A.
The budget shall be prepared by the Mayor with the
assistance of the Business Administrator, the Township Chief Financial
Officer and other applicable Directors. During the month of November,
the Mayor shall require all Directors to submit requests for appropriations
for the ensuing budget year and to appear at public hearings before
the Mayor and/or Business Administrator about the various requests.
B.
The Business Administrator, with the assistance of
the Chief Financial Officer, shall prepare all estimates of nonproperty
tax revenues anticipated for the support of each annual budget.
C.
The budget document shall be prepared in such form
as is required by law for municipal budgets and in accordance with
the Charter. There shall be appended to the budget a detailed analysis
of all items of expenditure and revenue.
D.
On or before January 15, the Mayor shall submit to
the Council the recommended budget, together with such explanatory
comment or statement as deemed desirable. At this time the budget
shall become the Council's budget (N.J.S.A. 40:69A-46 et seq.).
[Amended 12-16-2019 by Ord. No. 2019-37]
E.
Council may reduce any item or items in the Mayor's
budget by a vote of the majority of the Council, but any increase
in any item or items shall become effective only upon an affirmative
vote of 2/3 of the entire membership of the Council.
A.
After consultation with the Chief Financial Officer,
the Mayor may establish quarterly or other periodic allotment of appropriations
as may be deemed necessary. Each department shall plan and administer
its expenditure program within the limits of these allotments.
B.
If at any time during the budget year the Mayor shall
ascertain that the Township government is faced with the probability
of incurring a cash deficit for the current year, the Mayor shall
reconsider the work programs and allotments of the several departments.
Upon such reconsideration and with the approval of the Council, the
Mayor may revise budget allotments so as to forestall, as far as possible,
the making of commitments and expenditures in excess of the revenues
to be realized during the fiscal year. The Mayor shall file with the
Chief Financial Officer a copy of such revised allotments, and the
Chief Financial Officer shall control all expenditures within the
limits thereof.
A.
Public bids received pursuant to N.J.S.A. 40A:11-1
et seq. may be received at a time and place designated by the Mayor
and/or designee. Public bid openings shall be attended by, at least,
a representative of the Business Administrator and the Township Clerk.
B.
The Mayor is empowered to prepare specifications for
the performance of work or the purchases or furnishing or hiring of
any materials, supplies or services needed by the Township to publicly
advertise for and receive bids on the aforesaid, to require bidding
deposits made in conjunction with the bids and performance security
from contractors who are awarded bids and, when desirable, to establish
regulations for the qualification of prospective bidders, to require
standard questionnaires for prospective bidders and classify and reclassify
prospective bidders, all in accordance with N.J.S.A. 40A:11-1 et seq.
C.
All advertisements for the bids shall be published
at least once, 10 calendar days prior to the date fixed to receive
bids, in a newspaper of general circulation within the Township of
West Windsor. All bids requiring public advertisement shall designate
the manner of submitting bids, the method of receiving bids and the
time and place for receipt of bids.
D.
Bids received in advance shall remain sealed and shall
only be opened for examination at the time and place fixed for the
receipt of bids. At the time and place set for the receipt of bids,
all bids tendered shall be publicly received and immediately unsealed
and their contents announced publicly in the presence of any present
bidding parties or their agents. The price and terms of the bids shall
become incorporated as a part of the minutes of the Council meeting
at which the Council takes action thereon.
E.
The Council shall award the contract by authorizing
the Mayor and Township Clerk to execute such or reject all bids within
60 calendar days after receipt. The Council shall reserve the right
at all times to reject any and all bids received.
F.
The security delivered with the bids shall be returned
to the unsuccessful bidders within three days, Saturdays, Sundays
and holidays excepted. The security of the successful bidder shall
be retained until a contract is executed and any performance security
has been submitted.
G.
If an award of contract cannot be made within the
sixty-day period, the three lowest responsible bidders may agree to
an extension in making the award, which shall not exceed an additional
30 calendar days.
H.
In awarding the bid, any authorized formal contract
shall be executed by the Mayor, attested to by the Township Clerk
and the seal of the Township affixed thereto. In lieu of a formal
contract, the Business Administrator or Mayor may issue a purchase
order to the successful bidder for the required purchase for amounts
up to the required bid minimum in any fiscal year, pursuant to the
Local Public Contracts Law.[1] The successful bidder shall then be required to perform
in accordance with the terms set forth in the specifications for such
items.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
I.
A certification from the Chief Financial Officer that
a sufficient unencumbered balance of appropriation is available to
pay therefor shall accompany each contract/bid award.
[Added 3-3-2003 by Ord. No. 2003-02; amended 3-17-2003 by Ord. No. 2003-09]
A.
Prohibition of awarding public contracts to certain
contributors.
