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City of South Amboy, NJ
Middlesex County
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Table of Contents
Table of Contents
A. 
The budget shall be prepared by the Business Administrator under the direction of the Mayor. During the month of November the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor and Business Administrator at public hearings which shall be held during the month on 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. Such analysis shall include a comparison of the total number of positions of each class and grade to be authorized by the budget with the actual number thereof employed at the beginning and ending of the preceding budget period. So far as practicable, such analysis shall include appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operation and capital expenditures.
D. 
On or before the 15th day of January the Mayor shall transmit to Council his budget document, which shall include his proposed current budget in the form prescribed by the Local Budget Law, N.J.S.A. 40A:4-1 et seq., a capital budget and such comment or statement as he may deem desirable. The Council will approve the budget on or before February 10. The budget must be published within 18 days after Council approval, and a public hearing shall be held not more than 28 days after Council approval. Final adoption shall be made on or before March 20.
A. 
The Department of Finance shall supervise the administration of each annual budget. In consultation with department heads, the Business Administrator shall establish quarterly or such other periodic allotments of appropriations as he may deem necessary. Each department shall plan and administer its expenditure program within the limits of such allotments.
B. 
If at any time during the budget year the Business Administrator shall ascertain that the municipal government is faced with the probability of incurring a cash deficit for the current year, he shall reconsider the work programs and allotments of the several departments. Upon such reconsideration and with the approval of the Mayor, he may revise budget allotments within the provisions of the Local Fiscal Affairs Law so as to forestall the making of commitments and expenditures in excess of the revenues to be realized during the current year. He shall file with the finance officer a copy of such revised allotments, and the finance officer shall control all expenditures within the limits thereof.
[1]
Editor's Note: See N.J.S.A. 40A:5-1 et seq.
[New]
A. 
All purchase requirements in excess of $17,500 shall be publicly advertised, and upon receipt of sealed bids by the Business Administrator, the bids shall be opened by the Business Administrator in the presence of the Municipal Clerk and the City Attorney. A record of the proceedings shall be submitted to the City Council, with the recommendations of award, including a summary of all bids received. The bids will be received at such place and time as may be set in the legal notice of bid proposal.
B. 
If the governing body has appointed a Purchasing Agent, the bid thresholds shall be as stated in N.J.S.A. 40A:11-3(c) or as it may be amended or supplemented to the maximum permitted by law.
The City Council, upon consideration and review of the procedures and recommendations, shall in its wisdom award the contract of purchase to the lowest responsible bidder pursuant to N.J.S.A 40A:11-4.
The Mayor or Business Administrator shall execute and sign contracts let by the Council and authorized pursuant to the municipal ordinance, and the Mayor's and Business Administrator's signatures shall be attested to by the Municipal Clerk.
All purchases of any work, supplies, materials, equipment or contractual services for the municipality's account shall be made by the Division of Administration pursuant to a written requisition from the head of the department whose appropriation will be charged and the certification of the Department of Finance that a sufficient unencumbered balance of appropriation is available to pay therefor.
The Business Administrator shall establish and approve uniform standards for requisitions and purchases. The Division of Administration shall control the delivery of all supplies, materials, equipment and other items purchased and shall make or cause to be made proper test checks and inspections thereof. The Division shall ascertain whether the supplies, material, 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 Division head, it is necessary to determine whether the materials or supplies furnished are of the quality and standard required.
A. 
Each department shall follow such procedures and use such forms for purchasing as the Business Administrator shall prescribe. Upon request of the Business Administrator, each department head shall submit a complete statement of the materials, supplies and equipment and the work and labor under contract which shall be required by the department during the ensuing year, half year or quarter year, as the Administrator may determine, according to the best estimate of the department head. Such statement shall be in such form and detail as the Administrator may require.
B. 
Each department head shall be the purchaser and the receiving and certifying officer of his department.
C. 
Where purchases in excess of $300 are made without competitive quotation, the Division of Administration shall obtain, whenever possible, at least three price quotations for the item or items of purchase, which shall be furnished in writing by the vendors whenever the purchase price exceeds $500. The Division shall record and retain such quotations for at least two years from the time they are furnished. Whenever circumstances permit, the purchase shall be made from the lowest of such quotations received from a responsible bidder.
