City of Plainfield, NJ Budget and Purchasing Procedures

During the month of October, each department head shall submit to the Business Administrator requests for appropriations for the ensuing budget year, including a statement of departmental programs, expenditures and employees for the last completed fiscal year and for the then current fiscal year as estimated together with the departmental requests for the ensuing year. In a separate capital section, the departmental requests shall also set forth the estimated capital needs and appropriation requests for capital purposes of the department for the then current fiscal year and the five (5) ensuing fiscal years.

During the month of November in each year, each department head shall appear before the Business Administrator at public hearings to be held during that month on the various requests. Following the hearing the Business Administrator shall compile, analyze and evaluate the request for appropriation received from department heads, for consideration by the Mayor.

Prior to the end of each fiscal year the Planning Board established pursuant to law shall prepare and transmit to the Mayor and the Council a proposed capital budget at such time and in such form and covering such period of years as will comply with the requirements of capital budgeting established by or pursuant to state law. As to each project, the proposed capital budget shall at least set forth the estimated cost, its priority as compared with other projects required by the City, its method of financing, and the amount required for the "down-payment" under the local bond law; the amount of bonds to be issued and the amount to be raised by other sources, together with an estimate of the effect of the acquisition and operation of each project upon the current operating expense budget.

(d)

On or before December 15 in each year, the Director of Finance shall prepare estimates of property and nonproperty tax revenues which may be anticipated for the support of the budget for the ensuing fiscal year.

(e)

Not less than thirty (30) days prior to the last day for introduction of the budget as prescribed by the local budget law, the Mayor shall submit to the Council the budget document which shall include the City budget as is required by law for municipal budgets. 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.

(f)

There shall also be appended to the budget document a capital section which shall include a budget of capital projects proposed or continued for the current budget year.

(g)

The Mayor may amend his/her executive budget prior to introduction of the annual budget to the Council. Such amendment shall be made in writing and filed with the City Comptroller with a copy to the Clerk and additional copies delivered to each Councilman prior to the introduction of the annual budget.

§ 2:13-4 Council action.

The Council shall consider and act upon the Mayor's current budget and capital budget in accordance with Section 5.6 of the Charter.

§ 2:13-5 Budget operation.

Budget appropriations shall be controlled by an encumbrance system which shall be installed and administered under the direction and supervision of the Director of Finance. In consultation with department heads, the Business Administrator may establish quarterly or such other periodic allotments of appropriations as s/he may deem desirable. Each department shall plan and administer its expenditure program within the limits of such allotments, and no commitment shall be approved in excess of any such allotment except upon written authorization of the Business Administrator.

§ 2:13-6 Purchasing in general.

All purchases of any supplies, materials, equipment or contractual services for the City's account shall be made in the manner required by this article, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. and other applicable law. Except as otherwise permitted by law, all contracts for supplies, materials, equipment or contractual services that in a contract year exceeds in the aggregate the statutory bid threshold shall conform with applicable requirements of State statutes for competitive bidding. Professional service contracts, extraordinary unspecified services contracts, and all other contractual service contracts shall be awarded upon resolution of the governing body.

§ 2:13-6.1 Bid threshold.

Notwithstanding any language to the contrary, or otherwise established in the Municipal Code, the competitive bid threshold amount for the receipt of all public bids for the City of Plainfield is established at Seventeen Thousand Five Hundred Dollars ($17,500.00).

§ 2:13-7 Award of bids contract; Bids Committee.

Where contracts are let to public competitive bidding, the Council may upon recommendation of the Business Administrator with respect to all contracts other than public works contracts, and upon recommendation of the Director of Public Works with respect to public work contracts, let the contract in the manner prescribed by law. Bids shall be received at the time and place specified in the public notice to bidders (which may be at a time and place other than at a meeting of the Council) and may be opened and analyzed either by the Council or a Bids Committee (herein designated as the contracting agent of the City Council for the purpose of reviewing bids, pursuant to N.J.S.A. 40A:11-23), composed of the director of the department for which the supplies or material have been ordered, the Purchasing Agent, and the Business Administrator, or their respective designees. The Purchasing Agent shall serve as the head of the Bids Committee and shall supervise and monitor all bid activities and bid openings. The bids shall be unsealed in public, and the contents of each bid announced and the prices and terms thereof recorded in the minutes of the Council or the Bids Committee, as required by N.J.S.A. 40A:11-23.