(1)
Any other provision of law to the contrary notwithstanding,
the Township or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into an agreement or otherwise contract to procure services from any
professional service provider if that provider has solicited or made
any contribution of money or pledge of a contribution, including in-kind
contributions, to a campaign committee of any West Windsor Township
candidate or holder of public office within the Township having responsibility
for the award of the contract or to any West Windsor Township or Mercer
County Party Committee within one calendar year immediately preceding
the date of the contract or agreement.
(2)
No professional service provider which enters into
negotiations for or agrees to any contract or agreement with the Township
or any department or agency thereof or of its independent authorities
for the rendition of professional services shall knowingly solicit
or make any contribution of money or pledge of a contribution including
in-kind contributions, to any West Windsor Township candidate or holder
of public office within the Township having responsibility for the
award of the contract or to any West Windsor Township or Mercer County
Party Committee between the time of first communications between that
service provider and the Township regarding a specific professional
services agreement and the later of the termination of negotiations
or the completion of the contract or agreement.
(3)
For purposes of this section, a "professional service
provider" seeking a public contract means an individual, including
the individual's spouse, if any, and any child living at home; person;
firm; corporation; professional corporation; partnership; organization;
or association. The definition of a service provider includes all
principals who own 1% or more of the equity in the corporation or
business trust, partners and officers in the aggregate employed by
the provider as well as any subsidiaries directly controlled by the
service provider.
(4)
For purposes of this section, the office that is considered
to have responsibility for the award of the contract shall be:
(a)
The West Windsor Township Council if the contract
requires approval or appropriation from the Council or a public officer
who is responsible for the award of a contract if that public officer
is appointed by Council; or
(b)
The Mayor of West Windsor Township if the contract
requires the approval of the Mayor or a public officer who is responsible
for the award of contract if that public officer is appointed by the
Mayor; or
(c)
Both of the above.
B.
Contributions made prior to the effective date. No
contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity to any West
Windsor Township candidate for Mayor or Township Council or West Windsor
Township party committee 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 or agreement
was made by the professional business entity prior to the effective
date of this section.
C.
Contribution statement by professional business entity.
(1)
Prior to awarding any contract or agreement to procure services with any professional service provider, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional service provider has not made a contribution in violation of Subsection A hereof.
(2)
The professional service provider 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 Township and shall be in addition to any other
certifications that may be required by any other provision of law.
D.
Penalty.
(1)
All Township of West Windsor professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional service provider, as defined in Subsection A(3), to violate Subsection A(2) or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through intermediaries or any Mercer County Party Committee for the purpose of concealing or misrepresenting the source of the contribution.
(2)
Any professional service provider, as defined in Subsection A(3) who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through intermediaries, including but not limited to Mercer County Party Committee, for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future Township contracts for a period of four calendar years from the date of the violation.
[Added 4-10-2006 by Ord. No. 2006-05]
A.
Prohibition of awarding contracts for redevelopment
work to certain contributors.
(1)
Any other provision of law to the contrary notwithstanding,
the Township or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into an agreement or otherwise contract with any private party for
the planning, replanning, construction or undertaking of any project
or redevelopment work, including the acquisition or leasing of any
public property in conjunction with the redevelopment of any area
within the Township of West Windsor pursuant to the Local Redevelopment
and Housing Law (LRHL, N.J.S.A. 40A:12A-1 et seq.), if that redeveloper
has solicited or made any contribution of money or pledge of a contribution,
including in-kind contributions, to a campaign committee of any West
Windsor Township candidate or holder of public office within the Township
having responsibility for the awarding of such contracts or to any
West Windsor Township political party campaign committee for West
Windsor Township election or political party campaign committees at
the county level within one calendar year preceding the date of the
contract or agreement.
(2)
No redeveloper who enters into negotiations for or
agrees to any contract or agreement with the Township or any department
or agency thereof or of its independent authorities for the rendition
of redevelopment work under the LRHL shall knowingly solicit or make
any contribution of money or pledge of a contribution, including in-kind
contributions, to any West Windsor Township candidate or holder of
public office within the Township having responsibility for the award
of the contract or to any West Windsor Township political party campaign
committee for West Windsor Township election or political party campaign
committees at the county level within one calendar year preceding
the date of the contract or agreement between that redeveloper and
the Township regarding a specific agreement for redevelopment work
and the later of the termination of negotiations or the completion
of the contract or agreement.
(3)
For purposes of this section, a "redeveloper" means
an individual, including the individual's spouse, if any, and any
child living at home, a person, firm, corporation, professional corporation,
partnership, organization or association seeking or obtaining redevelopment
work as defined above. The definition of a redeveloper includes all
principals who own 1% or more of the equity in the corporation or
business trust, partners and officers in the aggregate employed by
the provider as well as any subsidiaries directly controlled by the
redeveloper.
