[1974 Code § 2-32.1; Ord. No. 75-18 § 1]
Any person claiming payment, except payroll claims, from the
Borough of Fairview shall first submit a detailed statement of the
items or demand necessitating such claims to the responsible executive
agency, specifying particularly how the bill or demand is made up,
and a certification of the party claiming payment that it is correct.
No bill, claim or demand shall be considered for payment unless the
voucher has attached to it (or includes) a certification of a department
head (or other municipal official responsible for certain functions)
or of his duly designated representative, having personal knowledge
of the facts that the goods have been received by, or the services
rendered to the Borough of Fairview, and that those services or goods
are consistent with any existing contract and/or purchase order. The
Chief Financial Officer shall have the duty to audit, warrant and
make recommendations on all claims and bills.
[1974 Code § 2-32.2; Ord. No. 75-18 § 2]
The bill or claim duly certified and presented before the first
of the month shall be presented to the Municipal Clerk for inclusion
in the agenda of the first regular meeting of the month. In the event
that for good cause shown a voucher cannot be paid at the first regular
meeting of the month of the Mayor and Council, the Chairman of the
Finance Committee, upon informing the members of the Finance Committee,
upon informing the Mayor and Council, shall have the right to consider
approval of claims at meetings other than the first regularly scheduled
monthly Mayor and Council meeting or a subsequent first regular meeting
of the month. It shall be the duty of the Municipal Clerk to examine
all bills or claims submitted for payment in order to ascertain if
proper administrative procedures have been followed. All claims or
bills to be considered by the governing body shall be listed systematically
without preference and the list shall be made available to every member
of the governing body at least three full days prior to formal action
by that body and shall be posted in accordance with law. The governing
body may waive the three days if there are no objections by any member
and may proceed to approve all claims and bills according to law.
[1974 Code § 2-32.3; Ord. No. 75-18 § 3]
Claims shall be considered by the governing body which shall
approve the same, except that the governing body may reject any claim
presented to it stating the reason for such rejection. Any disapproved
claim shall be referred back to the Municipal Clerk with such instructions
as the governing body may give at the time of disapproval.
[1974 Code § 2-32.4; Ord. No. 75-18 § 4]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the governing body has by formal action approved the
same with appropriate record as to any claims disapproved or rejected.
All records pertaining to approved and disapproved bills or claims
shall be available for public inspection.
[1974 Code § 2-32.5; Ord. No. 75-18 § 5]
After the Clerk has certified that the claims have been approved,
he shall prepare the necessary checks for the payment thereof, and
after processing by the Chief Financial Officer, the checks shall
be signed by the Mayor, Chief Financial Officer and Clerk, or other
appropriate officers. The checks are to be mailed by the Clerk to
the claimants.
[1974 Code § 2-32.6; Ord. No. 75-18 § 6]
Nothing in this section shall take away the right of the Mayor
to veto any bill or claim according to law.
[1974 Code § 2-37.1; Ord. No. 90-10 § 1]
No department head shall disburse nor shall incur any obligations
in excess of the appropriation and limit of expenditures provided
in the municipal budget for the department in which he is the department
head.
[1974 Code § 2-37.2; Ord. No. 90-10 § 2]
No obligation shall be incurred by a department head except
upon the issuance of a purchase order. On the face of the purchase
order, the department head shall affix and shall sign a certification
in the following form:
"I hereby certify that the incurring of the obligation by the
within purchase order is not in excess of the appropriation and limit
of expenditure provided in the municipal budget for the line item
against which the within purchase order shall constitute an encumbrance."
[1974 Code § 2-37.3; Ord. No. 90-10 § 3]
No purchase order shall be issued by any department head unless the certification has been included, and signed, and dated by the department head. In instances, however, where under an established policy of the Borough, department heads are permitted to make minor purchases without the issuance of a formal purchase order, the department heads shall not incur an obligation under such circumstances which would be in excess of the appropriation and limit of expenditures provided in the municipal budget as provided in Subsection 2-66.1 of this section.
[1974 Code § 2-37.4; Ord. No. 90-10 § 4]
Any department head who violates the terms of this section shall
be subject to disciplinary action which may include reprimand, fine,
suspension or termination of employment.
[1974 Code § 2-37.5; Ord. No. 90-10 § 5]
No department head shall be subjected to disciplinary action
for violations of this section except pursuant to the following:
a.
Written charges shall be approved by the Borough Council and thereupon
signed by the Borough Clerk which shall set forth the facts constituting
the alleged violation.
b.
