Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 1991-1 § 4-9; amended 11-4-2020 by Ord. No. 2020-38]
a. 
The Borough Council, as the governing body of the Borough, realizes that it is responsible to implement a central purchasing function, to supervise proper disbursement of the municipal government's funds and meeting the need for goods and services, and to function in an effective and responsible manner in accordance with the policies established by N.J.S.A. 40A:11-1 et seq.
b. 
The Borough Council recognizes that the major portion of budgeted funds are disbursed in the procurement of goods and services and that it is necessary to establish a procedure to regulate purchases in the Borough which permits continuous awareness and control of all commitments and expenditures, as well as the assurance of proper economical considerations.
c. 
The Borough Council further recognizes that it is necessary with regard to capital improvements that all costs for such projects be encumbered against the ordained appropriation.
d. 
Any and all funds available to the Borough are directly or indirectly contributed by the taxpayers, citizens and residents of the Borough or the State; all expenditures must be open to public review and are subject to questioning by any of the aforesaid.
e. 
The Borough Council further recognizes that the responsibility for expenditures must be clearly defined and the procedure for processing any actions causing the expenditure clearly stated.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § I; amended 11-4-2020 by Ord. No. 2020-38]
As used in this Article:
AGREEMENT TO PURCHASE GOODS OR SERVICES
Shall mean any agreement whether by contract or purchase order, whether above or below any public bid threshold that may be established from time to time by the State of New Jersey, for the sale of any goods or non-professional services to the Borough, as defined herein, and without regard to whether the said agreement or contract is awarded pursuant to and in accordance with the open public bidding requirements of N.J.S.A. 40A:11-5, et seq.
AGREEMENT TO PURCHASE PROFESSIONAL SERVICES
Shall mean any agreement or contract 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 open public bidding requirements of N.J.S.A. 40A:11-5, et seq., or pursuant to a request for proposal (RFP) process.
BELMAR CAMPAIGN CONTRIBUTION
Shall mean 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 any elected office 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).
BOROUGH
Shall mean the Borough of Belmar as a municipal entity, and any elected official, municipal officer, municipal employee, or any agent, department, board or commission of the Borough of Belmar.
CAMPAIGN CONTRIBUTION
Shall mean other elected office campaign contribution, Belmar campaign contribution, County campaign contribution and/or pass-through campaign contribution as defined herein.
CERTIFICATION OF ELIGIBILITY OF PARTICIPATING OFFICIALS
Shall mean a certification in lieu of affidavit pursuant to which the Chief Financial Officer shall identify with respect to each agreement to purchase goods or services entered into by the Borough, and prior to any payment made pursuant thereto, each and every ineligible official with respect thereto, and shall with respect to each such ineligible official specify the reason(s) the ineligible official is precluded from any participation in connection with the agreement to purchase goods or services.
COUNTY CAMPAIGN CONTRIBUTION
Shall mean 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 political organization or County campaign committee or fund within the County of Monmouth; 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).
ELECTED OFFICE
Except where described more narrowly in this section, shall mean any governmental position which requires being elected by the voters, without regard to whether the elected office is within or without the Borough. A candidate for elected office shall mean a person who has filed, or on whose behalf has been filed, a petition with the Clerk of any County, for the purpose of appearing on the ballot, whether in a primary, general, municipal or school board election, for an elected office.
ELECTED OFFICIAL
Shall mean any person who holds a position in the Borough of Belmar which requires being elected by the voters of the Borough of Belmar.
ENTITY
Shall mean any corporation, professional corporation, joint venture, general or limited partnership, trust or limited liability company, or subsidiary or parent of any of the foregoing.
INELIGIBLE VENDOR
Shall mean any vendor or professional vendor who has during the preceding three-year period made campaign contributions in excess of the limits set forth in Section 9-6a1 or 2 respectively, of the Revised General Ordinances of the Borough of Belmar.
INELIGIBLE VENDOR LIST
Shall mean a list of ineligible vendors maintained by the Chief Financial Officer of the Borough in accordance with the provisions of this Chapter.
MUNICIPAL OFFICIAL OR MUNICIPAL EMPLOYEE
Shall mean any other person who works for or holds a position with the Borough of Belmar other than an elected official.
OTHER ELECTED OFFICE CAMPAIGN CONTRIBUTION
Shall mean 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 maintained by or on behalf of any holder of any elected office of the Borough who is a declared candidate for an elected office other than an elected office of 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).
