[Added 1-5-2006 by Ord. No. 29-2005]
It is the purpose of this section that, notwithstanding
that professional services contracts are exempt from the competitive
bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq., the Township Council deems it appropriate, in order to avoid
any perception that professional services contracts are awarded in
consideration for, e.g., political contributions or other considerations,
that it make clear that said contracts, consistent with the provisions
of recently enacted New Jersey legislation, shall henceforth be awarded
through a competitive, quality and experience-based, fair and open
process.
[Amended 11-5-2014 by Ord. No. 13-2014]
No professional services contracts, as that term is used in
the Local Public Contracts Law,[1] shall be awarded after the date of the adoption of this
section, unless the following competitive, quality-based, fair and
open process is followed:
A.
Professional services shall 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 those appointments
which are made on an annual basis, such as, but not limited to, the
positions of: Township Attorney, Special Counsel for Labor Law, Special
Counsel for Worker's Compensation Law, Special Counsel for Tax Appeals,
Special Counsel for specific litigation matters, Township Engineer,
Township Auditor, Prosecutor/Alternate Prosecutor, Public Defender/Alternate
Public Defender, Conflicts Municipal Court Judge, Special Projects
Engineer, Township Planner, Risk Management Consultant, and such similar
statutory and/or ordinance public positions.
B.
For said positions, no contract shall be awarded unless and until
the positions are:
(1)
Advertised on the official Township Website 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 of Pemberton 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.
C.
For contracts which arise on an occasional basis, such as appraisals
needed for the acquisition of farmland and/or open space, as well
as title searches, surveying and similar work associated with same,
and similar projects of this type, professional services shall be
awarded only after receipt of publicly advertised RFQs, and after
which a limited number of the best qualified vendors would be identified,
and the proposals would then be solicited therefrom and the contract
awarded in accordance with the process set forth above.
D.
Emergency contracts. Notwithstanding the foregoing, any contract
may be negotiated or awarded without public advertising for bids and
bidding therefor notwithstanding that the contract price will exceed
the bid threshold, when an emergency affecting the public health,
safety or welfare requires the immediate delivery of goods or the
performance of services provided that the contract is made pursuant
to the requirements set forth in the Local Public Contracts Law at
N.J.S.A. 40A:11-6 and rules and regulation promulgated by the Division
of Local Government Services of the New Jersey Department of Community
Affairs.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