A copy of the written charges shall be served upon the department
head.
c.
A hearing shall be scheduled on the charges no sooner than 10 days
nor later than 30 days after service of the charges.
d.
At the hearing the accused department head shall have a right to
be represented by counsel of his own choosing at his own expense shall
be permitted the right of examination, cross-examination and presentation
of witnesses and documentary evidence.
e.
At the conclusion of the hearing, the Borough Council shall make
appropriate findings and determinations, and in the event that the
department head is found guilty, the Borough Council shall make a
determination as to the appropriate penalty, if any.
[1974 Code § 2-37.6; Ord. No. 90-10 § 6]
As to any department head for whom there is a statutory procedure
for disciplinary charges, any disciplinary charges made pursuant to
this section shall be in accordance with the procedural requirements
of the applicable statutory provisions regulating disciplinary charges.
[1974 Code § 2-28.1; Ord. No. 79-17 § 2]
No insurance company authorized to issue fire insurance in this State shall pay any claims in excess of $2,500 on any other real property located within the Borough of Fairview pursuant to P.L. 1978 Chapter 184, approved January 8, 1978 unless or until the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments or other municipal liens or charges, levied or assessed and due and payable against such property have been paid or the Borough submits a certified copy of a resolution adopted pursuant to Subsection 2-67.4.
[1974 Code § 2-28.2; Ord. No. 79-17 § 2]
The Borough may prohibit the payment to a claimant by any insurance company of any claim in excess of $2,500 for fire damages on any real property located within the Borough pursuant to any fire insurance policy issued or renewed after the adoption and passage of this section and after the filing of this section with the State Commission of Insurance until such time as all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company pursuant to the provisions of Subsection 2-67.3, or the Borough of Fairview submits to the insurance company a copy of a resolution adopted pursuant to Subsection 2-67.4. No change in this section shall take effect until filed with the Commissioner.
The State Commission of Insurance shall, within 15 days of the
receipt of a copy of this section, notify each carrier of fire insurance
within the State of the adoption of this section. The official certificate
of search may be altered by the bonded official responsible for preparing
such certificates in order to correct any errors or omissions or to
add any municipal liens or related charges due and payable subsequent
to the preparation of the official certificate.
[1974 Code § 2-28.3; Ord. No. 79-17 § 3]
Unless a resolution is received in accordance with Subsection 2-67.4, the insurance company is thereby authorized and required, prior to the payment of any claims for fire damages in excess of $2,500 to pay to the Borough of Fairview the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company, provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such money and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in the State shall be disbursed in accordance with the final order or judgment of the court.
[1974 Code § 2-28.4; Ord. No. 79-17 § 4]
The governing body may enter into agreement with the owner of
any fire damaged property to pay in full all delinquent taxes, assessments,
or other municipal liens by installments pursuant to N.J.S.A. 54:5-19
or for the redemption of the tax sale lien by installment payments
pursuant to N.J.S.A. 54:5-7 if the governing body is satisfied that
the claim for fire damages is to be used to restore or improve the
fire damaged property. An insurance company receiving a certified
copy of a resolution of an agreement from the governing body is authorized
to make full payment on the claim to the insured person.
[1974 Code § 2-28.5; Ord. No. 79-17 § 5]
A claim by the Borough of Fairview shall be paramount to any
other claims on the proceeds of the fire insurance policy, except
the claim of a holder of a mortgage on the fire damaged property when
the fire insurance policy at the time of the loss listed the mortgage
as a named insured, in which event the claim of the mortgagee to the
proceeds shall be paramount to the municipal lien under this act only
to the extent of the amount due and payable to the mortgagee under
the mortgage contract.
Nothing in this act shall be constructed:
a.
To obligate an insurance company for any amount in excess of the
value of the fire insurance policy on the property or the amount of
the liability of the insurance company thereunder.
b.
Except as provided in the case of appeals under Subsection 2-67.3 of this section to obligate the insurance company for any liens not appearing on the official certificate or any certified changes submitted by the bonded official.
c.
To affect the authority of a municipality to enforce a municipal
lien under any other law of this State.
[1974 Code § 2-28.6; Ord. No. 79-17 § 6]
In addition to the standard provisions for fire insurance policies set forth in Section 6 of P.L. 1953 C. 268 (C. 17:36-5.20) every fire insurance policy issued on property situated in the Borough of Fairview having passed and adopted and filed the appropriate ordinance pursuant to Subsection 2-67.2 shall be subject to the provisions of this section.
