City of Long Branch, NJ Contracts

The City of Long Branch shall not enter into an agreement for professional services with any individual and/or professional business entity if that individual or entity has solicited or made any contribution of money or pledge of a contribution, including in-kind contributions, to a campaign of any City of Long Branch candidate for Council or Mayor in excess of the threshold specified in Subsection D of this section within one calendar year immediately preceding the date of the contract or agreement unless cured pursuant to § 19-3. The prohibition set forth in this subsection shall also apply to any solicitation or contribution of money or pledge of a contribution, including in-kind contributions, made during the applicable time period to any City of Long Branch or Monmouth County party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the contributor to conceal or misrepresent the source of the contribution.

No professional business entity which enters into negotiations for, or agrees to, any contact or agreement with the municipality or any department or agency thereof or any of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any City of Long Branch candidate or holder of public office having ultimate responsibility for the award of the contract, in excess of the amount set forth herein. This subsection is to include any and all professionals who provide political contributions to any candidate for an office whether or not that candidate is presently in office or seeks office. The prohibition set forth in this subsection shall also apply to any solicitation or contribution of money or pledge of a contribution, including in-kind contributions, to any City of Long Branch or Monmouth County party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the contributor to conceal or misrepresent the source of the contribution.

For purpose of this article, a "professional business entity" seeking a public contract means an individual, including the individual's spouse, if any, and any child living at home; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity 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 as well as any subsidiaries directly controlled by the business entity.

Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $500 per candidate for Mayor and/or Council Member on an annual basis, whether or not that individual has a professional services contract in place or not, to the maximum extent of $3,000 per annum per business entity. This subsection shall apply to any presently sitting Councilperson and/or the Mayor of the City of Long Branch and shall also apply to any individual who seeks to run for the office of Council person and/or Mayor of the City of Long Branch.

(1)

Any individual that owns less than 10% of a professional business entity which contracts with the City of Long Branch shall not be treated as a part of that entity.

For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:

(1)

The City of Long Branch, if the contract requires approval or appropriation from the Council.

(2)

The Mayor of the City of Long Branch, 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.

§ 19-2 Contributions made prior to effective date.

No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or to any municipal or county party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, 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 prior to the effective date of this section.

§ 19-3 Violations and penalties.

All City of Long Branch professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity, as defined in § 19-1C to violate § 19-1B or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.

Any professional business entity, as defined in § 19-1C and D, who knowingly fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be subjected to a fine in the sum of $2,500 so far as the first offense and, for any second offense, shall be disqualified from eligibility for future City of Long Branch contracts for a period of four calendar years from the date of the violation.

There shall be no breach of contract in the event a contribution is questioned and as a result of the questioning of the contribution the individual and/or business entity who makes the contribution requests that the contribution be returned by the campaign committee, the candidate or the political action committee to whom such contribution was made. In the event of any disputes as to whether or not a campaign contribution is proper, the matter shall be submitted to arbitration before a retired Judge of the Superior Court of New Jersey.

§ 19-4 Reporting requirements.

Any contribution received by a candidate committee, joint candidates committee or political committee during an election fund report period of more than $50 or aggregate contributions received by such a committee in an election from a contributor totaling more than $50 during such a report period shall be reported by providing the information set forth in N.J.A.C. 19:25-10.2.

Article II Contractor Responsibility Certifications

[Adopted 7-28-2021 by Ord. No. 18-21]

§ 19-5 Contractor responsibility certification.

The City of Long Branch shall require compliance with the provisions of this section by individuals, firms and business entities seeking to provide construction-related services to the City of Long Branch as specified herein. The requirements of this section are intended to supplement, not replace, existing contractor qualifications and performance standards or criteria currently required by law, public policy or contracting documents.

All contractors and subcontractors wishing to perform significant work on any public facility, including construction, alteration, renovation, repair, service, or maintenance work, shall meet the requirements of this section. For purposes of this section, "significant work" shall be defined as any work or activity covered under the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq.

All individuals, firms and business entities engaged in contracts covered by this section shall be qualified responsible contractors or subcontractors that have sufficient capabilities in all respects to successfully perform contracts on which they are engaged, including the necessary experience, equipment, technical skills, qualifications, organization, financial and personnel resources to the same extent as is required by the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. Individuals, firms and business entities bidding on public contracts shall also be required to have a satisfactory past performance record and a satisfactory record of law compliance, integrity and business ethics to the same extent as is required by the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. Compliance with these standards shall be established by compliance with the requirements set forth in Subsection H of this section.

