[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-6-2006 by Ord. No. 2006-16]
A.
Purpose and intent. Although 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 governing body deems it appropriate, and consistent with the provisions
of recently enacted New Jersey Legislation, now codified at N.J.S.A. 19:44A-20.1
et seq., to henceforth award such contracts through a competitive, quality-based,
fair and open process, unless a specific determination to the contrary is
made by the governing body.
B.
Process for award of professional services and other
no bid contracts. The Borough of Clementon, 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 $17,500, as determined by the Borough
of Clementon or any agency or instrumentality, with a business entity, except
through 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 if a member of that political party
is in office as a member of the governing body when the contract is awarded
or to any candidate committee of any person serving in an elected public office
of the Borough of Clementon when the contract is awarded. The fair and open
process shall be quality-based and shall be as follows:
(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, Planning Board Attorney, Planning Board Engineer, Zoning Board Attorney,
Zoning Board Engineer, and such other statutory and/or ordinance public positions.
(2)
For said positions, no contract shall be awarded unless
and until the positions are:
(a)
Publicly advertised in newspapers or on the Internet
Web site maintained by the Borough in sufficient time to give notice in advance
of the solicitation for the contracts;
(b)
Awarded under a process that provides for public solicitation
of proposals and qualifications including 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.
(c)
Awarded and disclosed under criteria established in writing
by the Borough of Clementon prior to the solicitation or proposals or qualifications
as set forth in this article;
(d)
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 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 less than two Council
Members to prepare, process and evaluate any RFP issued pursuant to the professional
services contracting procedures set forth above. The Review Committee shall
evaluate the respective qualifications and/or proposals, taking into consideration
the designated qualifications and/or performance 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 Borough Clerk may,
in his/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.
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 offeror has
not made a contribution in violation of this article;
(2)
The professional business entity shall have a continuing
duty to report any violations of this article 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.
E.
Contracts issued without use of the RFP process. In circumstances
where 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 Borough Clerk 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. et
seq., N.J.S.A. 19:44A-22, and related statutes.
F.
No business entity which enters into negotiations for,
or agrees to, any contract or agreement with the Borough of Clementon 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 Clementon
municipal candidate or holder of the public office having ultimate responsibility
for the award of the contract, or campaign committee supporting such candidate
of officeholder, or to any Clementon 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.
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.