PASS-THROUGH CAMPAIGN CONTRIBUTIONS
Shall mean 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 any elected office 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 local, County or State party committee or campaign committee or political organization, or any political action committee or fund of any kind, whether within or without Belmar or Monmouth County.
PROFESSIONAL VENDOR
Shall mean any individual person or entity who enters into an agreement to purchase professional services, as defined herein. In the case of any professional 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 5%. In the case of any professional 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 5% in the entity, or any parent or subsidiary of the entity, and their spouses, if any, and any child living at home; and any employee of the professional vendor who holds a professional license to provide professional services of the kind to be furnished pursuant to the agreement to provide professional services.
PURCHASING
Shall mean the responsibilities and functions described in the detailed procedure established under this Article.
PURCHASING AGENT
Shall mean the Purchasing Agent or Qualified Purchasing Agent or his or her representative in his or her function of administrator of purchasing, or a person designated and authorized by the Borough Administrator, subject to approval of the Borough Council, and shall be referred to in the detailed procedure as the "buyer."
REQUESTER
Shall mean any department head or any person authorized by a department head to prepare a purchase requisition in accordance with the procedure set forth in this Article and as implemented in the detailed procedure.
VENDOR
Shall mean 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 5%. 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 5% in the entity, or any parent or subsidiary of the entity, and their spouses, if any, and any child living at home.
VENDOR'S CERTIFICATION OF ELIGIBILITY
Shall mean a certification in lieu of affidavit pursuant to which each vendor and professional vendor shall list each and every Belmar campaign contribution and each County campaign contribution the vendor or professional vendor, as the case may be, has made during the preceding three years.
VERIFICATION OF VENDOR ELIGIBILITY BY THE CHIEF FINANCIAL OFFICER
Shall mean a certification in lieu of affidavit pursuant to which the Chief Financial Officer shall confirm with respect to each agreement to purchase goods or services and each agreement to purchase professional services entered into by the Borough, and prior to any payment made pursuant thereto, that he or she has obtained and reviewed the vendor's or professional vendor's certification of eligibility, and the ineligible vendor list, and has determined that the vendor or professional vendor is not in violation of the campaign contribution restrictions set forth in Section 9-6 herein, and is therefore eligible to enter into, and be paid pursuant to, an agreement to purchase goods or services or an agreement to purchase professional services.
[Ord. No. 1991-1 § 4-11; amended 11-4-2020 by Ord. No. 2020-38]
a. 
The act of requesting and obtaining goods and services involves the following three distinctive procedural steps:
1. 
The requester and recipient.
2. 
Purchasing Agent.
3. 
The financial control.
b. 
Each department shall follow the procedure and use such forms for requisitioning and purchasing as the Purchasing Agent shall prescribe. Upon request of the Purchasing Agent, each department head shall submit a complete statement of the materials, supplies, equipment, work and labor under contract which will be required by the department during the ensuing year, half-year or quarter-year, as the Purchasing Agent may determine according to the best estimate of the department head. The statement shall be in writing and in such form and detail as the Purchasing Agent may require.
[Ord. No. 1991-1 § 4-12; amended 11-4-2020 by Ord. No. 2020-38]
The office of the Treasurer enters the purchasing function as follows:
a. 
The encumbrance reservation.
b. 
The encumbrance.
c. 
The payment of bills against properly certified and authorized vouchers previously encumbered and adherence to the detailed procedure drawn and prepared by the Purchasing Agent.
[Ord. No. 1991-1 § 4-13; Ord. No. 2014-01; Ord. No. 2014-18; amended 11-4-2020 by Ord. No. 2020-38]
a. 
All purchase estimates in excess of the minimum required for bidding under state statute and regulations shall be publicly advertised, when required by law, and, upon receipt of sealed bids by the Borough Clerk, or his or her representative, the bids shall be opened by the Borough Clerk, or his or her representative, in the presence of the Purchasing Agent, or his or her representative, and any such other person that may be designated by the Borough Clerk dependent upon the nature of the item for which bids have been taken. A recording of the bid taking, when conducted out of the presence of the Borough Council, shall be submitted to the Council with recommendations of award of contract, together with a summary in writing of all bids received, setting forth the name and address of the bidder and the amount of bid. Bid documentation preparation and public advertisement for the receipt thereof shall be by the Purchasing Agent or his or her designated representative.
b. 
All bids, when required by law, will be received at the Municipal Building on the date and time set forth in the notice of bid proposal.
