[HISTORY: Adopted by the Township Committee of the Township of Shamong
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Political fundraising — See Ch. 38.
[Adopted 10-3-2006 by Ord. No. 2006-09-01]
It is the purpose of this article to award contracts in accord with
provisions adopted by the State Legislature, and codified at N.J.S.A. 19:44A-20.5,
which become effective on January 1, 2006.
Professional service contracts shall be awarded pursuant to the Local
Public Contracts Law at N.J.S.A. 40A:11-5(1)(a)(i), which requires the passage
of a resolution and publication of notice of award including a description
of the nature, duration, service and amount of the contract.
In accord with enabling legislation, codified at N.J.S.A. 19:44A-20.5,
taking effect on that date, the Township of Shamong, or any agency or instrumentality
thereof, shall not enter into a contract, including a professional service
contract, having an anticipated value in excess of $17,500 as determined by
the municipality, agency or instrumentality, with a business entity, except
a contract that is awarded pursuant to a fair and open process, if, during
the preceding one-year period, that business entity has made a contribution
that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any
municipal committee of a political party in that municipality if a member
of that political party is serving an elective public office of that municipality
when the contract is awarded or to any candidate committee of any person serving
in an elective public office of that municipality when the contract is awarded.
At the discretion of and by motion of the governing body, in addition
to the general requirements of the Local Public Contracts Law at N.J.S.A.
40A:11-5(1)(a), professional service contracts may be sought and awarded by
the governing body under the following competitive, quality-based, fair and
open process:
A.
Professional service contracts may be awarded by virtue
of a combined publicly advertised request for qualifications ("RFQ") and request
for proposals ("RFP") which will be issued as one document for professional
service appointments.
B.
For instances where the governing body elects to undertake
this additional process, no contract shall be awarded, unless and until the
positions are:
(1)
In accordance with the statute, advertised on the Township's
webpage or once in the official newspaper in sufficient time to give notice
in advance of the solicitation for the contracts;
(2)
Awarded under a process that provides for public solicitation
of proposals and qualifications;
(3)
Awarded and disclosed under criteria established in writing
by the Township prior to the solicitation of proposals or qualifications;
and
(4)
Publicly announced when awarded; and as to those RFQ's
and RFP's which do not receive a response, the Municipal Clerk shall
retain a copy of same on file for a period of not less than 60 days.
A Review Subcommittee shall be established consisting, as determined
by the Committee, of either: two members of the Township Committee, or one
member of the Township Committee and the Township Administrator, to prepare,
process and evaluate any RFQ and/or RFP issued pursuant to the contracting
procedures set forth above. Said Subcommittee shall evaluate the respective
qualifications and/or proposals, taking into consideration the designated
qualifications and/or performance criteria, experience, quoted fee and other
relevant factors in making a recommendation of award to the Township Committee;
and the Review Subcommittee may, in its sole discretion, conduct negotiations
with qualified vendors after receipt of proposals in order to achieve the
best possible contract terms and conditions for the Township and its taxpayers.
Notwithstanding the foregoing, the Township Committee recognizes that
the New Jersey Legislature has provided for the occurrence of certain emergencies,
and further recognizes that the procedure outlined above, even if initially
instituted and pursued on motion, might not be capable of being achieved in
the event of an emergency or similar time constraints. Thus, should such a
situation arise and time does not permit resort to this procedure and the
immediate performance of services is necessary, then an award for same may
be made in accordance with the provisions of the Local Public Contracts Law
relating to emergency contracts and such rules and regulations as may be promulgated
from time to time by the Township Committee with regard to same. No such emergency
contracts, however, may be awarded without submission to the Township Clerk
of a certification establishing the basis for the deviation from normal bid
procedures or the additional procedures set forth by this chapter.