[1974 Code § 2-28.7; Ord. No. 79-17 § 7]
This section shall take effect immediately but shall remain
inoperative for 30 days following enactment.
[1974 Code § 4-9.1; Ord. No. 88-22 § 1]
Any applicant seeking the issuance or renewal of any license
or permit issued by or requiring the approval of the Borough, its
agencies or departments, shall pay any delinquent property taxes or
assessments then due and owing on the property where the business
or activity is to be conducted if the applicant is the owner of such
property.
[1974 Code § 4-9.2; Ord. No. 88-22 § 2]
Any license or permit issued by the Borough, its agencies or
departments may be revoked or suspended if the licensee/permittee-property
owner has failed to pay the taxes due for three consecutive quarters
or more.
[1974 Code § 4-9.3; Ord. No. 88-22 § 3]
The license or permit shall be restored upon payment of the
delinquent taxes and/or assessments.
[1974 Code § 4-9.4; Ord. No. 88-22 § 4]
Nothing in this section shall be construed to apply to any license
or permit issued pursuant to the Alcoholic Beverage Control Act.
[1974 Code § 2-29.1; Ord. No. 81-4]
The Governor of the State of New Jersey by Executive Order 104
dated February 7, 1981 has declared a state of emergency as a response
to unusually dry weather conditions in 1980. The continued drought
emergency presents the imminent threat of a disaster affecting the
health, safety and welfare of the resident of this State as well as
to the industry located herein and in order to prevent such harm,
immediate action must be taken and as a result thereof, has issued
Executive Order 104 dated February 7, 1981. The Mayor and Council
of the Borough of Fairview are desirous of incorporating the Governor
of the State of New Jersey's Executive Order 104 dated February 7,
1981, unto this ordinance by reference. The Mayor and Council of the
Borough of Fairview in furtherance of the Governor of the State of
New Jersey's Executive Order 104 dated February 7, 1981, makes all
nonpotable water contained in swimming pools, streams, ponds, wells
and wherever else located within the Borough subject to seizure and
use by the Fire Department for use in fire related emergencies. This
to be implemented during a declared water emergency where potable
water supplies fall below a ten-day supply.
[1974 Code § 2-29.2; Ord. No. 81-4 § 1]
The Governor of the State of New Jersey's Executive Order 104
dated February 7, 1981 is hereby incorporated herein by reference.
[1974 Code § 2-29.3; Ord. No. 81-4 § 2]
All nonpotable water contained in swimming pools, streams, ponds,
wells and wherever else located within the Borough is subject to seizure
and use by the Fire Department for use in fire related emergencies.
This to be implemented during a declared water emergency where potable
water supplies fall below a ten-day supply.
[1974 Code § 2-29.4; Ord. No. 81-4 § 3]
It shall be the duty of every person in the Borough of Fairview
and the members of the governing body and of each and every official,
agency or employee of the Borough of Fairview to fully cooperate on
all matters concerning this emergency and none of the above mentioned
shall in any way interfere with or impede the achievements of the
purpose of this section.
[Ord. No. 03-42 § 1]
a.
Except as hereinafter provided, the Borough of Fairview shall, upon
the request of any present or former official, employee or appointee
of the Borough, provide for indemnification and legal defense of any
civil action brought against said person or persons arising from an
act or omission falling within the scope of their public duties.
b.
For the purposes of this section, the Borough's duty and authority
to defend and indemnify shall extend to a cross claim or counterclaim
against said person.
c.
The terms of this section and the definitions of "official, "employee"
and "appointee" are to be construed liberally in order to effectuate
the purposes of this section.
d.
The Borough may indemnify a person for exemplary or punitive damages
resulting from that person's civil violation of State or Federal law
if, in the opinion of the Borough Council, the acts committed by the
person to be indemnified upon which the damages are based did not
constitute actual fraud, actual malice, willful misconduct or an intentional
wrong.
[Ord. No. 03-42 § 2]
a.
The Borough shall provide for the defense of and indemnify the defendant
or defendants in a civil action if the person or persons involved:
b.
The Borough may refuse to provide for the defense and indemnification
of any civil action referred to herein if the Borough Council determines
that:
1.
The act or omission did not occur within the scope of a duty authorized
or imposed by law.
2.
The act or failure to act was the result of actual fraud, willful
misconduct or actual malice of the person requesting defense and indemnification;
or
3.
The defense of the action or proceeding by the Borough would create
a conflict of interest between the Borough and the person or persons
involved.