[Ord. No. 1991-1 § 4-14; amended 11-4-2020 by Ord. No. 2020-38]
The Borough Council, upon consideration and review of the procedure and recommendations referred to hereinabove, shall award the contract of purchase to the lowest responsible bidder pursuant to law, N.J.S.A. 40A:11-1 et seq.
[Ord. No. 1991-1 § 4-15; amended 11-4-2020 by Ord. No. 2020-38]
The Mayor shall execute and sign all contracts awarded by the Borough Council and authorized pursuant to law. The signature of the Mayor shall be attested to by the Borough Clerk. In those instances where the dollar amount of contract awarded is less than the minimum required for bid under State statute and regulation, the Purchasing Agent may, in the absence of the Mayor, execute and sign the contract to be attested to by the Borough Clerk.
[Ord. No. 1991-1 § 4-16; Ord. No. 2012-13; amended 11-4-2020 by Ord. No. 2020-38]
a. 
All purchases, whether they are for supplies, material, equipment, labor or other contractual services for the Borough, shall be made by the Purchasing Agent pursuant to a written requisition from the department head. The appropriation for the department shall be charged subsequent to certification by the office of the Borough Treasurer, setting forth that a sufficient unencumbered balance of detailed appropriation is available to pay therefor.
b. 
The following guidelines apply to the obligation of the buyer to purchase at reasonable and economical levels:
Aggregate Cost for Any One Item
Action Required
$0.01 to $1,000
No quote required
$1,001 to $2,625
Obtain verbal and record 3 quotations
$2,626 to bid threshold
Obtain 3 written quotations
Bid threshold and over
Follow statutory procedure for public bid, where applicable and required
c. 
Where no quote is required or where verbal quotes are acceptable, the buyer shall establish a written record of purchasing experience.
d. 
The Purchasing Agent shall set forth uniform standards for requisitions and purchases. The Purchasing Agent, or his or her representative, shall control the delivery of all supplies, materials, equipment and other items purchased and shall make or cause to be made proper test checks and inspections. The Purchasing Agent, or his or her representative, shall ascertain whether the supplies, materials, equipment and other items purchased comply with the specifications and shall cause laboratory or other tests to be made whenever, in the opinion of the department head, it is necessary to determine whether the materials or supplies furnished are of the quality and standard required as part of the procedures for requisition and purchase.
[Ord. No. 1991-1 § 4-17; amended 11-4-2020 by Ord. No. 2020-38]
a. 
Each department shall follow such procedures and use such forms for purchasing as the Purchasing Agent shall prescribe. Upon request of the Purchasing Agent, each department head shall submit a complete statement of the materials, supplies, equipment, work and labor under contract, which will be required by the department during the ensuing year, half-year or quarter-year, as the Purchasing Agent may determine, according to the best estimate of the department head. The statement shall be in such form and detail as the Purchasing Agent may require.
b. 
The Purchasing Agent shall establish a procedure for the purchase of any item required for the immediate protection of the public health, safety, morals or welfare of the Borough, which will permit emergency purchases to be made for specific purposes.
c. 
Except as the Purchasing Agent, or such other officer as he/she may designate, may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by this Article have been followed.
[Ord. No. 1991-1 § 4-18; amended 11-4-2020 by Ord. No. 2020-38]
a. 
Requisitions.
1. 
A duplicate requisition shall be prepared any time a department head believes that supplies, materials, repairs or services should be ordered. Once completed, each requisition shall be forwarded to the Purchasing Agent for further processing.
2. 
The Purchasing Agent shall examine each requisition for completeness. Incomplete requisitions or requisitions requiring clarification will not be further processed until all needed data has been obtained.
3. 
Each requisition shall be compared as to whether an order for a particular item requested by a department has already been placed. If any requisition reaching the Purchasing Agent appears in any way to be a duplicate of a previous requisition which has been processed, the Purchasing Agent shall note such fact on the duplicate and return the duplicate to the submitting party. When a fully prepared, valid and certified requisition is received by the Purchasing Agent, that requisition shall serve as the basis for the preparation of a purchase order.
4. 
