The Mayor shall head the Office of Administration.
[Added 5-18-2011 by Ord. No. 2011-010]
A. 
Within the Office of Administration there shall be a Division of Engineering, the head of which shall be the Township Administrator.
B. 
Within the Division of Engineering there shall be a licensed engineer who shall be retained annually in accordance with the local public contracts law, specifically the provisions governing the engagement of one who provides professional services. He shall be a duly licensed professional engineer of the State of New Jersey.
C. 
The Township Administrator shall have complete and full authority over the Division of Engineering, subject to approval of the Mayor. He shall ensure that the duly appointed Township Engineer and the staff in the Engineering Division perform such duties as are prescribed by general law, charter and ordinance and, in addition, shall:
(1) 
Cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Township, either on force account or by public contract.
(2) 
Maintain surveys, maps, plans and specifications and control records with respect to public works and facilities owned or operated by the Township.
(3) 
Supervise the provision of technical and engineering advice and assistance to other Township departments, divisions, boards or agencies, and specifically to ensure that the duly appointed Township Engineer or his designated staff furnish the necessary engineering services to the Planning Board and the Council in routine work covering subdivisions, site plans, and road improvement programs under state or federal aid or assessment programs.
D. 
All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the Township Administrator shall be and remain the property of the Township. Upon the termination of his services with the Township, the Township Administrator shall forthwith surrender to any successor all such property.
[Amended 4-20-2022 by Ord. No. 2022-017]
A. 
Requisition. All purchases made for any supplies, materials, equipment or contractual services (except professional services, those unique in nature and not subject to competition and those awarded by resolution of Council) shall be pursuant to a written requisition from the Director of the department, office or agency to whom the appropriation will be charged, approval of the Administrator and the certification of the Chief Financial Officer that a sufficient unencumbered balance of appropriation is available to pay therefor. All such purchases exceeding $5,000, for a single purchase or aggregate, shall have at least three quotes solicited from manufacturers, firms or dealers unless purchased form a state contract or co-op. All such purchase contracts in excess of the bid threshold shall conform to applicable requirements of state statutes for competitive bidding.
[Amended 3-1-2023 by Ord. No. 2023-001]
B. 
Award of contracts; execution. Where contracts are by law required to be let to competitive public bidding, the Council may, upon recommendation of the Administrator with respect to all contracts other than public works contracts, and upon recommendation of the Township Engineer with respect to public works contacts, let the contract in the manner prescribed by law. The Mayor, or in the event of his/her inability to act, the Council President, shall execute and sign contracts let and authorized pursuant thereto, and their respective signatures shall be attested by the Township Clerk.
C. 
Standards and tests. The Administrator shall establish and approve uniform standards for requisitions and purchases; shall control the delivery of all supplies, materials and equipment and other items purchased; and can make or cause to be made proper test checks and inspections thereof. The ordering department 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 his opinion it is necessary to determine whether the materials or supplies furnished are of the quality and standard required, and shall accept or reject the deliveries in accordance with the results of his inspection.
D. 
Storerooms, stockrooms, or storage places. The Administrator shall control any general storerooms, stockrooms, or storage places which the Council may authorize. The Administrator may make transfers of supplies, materials and equipment between departments, officers and agencies; sell surplus, obsolete, unused or waste supplies, materials and equipment; and make any other sales authorized by Council.
E. 
Emergencies. In emergency situations, the Administrator shall establish a procedure for the purchase of any materials and supplies and/or services required for the immediate protection of the public health, safety, morals or welfare and have the authority to negotiate and award such contracts on behalf of the municipality in accordance with N.J.S.A. 40A:11-6.
[Added 6-9-2021 by Ord. No. 2021-023; amended 4-20-2022 by Ord. No. 2022-017
A. 
Purpose.
(1) 
The Township of West Milford solicits bids and/or proposals on many different types of construction contracts and therefore must take into account the qualifications of contractors and subcontractors due to the substantial taxpayer investments involved in the public construction project(s).
(2) 
The Township of West Milford has the right to adopt licensing, regulations, and ordinances pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., to ensure the performance capabilities of prospective bidders.
B. 
Responsible bidder requirements.
(1) 
All contractors and subcontractors that perform work on projects valued at or above $250,000 or more shall meet the requirements of this section.
(2) 
All contractors and subcontractors, irrespective of the number of laborers, shall provide that at least 33% of such laborers have primary residence in the Township of West Milford.
(3) 
The contractor shall confirm and verify its past performance and work history, current qualifications, and performance capabilities.
