A.
The budget shall be prepared 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 at public hearings which
shall be held during the month on the various requests.
B.
The Mayor, with the assistance of the Finance Officer,
shall prepare all estimates of non-property-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 operating and capital
expenditures.
D.
On or before the second regular official Council meeting
in January, the Mayor shall transmit his budget document to Council,
which document shall include his proposed current budget in the form
prescribed by the Local Budget Law, a capital budget and such comment
or statement as he may deem desirable.
A.
The Department of Finance shall supervise the administration
of each annual budget. In consultation with department heads, the
Mayor 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 Treasurer
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 and the Local Authorities Fiscal Control Law[1] 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, Mayor and Council a copy of
such revised allotments, and the Finance Officer shall control all
expenditures within the limits thereof.
[Amended 5-21-1986 by Ord. No. O-15A-86]
[1]
Editor's Note: See N.J.S.A. 40A:5-1 et seq.
and 5A-1 et seq., respectively.
[Amended 10-21-1981 by Ord. No. O-21-81; 5-21-1986 by Ord. No. O-15A-86]
A.
Any purchase, contract or agreement for the performance
of any work or the furnishing or hiring of materials or supplies,
the cost or price of which, together with any other sums expended
or to be expended for the performance of any work or services in connection
with the same immediate program, undertaking, activity or project
or the furnishing of similar materials or supplies during the same
fiscal year paid with or out of public funds, does not exceed the
sum as provided by state statute in the fiscal year may be made, negotiated
or awarded by a contracting agent when so authorized by resolution
of the governing body of the contracting unit without public advertising
for bids. Such authorization may be granted for each purchase, contract
or agreement or by a general delegation of power to make, negotiate
or award such purchases, contracts or agreements pursuant to this
section. Any purchase, contract or agreement made pursuant to this
section may be awarded for a period of 12 consecutive months, notwithstanding
that such twelve-month period does not coincide with the fiscal year.
B.
Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price whereof is to be paid with or out of public funds, not included within the terms of Subsection A above, shall be made or awarded only by the governing body of the contracting unit after public advertising for bids and bidding therefor, except as is otherwise provided pursuant to N.J.S.A. 40A:11-1 et seq. or specifically by any other laws. No work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate the amount as provided by state statute except by contract or agreement.
C.
Any purchase, contract or agreement may be made, negotiated
or awarded for a contracting unit without public advertising for bids
and bidding therefor, notwithstanding that the cost or contract price
will exceed the amount as provided by state statute, when an emergency
affecting the public health, safety or welfare requires the immediate
delivery of the articles or the performance of the service, provided
that the awarding or making of such purchases, contracts or agreements
are made in the following manner:
(1)
A written requisition for the performance of such
work or labor, or the furnishing of materials, supplies or services
is filed with the contracting agent or the deputy in charge describing
the nature of the emergency, the time of its occurrence and the need
for invoking this section, certified by the officer or director in
charge of the department wherein the emergency occurred or such other
officer or employee as may be authorized to act in place of said officer
or director, and the contracting agent or deputy in charge, being
satisfied that the emergency exists, is hereby authorized to award
a contract for said work or labor, materials, supplies or services.
(2)
Upon the furnishing of such work or labor, materials,
supplies or services in accordance with the terms of the contract
or agreement, the contractor furnishing such work or labor, materials,
supplies or services shall be entitled to be paid therefor, and the
contracting unit shall be obligated for said payment. The governing
body of the Township of Monroe shall take such action as shall be
required to provide payment of the contract price.
D.
No purchase, contract or agreement which is single
in character or which necessarily, or by reason of the quantities
required to effectuate the purpose of the purchase, contract or agreement,
includes the furnishing of additional services or buying or hiring
of materials or supplies or the doing of additional work shall be
subdivided, so as to bring it or any parts thereof under the maximum
price or cost limitation as provided by state statute thus dispensing
with the requirement of public advertising and bidding therefor, and
in purchasing or contracting for or agreeing for the furnishing of
any services, the doing of any work or the supplying of any materials
or the supplying or hiring of any materials or supplies, included
in or incident to the performance or completion of any project, program,
activity or undertaking, which is single in character or inclusive
of the furnishing of additional services or buying or hiring of materials
or supplies or the doing of additional work, or which requires the
furnishing of more than one article of equipment or buying or hiring
of materials or supplies, all of the services, materials or property
requisite for the completion of such project shall be included in
one purchase, contract or agreement.
