[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 12-21-2017 by Ord. No. O35-2017. Amendments noted where applicable.]
It is the purpose of this Article that, notwithstanding that
professional services contracts and certain other contracts for goods
and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the
Mayor and Common Council deems it appropriate, and consistent with
the provisions of the New Jersey legislation, now codified at N.J.S.A.
19:44A-20.1 et seq., to award such contracts through a competitive,
quality-based, fair and open process.
The City of Gloucester City, or any agency or instrumentality
thereof, shall not enter into a contract including a professional
services contract, or such other contract, which is exempt from public
bidding requirements, having an anticipated value in excess of $10,000
as determined by the municipality, agency or instrumentality, 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 a contribution that is reportable by the
recipient under N.J.S.A. 19:44a-1 et seq., to any municipal committee
of a political party in that municipality if a member of that political
party is serving in an elected public office of the municipality when
the contract is awarded or any candidate committee of any person serving
in an elected public office of that municipality when the contract
is awarded. The fair and open process shall be quality-based and shall
be as follows:
A.
Professional services may be awarded by virtue of a publicly advertised
request for qualification ("RFQ") and/or request for proposal ("RFP")
which will be issued as one document for those appointments which
are made on an annual basis.
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 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
City of Gloucester City prior to the solicitation of proposals or
qualifications; and
(4)
Publicly announced when awarded; and as to the RFQs and RFPs which
prove to be unsuccessful, the Municipal Clerk shall have 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 appraisers
needed or acquisition of farmland 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:
Notwithstanding the foregoing, the Mayor and Common Council
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
a situation arise, and time does not permit to resort to this procedure,
and the immediate performance of service is necessary, then as 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 Mayor
and Common Council with regard to same. No such emergency contracts,
however, may be awarded without submission to the City Clerk of a
certification establishing a basis for the deviation from the procedures
outlined herein.
