[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 10-6-2005 by Ord.
No. 2005-16. Amendments noted where applicable.]
Any other provision of the law to the contrary notwithstanding,
the Township or any board, authority, agency or instrumentality thereof
(hereinafter referred to as "Municipal Appointing Authority"), shall
not enter into a contract having an anticipated value in excess of
$17,500 as determined in advance and certified in writing by the Municipal
Appointing Authority, or its designee, 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
political contributions that are reportable by the recipient under
N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political
party in the Township if a member of that political party is serving
in an elective public office of the Township when the contract is
awarded or to any candidate committee of any person serving in an
elective public office of the Township when the contract is awarded;
and
A business entity that has entered into a contract having an
anticipated value in excess of $17,500 with the Municipal Appointing
Authority, except a contract that is awarded pursuant to a fair and
open process, shall not make such a contribution, reportable by the
recipient under N.J.S.A. 19:44A-1 et seq., during the term of the
contract, to any municipal committee of a political party in the Township
if a member of that political party is serving in an elective public
office of the Township when the contract is awarded, or to any candidate
committee of any person serving in an elective public office of the Township
when the contract is awarded, during the term of the contract. In
the alternative to proceeding with the fair and open process described
herein, the Municipal Appointing Authority thereof may award a contract
to a business entity for an amount in excess of $17,500, pursuant
to procedures prescribed by the New Jersey Local Public Contracts
Law[1] and without competitive bidding or competitive proposals.
However, such award may be made only if the recipient of the contract
provides a written certification that it has not made a political
contribution which would bar the award of the contract to it.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
A.
Any professional service entity or other business entity providing services to the Township shall be subject to a fair and open process for selection. That fair and open process shall be set forth in Subsection B below, which shall establish a criteria for the fair and open process. Included in that criteria and made a part hereof shall be some or all of the following: accessibility; understanding of the assignment; methodology/plan for accomplishing the assignment; general experience; experience specific to the assignment; sufficiency of resources to perform the task.
B.
The fair and open process established by the Township shall require
the following:
(1)
The solicitation of proposals or qualifications for any professional
position, service contract, or other contract not subject to bidding
pursuant to N.J.S.A. 40A:11-5, that shall expire as of December 31
of that calendar year shall be published and advertised by the Municipal
Appointing Authority or its designee either in the official newspaper
of the Township for publication of notices, or on the Township's website
in sufficient time to give notice in advance of the contract solicitation.
The published notice shall set forth the name of the position or contract
which is to become open, set forth the criteria to be considered and
materials required to be submitted by the applicant/proposer and a
date, time and place when the proposals or qualifications shall be
publicly opened.
(2)
Should the applicant/proposer be a professional acquiring licensure
in the State of New Jersey, said applicant/proposer shall be licensed
for a period not less than five years.
(3)
If the applicant/proposer is not a professional and/or the contract
to be awarded is not a professional services contract, the applicant/proposer
shall provide a certificate of good standing or other similar document
evidencing that it is authorized to do business in the State of New
Jersey.
(4)
The applicant/proposer 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):
(a)
Full name and business address;
(b)
A listing of all post-high school education of the applicant/proposer;
(c)
Dates of licensure in the State of New Jersey and any other
state;
(d)
A listing of any professional affiliations or memberships in
any professional societies or organizations, with an indication as
to any offices held therein;
(e)
The number of licensed professionals employed by/affiliated
with the business entity or the business entity which employs the
applicant/proposer;
(f)
A listing of all special accreditations held by the individual
licensed professional or business entity; and
(g)
A listing of all previous public entities served by the business
entity or licensed professional, indicating the dates of services
and position held.
C.
The Municipal Appointing Authority shall thereafter publicly select
the professional or business entity for the position so advertised
which shall thereafter be confirmed or approved as required by law
or ordinance.
D.
The awarded contract shall be publicized in the official newspaper
of the Township for publication of notices in accordance with N.J.S.A.
40A:11-5.
E.
Consistent with the provisions of N.J.S.A. 19:44A-20.7, the Township's
determination of what constitutes a fair and open process shall be
final. Fair and open may necessarily be implemented differently for
different categories of procurement depending on the subject matter
of the procurement, and the nature and nuances of the industry providing
the services or product, but in every instance, the principles of
fair and open shall be maintained.
F.
If any sentence, paragraph or section of this chapter or the application
thereof to any persons or circumstances shall be adjudged by a court
of competent jurisdiction to be invalid, or if by legislative action,
any sentence, paragraph or section of this chapter shall lose its
force and effect, such judgment or action shall not affect, impair,
or void the remainder of any of the provisions of this chapter.
G.
The purpose of this chapter is to comply with the provisions of N.J.S.A.
19:44A-20.5 et seq. The definitions as set forth in that statute are
referred to and incorporated into this chapter.
