[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-2007 by Ord. No. 842-2007]
The Borough of Northvale does hereby adopt the fair and open process pursuant to N.J.S.A. 19:44A-20.1 et seq., as the same may be amended from time to time. Any professional service entity providing services to the Borough of Northvale shall be subject to a fair and open process, the criteria as is set forth in this article.
No contracts for professional services, as that term is defined in the Local Public Contracts Law, N.J.S.A. 40A:11-2, shall be awarded after the date of the adoption of this article, unless the following competitive, quality-based, fair and open process is followed:
Professional services shall be awarded by virtue of a publicly advertised request for qualifications made on an annual basis, such as, but not limited to, Borough Attorney, Borough Engineer, Special Tax Appeal Attorney, Joint Planning Board/Board of Adjustment Attorney, Joint Planning Board/Board of Adjustment Engineer, Environmental Engineer, Borough Auditor and such similar public positions.
For said positions, no contract shall be awarded, unless and until the positions are:
Advertised in the official newspaper of the Borough in sufficient time to give notice in advance of the solicitation for the contracts;
Awarded under a process that provides for public solicitation of qualifications;
Awarded and disclosed under criteria established in writing by the Borough prior to the solicitation of qualifications; and
Publicly announced when awarded; and as to those RFQs which do not receive response, the Municipal Clerk shall retain a copy of same on file for a period of not less than 60 days.
The Borough Clerk is authorized to advertise for RFQs in the official newspaper of the Borough and to post same on the Borough's website. The criteria to be established as the basis for the award need not be set forth in the public notice but shall be set forth in the document requesting proposals. The public notice shall:
Provide at least 10 calendar days' notice prior to the designated date for receipt of responses to the RFQs;
Include the date, time and place and manner of receipt of responses to the RFQs;
Include a description of the goods or services, and contact information for obtaining the RFQ document; and
A statement that the proposal or qualifications are being solicited in a fair and open process in accordance with N.J.S.A. 19:44a-1 et seq.
The applicant's qualifications shall consist of, but not be limited to, the following:
In the event that the applicant is a professional acquiring licensure in the State of New Jersey, the applicant shall be licensed for a period not less than five years.
The applicant shall, at the request of the governing body, submit a certificate of good standing or other similar document evidencing that the professional's license is not presently suspended or revoked.
The applicant shall submit a resume, which shall set forth information including, but not limited to, the following (as applicable to a business entity or individual professional):
Full name and business address;
A listing of post high school education of the applicant;
Dates of licensure in the State of New Jersey and/or any other state;
A listing of any professional affiliations or memberships in any professional societies or organizations, with an indication as to any offices held therein;
The number of licensed professionals employed by/affiliated with the business entity or the business entity which employs the applicant;
A listing of special accreditations held by the individual licensed professional or business entity; and
A listing of previous public entities served by the business entity or licensed professional, including the dates of service and positions held.
The applicant shall submit in its response to an RFQ such other information as may be requested by the governing body in the RFQ.
Notwithstanding the foregoing, the Borough recognizes that the New Jersey Legislature has provided for the occurrence of certain emergencies, and further recognizes that, therefore, the procedure outlined above might not be capable of being achieved in the event of an emergency or similar time constraints. Accordingly, should such a situation arise, and time does not permit resort to the procedure set forth above, 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 any such rules and regulations as may be promulgated, from time to time, by the Borough, without submission to the Borough Clerk of a certification establishing the basis for the deviation from the procedures outlined herein.
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
All contracts awarded pursuant to this article shall be by resolution which shall include a statement that the contract was awarded pursuant to the fair and open process.