[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 11-8-2006 by Ord. No. 11-06. Amendments noted where applicable.]
Any other provision of the law or ordinance to the contrary notwithstanding, the Borough 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 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
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 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 contact is awarded, during the term of the contract. In the alternative to proceeding with the fair and open process described herein, the municipal appointing authority thereof may award a contract to a business entity for an amount in excess of $17,500, pursuant to procedures prescribed by the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and without competitive bidding or competitive proposals. However, such award may be made only if the recipient of the contract provides a written certification that it has not made a political contribution which would bar the award of the contract to it.
Any professional service entity or other business entity providing services to the Borough 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: accessibility; understanding of the assignment; methodology/plan for accomplishing the assignment; general experience; experience specific to the assignment; sufficiency of resources to perform the task.
The fair and open process established by the Borough shall require the following:
The solicitation of proposals or qualifications 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 that calendar year shall be published and advertised by the municipal appointing authority or its designee either in the official newspaper of the Borough for publication of notices or on the Borough's website in sufficient time to give notice in advance of the contract solicitation. The published notice shall set forth the name of the position or contract which is to become open, set forth the criteria to be considered and materials required to be submitted by the applicant/proposer and a date, time and place when the proposals or qualifications shall be publicly opened.
Should the applicant/proposer be a professional acquiring licensure in the State of New Jersey, said applicant/proposer shall be licensed for a period 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/proposer 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; and
A listing of all previous public entities served by the business entity or licensed professional, indicating the dates of services and position held.
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.
The awarded contract shall be publicized in the official newspaper of the Borough for publication of notices in accordance with N.J.S.A. 40A:11-5.
Consistent with the provisions of N.J.S.A. 19:44A-20.7, the Borough'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.
The purpose of this chapter 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 chapter.