If received by the Bids Committee, the bids may then be analyzed by the Committee and a recommendation made as aforesaid, which recommendation, together with the original bids, shall be submitted to the Council at its next meeting, at which meeting the report of the Bids Committee shall be entered upon the minutes of the Council. The Council shall thereafter proceed either to let the contract in question or take other such action as the Council shall deem necessary and proper.

Except for the purpose of reviewing bids by the Bids Committee, the Purchasing Agent shall serve as contracting agent for the City of Plainfield, shall perform such other duties and have such other functions as may be granted to such contracting agent, pursuant to N.J.S.A. 40A:11-1 et seq. Such duties shall not include the receipt of mailed bids, which duty shall be performed by the Clerk of the City, who shall accept mail receipt of such bids, maintain the same unopened, and turn such bids over to the contracting agent at the time and place set forth for the receipt of bids.

§ 2:13-8 Purchases by quotation.

Where purchases that in the aggregate are less than the bid threshold but fifteen percent (15%) or more of that amount, the Purchasing Agent shall obtain, wherever possible at least two (2) written price quotations for the item or items purchased, shall record and retain such quotations for at least two (2) years from the time they are furnished, and shall include a copy of the record of the quotation solicitation with the voucher used to pay the vendor. The award shall be made to a vendor whose response is most advantageous, price and other factors considered.

§ 2:13-9 Contracts not to be divided.

No contract which in the aggregate is single in character or which includes the provision or performance of additional goods or services, shall be divided, so as to bring it or any of the parts thereof under the bid threshold, for the purpose of dispensing with the requirement of public advertising and bidding. In contacting for the provision or performance of any goods or services included in or incidental to the provision or performance of any work which is single in character or include the provision or performance of additional goods or services, all of the goods or services required to complete such contract shall be included in one (1) contract.

§ 2:13-10 Emergency purchases.

Emergency contracts may be awarded on behalf of the City without public advertising for bids and bidding, even if the contract price will exceed the bid threshold, when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services. Emergency contracts shall be made in accordance with the Local Public Contracts Law and implementing regulations, and shall also be made in the following manner:

The division head in charge of the division wherein the emergency occurred, or such other officer or employee as may be authorized to act in place of that official, shall notify the purchasing agent, their department head, and the Business Administrator, of the need for an emergency contract, the nature of the emergency, the time of its occurrence and the need for invoking this section. Such notification shall be reduced to writing and filed with the Purchasing Agent. If the Business Administrator or authorized designee and Purchasing Agent is satisfied that an emergency exists, the Purchasing Agent shall be authorized to award a contract or contracts for such purpose as may be necessary to respond to the emergent needs. The Purchasing Agent shall ensure that any documents required of the service provider by law, and where appropriate, a certificate of insurance, is provided prior to authorization of payment for the work.

The governing body shall be advised in writing of the emergency contract award at the next agenda session of the Council.

Upon the furnishing of such goods or services in accordance with the terms of the contract, the governing body shall take such action as shall be required to provide for the payment of the contract price.

§ 2:13-11 Standards and tests.

The Business Administrator shall establish or approve uniform standards for requisitions and purchases. The Purchasing Agent shall control the delivery of all supplies, materials and equipment and other items purchased, shall make or cause to be made proper tests, checks and inspections thereof, and shall ensure that all documents required by law are affixed to the purchase order or contract. The Purchasing Agent shall ascertain whether the supplies, materials, equipment and other items purchased comply with the specification, 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 of supplies furnished are of the quality and standard required.

§ 2:13-12 Purchasing procedures.