[Ord. No. 03-42 § 3]
In any other action or proceeding, including criminal proceedings, the Borough may provide for the defense of a present or former official, employee or appointee if the Borough Council concludes that such representation is in the best interest of the Borough and that the person to be defended acted or failed to act in accord with the standards set forth in Subsection 2-70.2 of this section.
[Ord. No. 03-42 § 4]
Whenever the Borough provides for the defense of any action
set forth herein and as a condition of such defense, the Borough may
assume exclusive control over the representation of such person defended,
and such person shall cooperate fully with the Borough.
[Ord. No. 03-42 § 5]
The Borough may provide for the defense pursuant to this section
by authorizing the Borough Attorney to act in behalf of the person
being defended or by employing other counsel for this purpose or by
asserting the Borough's right under any appropriate insurance policy
which requires the insurer to provide the defense.
[Ord. No. 08-34 § 1]
Unless excepted by the provisions N.J.S.A. 43:15C-2. The following
positions are deemed to be eligible for and shall participate in the
Defined Contribution Retirement Program:
[Ord. No. 08-34 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
[Ord. No. 08-34 § 3]
If an individual is appointed to one of the positions listed in Subsection 2-71.1 and the individual is not serving in a position as described in Subsection 2-71.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
a.
Was an active participant in the Public Employee Retirement System
on July 1, 2007 and continuously since that time; or
b.
Has been appointed pursuant to a valid promotional process; or
c.
Is appointed on a temporary, interim or "acting" basis to a position requiring State Certification as set forth in Subsection 2-71.3 herein, and is in pursuit of the required certification; or
d.
Meets such other exceptions that may be approved by the Local Finance
Board or the Division of Pensions and Benefits.
[Ord. No. 08-34 § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 2014-2 § 1]
a.
Prohibition on Awarding Public Contracts to Certain Contributors.
To the extent it is not inconsistent with State or Federal law, the Borough of Fairview and any of its purchasing agents or departments or instrumentalities of the municipality thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity or vendor including those awarded pursuant to any process including a fair and open process, if such professional business entity or vendor has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to a campaign committee of any municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or to any Borough of Fairview party committee, or to any candidate committee, political action committee (PAC) or continuing political committee (CPC) that engages in, or whose primary purpose is the support of municipal elections and/or municipal parties in excess of the thresholds specified in Subsection d within one calendar year immediately preceding the date of the contract or agreement.
b.
No professional business entity or vendor who submits a proposal
for, enters into negotiations for, or agrees to any contract or agreement
(including non-emergency contracts awarded by N.J.S.A. 40A:1H et seq.
or the fair and open process pursuant to N.J.S.A. 19A:44-20 et seq.)
with the municipality or any departments thereof, for the rendition
of professional services or goods and services, as the case may be,
shall knowingly solicit or make any contribution of money, pledge
of contribution, including in-kind contributions to:
1.
Any municipal candidate or holder of public office having ultimate
responsibility for the award of a contract; or
2.
Any Borough of Fairview party committee; or
3.
Any candidate committee, PAC or CPC that regularly engages in, or whose primary purpose is the support of, municipal elections and/or municipal parties, in excess of the thresholds specified in Subsection d, between the time of first communication between the professional business entity or vendor and the municipality regarding a specific professional services agreement or goods and services agreement, as the case may be, and the later of the termination of negotiations or rejection of any proposal, or the completion of the contract or agreement.
c.
For purposes of this section, a "professional business entity" and
a "vendor" seeking a public contract shall mean an individual, including
the individual's spouse, if any, and any child living at home, person,
firm, corporation, professional corporation, partnership, or organization,
or association.
The definition of a "business entity" and "vendor" includes
all principals who own 10% or more of the equity in the corporation
or business trust, partners, and officers in the aggregate employed
by the entity or vendor, as well as any subsidiaries directly controlled
by the business entity or vendor. In addition, contributions made
by a professional business entity and/or vendor to a joint candidate
committee shall be deemed to be allocated equally among the number
of candidates represented by the joint candidate committee.
d.
Any individual meeting the definition of "professional business entity" and a "vendor" under this section may annually contribute a maximum of $2,500 each for any purpose to any candidate for Mayor or governing body, or $2,500 to the Borough of Fairview party committee, or to a PAC or candidate committee or CPC referenced in this article without violating Subsections a or b of this subsection. However, any group of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officers of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Borough of Fairview candidates and office holders with ultimate responsibility for the award of the contract, and all Borough of Fairview political parties, candidate committee, PACs and CPCs referenced in this article combined, without violating Subsections a or b of this subsection.
e.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
1.
