Township of Howell, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township of Howell 6-28-2005 by Ord. No. 0-05-20. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FAMILY MEMBER
Spouses, children, parents, grandparents, grandchildren, brothers, sisters, nieces, nephews, uncles, aunts, first cousins, mothers-in-law, fathers-in-law, sisters-in-law, brothers-in-law, sons-in-law and daughters-in-law.
PARTY OFFICIALS
A chairperson or vice chairperson of a Howell Township county political committee or the president and vice-president of a Howell Township political club or organization.
PROFESSIONAL SERVICES
As defined at N.J.S.A. 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services may also mean services rendered in the provision or performance of goods or services that are original and creative in character in a recognized field of artistic endeavor.
[Amended 3-7-2017 by Ord. No. 0-17-01]
[Amended 9-20-2005 by Ord. No. 0-05-27; 3-7-2017 by Ord. No. 0-17-01]
General provisions.
A. 
The Municipal Township shall award all contracts or agreements in excess of the statutory maximum (currently $17,500) pursuant to N.J.S.A. 19:44A-20.4 et seq., and N.J.S.A. 19:44A-20.26 for the provision of a professional services contract on the basis of qualifications and other selection criteria.
B. 
Professional services contract requests for proposal shall be published at least 20 days prior to the receipt of sealed proposals for any contract for professional services.
C. 
The public notice shall be:
(1) 
Prominently posted in a public place reserved for Sunshine Law notices;
(2) 
Mailed, telephoned, electronically mailed, faxed or hand delivered to at least two official newspapers designated to receive such notices and because they have the greatest likelihood of circulation and the ability to reach a greater audience and posted on the Township website; and
(3) 
Filed with the Township Municipal Clerk.
D. 
The public notice shall, at minimum, include:
(1) 
A description of the professional services required, and a brief description of tasks involved.
(2) 
The stated location in the Township where standardized submission requirements and selection criteria are on file and available for public inspection.
(3) 
Deadline and place for all submissions.
E. 
Standardized submission requirements shall include:
(1) 
Current name of firm, company, corporation or LLC, any previous trade names, length of operation under prior and current name. Names of individual staff members, number of years with the firm, expertise and what will be his/her assigned tasks.
(2) 
References for firm, company, corporation or LLC, for the past five years for similar type work and include contact names and phone numbers.
(3) 
Description of on time, within budget examples of prior work experience in performance of assigned tasks.
(4) 
Cost details, including the hourly rates for each of the individuals who will be assigned to the contract and time estimates for the completion of the contract for those individuals, including any allowable reimbursable expenses and, where appropriate, a total cost for the entire project.
F. 
The selection criteria to be used in awarding a contract for professional services shall include:
(1) 
Qualifications of the individuals who will perform the tasks and the amounts of their respective assigned contract hours.
(2) 
Years of experience and references including contact information for said references.
(3) 
Ability to perform the task in a timely fashion, and familiarity with subject matter.
(4) 
Cost consideration, including but not limited to historical costs for similar professional services, and the expertise involved for the performance of similar services.
G. 
All submissions shall be kept on file during the term of the related contract, and shall be public records after the deadline for the submission of proposals. This paragraph is subject to Open Public Records Act (OPRA)[1] exemptions or exclusions to protect privacy rights.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
H. 
The governing body shall publicly discuss the merits of all proposals and memorialize its reasons for selection in a resolution authorizing the award of any contract for professional services.
I. 
In the event that compliance with part or all of the requirements of this chapter is impracticable as regards a particular contract, the Township Council may waive part or all of the requirements by a majority vote of the full Council in the appointing resolution, setting forth with specificity the reasons such waiver is required.
J. 
All contract awards under this section shall remain subject to the provisions of the Local Public Contracts Law as set forth in N.J.S.A. 40A:11-1 et seq. and rules as set forth in N.J.A.C. 5:34-1 et seq., 5:30-5.1 et seq., 5:30-11.1 et seq., N.J.S.A. 19:44A-20.4 et seq., and N.J.S.A. 19:44A-20.26.
