It is the purpose of this chapter 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.
Effective January 1, 2006, in accord with enabling legislation
codified at N.J.S.A. 19:44A-20.5 taking effect on that date, The Township
of Riverside, 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 services 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)
Advertised 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 RFQs and RFPs 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.
[Amended 2-25-2019 by Ord. No. 2019-02]
The Township Clerk shall receive and open RFPs/RFQs as promulgated
by N.J.S.A. 19:44A-20.5. The Township Clerk shall prepare a list of
the RFPs/RFQs received and opened and forward said list to the Township
Committee for the review and recommendation of award.
Notwithstanding the foregoing, the Township Committee recognizes
that the New Jersey Legislature has provided for the occurrence of
certain emergencies, and further recognizes that, therefore, 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.