The Borough of Fairview Mayor or governing body, if the contract
requires approval or appropriation from the Mayor or governing body.
2.
The Mayor of the Borough of Fairview, if the contract requires approval
of the Mayor, or if a public officer who is responsible for the award
of a contract is appointed by the Mayor.
[Ord. No. 2014-2 § 2]
No contribution of money or any other thing of value, including
in-kind contribution, made by a professional business entity or vendor
to any Borough of Fairview candidate for Mayor or governing body,
or Borough of Fairview party committee, candidate committee, PAC or
CPC referenced in this section shall be deemed a violation of this
section, nor shall an agreement for property, goods or services, of
any kind whatsoever, be disqualified thereby, if that contribution
was made by the professional business entity or vendor prior to the
effective date of this section. For purposes of applying any of the
provisions of this section, the effective date of the section is deemed
to be June 27, 2011.
[Ord. No. 2014-2 § 3]
a.
Prior to awarding any contract or agreement to procure services from
any professional business entity and any contract or agreement to
procure goods and services from a vendor, the Borough of Fairview
or its purchasing agents and departments, as the case may be, shall
receive a sworn statement from the professional business entity or
vendor, made under penalty of perjury, that the bidder or offeror
has not made a contribution in violation of this section.
b.
The professional business entity and vendor shall have a continuing
duty to report any violations of this section that may occur during
the negotiation, proposal process or duration of a contract. The certification
required under this section shall be made prior to entry into the
contract or agreement with the Borough of Fairview, or prior to the
provision of services or goods, as the case may be, and shall be in
addition to any other certification that may be required by any other
provision of law.
[Ord. No. 2014-2 § 4]
A professional business entity, vendor, or municipal candidate
or office holder, or Borough of Fairview party committee, candidate
committee, PAC or CPC referenced in this section, may cure a violation
of this section if, within 30 days after the general election, the
professional business entity or vendor notifies the municipality in
writing and seeks and receives reimbursement of the contribution from
the relevant municipal candidate or office holder, Borough of Fairview
or candidate committee, PAC or CPC referenced in this section.
[Ord. No. 2014-2 § 5]
a.
It shall be a breach of the terms of the Borough of Fairview professional
service agreement or agreement for goods or services for a business
entity to:
1.
Make or solicit a contribution in violation of this section;
2.
Knowingly conceal or misrepresent a contribution given or received;
3.
Make or solicit contribution through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
4.
Make or solicit any contribution on the condition or with the agreement
that it will be contributed to a campaign committee of any candidate
or holder of the public office of the Borough of Fairview;
5.
Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the business entity itself, would subject
that entity to the restrictions of this section;
6.
Fund contributions made by third parties, including consultants,
attorneys, family members, and employees;
7.
Engage in any exchange or contributions to circumvent the intent
of this section; or
8.
Directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restriction of this
section.
[Ord. No. 2014-2 § 6]
The Borough of Fairview and any of its purchasing agents or
departments or instrumentalities of the municipality shall provide
all business entities or vendors seeking to provide services or goods
to the Borough a statement describing the requirements of this section
and a statement that compliance with the section shall be binding
upon the parties thereto upon submission of a proposal. Providing
the business entity or vendor with a copy of this section shall satisfy
the requirements of this subsection.
[Ord. No. 2014-2 § 7]
a.
Notwithstanding any other provision in this section, the Borough
of Fairview shall observe State statutes respecting the process for
award of certain professional services and other no bid contracts
as set forth in the provisions of N.J.S.A. 19:44A-1, et seq., specifically,
provisions as to the requirement that certain contracts be awarded
through a fair and open process. In connection with such fair and
open process, the Borough shall follow the following guidelines.
b.
General Standards.
1.
Professional services may be awarded by virtue of a publicly advertised
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 Borough Attorney, Borough Engineer,
Borough Planner, Borough Labor Counsel, Planning Board Attorney, Planning
Board Engineer, Zoning Board Attorney, Zoning Board Engineer and such
other statutory and/or ordinance and/or resolution created public
positions.
2.
For said positions, no contract shall be awarded unless and until
the positions are:
(a)
Publicly advertised in newspapers and on the internet website
maintained by the Borough at least 10 calendar days in advance, which
shall be deemed sufficient time to give notice in advance of the solicitation
for the contracts.
