ASSEMBLY, No. 178

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen GIBSON and ASSELTA

 

 

An Act concerning interlocal service contracts and amending P.L.1973, c.208.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 6 of P.L.1973, c.208 (C.40:8A-6) is amended to read as follows:

    6. a. A contract made pursuant to this act shall specify:

    (1) the exact nature and extent of the services to be performed jointly or by one or more of the parties as agent for any other party or parties;

    (2) measurable standards of the level, quality and scope of such performance, with specific assignment and allocation of responsibility for meeting such standards between or among the parties;

    (3) the estimated cost of such services throughout the duration of the contract, with allocation thereof, to the parties, in dollar amounts or by formula, including a time schedule for periodic payment of installments of such allocations; which specification may include provision for the periodic modification of estimates or formulas contained therein in the light of actual experience and in accordance with procedures to be specified in the contract;

    (4) the duration of the contract, which shall be for 7 years, unless otherwise agreed upon by the parties;

    (5) the procedure for payments to be made under the contract.

    b. Such contract may provide for binding arbitration or for binding factfinding procedures to settle any disputes or questions which may arise between the parties as to interpretation of the terms of the contract or the satisfactory performance by any of the parties of the services and other responsibilities provided for in the contract.

    c. For the purposes of this act, any party performing a service under such a contract is the general agent of any party or parties on whose behalf such service is performed pursuant to the contract, and such agent party shall have full powers of performance and maintenance of the service contracted for and full powers to undertake any ancillary operation reasonably necessary or convenient to carry out its duties, obligations and responsibilities under the contract, including all powers of enforcement and administrative regulation which are or may be exercised by the party on whose behalf it acts pursuant to the contract, except as such powers are limited by the terms of the contract itself, and except that no contracting party shall be liable for any part or share of the cost of acquiring, constructing or maintaining any capital facility acquired or constructed by an agent party unless such part or share is provided for in the contract or in an amendment thereto which shall have been ratified by the contracting parties in the manner provided in this act for entering into a contract.

    d. Except as the terms of any contract may explicitly or by necessary implication provide, any party to a contract entered into pursuant to this act may enter into another contract or contracts with any other eligible parties for the performance of any service or services pursuant to this act; and participation in one such contract shall not bar participation with the same or other parties in any other contract.

    In addition to the specifications set forth in subsections a. through d. of this section, and notwithstanding the provisions of P.L.1978, c.63 (C.40A:9-1.3 et seq.), a contract made pursuant to the provisions of the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et al.) may also contain a requirement that any officer or employee who will be performing the service that is the subject of the contract shall be a resident of a municipality that is a party to the contract, or shall become a resident of a municipality that is a party to the contract not more than one year after the date of his or her appointment.

(cf: P.L.1973, c.208, s.6)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill permits the inclusion in an interlocal service agreement of a provision requiring that any officer or employee who will be performing the service that is the subject of the interlocal service agreement shall be a resident of one of the municipalities that is a party to the contract, or shall become a resident of a municipality that is a party to the contract not more than one year after the date of his or her appointment.

    Under the provisions of P.L.1978, c.63 (C.40A:9-1.3 et seq.), the governing body of any county or municipality may by ordinance or resolution, as appropriate, require the residency of its officers and employees. The provisions of this bill would permit the municipalities that are parties to an interlocal service agreement to make the same requirement for any officer or employee who will be performing the service that is the subject of the interlocal service agreement.

 

 

 

Permits residency requirement as part of interlocal service contract.