[HISTORY: Adopted by the Mayor and Council of the City of Woodbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-26-2007 by Ord. No. 2060-07]
The City of Woodbury enacts an article to be known as an "Ordinance Establishing a Fair and Open Process for the Award of Professional Service Agreements and Other Agreements with Business Entities," as consistent with the provisions of N.J.S.A. 19:44A-20.4 et seq.
The fair and open process established by the City of Woodbury shall require the following:
The solicitation of proposals for any professional position, service contract or other contract not subject to bidding pursuant to N.J.S.A. 40A:11-5 that shall expire as of December 31 of the subsequent year shall be published and advertised by the City of Woodbury, or its designee, either in the official newspaper of the City of Woodbury for publication of notices or on the City of Woodbury's website within 10 days of the date of opening of the solicitations in the instant year. 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/proposer, a date, time and place when the proposals or qualifications shall be publicly opened, contact information for obtaining proposal documents, the name of the agency requesting the proposal and a statement that the proposal is being solicited through a fair and open process pursuant to N.J.S.A. 19:44-20.5.
Should the applicant/proposer be a professional acquiring licensure in the State of New Jersey, said applicant shall be licensed for a period of not less than five years.
If the applicant/proposer is not a professional and/or the contract to be awarded is not a professional services contract, the applicant/proposer shall provide a certificate of good standing or other similar document evidencing that it is authorized to do business in the State of New Jersey.
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):
Full name and business address;
A listing of all post-high-school education of the applicant/proposer;
Dates of licensure in the State of New Jersey and any other state;
A listing of any professional affiliations or memberships in any professional societies or organizations, with an indication as to any offices held therein;
The number of licensed professionals employed by/affiliated with the business entity or the business entity which employs the applicant/proposer;
A listing of all special accreditations held by the individual licensed professional or business entity;
A listing of all previous public entities served by the business entity or licensed professional, indicating the dates of services and position held.
The City of Woodbury 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.
The awarded contracts under a fair and open process shall be publicized on the website of the City of Woodbury. The contracts awarded under a non-fair-and-open process shall be published in accordance with N.J.S.A. 40A:11-5.
Consistent with the provisions of N.J.S.A. 19:44A-20.7, the City's determination of what constitutes a fair and open process shall be final. Fair and open may necessarily 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, but in every instance, the principles of fair and open shall be maintained.
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.
The purpose of this article is to comply with the provisions of N.J.S.A. 19:44A-20.5 et seq. The definitions as set forth in that statute are referred to and incorporated into this article.
[Adopted 10-24-2017 by Ord. No. 2273-17]
Public works contracts and professional service contracts shall contain a provision requiring that the contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, religion, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
All public works construction contracts shall contain a provision that the contractor or subcontractor, where applicable, will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, religion, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.