(b)
Awarded under a process that provides for public solicitations
of proposals and qualifications, including but not limited to the
following:
(1)
Experience and reputation in the field;
(2)
Knowledge of the subject matter of the services to be provided
to the Borough;
(3)
Knowledge of the Borough, its affairs and operations;
(4)
Availability to accommodate any required meetings of the Borough;
(5)
Compensation proposal;
(6)
Compliance with the minimum qualifications established by the
Borough for the position;
(7)
Other factors determined to be in the best interest of the Borough,
including quoted fees, where applicable;
(8)
The Mayor and Council may eliminate and/or supplement the guidelines
contained above when they deem same to be in the best interests of
the Borough of Fairview.
(c)
The ultimate decision to award is decided by the governing body
as it deems in its best interests and not subject to appeal.
(d)
Awarded and disclosed under criteria established in writing
by the Borough of Fairview prior to the solicitation of proposals
or qualifications as set forth in this section;
(e)
Publicly announced when awarded, and as to those RFPs which
prove to be unsuccessful, the Borough Clerk shall retain a copy of
same on file for a period of not less than 60 calendar days.
3.
For contracts which arise on an occasional basis, such as appraisals
needed for the acquisition of land and/or open space, as well as title
searches, surveying, and similar work associated with same; and comparable
assignments, such as planning services needed for Master Plan updates,
appraisals, special counsel, special project engineer contracts, etc.,
professional services contracts may be awarded without following the
foregoing provisions, so long as:
c.
Review of RFPs by Review Committee.
A review committee shall be established by the Mayor consisting
of not fewer than two nor more than three members of the Mayor and
Council. The Mayor and Council may also appoint other Borough officials,
such as the Purchasing Agent, to the review committee. The review
committee shall evaluate the respective qualifications and/or proposals,
taking into consideration the designated qualifications and/or performances
criteria, experience, reputation of vendor, quality of services, quoted
fee and other relevant factors in making a recommendation of award
to the governing body, and the designated representative of the review
committee may, in his or her sole discretion, conduct negotiations
with qualified vendors after receipt of proposals, in order to achieve
the best possible contract terms and conditions for the Borough and
its taxpayers. No contract shall be awarded, however, unless same
is authorized by resolution duly adopted in public session by the
governing body.
d.
Contributions Prohibited During Term of Contract.
A business entity that has entered into a contract having an
anticipated value in excess of $17,500 with the Borough of Fairview,
or any agency or instrumentality thereof shall not make such a contribution
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 of Fairview
if a member of that political party is serving in an elective public
office of the Borough of Fairview when the contract is awarded or
to any candidate committee of any person serving in an elective public
office of the Borough of Fairview when the contract is awarded, during
the term of that contract, except a contract that is awarded pursuant
to a fair and open process, which permits campaign contributions of
a reportable nature to any elective public official.
e.
Contribution Statement by Professional Business Entity.
1.
Prior to awarding any contract or agreement to procure services,
including banking or insurance coverage services, with any professional
business entity, the Borough or any of its purchasing agents or agencies,
as the case may be, shall receive a sworn statement from the professional
business entity made under penalty of perjury that the bidder or offerer
has not made a contribution in violation of this section;
2.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
f.
Contracts Issued Without Use of RFP Process.
1.
In circumstances where the Mayor or designee or the governing body
determines that the use of the RFP process is not appropriate, such
as, but not limited to, contracts with other government agencies,
and agreements with public utilities, the Purchasing Agent shall use
his/her best efforts to obtain at least two quotations for the work
and shall require the contractor to fully comply with the provisions
of N.J.S.A. 19:44A-20.27.
2.
No business entity that enters into negotiations for or agrees to
enter into any contract or agreement with the Borough of Fairview
or any department or agency thereof or of its independent authorities
for the rendition of professional, banking or insurance coverage services,
or any other consulting services, shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Borough of Fairview municipal candidate or holder of the public
office having ultimate responsibility for the award of the contract,
or campaign committee supporting such candidate or officeholder, or
to any Fairview Borough party committee, between the time of first
communications between that business entity and the Borough regarding
a specific professional services agreement and the later of the termination
of negotiations or the completion of the contract or agreement. This
specifically and only relates to contract dealt with under this specific
subsection.
g.
Emergency Exceptions.
Notwithstanding the foregoing, the governing body recognizes
that the New Jersey Legislature has provided for certain emergencies
and further recognizes that the procedure outlined above might not
be capable of being achieved in the event of an emergency or other
time constraints. Thus, should 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 may be promulgated,
from time to time, by the governing body with regard to same. No such
emergency contracts, however, may be awarded without a resolution
establishing a basis for the deviation from the procedures outlined
herein.