The office of the Purchasing Agent shall compare each requisition against all corresponding budget appropriation cards to determine the availability of funds. When the purchase of an item would exceed the balance in detailed appropriation, the Purchasing Agent shall determine whether funds are available by examining the total line item of appropriation. If funds are not available by either means, the urgency of the particular request must be determined and justified. If the determination is made and if such a justification is found, the Purchasing Agent shall pursue all necessary steps for seeking the needed funds. If there are insufficient funds and the item or service requested is not an emergency, the Purchasing Agent shall return one copy of the requisition, stating on it "insufficient funds - not ordered."
5. 
After a purchase order has been prepared and all necessary purchase order data posted on the requisition set, the original requisition shall be filed by the Purchasing Agent in an Active Vendors file for that particular department. The "Active Vendors" file for each department shall be an alphabetical filing of requisitions by the name of the vendors utilized by that department. Original requisitions shall be kept in the Active Vendors file for at least three fiscal years after the fiscal year in which the requisition has been processed. After this period of time, requisitions may be destroyed.
6. 
The duplicate copy of each requisition shall be retained by the department when returned by the Purchasing Agent with Copy No. 3 of the processed purchase order. When Copy No. 3 of the processed purchase order and the duplicate copy of the requisition are held in an open file until items are received, the department's copy of the requisition shall then be filed in a permanent vendors' file and Copy No. 3 returned to the Purchasing Agent along with all shipping papers for processing.
b. 
Purchase Orders.
1. 
All purchase orders shall be prepared by the office of the Purchasing Agent in a form approved by the Borough's Purchasing Agent or his or her representative. All purchase orders exceeding the State maximum in amount must be approved by the Borough Council by Resolution.
2. 
The purchasing system described in this section shall be strictly followed. All purchasing system documents shall be prepared only in accordance with the detailed instructions found herein.
3. 
Distribution of the five copies of each purchase order shall be as follows:
(a) 
Copy No. 1 shall be sent to the vendor as the original purchase order.
(b) 
Copy No. 2 is the receiving copy and shall be forwarded to the head of the department which initiated the requisition. When the goods, repairs or services described on the purchase order are received in full, Copy No. 2 shall be signed by the receiver and returned, along with any shipping papers, to the office of the Purchasing Agent.
(c) 
Copy No. 3 shall be the encumbering document for the Chief Financial Officer's Office. Copy No. 3 shall be filed by the Chief Financial Officer in ascending numerical order on a yearly basis.
(d) 
Copy No. 4 shall be placed in an Accounts Payable file until the corresponding voucher has been received and until Copy No. 2 (receiving report) has been received. If each purchase order has been completely fulfilled when the voucher and the receipt of goods slip are received, the Purchasing Agent shall simultaneously transmit the voucher and the receipt of goods slip to the Chief Financial Officer's Office for payment of the order and the Purchasing Agent shall retain Copy No. 4 of the purchase order and file this copy in numerical order alphabetically by department name.
c. 
Receipt of Goods and Voucher Preparation.
1. 
When items on a purchase order are received, they shall be examined immediately by the requesting department to determine if the goods or services are correct insofar as quantity, specification and condition are concerned.
2. 
If the shipment on a purchase order is complete and meets all the criteria listed above, the individual or department responsible for Copy No. 2 of the purchase order shall note on the bottom part of Copy No. 2 the date and time of receipt of goods and manually sign the copy. After such notation of signature, any supporting shipment papers shall be attached to Copy No. 2 of the purchase order, and this paper shall be forwarded to the Purchasing Agent. It should be noted that any supporting papers must contain the applicable purchase order number.
3. 
When a shipment or order is incomplete or damaged, the individual or department responsible for Copy No. 2 shall mark any shipping papers with the appropriate purchase order number, and shall note on any papers that the shipment is not complete. The individual or department shall also indicate on or attach to any shipping papers the remaining balance of items to be received later and shall forward any shipping papers without Copy No. 2 to the office of the Purchasing Agent. If any incomplete or damaged shipment is received without any shipping papers, the individual or department responsible for Copy No. 2 shall forward a separate written memorandum to the office of the Purchasing Agent, setting forth the appropriate purchase order number and describing the damaged or incomplete goods. Copy No. 2 of each purchase order shall not be returned until the entire order or shipment is complete. When the shipment is finally complete, the above-mentioned procedural steps shall be followed.
4. 
The Purchasing Agent, on receipt of any shipping papers and completed purchasing orders, shall do the following:
(a) 
All paperwork corresponding to a particular purchase order coming into the office of the Purchasing Agent shall be placed into the Accounts Payable open file, temporarily attached to Copy No. 4 of the purchase order.
