[Added 9-23-2009 by Ord. No. 1482-2009; amended 5-31-2010 by Ord. No. 1510-2010]
PROFESSIONAL SERVICES
For purposes of this Article means, as defined at N.J.S.A. 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. It shall also include any "licensed person" as set forth in N.J.S.A. 2A:53A-26 and any person licensed by the New Jersey Board of Real Estate Appraisers, the New Jersey State Board of Professional Planners or the New Jersey State Board of Psychological Examiners. For purposes of this Article, however, professional services shall not include professional artistic services as defined at N.J.S.A. 40A:11-2(6). Professional services shall include financial services or insurance services.
A. 
The City of Perth Amboy shall award all contracts or agreements for the provision of professional services on the basis of the qualification-based, competitive negotiations procedures of the New Jersey Local Public Contracts Law.
B. 
Professional service contract requests for proposal shall be published by the posting of a public notice at least ten (10) days prior to the awarding of any contract for professional services.
C. 
The public notice shall be:
(1) 
Prominently posted in the public place reserved for Sunshine Law notices;
(2) 
Mailed, faxed, e-mailed, telephoned or hand delivered to a newspaper designated as an official newspaper of the municipality;
(3) 
Posted on the city's website, if available; and
(4) 
Filed with the Clerk of the municipality.
D. 
The public notice shall, at minimum, include:
(1) 
A description of the professional services needed, including, where appropriate, a description of tasks involved.
(2) 
Threshold qualification requirements setting the highest possible, minimum standards for qualifying to compete for the particular services and tasks involved.
(3) 
Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the City.
(4) 
Deadline and place for all submissions.
E. 
Standardized submission requirements shall include:
(1) 
Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised.
(2) 
References and record of success.
(3) 
Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff).
(4) 
Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.
(5) 
A certification under oath setting forth all professional disciplinary actions taken against the applicant(s) by the appropriate licensing agency within seven (7) years preceding the application, along with a true copy of each such action, or a certified statement that no such actions exist.
(6) 
A certification under oath setting forth all judgments and/or settlements in professional malpractice actions involving the applicant(s) within seven (7) years preceding the application, along with a true copy of each such action, or a certified statement that no such judgments or settlements exist.
F. 
The selection criteria to be used in awarding a contract or agreement for professional services shall include:
(1) 
Qualifications of the individuals who will perform the tasks and the amounts of their respective participation.
(2) 
Experience and references, including disciplinary and malpractive records.
(3) 
Ability to perform the task in a timely fashion, including staffing and familiarity with subject matter.
(4) 
Cost competitiveness.
G. 
If a professional association, corporation, firm or other entity is appointed or retained, the authorization for the appointment or retention shall list and specify the one or more individual professionals of the firm who will perform the services and be subject to this Article. No professional services shall be rendered by any professional other than those specified except in the event of emergency, illness or scheduling conflict. In such case the substituted professional must comply with the certification requirements of Subsections E(5) and E(6) hereof.
H. 
All submissions shall be kept on file during the term of the related contract, and shall be public records after the deadline for the submission of proposals.
I. 
Any licensed professional retained or appointed by the city shall have a continuing obligation to immediately notify the City Clerk, Mayor and City Council of any disciplinary action taken, or any professional malpractice judgment entered or claim settled during the term of appointment or retention.
J. 
Any contract entered into with a professional shall contain an acknowledgment by the professional that he or she is aware of the requirements imposed by this Article.
K. 
Failure to comply with the requirements of this Article shall entitle the city to terminate the contract or void the appointment of the licensed professional.
In the event that compliance with part or all of the requirements of this Article is impracticable as regards a particular contract or agreement because of an emergency, time constraints, unique services or other unusual circumstances the Mayor or City Council may waive part or all of the requirements by setting forth with specificity the reasons such waiver is required and publishing said reasons by way of ordinance or Council resolution. Any licensed professional appointed or retained under this exception must nonetheless comply with the disclosure requirements of Subsections E(5) and E(6) prior to the execution of any contract or payment for any services rendered.