As a condition of performing work on public works contracts in excess of the bid threshold limit, but less than $499,999 total cost of project, the contractor shall certify that he and each subcontractor performing work on the project shall have at least one employee who has successfully completed an OSHA ten-hour construction safety and health course on-site. As a condition of performing work on public works contracts of $500,000 or more total cost of project, the general contractor shall certify that he and each subcontractor performing work on the project shall have at least one employee who has successfully completed an OSHA thirty-hour construction safety and health course on-site.

All contractors and subcontractors that perform significant work on any public facility project having a value of $100,000 or more shall be required to affirmatively provide evidence of, and confirm compliance with, proof of participation in an apprenticeship program currently registered with and approved by the United States Department of Labor (USDOL) or the New Jersey Department of Labor (NJDOL) to the same extent as is required by the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. Additionally, apprenticeship programs shall meet the criteria set forth in Subsection H(9) of this section.

As a condition of performing work on public works contracts subject to this section, a contractor seeking award of a contract shall submit a contractor responsibility certification at the time it submits its bid for contract or response to request for proposal in a form as detailed in § 19-6 of this article.

The contractor responsibility certification shall be completed on a form provided by the City of Long Branch Purchasing Agent and shall reference the project for which a bid is being submitted by name and contract or project number.

In the contractor responsibility certification, contractors shall certify the following facts regarding their past performance, work history, current qualifications and performance capabilities:

(1)

The individual, firm or business entity has all valid, effective licenses, registrations or certificates required by federal, state, county or local law, including, but not limited to, licenses, registrations or certificates required to: (i) do business in the state; and (ii) perform the contract work it seeks to perform. These shall include, but not be limited to, licenses, registrations or certificates for any type of trade work or specialty work which the individual, firm or business entity proposes to perform.

(2)

The individual, firm or business entity meets the bonding requirements for the contract, as required by applicable law or contract specifications and any insurance requirements, as required by applicable law or contract specifications, including general liability insurance, workers' compensation insurance and unemployment insurance requirements.

(3)

The individual, firm or business entity has not been debarred by any federal, state or local government agency or authority in the past three years. A firm or business entity shall also certify that none of the owners, officers or members have been debarred by any federal, state or local government agency or authority in the past three years.

(4)

The individual, firm or business entity has not defaulted on any project in the past three years. A firm or business entity shall also certify that none of the owners, officers or members have defaulted on any project in the past three years.

(5)

The individual, firm or business entity has not had any type of business, contracting or trade license, registration or other certification suspended or revoked in the past three years. A firm or business entity shall also certify that none of the owners, officers or members have had any type of business, contracting or trade license, registration or other certification suspended or revoked in the past three years.

(6)

The individual, firm or business entity has not been cited for a willful violation of federal or state safety laws in the past three years. A firm or business entity shall also certify that none of the owners, officers or members have been cited for a willful violation of federal or state safety laws in the past three years.

(7)

The individual, firm or business entity has not been convicted of any crime relating to the contracting business by a final decision of a court or government agency in the past three years. A firm or business entity shall also certify that none of the owners, officers or members have been convicted of any crime relating to the contracting business by a final decision of a court or government agency in the past three years.

(8)

The individual, firm or business entity will pay all craft employees that it employs on the project the current wage rates and benefits as required under applicable federal or state prevailing wage laws to the same extent as is required by the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq.

(9)

If applicable, the individual, firm or business entity participates in an apprenticeship program that is currently registered with the USDOL, NJDOL or a state apprenticeship agency for each craft or trade in which it apprentices to the same extent as is required by the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. The firm shall provide proof of meeting this qualification standard by submitting appropriate documentation as an attachment to the certification. The individual, firm or business entity shall continue to participate in applicable apprenticeship programs for the full duration of the contract work. The apprenticeship program in which the individual, firm or business entity participates shall meet the following criteria:

(a)

The program has graduated at least one enrollee in each of the past three years. If the program has not been in existence for three years, this requirement shall not apply until the program has been in existence for three years. At that time, compliance with this criteria is required.

(b)

The program has graduated at least 75% of program enrollees in each of the past three years.

§ 19-6 Form of contractor's responsibility certification.

Whenever a contractor or subcontractor as defined by this article is required to submit a contractor's responsibility certification, the form of same shall be as follows.[1]

[1]

Editor’s Note: Said form is included as an attachment to this chapter.