[Amended 10-21-1981 by Ord. No. O-21-81; 11-9-2020 by Ord. No. O:24-2020]
The Township Council, upon consideration and review of the procedures
and recommendations, shall award the contract or purchase to the lowest
bidder, pursuant to law, N.J.S.A. 40A:11-1 et seq.
A.
Prequalification regulations for bidder requirements for public works
projects.
(1)
Findings. The governing body makes the following findings:
(a)
The Township has proprietary and governmental interests in high
standards, high qualifications and a high level of safety for workers
and the general public. Those interests are fostered and benefitted
by requiring bidders who desire to bid on public works projects with
an estimated cost of construction equal to or exceeding $250,000 to
employ highly skilled workers.
(b)
Using formally trained trade and craft workers ensures a level
of competence, productivity, and worker safety that contributes to
the timely and cost effective completion of public works projects.
(c)
A registered apprenticeship provides for a formal training arrangement
that includes a paid-work component and an educational or instructional
component, wherein an individual obtains workplace-relevant knowledge
and skills.
(d)
Registered apprenticeship programs are a written plan designed
to move an apprentice from a low- or no-skill entry-level position
to full occupational proficiency. These programs must meet parameters
established under the National Apprenticeship Act[1] that are designed to protect the welfare of the apprentice.
The Act and its promulgating regulations are administered by the Department
of Labor's Office of Apprenticeship and the New Jersey Department
of Labor and Workforce Development.
[1]
Editor's Note: See 29 U.S.C.A. § 50 et seq.
(e)
The publication "Apprenticeship Training In New Jersey - Directory
of Information and Resources," prepared by the State of New Jersey
Department of Labor and Workforce Development Division of Business
Services - Office of Workforce Initiatives, describes the benefits
that apprenticeship programs provide to the public, including, but
not limited to:
[1]
Developing and maintaining a highly skilled workforce which
has "learned how to learn" and which is well prepared to adapt to
an ever-changing employment and economic environment that is the hallmark
of today's global economy; and
[2]
Increased productivity from apprentices who are more versatile
and better able to solve work-related problems than untrained workers.
(f)
The governing body may, in accordance with N.J.S.A. 40A:11-25,
establish reasonable regulations appropriate for controlling the qualifications
of prospective bidders upon contracts to be awarded on behalf of the
contracting unit, and may adopt a standard form of statement or questionnaire
for bidders showing the bidder's financial ability and experience
in performing public-sector work, to the satisfaction of the Township.
(g)
A highly skilled workforce ensures lower costs for repairs and
maintenance over the lifetime of a completed public works project;
ensures that trade and craft workers have been properly trained to
adapt to an ever-changing employment and economic environment that
is the hallmark of today's global economy; and allows the apprentices
to be better trained which ultimately increases productivity and safety
in the workplace.
(h)
N.J.S.A. 40A:11-13 provides that any specifications for the
provision or performance of goods or services shall be drafted in
a manner to encourage free, open and competitive bidding and that
no specifications may "(a) Require any standard, restriction, condition
or limitation not directly related to the purpose, function or activity
for which the contract is awarded."
(i)
A requirement that a responsible bidder is one who participates
in an apprenticeship program is consistent with N.J.S.A. 40A:11-13
inasmuch as the requirement is directly related to the cost, efficiency,
skilled labor force, quality, safety and timeliness of the Township's
public works projects.
(j)
An apprenticeship program requirement as a condition of responsible
bidder determination is consistent with N.J.S.A. 40A:11-6.1 which
requires that public contracts be awarded not to the lowest bidder,
but to the lowest responsible bidder.
(k)
Requiring apprenticeship programs as an element of responsibility
places all bidders on equal footing and does not unnecessarily limit
the number or type of bidders on public contracts, as all contractors
will have a fair and equal chance to bid on Township contracts.