D. 
The Business Administrator shall establish a procedure for the purchase of any item or items required for the immediate protection of the public health, safety, morals or welfare of the municipality, which will permit such emergency purchases to be made for specific purposes in a manner other than that prescribed by this section.
E. 
Except as the Business Administrator or such other officer as he 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 and this chapter have been followed.
Immediately upon delivery of any purchase item, the receiving clerk shall make a record thereof on a form to be approved by the Business Administrator, and the department's acceptance of the delivery shall be certified by the certifying officer in such form as shall be prescribed by the Business Administrator. A voucher properly prepared and executed by the vendor shall be submitted to the Treasurer, who shall not authorize payment unless and until he has first examined a properly prepared and certified receiving report and has satisfied himself that the items billed were properly authorized and delivered in accordance with a duly issued purchase order or any change thereof authorized by the Division of Administration.
[Ord. No. 5-2012]
A. 
The City of South Amboy shall not enter into a contract having an anticipated value in excess of $17,500.00, as determined in advance and certified in writing by the Chief Financial Officer or his/her designee, 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 P.L. 1973, c.83 (N.J.S.A. 19:44A-1 et seq.), to any municipal committee of a political party in the City of South Amboy, if a member of that political party is serving in an elective public office of the City of South Amboy when the contract is awarded or to any candidate committee of any person serving in an elective public office of the City of South Amboy, when the contract is awarded.
B. 
A business entity that has entered into a contract having an anticipated value in excess of $17,500.00 with the City of South Amboy, except a contract that is awarded pursuant to a fair and open process, shall not make such a contribution, reportable by the recipient under P.L. 1973, c.83 (N.J.S.A. 19:44A-1 et seq.), to any municipal committee of a political party in the City of South Amboy, if a member of that political party is serving in an elective public office of the City of South Amboy when the contract is awarded or to any candidate committee of any person serving in an elective public office of the City of South Amboy when the contract is awarded, during the term of that contract.
C. 
Proposals will be considered upon the following factors:
(1) 
Experience and reputation in the field;
(2) 
Knowledge of the contracting unit and the subject matter to be addressed under the contract;
(3) 
Availability to accommodate any required meetings of the contracting unit;
(4) 
Compensation proposal;
(5) 
Any other factors demonstrated to be in the best interest of the contracting unit.
D. 
Prior to awarding any contract, except a contract that is awarded pursuant to a fair and open process, the business entity to which the contract is to be awarded shall provide a written certification that it has not made a contribution that would bar the award of a contract pursuant to this and the Act.
E. 
A business entity shall have a continuing duty to report to the Election Law Enforcement Commission any contributions that constitute a violation of the Act that were made during the duration of a contract.
F. 
As used in this Section 5-112, the following definitions shall apply:
BUSINESS ENTITY
Any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction.
FAIR AND OPEN PROCESS
At a minimum, means that the contract shall be: publicly advertised in newspapers or on the internet website maintained by the public entity in sufficient time to give notice in advance of the contract; awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the public entity prior to the solicitation of proposals or qualifications; and publicly opened and announced when awarded. The decision of a public entity as to what constitutes a fair and open process shall be final.
INTEREST
The ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.
G. 
The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision thereof.
H. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.
[Ord. No. 10-2009]
A. 
All contractors providing any goods and/or services to the City or constructing any public works project for the City; any Redevelopment Entity engaging in any designated redevelopment project(s) pursuant to an approved redevelopment agreement; or any development or commercial entity receiving a direct public benefit from the City in the form of a grant, loan, pilot, and/or other financial incentive, are hereby required to certify to the City that they have utilized the E-Verify program to verify the employment eligibility of all of their employees performing any work under said contract, redevelopment agreement, or related to such public benefit, and further have so required any subcontractor(s) retained by them to directly provide any of the contract work under said contract, agreement or related to said benefit.
B. 
Any violation of this Section 5-113 shall be governed by the general penalty provision(s) of this Code.
C. 
This Section 5-113 adopted May 20, 2009 by Ordinance No. 10-2009 shall take effect upon publication and final passage according to law.