Purchases shall be made upon requisition of a department head to the Purchasing Agent under such procedures and in such form as the Business Administrator may prescribe or approve. Except as the Business Administrator 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 Code and Local Public Contracts Law have been followed. All purchase orders and contracts shall be accompanied by the certification of the City Comptroller that a sufficient encumbrance balance of appropriation is available to pay therefor, and such other documents as may be required by law.

The director of each department shall designate by writing filed with the City Comptroller the name or names of employees in the department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries, and sign for them, only where the goods are in exact conformity with the order. Should there be any doubt as to quality or quantity, the receiving employee shall immediately notify the department head for appropriate action. If any supplies, materials or equipment are rejected, the department head shall immediately notify the Comptroller.

§ 2:13-13 Joint purchase agreements.

Pursuant to the provisions of N.J.S.A. 40:23-6.26 to 40:23-6.29, the City is hereby authorized to enter into contracts with the County of Union for the joint use by the City and other municipalities in the County of Union of administrative services and facilities of the Office of Purchasing Agent of the County of Union appropriate to the procurement of certain materials, supplies and equipment which may be determined to be required from time to time by the City, and which the City may otherwise lawfully purchase for itself.

Pursuant to the provisions of N.J.S.A. 40A:11-9 to 11, the City is hereby authorized to enter into joint agreements between other contracting units for the provision and performance of goods and services for use by the City.

§ 2:13-14 Change orders.

All change orders shall be made and approved so as to comply with the Local Public Contracts Law and implementing change order regulations. All change orders shall be approved by resolution of the governing body prior to commencement of the work, except for minor field modifications, which shall be made and approved as set forth in subsection (a) below:

Minor field modifications. Minor field modifications may be approved by the Mayor or his/her or her designee without formal Council approval, subject to such limitations as established by State law and supplemental procedures as approved by the City Council.

§ 2:13-15 Execution of City contracts.

All contracts except for purchase orders shall be reviewed by the Corporation Counsel prior to execution. The Mayor or Business Administrator shall execute and sign contracts let and authorized pursuant to the Charter and ordinances, and their respective signatures may be attested to by the Clerk.

§ 2:13-16 Form of questionnaire.

Standard questionnaire; effect of unsatisfactory answers. The City hereby adopts a standard form of statement or questionnaire for bidders on public works and contracts and hereby requires from any person proposing to bid upon any such public work or contract a statement or answers showing his/her financial ability and experience in performing public work and describing the equipment available to such bidder in the performance of such work or contract, and if not satisfied with the sufficiency of this statement or answers may refuse to furnish plans and specifications to him/her. The form of such questionnaire shall be designated by the Director of Public Works in accordance with the standards set forth in this article.

Such statements and questionnaires shall be standardized for like classes of work to be submitted to prospective bidders who may be required to respond to questions under oath. The statement or answer shall disclose fully the financial ability, adequacy of plant and equipment, organization and prior experience of the prospective bidder, and such other pertinent and material facts as may be required.

Prospective bidders shall be classified as to the character and amount of public work or contracts as to which they shall be qualified to submit bids, and bids shall be accepted only from persons so qualified. The classification shall be made and an immediate notice thereof shall be sent to the prospective bidders by certified or registered mail within eight (8) days after the date of receipt of their respective statement of answers. Such notice shall state in writing why such prospective bidder was found either unqualified or limited in qualification as to the character or amount of public work or contract as to which s/he may be qualified to submit bids.

§ 2:13-17 Classification of bidders.

There is hereby established a Board of Review upon classification and reclassification of prospective bidders. This Board shall consist of one (1) member of the City Council of the City of Plainfield and two (2) citizens of the City to be designated by the Mayor with the advice and consent of the City Council. In no event shall members of the Board of Review be appointed by the Mayor unless and until public notice is given to citizens of the City of Plainfield who shall be given an opportunity to propose candidates for such Board. The City Clerk shall be the Secretary of the Board of Review and shall keep a complete record of its proceedings and decisions. The members of the Board shall serve without compensation.