(b) 
Once the properly signed voucher and all corresponding paperwork for each purchase order have been received, the voucher and the corresponding documents shall be forwarded to the Chief Financial Officer's Office for payment. Copy No. 4 of each purchase order is not to be transmitted from the Purchasing Agent to the Chief Financial Officer's Office.
(c) 
Once the completed purchase order has been submitted by the Purchasing Agent to the Chief Financial Officer's Office for payment, Copy No. 4 of each purchase order shall be taken from the Accounts Payable open file and filed in numerical order in a file corresponding to the appropriate department.
(d) 
It should be noted that Copy No. 4 of each purchase order will never be removed from the open Accounts Payable file until each order has been completed. When an order is completed, any notations concerning partial or damaged shipments shall be made directly on Copy No. 4.
(e) 
Under each purchase order, as soon as notice of a partial shipment is received by the Purchasing Agent and payment for same has been requested by the vendor, the Purchasing Agent shall send the vendor another separate voucher marked with the appropriate purchase order number for the billing of the remaining balance. When a partial shipment has been received and a vendor requests payment for partial shipment, the Purchasing Agent shall transmit the partial payment voucher under each purchase order to the Chief Financial Officer's Office for payment, indicating on the voucher a notation that it is for partial payment.
5. 
Chief Financial Officer's Office.
(a) 
Copy No. 3 shall be accumulated weekly and encumbered against either the budget appropriation or the capital improvement appropriation by the Chief Financial Officer's Office.
(b) 
No voucher shall be paid if purchase order Copy No. 3 is not attached thereto or a sufficient memo is not attached indicating the reason why Copy No. 3 is not attached.
d. 
Emergency Purchases. When a purchase of supplies or need of repair requires immediate action and there is no time for a requisition, the department head, immediately before or after placing the order, shall notify the Purchasing Agent in order that he/she may check whether sufficient funds are available and that a purchase order can be prepared.
e. 
Special Purchase Orders.
1. 
A payroll order shall be set up once yearly following the approval of the salary ordinance or resolution. All checks drawn during the year for payroll shall be charged against this order.
2. 
For standard expenses, one purchase order for each type shall be set up annually, based on the amount appropriated for such expense in the detailed budget.
3. 
For professional services, an order shall be set up for such predetermined fee and additional orders when the authorization or resolutions are passed for special work.
4. 
Contracts, whether budgeting or capital, shall be set up by the purchase order immediately following the issuing of the contract.
f. 
Voided Purchase Orders.
1. 
Before Issuance. They shall be kept in a file for the auditor.
2. 
After Issuance. Notification shall be made to the Chief Financial Officer's Office in order that the appropriation that was originally charged is corrected.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
Any other provision of law to the contrary notwithstanding, the Borough shall not enter into:
a. 
Any agreement to purchase goods or services, or make any payment pursuant to any such agreement with any vendor that has solicited or made any campaign contribution in excess of the limits specified in Section 9-6a1 of the Revised General Ordinances of the Borough of Belmar, during the three-year period immediately preceding the date of the contract or agreement, or during the term of any such agreement to purchase goods or services;
b. 
Any agreement to purchase professional services, or make any payment pursuant to any such agreement with any professional vendor that has solicited or made any campaign contribution in excess of the limits specified in Section 9-6a2 of the Revised General Ordinances of the Borough of Belmar, during the three-year period immediately preceding the date of the contract or agreement, or during the term of any such agreement to purchase professional services.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
a. 
No vendor shall knowingly solicit on behalf of, or make any campaign contribution in excess of the limits specified in Section 9-6a1 herein during the pendency of any such negotiations for, or during the term of, any agreement to purchase goods or services.
b. 
No professional vendor shall knowingly solicit on behalf of, or make any campaign contribution in excess of the limits specified in Section 9-6a2 herein during the pendency of any such negotiations for, or during the term of, any agreement to purchase professional services.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
a. 
Prior to issuing any purchase order or awarding to any vendor an agreement to purchase goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Borough's Chief Financial Officer shall require that the vendor first have submitted a vendor's certification of eligibility, in language to be approved by the Borough Attorney, in which the vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in Section 9-6a1 of the Revised General Ordinances of the Borough of Belmar, and that it has not otherwise violated subsection 4-19.2a hereof.
b. 
