[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-22-2005 by Ord. No. 23-2005]
A. Any
other provision of the law to the contrary notwithstanding, the Borough,
or any agency or instrumentality thereof, 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 Borough, 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 political 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 the Borough if a member of that
political party is serving in an elective public office of the Borough
when the contract is awarded or to any candidate committee of any
person serving in an elective public office of the Borough when the
contract is awarded; and
B. A
business entity that has entered into a contract having an anticipated
value in excess of $17,500 with the Borough or any agency or instrumentality
thereof, 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. to any municipal committee
of a political party in the Borough if a member of that political
party is serving in an elective public office of the Borough when
the contract is awarded or to any candidate committee of any person
serving in an elective public office of the Borough when the contract
is awarded, during the term of that contract.
A. Any professional service entity or other business entity providing services to the Borough of Clayton 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.
B. The
fair and open process established by the Borough of Clayton shall
require the following:
(1) Any professional position or service contract not subject to bidding
that shall expire as of December 31 of that calendar year shall be
advertised by the Mayor's office, appointing authority or board,
as the case may be, in the official newspaper of the Borough of Clayton
for publication of notices and published on the Borough's website
not later than December 10. The published notice shall set forth the
name of the position or contract which is to become open and set forth
the criteria to be considered and materials required to be submitted
by the applicant.
(2) Should the applicant be a professional acquiring licensure in the
State of New Jersey, said applicant shall be licensed for a period
not less than five years.
(3) The applicant shall submit a "certificate of good standing" or other
similar document evidencing that the professional's license is
not presently suspended or revoked.
(4) The applicant 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.
(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.
(f) A listing of all special accreditations held by the individual licensed
professional or business entity.
(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
Mayor, appointing authority or board shall thereafter select the professional
or business entity for the position so advertised which shall thereafter
be confirmed or approved as required by law or ordinance.