(l)
Requiring apprenticeship programs as an element of responsibility
supports State of New Jersey policy as set forth in N.J.S.A. 34:1A-37
and N.J.S.A. 52:38-1:
[1]
The State of New Jersey, as set forth in N.J.S.A. 34:1A-37 as
an example, has recognized the inherent good in the encouragement
and promotion of apprenticeship agreements and supports apprenticeship
programs through programs of the State Department of Labor and Workforce
Development;
[2]
The State of New Jersey, as set forth in N.J.S.A. 52:38-1, has
determined that a highly skilled workforce ensures lower costs for
repairs and maintenance over the lifetime of a completed project,
and such a requirement is directly related to the contract activity;
(m)
Apprenticeship programs that train highly skilled workers and
improve efficiency in government projects further the purposes of
the Local Public Contracts Law.
(2)
APPRENTICESHIP PROGRAM
DIRECTOR
LOWEST RESPONSIBLE BIDDER OR VENDOR
PUBLIC WORKS PROJECT
RESPONSIBLE
RESPONSIVE
Definitions. Unless otherwise apparent from the context, the following
words shall have the meanings set forth herein:
A registered apprenticeship program providing to each trainee
combined classroom and on-the-job training under the direct and close
supervision of a highly skilled worker in an occupation recognized
as an apprenticeable trade, and registered by the Bureau of Apprenticeship
and Training of the U.S. Department of Labor and meeting the standards
established by the Bureau, or registered by a state apprenticeship
agency recognized by the Bureau.
The Director of the Division of Local Government Services
within the Department of Community Affairs.
The bidder or vendor: a) whose response to a request for
bids offers the lowest price and is responsive; and b) who is responsible.
Any construction, reconstruction, demolition, alteration,
custom fabrication, or repair work, or maintenance work, including
painting and decorating, done under contract and paid for in whole
or in part out of the funds of a public body, except work performed
under a rehabilitation program or work performed under a contract
for road resurfacing.
Able to complete the contract in accordance with its requirements,
including, but not limited to, requirements pertaining to experience,
moral integrity, operating capacity, financial capacity, credit, and
workforce, equipment, and facilities availability.
Conforming in all material respects to the terms and conditions,
specifications, legal requirements, and other provisions of the request.
(3)
Registered apprenticeship program required for public works projects.
(a)
It is hereby established by the governing body that participation
in a registered apprenticeship program shall be a necessary qualification
for all contractors and subcontractors, including lower-tier subcontractors
seeking to perform work on any public works project for which the
Township estimates that the total cost of the project, exclusive of
any land acquisition costs, will equal or exceed $250,000.
(b)
All bidders on public works projects for which the Township
estimates that the total cost of the project, exclusive of any land
acquisition costs, will equal or exceed $250,000 shall provide evidence
that, at the time of the bid, the bidder and all of the bidder's subcontractors
participate in registered apprenticeship programs for each of the
trades of work contemplated under the awarded contract for which a
registered apprenticeship program exists. Any bidder who fails to
submit such evidence shall not be deemed a responsible bidder.
(c)
It shall be a term and condition of any and all contracts for
a public works project for which the Township estimates that the total
cost of the project, exclusive of any land acquisition costs, will
equal or exceed $250,000 that all lower-tier subcontractors (e.g.,
sub-subcontractors and below) must provide evidence of participation
in registered apprenticeship programs for each of the trades of work
contemplated under the awarded contract prior to execution of any
subcontract governing work on the public works project and prior to
performing any work on said public works project.
(4)
Incorporation into bid documents and contracts. The requirements
of this section shall be incorporated into the Township's bid specifications
and contracts for public works projects for which the Township estimates
that the total cost of the project, exclusive of any land acquisition
costs, will equal or exceed $250,000. Any violation of this section
may constitute a breach of such contract.
(5)
Repealer. All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies.