Prior to issuing any purchase order or awarding to any professional vendor an agreement to purchase professional services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Borough's Chief Financial Officer shall require that the professional vendor first have submitted a vendor's certification of eligibility, in language to be approved by the Borough Attorney, in which the professional vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in Section 9-6a2 of the Revised General Ordinances of the Borough of Belmar, and that it has not otherwise violated subsection 4-19.2b hereof.
c. 
The certifications required by paragraphs a and b above shall be in addition to any other certification that may be required by any other provision of law. The Chief Financial Officer shall keep the original of each such certification of vendor eligibility on file. Notwithstanding anything contained herein to the contrary, the vendor and professional vendor shall have a continuing duty to report immediately to the Borough's Chief Financial Officer any campaign contributions made in violation of this section that occur during any time that an agreement to purchase goods or services or agreement to purchase professional services is in effect, or that occur during the pendency of any negotiations or bidding by the vendor or professional vendor to enter into such an agreement.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
In addition to such other penalties as may be provided by law, any vendor or professional vendor who, after reasonable 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 Chief Financial Officer as an ineligible vendor, and shall be promptly included on the ineligible vendor list maintained pursuant to subsection 4-19.7 hereof and shall thereafter be prohibited from entering into any agreement to purchase goods and services or agreement to purchase professional services, as the case may be, with the Borough, and from receiving any payment pursuant to such an agreement, until such time as the Mayor and Council adopt a resolution determining that the vendor is eligible or otherwise should be paid for services rendered or goods sold to the Borough. Any vendor or professional vendor may appeal to the Mayor and Council from a determination by the Chief Financial Officer that it is an ineligible vendor.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
Neither the Borough of Belmar, nor any official thereof, shall:
a. 
Enter into any agreement to purchase goods or services, or approve or execute any change order with respect thereto, or make or authorize any payment pursuant thereto, unless and until the Chief Financial Officer has executed a verification of vendor eligibility with respect to that vendor, which verification of vendor eligibility shall be appended to or otherwise incorporated into the said agreement to purchase goods or services, and each purchase order and voucher relating thereto; or
b. 
Enter into any agreement to purchase professional services, or approve or execute any change order with respect thereto, or make or authorize any payment pursuant thereto, unless and until the Chief Financial Officer has executed a verification of vendor eligibility with respect to that professional vendor, which verification of vendor eligibility shall be appended to or otherwise incorporated into the said agreement to purchase professional services, and each purchase order and voucher relating thereto.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
No resolution authorizing the execution of an agreement to purchase goods or services or an agreement to purchase professional services, or awarding of any bid or approving any change order relating thereto, or authorizing payment of any bill pursuant thereto, shall be introduced or adopted by the Mayor and Council unless it contains a verification of vendor eligibility executed by the Chief Financial Officer, or his or her designee. The Borough Clerk shall, prior to the introduction of any such resolution, first read a statement for the record advising the Mayor and Council and the public that Chief Financial Officer of the Borough has certified that the vendor(s) or professional vendors(s) that are the subject of the resolution are eligible vendors within the meaning of this section.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
The Borough's Chief Financial Officer shall prepare and at all times maintain a list of vendors and professional vendors who are, by virtue of the provisions of this section, ineligible to enter into an agreement to purchase goods or services or an agreement to purchase professional services with the Borough. The Chief Financial Officer shall prepare this list based upon information obtained from the campaign reports required to be filed with the Election Law Enforcement Commission by or on behalf of candidates for the office of Mayor and Council, the supplemental campaign certifications to be submitted by the candidates for elected office, pursuant to Section 9-8 and information provided by vendors and professional vendors as required herein. The Chief Financial Officer shall update the list of ineligible vendors within five business days of the receipt of any certifications or information as required in this section, or of any reports or supplemental reports of Belmar campaign contributions, other elected office campaign contributions or pass-through contributions required to be filed pursuant to Section 9-8.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
Notwithstanding any term contained herein to the contrary, no vendor or professional vendor shall be required to report campaign contributions made prior to January 1, 2004. For the purpose of determining a vendor's eligibility pursuant to this section, the Chief Financial Officer shall not consider campaign contributions made prior to that date, and shall not consider other elected office campaign contributions made by vendors or professional vendors prior to January 1, 2005. Notwithstanding anything contained herein to the contrary, no vendor or professional vendor shall be determined to be an ineligible vendor provided that the campaign contributions they made during 2004 did not exceed the limits set forth in Ordinance No. 2004-14, and that the contributions they have made in 2005 and thereafter do not exceed the limits set forth in Section 9-6a, 1-3.