. 2666]
Whenever any criminal action is instituted against any person
holding an elected or appointed office, position or employment under
the jurisdiction of the City of Asbury Park, including persons serving
on volunteer bodies as appointed by the Mayor and Council, for any
act or omission arising out of or in the course of the duties of such
office, position or employment, and should such proceeding be dismissed
or result in a final disposition in favor of such person as to all
charges, the City shall reimburse such person for the cost of defending
such proceeding, including reasonable counsel fees and expenses, together
with the costs of appeal, if any. Prior to engaging counsel for defense,
the official, officer or employee shall submit the name of the attorney
of his or her choice to the City Council for approval and agreement
as to the cost of services. In the event that any official, officer
or employee engages an attorney and makes an agreement as to the cost
of services without the prior approval of the City, any and all costs
shall be the sole responsibility of that official, officer or employee.
[Ord. No. 2666]
Notwithstanding anything to the contrary set forth above, the
City shall not be responsible for providing a defense or indemnification
under the following conditions:
a.
Under circumstances where the act or omission was not within the
scope of employment.
b.
Under circumstances where the act or omission relates to a claim
based upon actual fraud, actual malice, willful misconduct or an intentional
wrong.
c.
The judgment calls for punitive or exemplary damages. Only that portion
of a judgment based upon compensatory damages shall be indemnified.
d.
Under circumstances where any insurance coverage is available for
payment.
e.
Under circumstances where any officer or employee is found to have
acted in violation of the Local Government Ethics Law, N.J.S.A. 40A:22-1
et seq.
f.
Under circumstances where the defense of the action or proceeding
would create a conflict of interest between the City and the public
official or employee.
g.
The public officer or employee has failed to deliver to the City
Manager, the original or a copy of the summons, complaint, process,
notice, demand or other pleading or document(s), within ten (10) calendar
days after the time that he or she is served with the same.
h.
Under the circumstances where the public employee has failed to cooperate
fully with the defense.
