[HISTORY: Adopted by the Township of Howell 6-28-2005 by Ord. No.
O-05-20. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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. O-17-01]
[Amended 9-20-2005 by Ord. No. O-05-27; 3-7-2017 by Ord. No. O-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:
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. O-05-27; 3-7-2017 by Ord. No. O-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 such 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. O-05-27; 3-16-2015 by Ord. No. O-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. O-05-27; 3-16-2015 by Ord. No. O-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. O-05-27]
