Title 18A, Title 18A: EDUCATION

18A:64A-25.2. Definitions 2. As used in this article, unless the context otherwise indicates: a. "Board of trustees" means the board of trustees of a county college and the community college commission of a community college agency; b. "County college" means any body corporate kn…

18A:64A-25.20. Award of contracts when bids are equal Whenever two or more quotations or bids of equal amounts are the lowest quotations or bids submitted by responsible parties, the county college may award the contract to any one of such parties, as, in its discretion, it may d…

18A:64A-25.22. Liquidated damages Any purchase, contract or agreement made pursuant to this article may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform said contract or agreement in accordance with its terms and co…

18A:64A-25.23. Application of article and subdivision Purchases, contracts or agreements for the construction of buildings and other improvements shall be subject to all the terms and conditions of this article and to the terms and conditions of this subdivision H. L.1982, c. 189…

18A:64A-25.24. Plans and specifications, drawn or supervised by appropriate officer All plans and specifications for the erection, alteration, improvement or repair of college buildings shall be drawn by or under the supervision of an appropriate officer employed by the college t…

18A:64A-25.24a Definitions. 18. As used in sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h): "Acceptance" means the adoption of a law, ordinance, or resolution by the State of New Jersey, any of its political subdivisions, any authority created…

18A:64A-25.24b Entry into design-build contracts permitted. 19. a. If a contracting unit determines in its discretion that the design-build approach meets their needs better than the traditional design-bid-build approach established under New Jersey public procurement statutes fo…

18A:64A-25.24c Procedures for awarding design-build contracts. 20. a. The contracting unit shall adopt the following procedures for awarding design-build contracts: (1) The contracting unit shall either appoint a licensed and prequalified design professional, or designate an empl…

18A:64A-25.24d Evaluation factors contained in proposals. 21. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 18 of P.L.2021, c.71 (C.18A:64A-25.24a). The design professional or designat…

18A:64A-25.24e Inclusions in solicitations for design-build contract. 22. a. Solicitations for each design-build contract shall include, but not be limited to, the following: (1) The identity of the contracting unit which shall award the design-build contract; (2) The procedures …

18A:64A-25.24f Inclusions on design-build team. 23. a. Each design-build team shall include a licensed or prequalified design professional independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional shall be named in an…

18A:64A-25.24g Submission of received proposals. 24. a. Once received, proposals shall be submitted to the design professional or designated employee retained by the contracting unit. No proposal shall be considered until certification is issued by the design professional or desi…

18A:64A-25.24h Regulations. 25. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Secretary of Higher Education shall adopt, immediately upon filing with the Office of Administrative Law, regulations t…

18A:64A-25.25 Cost over threshold level; separate plans and specifications; bids; advertisement; award of contract; payment to subcontractor. 25. a. In the preparation of plans and specifications for the construction, alteration or repair of any building by a county college, when…

18A:64A-25.26. Specifications All specifications for the doing of any such construction work for a county college shall fix the date before which the work shall be completed, or the number of working days to be allowed for its completion, and every such contract shall contain a p…

18A:64A-25.26a County colleges may use electronic procurement processes. 12. Notwithstanding any provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.) to the contrary, a county college may use electronic procurement processes for public works …

18A:64A-25.27 Authorization; resolution; method. 27. Any county college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes: a. If the estimated fair value of the property to be sold exce…

18A:64A-25.28 Duration of certain contracts. 28. Duration of certain contracts. A county college may only enter into a contract exceeding 24 consecutive months for the: a. Supplying of: (1) Fuel for heating purposes for any term not exceeding in the aggregate three years; or (2) …

18A:64A-25.3 Purchases, contracts and agreements not requiring advertising. 3. a. Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, the cost or price of which, together with any sums expended for the performa…

18A:64A-25.30. No action for damages for action by officials 30. No action for damages shall lie against the Board of Higher Education, the Commission on Higher Education, the Presidents' Council, any State official, any county college or its board of trustees or any of its offic…

18A:64A-25.31. Indemnity agreement with the United States, etc. Any county college may enter into an agreement indemnifying the United States of America or any board, body, officer or agency thereof from any liability for loss or damage to the person or property of others resulti…

18A:64A-25.32. Contracts, etc.; validated and confirmed Any action, purchase, sale, contract or agreement taken, made or entered into prior to the effective date of this article is hereby validated and confirmed; provided that in no event shall multi-year leases or contracts ente…

18A:64A-25.33. Definitions Definitions. For the purposes of this act: a. "Fund" means a joint self-insurance fund established by a county college insurance group pursuant to this act. The joint self-insurance fund is a fund of public moneys from contributions made by members of a…

