[Added 6-8-2017 by Ord. No. 2017-5]
It is the purpose of this article that, notwithstanding that professional services contracts are exempt from the competitive bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Township Committee deems it appropriate, in order to avoid any public perception that professional services contracts are awarded in consideration for, e.g., political contributions or other considerations, that said contracts, consistent with the already existing custom and procedure of the Township, shall continue to be awarded through a competitive, quality-based, fair and open process.
No professional services contracts, as that term is used in the Local Public Contracts Law, shall be awarded after the date of the adoption of this article, unless the following competitive, quality-based, fair and open process is followed:
A. 
Professional services may be awarded by virtue of a combined publicly advertised request for qualifications (RFQ) and request for proposals (RFP) which will be issued as one document for those appointments which are made on an annual basis, such as, but not limited to, the positions of: Township Attorney, Township Engineer, Township Planner, Township Auditor, Planning Board Attorney, Planning Board Engineer, and such similar statutory and/or ordinance public positions.
B. 
For said positions, no contract shall be awarded unless and until the positions are:
(1) 
Publicly advertised in newspapers in sufficient time to give notice in advance of the solicitation for the contracts;
(2) 
Awarded under a process that provides for public solicitation of proposals and qualifications;
(3) 
Awarded and disclosed under criteria established, in writing, by the Township of Chesterfield prior to the solicitation of proposals or qualifications; and
(4) 
Publicly announced when awarded and noticed by way of publication; and as to those RFQs and RFPs which prove to be unsuccessful, the Municipal Clerk shall retain a copy of same on file for a period of not less than 60 days.
C. 
For contracts which arise on an occasional basis, such as appraisals needed for the acquisition of farmland and/or open space, as well as title searches, surveying, and similar work associated with same, and similar projects of this type, professional services shall be awarded only after receipt of publicly advertised RFQs, after which a limited number of the best qualified vendors would be identified, and proposals would then be solicited therefrom.
D. 
Review of RFPs/RFQs by Township Committee. The Township Committee shall evaluate any RFQ and/or RFP issued pursuant to the professional services contracting procedures set forth above. The Committee must prepare, prior to a request for proposals, a written cost estimate in order to allow for proper evaluation of the fee aspect of proposals. Moreover, the Committee shall evaluate the respective qualifications and/or proposals, taking into consideration the designated qualifications and/or performance criteria, experience, quoted fee and other relevant factors in making an award of the contract. The Committee may, in its sole discretion, conduct negotiations with qualified vendors after receipt of proposals in order to achieve the best possible contract terms and conditions for the Township and its taxpayers.
E. 
Emergency exceptions. Notwithstanding the foregoing, the Township Committee recognizes that the New Jersey Legislature has provided for the occurrence of certain emergencies, and further recognizes that, therefore, the procedure outlined above might not be capable of being achieved in the event of an emergency or similar time constraints. Thus, should such a situation arise, and time does not permit resort to this procedure, and the immediate performance of services is necessary, then an award for same may be made in accordance with the provisions of the Local Public Contracts Law relating to emergency contracts, and such rules and regulations as made be promulgated, from time to time, by the Township Committee with regard to same. No such emergency contracts, however, may be awarded without submission to the Township Clerk of a certification establishing the basis for the deviation from the procedures outlined herein.
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Editor's Note: Former §§ 39-33 through 39-40, regarding political contribution limitations, were repealed 12-28-2023 by Ord. No. 2023-21.