Any prospective bidder who is dissatisfied with his/her original classification or reclassification may, upon receipt of notice thereof, request in writing a hearing of the matter before the Board of Review. The request shall be filed with the contracting agent and the Secretary of the Board. The Board shall hold a hearing at which the prospective bidder shall be entitled to be heard and to submit additional information. The Board shall review the responsibility of all prospective bidders who have filed statements or answers, considering both the statements, answers, and any additional information given at the hearing, and shall certify to the contracting unit concerning its decision as to the original classifications or reclassifications, if any. The decision shall be by a majority vote. The Board shall give the prospective bidder a statement in writing setting forth the specific reasons for the Board of Review's decision, and enter the same upon the minutes of the Board of Review to be available to the City Council in the event of an appeal from the decision of the Board. In order for any change in classification by the Board to be effective for public work or contract previously advertised, the request shall be filed not less than five (5) days prior to the final day for submission of bids and the Board shall hold a hearing and act upon the request not less than two (2) days prior to the date fixed for this next opening of bids on any public work contract for which such prospective bidder might be qualified to bid as a result of the reclassification.

If any person after being notified of his/her classification, shall be dissatisfied therewith or with the classification of other bidders, s/he may request in writing a hearing before the City Council, in accordance with N.J.S.A. 40A:11-29.

§ 2:13-18 Rejection of bids.

Changes in circumstances after qualification of bidder; hearing. Nothing herein contained shall be construed as depriving the City Council of the right to reject a bid at any time prior to the actual award of a public work or contract, where the circumstances of a prospective bidder have changed subsequent to the qualification and classification of the said bidder, which in the opinion of the awarding contract unit would adversely affect the responsibility of the bidder. Before taking final action on any such bid, the Bids Committee established in Section 2:10-6, or the City Council shall notify the said bidder in writing of the specific reasons for the rejection of such bid and afford him/her or her an opportunity to present any additional information which might tend to sustain the existing classification.

Supplementing prior statements. No person shall be qualified to bid on any public work or contract unless s/he shall have submitted a statement or answers as herein required within a period of six (6) months preceding the date of opening of bids for the public work or contract, if the bidders thereon are required to be classified hereunder. In any case where the City of Plainfield shall require classification of the bidders in compliance with these sections, each bidder on any public work or contract shall be required to submit a statement listing the changes in the statement or answers herein required as part of his/her bid submission.

Forfeiture of deposit in certain cases. A deposit made by any person who makes or causes to be made a false, deceptive or fraudulent statement or answers in response to a questionnaire or in the course of a hearing hereunder may be caused to be forfeited, as liquidated damages by and to the City of Plainfield.

§ 2:13-19 Award for professional services by competitive negotiation.

Definitions: Professional services for purposes of this section means, as defined at N.J.S.A. Sec. 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. For purposes of this section, however, professional services shall not include professional artistic services as defined at N.J.S.A. Sec. 40A:11-2(6). Professional services shall include financial services or insurance services.

General provisions:

The municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation.

Professional service contract requests for proposal shall be published by the posting of a public notice at least ten (10) days prior to the awarding of any contract for professional services.

Public notice as hereinabove described shall be:

Prominently posted in the public place reserved for Sunshine Law notices; and

Mailed, telephoned, telegrammed, or hand delivered to at least two (2) newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the municipality, one of which shall be the official newspaper of the municipality; and

Filed with the Clerk of the municipality.

(d)

The public notice required herein shall include, at a minimum, the following:

A description of the professional services needed, including, where appropriate, a description of tasks involved; and

Threshold qualification requirements setting the highest possible, minimum standards for qualifying to compete for the particular services and tasks involved; and

Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the City; and

(4)

Deadline and place for all submissions.

(e)

All responders to the City's notice for the provision of professional services pursuant to competitive negotiation shall provide, at a minimum, the following information:

Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised; and

References and record of success; and

Description of ability to provide the services in a timely fashion, including staffing, familiarity and location of key staff; and

(4)

Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.

(f)

The selection criteria to award a contract or agreement for professional services shall include, but not necessarily limited to, the following:

Qualifications of the individuals who will perform the tasks and the amounts of their respective participation; and

Experience and references; and