18A:64A-25.34. Insurance authorized Insurance authorized. Any county college is authorized to insure, contract or provide for any insurable interest of the college in the manner authorized by section 3 of this act, for the following: a. Any loss or damage to its property, real or…

18A:64A-25.35. County college insurance group County college insurance group. a. Any two or more county colleges may form and become members of a county college insurance group. A county college may take this action by resolution of the board of trustees of the county college. Th…

18A:64A-25.36. Bylaws of the group; trustees; powers Bylaws of the group; trustees; powers. a. The bylaws of any county college insurance group shall: (1) Set forth a statement of purposes of the group; (2) Set forth provisions for organization of the group, including governance …

18A:64A-25.37. Trustees; number and qualifications Trustees; number and qualifications. The board of trustees of any county college insurance group shall have no fewer than three nor more than 15 trustees. Each trustee shall be a natural person 18 years of age or older who is a r…

18A:64A-25.38. Trustees; compensation Trustees; compensation. No trustee shall be paid a salary, except that the written trust instrument may provide for reimbursement for actual expenses incurred on behalf of the trust fund and for compensation not to exceed $200.00 for any day …

18A:64A-25.39. Review of bylaws; investigations by the Commissioner of Insurance Review of bylaws; investigations by the Commissioner of Insurance. a. No county college insurance group, nor any joint self-insurance fund of the group, may begin functioning as a means of providing …

18A:64A-25.4. Contracts and agreements requiring advertising Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price of which is to be paid with or out of college funds, not included with…

18A:64A-25.40. Insurance fund participation authorized In any county which has established an insurance fund pursuant to N.J.S. 40A:10-6 or is a joint member of an insurance fund pursuant to P.L. 1983, c. 372 (C. 40A:10-36 et seq.), the board of trustees of a county college locat…

18A:64A-25.41. Contract requirements Any contract entered into between the board and the county governing body shall, at a minimum, specify the type and scope of coverage to be afforded, the premium basis for all insurance carried, the method of payment by the county college and …

18A:64A-25.42. Appropriation of funds Funds for premiums required by the contract between the board of trustees and the governing body of the fund shall be appropriated and paid as set forth in the contract in the same manner as appropriations are made for other expenses of the c…

18A:64A-25.43 Civil action brought on behalf of county college. 9. a. A county college as defined in and subject to the provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.), shall implement and comply with the provisions of P.L.2012, c.25 (C.…

18A:64A-25.44 County college compliance; report of false certification. 5. a. A county college as defined in and subject to the provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.), shall implement and comply with the provisions of P.L.2022, …

18A:64A-25.5 Exceptions to requirement for advertising. 5. Any purchase, contract or agreement of the character described in section 4 may be made, negotiated or awarded by the county college by resolution at a public meeting of its board of trustees without public advertising fo…

18A:64A-25.6 Emergency purchases and contracts. 6. Any purchase, contract, or agreement may be made, negotiated or awarded by a county college without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed $25,000 or, commenc…

18A:64A-25.7. Contracts not to be divided 18A:64A-25.7. Contracts not to be divided 7. No purchase, contract or agreement which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the purchase, contract or agreement inc…

18A:64A-25.8. Periodic solicitation of bids Except as provided in section 28, every county college shall, on an annual basis or at such lesser intervals as may be fixed by it, solicit by public advertisement the submission of bids for the furnishing of all work, materials and sup…

18A:64A-25.9 County college purchases through State agency; procedure. 9. a. Any county college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant …

18A:64A-26. Council of County Colleges established 18A:64A-26. There is established a body corporate and politic, with succession, to be known as the New Jersey Council of County Colleges. The county colleges and the county college commissions shall be members of the council. L.1…

18A:64A-27. Membership; alternates; compensation 18A:64A-27. The council shall consist of the presidents and chairmen of the boards of trustees of the several county community colleges and of the county college commissions. A trustee board chairman may designate another member of…

18A:64A-28. Annual organization meeting 18A:64A-28. The council shall organize annually by the election of a chairman, vice chairman and such other officers as the council shall determine. Such officers shall serve until the following annual organizational meeting and until their…

18A:64A-28.1. Officers; rules The council shall select such officers and make such rules as may be necessary for the transaction of business. L.1989,c.141,s.5.

18A:64A-28.2. Perpetual succession; powers, responsibilities. 6. The council shall have perpetual succession and shall have the following powers and responsibilities: a. To make, amend, and repeal rules, regulations, and bylaws for its own government and guidance, not inconsisten…

18A:64A-28.2a Council of County Colleges to act as lead agency. 3. The Council of County Colleges may act as the lead agency for the joint procurement of goods or services by county colleges pursuant to the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).…