(4)
For the purposes of this section, the office that
is considered to have responsibility for the award of the contract
under the Act shall be:
(a)
The West Windsor Township Council if the contract
requires approval or appropriation from the Council or a public officer
who is responsible for the award of a contract if that public officer
is appointed by Council; or
(b)
The Mayor of West Windsor Township if the contract
requires the approval of the Mayor or a public officer who is responsible
for the award of contract if that public officer is appointed by the
Mayor; or
(c)
Both of the above.
B.
Contributions made prior to the effective date. No
contribution of money or any other thing of value, including in-kind
contributions, made by a redeveloper to any West Windsor Township
candidate for Mayor or Township Council or West Windsor Township or
Mercer County party political campaign committee 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 or agreement was made by the redeveloper prior to the
effective date of this section.
C.
Contribution statement by redeveloper.
(1)
Prior to awarding any contract or agreement to procure services with any redeveloper, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made a contribution in violation of Subsection A hereof.
(2)
The redeveloper 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
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
D.
Penalty.
(1)
All redevelopment contracts, leases or other undertaking shall provide that it shall be a breach of terms of such agreements, as defined in Subsection A(3), to violate Subsection A(2) or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(2)
Any redeveloper, as defined in Subsection A(3), who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future redevelopment contracts for a period of four calendar years from the date of the violation.
A.
The Mayor and the Business Administrator shall establish
and approve uniform standards for requisitions and purchases. The
Department of Administration, in consultation with other appropriate
department directors, shall control the delivery of all supplies,
materials, equipment and other items purchased and may make or cause
to be made proper test checks and inspections thereof. The Department
of Administration, in consultation with other appropriate department
directors, shall ascertain whether the supplies, materials, equipment
and other items purchased comply with the specifications and shall
cause laboratory or other tests to be made whenever in the opinion
of the applicable director it is necessary to determine whether the
materials or supplies are of a quality and standard required.
B.
Purchase controls. All purchases of any supplies,
materials or equipment or contractual services for the Township's
account shall be made by the Department of Administration, with a
copy given to the Chief Financial Officer, pursuant to a written requisition
from the director of the department whose appropriation will be charged.
[Amended 4-19-1999 by Ord. No. 99-07]
A.
Each department shall follow such procedure and use
such forms for purchasing as the Business Administrator or designee
shall prescribe. Upon request of the Mayor, each director shall submit
a complete statement of the work and labor under contract and the
materials, supplies and equipment which will be required by the department
during the ensuing year, half year or quarter year as the Mayor may
determine according to the best estimate of the director. Such statement
shall be in such form and detail as the Mayor or Business Administrator
may require.
B.
A certification from the Chief Financial Officer that
a sufficient unencumbered balance of appropriation is available to
pay therefor shall accompany each purchase order.
C.
Where purchases in excess of $1,000 are made without
competitive bidding, the Department of Administration or other appropriate
department director shall obtain and record, wherever possible, at
least three price quotations for the item or items of purchase. Whenever
circumstances permit, the purchase shall be made from the lowest responsible
vendor providing such quotations, price and other factors considered,
pursuant to the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
D.
The Business Administrator or designee shall establish
a procedure for the purchase of any item required for the immediate
protection, public health, safety or welfare of the Township, which
will permit such emergency purchases to be made for specific purposes
in accordance with the Local Public Contracts Law, in a manner other
than that prescribed by this section.
[Amended 5-13-1996 by Ord. No. 96-10]
E.
Except as the Mayor, or such other officer as the
Business Administrator may designate, may authorize in case of emergency,
no purchase shall be made and no bill, claim or voucher shall be approved
unless the procedures prescribed by or pursuant to the Charter, the
Local Public Contracts Law and this code have been followed.
[Amended 5-13-1996 by Ord. No. 96-10]
F.
Immediately upon delivery of any purchased item, the
director or the division head so designated by the director shall
certify receipt thereof on the voucher properly prepared and executed
by the vendor, which shall be submitted to the Chief Financial Officer
or the Treasurer, if so designated, who shall not authorize payment
unless and until the Chief Financial Officer is satisfied that the
items billed were properly authorized and delivered in accordance
with a duly issued purchase order authorized by the Department of
Administration.
[Amended 5-13-1996 by Ord. No. 96-10]
The method of disbursement of funds for any
purpose shall be on a check drawn on the Division of Finance and after
being signed by the Mayor, countersigned by the Chief Financial Officer.
[1]
Editor's Note: Former § 4-26, Swimming Pool Utility,
added 5-1-1995 by Ord. No. 95-19, as amended, was repealed 3-22-2021 by Ord. No. 2021-07.
