Town of Orange, CT: Representations in public contract.

§ 199-1 Definitions.

For the purpose of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section:

AFFILIATE

With respect to any person any other persons directly or controlling, controlled by, or under common control with such person whether through the ownership of voting securities, by contract or otherwise.

PERSON/PERSONS

One or more individuals, partnerships, corporations, limited liability companies, associations, joint ventures, limited liability partnerships or other entity created for the transaction of business.

PUBLIC CONTRACT

Any agreement or formal commitment entered into by the Town of Orange to expend funds in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing or any lease, lease by way of concession, concession agreements, permit, license or permanent agreement whereby the town leases, grants or demises property belonging to the Town of Orange or otherwise grants a right or privilege to occupy or use said property of the Town of Orange.

TOWN

Any official, agency, board, authority, department, office or other subdivision of the Town of Orange.

§ 199-2 Prohibition on contracting with the town.

No public contract shall be awarded to or entered into by the town with any person or an affiliate of such person through or which:

Has delinquent taxes or other financial obligations owed to the town except where such person has entered into an agreement with the town satisfactory to the Tax Collector to pay delinquent taxes in installment payments and the payments under such agreement are not in default;

Is in default, or has within the immediately preceding two years defaulted, in the performance of any covenants, agreements, conditions or obligations under any public contract with the town;

Instituted and maintained within the immediate preceding two years, any action against the town seeking monetary damages other than for reimbursement of the overpayment of taxes or assessments or for bodily injury or property damage arising from a claim of negligence by the town; or

Been cited three or more times or been fined or enjoined by a court of competent jurisdiction for violation of any ordinances or regulations of the Town of Orange including, without limitation, zoning regulations and inland/wetland regulations of the Town of Orange within the immediately preceding two years.

§ 199-3 Affidavits, disclosures and certifications.

All invitations to bid for public contracts shall include an affidavit to be signed and sworn to by the bidder and any of the bidder's affiliates are not and have not:

Delinquent in taxes or other financial obligations owed to the town except where such person has entered into an agreement satisfactory to the Tax Collector to pay delinquent taxes in installment payments and the payments under such agreement are not in default;

In default, or within the immediately preceding two years, have defaulted, in the performance of any covenants, agreements, conditions or obligations under any public contract with the town;

[1]

Editor's Note: See Ch. 383, Zoning, and Ch. 381, Inland Wetlands and Water Courses Regulations, respectively.

§ 199-4 Representations in public contract.

Each public contract shall contain representations of the person, party to said contract with the town, that such person and its affiliates are not and have not:

In default or, within the immediately preceding two years, has defaulted in the performance of any covenants, agreements, conditions or obligations under any public contract with the town;

Instituted and maintained within the immediately preceding two years, any action against the town seeking monetary damages other than for reimbursement of the overpayment of taxes or assessments or for bodily injury or property damage arising from a claim of negligence by the town; or

§ 199-5 False statements.

No public contract shall be entered into with any person found to have filed a false affidavit under § 199-3 or whose representations in any public contract under § 199-4 are false or misleading in any material respect for a period of 10 years after the making of such affidavit or the entering of such public contract.

§ 199-6 Additional disclosure requirements.

Any person seeking to enter into a public contract with the town shall for each such contract disclose all names under which such person and its affiliates have provided labor, services, supplies, equipment, materials or any combination thereof to the town.

Any person seeking to enter into a public contract with the town shall disclose:

(1)

The names of all persons affiliated with the business of such persons;

(2)

The name of all persons in which such person has an ownership interest;

(3)

The names of persons which hold an ownership interest in such person; and

(4)

If such person or any of its affiliates own or have owned within one year prior to the date of disclosure required by this section taxable property situated in the town.

Any person doing business under a tradename shall deliver a copy of the Tradename Certificate filed on behalf of such person duly certified by the Town Clerk of the municipality in which such person maintains its principal place of business.

§ 199-7 Exceptions.

Notwithstanding the provision of this chapter, the town may enter into a public contract with any person or persons who would otherwise be prohibited from entering into a public contract with the town as a result of being delinquent in taxes and/or fines pursuant to the provisions of this chapter; they may be awarded a public contract provided the notice of award and the entering of such public contract shall be conditioned upon the payment by such person or persons of all delinquent taxes and/or fines by cash, certified check or bank check within five business days of the notice of award of such public contract.