[HISTORY: Adopted by the Township Committee of the Township
of Commercial as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-17-2016 by Ord. No. 2016-574]
A.
Prohibition awarding certain public contracts.
(1)
Any other provision of the law to the contrary notwithstanding, the
Township, or an agency or instrumentality thereof, shall not enter
into a contract having an anticipated value in excess of $17,500 (see
N.J.S.A. 40A:11-3) as determined in advance and certified, in writing,
by the Township, agency or instrumentality with a business entity
that has made political contribution that is reportable by the receipt
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 elective public office of that municipality when the
contract is awarded or to any candidate committee of any person serving
in an elective public office of that municipality when the contract
is awarded; and
(2)
A business entity that has entered into a contract having an anticipated
value in excess of $17,500 (see N.J.S.A. 40A:11-3) with the Township
or any agency or instrumentality thereof, 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. to any municipal committee of a political party in the Township
if a member of that political party is serving in an elective public
office of the Township when the contract is awarded or to any candidate
committee of any person serving in an elective public office of the
Township when the contract is awarded, during the term of that contract.
B.
Notwithstanding the provisions of Subsection A above, although New Jersey Statutes address contracts with an anticipated value in excess of $17,500, all other licensed professionals who are subject to appointment either annually or for a time period as otherwise set forth by statute that may enter into a contract having an anticipated value of less than $17,500 shall also be subject to the fair and open process as set forth herein so as to provide the Township with uniformity in both time frames to receive requests for proposal as well as documentation required to be submitted.
C.
BUSINESS ENTITY
INTEREST
Definitions. When using the terms "business entity" and "interest,"
the following definitions shall be utilized:
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership business trust, association or any legal commercial entity
organized under the laws of this state or any other state or foreign
jurisdiction.
The ownership or control of more than 10% of the stock, assets,
or profits of any public-held company and any percentage interest
of a privately held or closed corporation.
A.
Any professional service entity or other business entity providing services to the Township of Commercial shall be subject to a fair and open process. That fair and open process shall be set forth in Subsection D below which shall establish criteria for the fair and open process.
B.
The fair and open process established by the Township of Commercial
shall require the following:
(1)
Any professional position or service contract not subject to bidding
that shall expire not later than December 23 of that calendar year
shall be advertised by the Township Clerk's office, appointing
authority or board as the case may be, in the official newspaper of
the Township of Commercial for publication of notices and published
on the Township's website, not later than December 3. The published
notice shall set forth the name of the position or contract which
is to become open, and set forth the criteria to be considered and
materials required to be submitted by the applicant.
(2)
Should the applicant be a professional requiring licensure in the
State of New Jersey, said applicant shall submit the applicant's
number of years of experience in the profession and other professional
experience.
(3)
The applicant shall submit a "certificate of good standing" or other
similar document evidencing that the professional's license is
not presently suspended or revoked.
(4)
The applicant shall submit a current New Jersey Business Registration
Certificate.
(5)
The application shall submit an affidavit/certification that the
applicant is a compliant Equal Employment Opportunity Employer.
(6)
The applicant shall submit a resume which shall set forth the information,
including, but not limited to, the following (as applicable to a business
entity or individual professional):
(a)
Full name and business address.
(b)
A listing of all post high school education of the applicant.
(c)
Dates of licensure in the State of New Jersey and any other
state.
(d)
A listing of any professional affiliations or memberships in
any professional societies or organizations, with an indication as
to any offices held therein.
(e)
The number of licensed professionals employed by/affiliated
with the business entity or the business entity which employs the
applicant.
(f)
A listing of all special accreditations held by the individual
licensed professional or business entity.
(g)
A listing of all previous or current public entities served
by the business entity or licensed professional, indicating the dates
of services and position held.
C.
The applications received from professionals will be received and
opened by the Township Clerk on the designated date not later than
December 23 of the year prior to the Reorganization Meeting. The Township
Clerk shall open the applications for the advertised positions and
prepare a summary report listing each person or business entity that
submitted an application/proposal and will further indicate whether
the professional or business entity met the criteria as outlined in
the Ordinance herein.
D.
The summary report shall be prepared by the Township Clerk and provided
to the governing body within five days of the deadline date set for
the receipt of applications/proposals.
E.
The Mayor, appointing authority or Board shall thereafter select
the professional or business entity for the position so advertised
which shall thereafter be confirmed or approved as required by law
and to ensure compliance with the requirements of this article.
