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 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):
A listing of any professional affiliations or memberships in
any professional societies or organizations, with an indication as
to any offices held therein;
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.
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.