Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Logan as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-5-2006 by Ord. No. 8-2006]

§ 12-1 Prohibitions.

A. 
Any other provision of the law or ordinance 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
B. 
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 contact is awarded, during the term of the contract.

§ 12-2 Fair and open process.

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:
(1) 
Accessibility.
(2) 
Understanding of the assignment.
(3) 
Methodology/plan for accomplishing the assignment.
(4) 
General experience.
(5) 
Experience specific to the assignment.
(6) 
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 professional services agreements, exemptions as outlined in N.J.S.A. 40A:11-5, as well as "window contract," which constitutes the amount of a contract between $17,500 and the Township's bid threshold adopted by the governing body which is exempt from the state public bidding laws, that shall expire on 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 Web site, not less than 10 days prior to the date and time when the proposals or qualifications shall be publicly opened to give notice in advance of the contract solicitation.
(2) 
Should the applicant/proposer be a professional requiring licensure in the State of New Jersey, said applicant/proposer shall be licensed for a period of not less than five years, shall submit a "certificate of good standing" from the New Jersey State certified board and shall submit a resume, which shall include but is not limited to the following:
(a) 
Full name, business address and telephone number;
(b) 
A list of all post high school education of the applicant/proposer;
(c) 
Date 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 of the offices held therein;
(e) 
The number of licensed professionals employed by/affiliated with the professional and/or business entity which employs the applicant/proposer;
(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 licensed professional or business entity, indicating the dates of services and position held;
(h) 
A business registration certificate issued by the New Jersey Secretary of State evidencing that the professional/business entity is authorized to do business in the State of New Jersey.
(3) 
If the applicant/proposer is not a professional and/or the contract to be awarded is not for professional services, the applicant/proposer shall submit the following:
(a) 
Full name, business address and telephone number;
(b) 
A listing of any business affiliations or memberships in any business societies or organizations, with an indication of the offices held therein;
(c) 
The number of employees employed by/affiliated with the business entity;
(d) 
A listing of all special accreditations held by the business entity;
(e) 
A listing of all previous public entities served by the business entity, indicating the dates of services and position held;
(f) 
A business registration certificate issued by the New Jersey Secretary of State evidencing that the business entity is authorized to do business in the State of New Jersey.
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. 
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 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.

§ 12-3 Non-fair and open process.

A. 
In the alternative to proceeding with the fair and open process described herein above, the municipal appointing authority may award a contract in excess of $17,500 for professional services agreements, exemptions as outlined in N.J.S.A. 40A:11-5, as well as "window contracts," which constitutes the amount of a contract between $17,500 and the township's bid threshold adopted by the governing body which is exempt from the state public bidding laws, without competitive bidding or competitive proposals through a non-fair and open process provided that:
(1) 
Such contributions do not exceed the limits set forth as established under P.L. 2004 Chapter 19 at $300 per elections' cycle; or
(2) 
Such contributions do not exceed the limits set forth via resolution by the governing body in accordance with P.L. 2005 Chapter 271, wherein it permits local units to adopt measures limiting the awarding of public contracts to business entities that have made contributions allowed under state ELEC laws; and
(3) 
Provided that the business entities receiving non-fair and open contracts submit a business entity disclosure certification pursuant to Chapter 19, as well as a political contribution disclosure pursuant to Chapter 271 to the municipal appointing authority no later than 10 days prior to the contract being awarded; and
(4) 
Businesses awarded contracts in excess of $50,000 a year must file an annual disclosure on political contributions with the Election Law Enforcement Commission (ELEC).

§ 12-4 Public emergency.

The disclosure provisions do not apply in those cases where there is a public emergency that requires the immediate delivery of goods or services for the public's health, safety and welfare.

§ 12-5 Severability.

A. 
If any sentence, paragraph or section of this article 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 article 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 article.
B. 
The purpose of this article is to comply with the provisions of N.J.S.A. 19:44A-20.5 et seq, and N.J.S.A. 40A:11-51. The definitions as set forth in these statutes are referred to and incorporated into this article.