Bill Text: NJ A2974 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits establishment of countywide purchasing system by a county and requires participation by all school districts within the county.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2013-06-24 - Substituted by S1191 (SCS/1R) [A2974 Detail]
Download: New_Jersey-2012-A2974-Introduced.html
Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
SYNOPSIS
Permits establishment of countywide purchasing system by a county and requires participation by all school districts within the county.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning county consolidated purchasing programs, amending P.L.2007, c.63, and supplementing P.L.1971, c.198 (C.40A:11-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A local unit that is a county may adopt a resolution or ordinance, as appropriate to its form of government, establishing a county-wide purchasing system for providing custodial services, food services, or both to school districts within the county.
b. In order to take advantage of economies of scales and administrative efficiencies in the purchase of services, a county may require that school districts within the county that use a private contractor to provide custodial services, food services or both, shall participate in a single County Wide Contract, awarded by the county, if they choose to continue using a private contractor to provide the service.
c. (1) The county clerk of a county that establishes a countywide purchasing system pursuant to subsections a. and b. of this section shall notify all of the school districts located within the county within 20 days of final adoption of the resolution or ordinance, as appropriate, that the countywide system has been established.
(2) A county that establishes a County Wide Contract pursuant to subsections a. and b. of this section shall appoint an advisory committee, consisting of one representative from each school district that is subject to the County Wide Contract, to assist with reviewing and evaluating Requests for Proposals.
(3) A county that establishes a county-wide purchasing system pursuant to subsections a. and b. of this section shall create and maintain a webpage on the county Internet website listing the services for which the county has entered into a County Wide Contract.
(4) County Wide Contracts criteria for evaluating Requests for Proposals pursuant to subsections a. and b. of this section shall include, but shall not be limited to, the contractor's previous experience with the provision of similar supplies, materials, and services.
(5) Prior to awarding any contract, the terms of all contracts pending final approval shall be disclosed on the county's Internet website at least 20 days prior to the final approval of the contract.
(6) Notwithstanding any law or regulation to the contrary, the bidding documents prepared by the county for County Wide Contracts shall specify that the contractor who is awarded the County Wide Contract shall be required to pay to the county a specified fee to cover the administrative costs associated with administering the County Wide Contract.
(7) Notwithstanding any law to the contrary, a school district seeking to contract for a service subject to a County Wide Contract shall acquire the service only through that County Wide Contract. Any school district bid document or contract for a service that is eligible to be acquired through a County Wide Contract shall be beyond the authority of the school district to advertise or award, and shall be void from its inception.
(8) The county governing body may establish a set-aside program pursuant to section 2 of P.L.1985, c.482 (C.40A:11-42) for the provision of countywide services.
(9) A county that establishes a countywide purchasing system pursuant to subsections a. and b. of this section may adopt regulations utilizing the procedures in the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., as appropriate.
(10) othing in this section shall require the privatization of a position currently filled by a public employee.
(11) A school district that is not currently using a private contractor to provide the service at issue and that is located in a county that is currently using a County Wide Contract, shall not participate in a County Wide Contract prior to taking the following steps:
(a) The school district shall pass a resolution calling for a public hearing to explore the costs and benefits of participating in a County Wide Contract and to provide an opportunity for parents and other affected stakeholders in the district to make statements and ask questions relating to participation in a County Wide Contract.
(b) Notice of the public hearing shall be posted in an official newspaper of the board of education at least 30 days prior to the hearing.
(c) Following the public hearing, there shall be a period of no less than 60 days during which members of the public shall have the opportunity to submit comments on the proposal to participate in a County Wide Contract.
(d) Upon review of all comments and submissions, the school board shall hold a vote on whether or not to participate in the County Wide Contract.
(12) Any administrative employee whose position is eliminated due to implementation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall receive terminal leave pay, as set forth in paragraph (2) of subsection a. of section 19 of the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-19).
2. Section 54 of P.L.2007, c.63 (C.18A:7-12) is amended to read as follows:
54. a. A local school district may apply to the executive county superintendent of schools to have school district services including, but not limited to, transportation, personnel, purchasing, payroll, and accounting, assumed by the office of the superintendent. If the executive county superintendent determines to assume a service, a fee may be assessed the school district for the service. The executive county superintendent of schools may utilize county special services school districts, jointure commissions, and educational services commissions to provide services to local school boards.
b. When the county governing body wherein the school district is located has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of P.L. , c. (C. ) to utilize a County Wide Contract for food or custodial services, the office of the superintendent and every local school district that uses a private contractor to provide the good or service at issue shall be required to participate in the county program.
c. Nothing in this section shall require the privatization of a position currently filled by a public employee.
(cf: P.L.2007, c.63, s.54)
3. (New section) a. The intent of this section is to provide protection for employees who are satisfactorily performing their duties during the transition to employment by a successor contractor and to prevent favoritism in employment decisions during such transition to ensure the highest quality of services to school districts.
b. For the purposes of this section:
"Successor contractor" means a contractor that has been awarded a food or custodial service contract to provide services that, in whole or in part, are substantially similar to those food or custodial services provided by a predecessor employer within the previous 90 days.
"Predecessor employer" means a school district or a contractor which provided food or custodial services for a school district and which ceases to provide such services.
"Service employee" means an employee employed on or around school district premises and central kitchens to provide food or custodial services, except for managerial, executive, confidential employees and employees who work less than four hours a week.
c. A school district for which a successor contractor will provide food or custodial services shall:
(1) obtain from the predecessor employer and provide to the successor contractor, a full and accurate list containing the name, address, date of hire, and employment classification of each service employee employed by the predecessor contractor within 15 calendar days before the termination of any service contract;
(2) notify the collective bargaining representative of the affected service employees, if any, of the successor employer and provide to the collective bargaining representative a copy of the list of service employees prepared pursuant to paragraph (1) of this subsection; and
(3) ensure that a notice is conspicuously posted at any site at which service employees perform their duties, setting forth the rights provided under this section in the same location and manner that other statutorily required notices to employees are posted.
d. The successor contractor shall:
(1) offer employment during a 90-day transition employment period to all service employees employed by the predecessor contractor;
(2) not discharge, without just cause, an employee retained in accordance with this section during the 90-day transition period; and
(3) perform a written performance evaluation for each employee retained in accordance with this section at the end of the 90-day transition period and offer those employees whose performance was satisfactory, continued employment under the terms and conditions of employment established by the successor employer or as required by law.
4. This act shall take effect immediately.
STATEMENT
This bill is intended to promote the concept of shared and consolidated services through the use of county-wide contracts in order to reduce school district costs by taking advantage of economies of scales and administrative efficiencies when dealing with private contractors for food and custodial services.
When a county establishes a county-wide purchasing system, its clerk is required to notify all of the school districts within that county. The county would maintain a webpage on the county's Internet website listing the services for which the county has entered into a County Wide Contract. These contracts would be awarded to contractors using the competitive contracting process, with criteria for evaluation to be set forth in detail in the bidding documents. School districts within the county would be required to purchase through a County Wide Contract for a particular custodial or food service, if such contract exists.
As part of the county-wide purchasing system, the county could establish a set-aside program for small, minority, and women-owned businesses pursuant to N.J.S.A.40A:11-42 for the provision of countywide services. The bill also makes clear that a county-wide purchasing system is not intended to require the privatization of any position currently filled by a public employee, but that any administrator whose position is eliminated due to a countywide purchasing system will receive terminal leave pay pursuant to N.J.S.A.40A:65-19 of the "Uniform Shared Services and Consolidation Act."