(6)
Severability. If any section, subsection, sentence, clause, phrase
or portion of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
(7)
Director approval required. Upon adoption, a certified copy of this
section shall be submitted to the Director of the Division of Local
Government Services for approval together with such other documents
as shall be required by Director, in accordance with the requirements
of Local Finance Notice 2016-12 or such successor directive issued
by the Division of Local Government Services prior to adoption of
this section. For guidance purposes, Local Finance Notice 2016-12
requires the submission of the following documents in addition to
the ordinance:
(a)
Copies of the two newspaper legal advertisements, and any other
advertisements, for the public hearing;
(b)
Certified and sealed copy of the governing body's resolution
(by the governing body's Clerk or Secretary) adopting the regulations;
(c)
A true, certified and sealed copy of the transcript of the public
hearing held pursuant to N.J.S.A. 40A:11-25. The transcript shall
be certified by the governing body's Clerk or Secretary; and
(d)
A completed, certified and sealed (by the governing body's Clerk
or Secretary) standard certification form. Please note that the certification
form has been updated to require additional information and shall
be utilized in lieu of the prior form.
(8)
Effective date and sunset provision.
(a)
Pursuant to N.J.S.A. 40:41A-101, all ordinances take effect
20 days after final passage by the Township Council of Township of
Monroe and approval by the Mayor of the Township of Monroe.
(b)
Notwithstanding the foregoing, in accordance with N.J.S.A. 40A:11-25, this section shall not take effect unless and until this section and required accompanying documentation have been submitted to the Director for approval in accordance with Subsection A(7) of this section, and either 1) the Director grants such approval, in writing, or 2) the Director fails to approve or disapprove the ordinance within 30 days of its receipt by the Director.
(c)
In the event the Director approves this section only for a limited
duration, this section shall cease to be effective, and shall no longer
constitute a requirement for bidding for or performing work under
a contract advertised subsequent to the expiration of such approval.
The Mayor shall execute and sign contracts let
by the Council and authorized pursuant to the municipal ordinances,
and the Mayor's signature shall be attested to by the Municipal Clerk.
[Amended 5-21-1986 by Ord. No. O-15A-86]
All purchases of any work, supplies, materials,
equipment or contractual services in excess of the amount as provided
by state statute for the municipality's account shall be made by the
Department of Administration, pursuant to a written requisition from
the head of the department whose appropriation will be charged, and
the certification of the Treasurer that a sufficient unemcumbered
balance of appropriation is available to pay therefor.
[Amended 5-21-1986 by Ord. No. O-15A-86]
The Mayor shall reestablish and approve uniform
standards for requisitions and purchases. The Department of Administration
shall control the delivery of all supplies, materials and equipment
and shall make or cause to be made proper test checks and inspections
thereof. The Department 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 Department 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 Mayor shall prescribe. Upon request
of the Mayor and/or the Business Administrator, each department head
shall submit a complete statement of the materials, supplies, equipment
and work and labor under contract 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 department head.
Such statement shall be in such form and detail as the Mayor may require.
[Amended 5-21-1986 by Ord. No. O-15A-86]
B.
Each department head shall designate, in writing,
a purchase certifying officer and one or more receiving clerks.
C.
Where purchases in excess of the amount as provided
by state statute are made without competetive quotation, the Department
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
the amount as provided by state statute. The Department 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.
[Amended 5-21-1986 by Ord. No. O-15A-86]
D.
The Mayor 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
procedure will permit such emergency purchases to be made for specific
purposes in a manner other than that prescribed by this article.
E.
Except as the Mayor 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 code have been followed.
[Amended 5-21-1986 by Ord. No. O-15A-86]
Immediately upon delivery of any purchase item,
the receiving clerk shall make a record thereof, on a form to be approved
by the Division of Finance, and the department's acceptance of the
delivery shall be certified by the certifying officer in such form
as shall be prescribed by the Division of Finance. A voucher properly
prepared and executed by the vendor shall be submitted to the Council
who shall not authorize payment unless and until they have first examined
a properly prepared and certified receiving report and have satisfied
themselves that the items billed were properly authorized and delivered
in accordance with a duly issued purchase order or any change thereof
authorized by the Department of Administration.