[Amended 9-20-2005 by Ord. No. 0-05-27; 3-7-2017 by Ord. No. 0-17-01]
A. 
All elected officials of the Township of Howell shall be prohibited from the following:
(1) 
Accepting campaign contributions from any firm or person engaged in the business of residential or commercial development within the State of New Jersey. This provision applies to any firm, partnership or corporation whose primary business purpose is the development of major subdivisions and site plans of either residential or commercial nature, whether their primary offices are located within the geographic boundaries of the State of New Jersey or outside those boundaries.
(2) 
The acceptance of gifts of any kind regardless of their monetary value from any person doing business with the Township or seeking to do business with the Township. This includes, but is not limited to, accepting gifts from persons with applications in front of any Township board, agency or commission at any time. This also includes the prohibition of gifts from any professionals representing an applicant in front of any Township boards, agencies or commissions. A "gift" refers to items with or without monetary value, including food items, complimentary tickets to events, dinners or other activities. Such prohibition will apply an additional 12 months after an elected official leaves office. Each elected official shall, after January 1 of the calendar year in which he or she is elected, be provided a copy of this chapter, as well as the Code of Conduct and N.J.S.A. 40:69A-98, which shall serve as acknowledgement of the elected official's understanding and adherence to same.
(3) 
Food or refreshments provided to Mayor and Council and staff through the Manager's or Clerk's office during business meetings or during discussions or conferences involving any member of Mayor and Council addressing official Township business is exempted from the provisions of this section.
A. 
The Township Manager, in cooperation with the Mayor and Council, shall enact and adopt policies and regulations to regulate the conduct and professionalism of all Township employees. This code should be adopted by a resolution and incorporated into this chapter by reference.
B. 
The Mayor and Council shall also enact for all elected and appointed officials a similar code, and it shall be published and displayed in every Township building. Said final codes shall be adopted by resolution and incorporated into this chapter by reference.
C. 
Employees shall be prohibited from working in a department of the Township if a family member is a superior to the employee in that department. The Manager shall transfer the employee or the superior within 180 days from the effective date of this chapter or as soon as an appropriate lateral position becomes available in another department. If the manager determines that there is no compatible position for a lateral transfer, the manager shall so report to the governing body with his or her recommendation that that individual remain in that position.
D. 
Upon the effective date of this chapter, the Manager shall be prohibited from hiring a member of his or her family to any position within the Township. Family members of any members of the governing body are prohibited from being hired by the Township during the course of their term as an elected official. This prohibition shall continue for a period of 12 months immediately following the vacation of office by the elected official. However, this prohibition shall not apply to family members of any members of the governing body who are seeking part-time employment and are under the age of 25. Family members of Township professionals or outside consultants are prohibited from being employed or hired by the Township during the period of their appointment.
[Amended 9-20-2005 by Ord. No. 0-05-27; 3-16-2015 by Ord. No. 0-15-13]
E. 
Party officials are prohibited from being hired by the Township for a period of 12 months after they terminate their appointment or official position. Family members of a party official are prohibited from being hired by the Township for a period of 12 months after they leave office. However, this prohibition shall not apply to family members of any party official who are seeking part-time employment and are under the age of 25.
[Amended 9-20-2005 by Ord. No. 0-05-27; 3-16-2015 by Ord. No. 0-15-13]
F. 
The Township Manager or any other Township official with the capacity to appoint or employ individuals are prohibited from appointing a family member or party official to any board, commission or agency in which the family member or party official is entitled to salary and/or retirement benefits or other fringe benefits.
G. 
Any person or persons found to have violated provisions of this chapter shall be subject to sanctions and/or penalties as set forth under the New Jersey Local Ethics Law or ordinances of the Township of Howell.
[Added 9-20-2005 by Ord. No. 0-05-27]