(4) 
A contractor or subcontractor shall submit a responsible bidder certification at the time it submits its bid for the contract work, and provide the information contained in Subsection B(1) through (3) above.
(a) 
If the contractor or subcontractor is not able to meet the percentage requirements set forth in Subsection B(2), they shall note that the specialized labor force needed to complete the project cannot be found in the Township of West Milford. The Township of West Milford may take that into consideration when deciding to award specific contracts.
(5) 
If the Township of West Milford concludes that the qualifications and background of the prospective contractor or subcontractor are met, it shall issue a written notice that the contractor is a responsible bidder.
(6) 
If the Township of West Milford concludes that the qualifications and background of the prospective contractor or subcontractor are not met, it shall issue a written notice that the contractor is a not responsible bidder, and shall thereafter conduct a review of the next lowest responsible bidder or, if necessary, rebid the project.
(7) 
A contractor or subcontractor shall submit a responsible bidder certification each time it submits its bid.
C. 
Penalties. If the Township of West Milford determines that a contractor or subcontractor provides false or misleading material information that was provided knowingly or with reckless disregard for the truth, the bidder shall be subject to the penalties as outlined under N.J.S.A. 40A:11-34.
[Added 12-6-2006 by Ord. No. 2006-020]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
AGREEMENT FOR PROFESSIONAL SERVICES
An agreement for the rendering of professional services to or on behalf of the Township, as defined herein, and without regard to whether the said agreement or contract is awarded pursuant to and in accordance with the fair and open procedures as established in the Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq.
AGREEMENT TO PURCHASE GOODS OR SERVICES
An agreement for the purchasing of goods to or on behalf of the Township and any vendor contracts for the procurement of goods or services not considered "professional" as defined in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., above the public bid threshold that may be established from time to time by the State of New Jersey, and without regard to whether the said agreement or contract is awarded pursuant to and in accordance with the fair and open procedures as established in the Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq.
CAMPAIGN CONTRIBUTION
West Milford campaign contribution, county campaign contribution and/or pass-through campaign contribution as defined herein. If a donation is made to an organization solely for a specific candidate that was not elected or in office at the time of the contribution or the award of the contract, it is not considered a campaign contribution for the purposes of this section.
[Amended 8-12-2020 by Ord. No. 2020-014]
COUNTY CAMPAIGN CONTRIBUTION
Any contribution, whether in the form of money, free service or pledge, including without limitation any in-kind contributions, or purchases of tickets, advertisements or the like, directly or indirectly, to any county level political organization or county level campaign committee or fund within the County of Passaic; the term "directly or indirectly" as used herein shall further mean and include any campaign contributions made through intermediaries or third parties for the purpose of concealing the source of the contribution(s).
ENTITY
Any corporation, professional corporation, joint venture, general or limited partnership, trust or limited liability company, or subsidiary or parent of any of the foregoing.
INELIGIBLE VENDOR
Any vendor who has during the preceding three-year period made campaign contributions in excess of the limits set forth in § 15-37C of this chapter.
INELIGIBLE VENDOR LIST
A list of ineligible vendors maintained by the Township Administrator or his designee of the Township in accordance with the provisions of this section.
PASS-THROUGH CAMPAIGN CONTRIBUTIONS
Any contribution, whether in the form of money, free service or pledge, including without limitation any in-kind contributions, or purchases of tickets, advertisements or the like, directly or indirectly, to any campaign committee or election fund of any candidate for, or holder of the office of, Mayor or Council of the Township, or to any municipal or party committee or political club or organization within the Township, that is received from the election fund or other campaign account of any elected official or candidate for any office other than Mayor or Council of the Township, or from any county political organization, county campaign committee or political action committee or fund within or without the County of Passaic.
TOWNSHIP
The Township of West Milford as a municipal entity, and any elected official, officer, employee, agent, department, board or commission of the Township of West Milford.
VENDOR
Any individual person or entity who either negotiates, bids or otherwise seeks to enter into an agreement to purchase goods or services as defined herein. In the case of any vendor who is an individual person, the term shall also include the individual's spouse, if any, and any child living at home, as well as any entity by whom any of them are employed or in which any of them have an ownership interest in excess of 10%. In the case of any vendor who is an entity, the term shall also include each and every principal of the said entity who has an ownership interest in excess of 10% in the entity, or any parent or subsidiary of the entity, and their spouses, if any, and any child living at home.
VENDOR'S CERTIFICATION OF ELIGIBILITY
A certification in lieu of affidavit pursuant to which each vendor shall list each and every West Milford campaign contribution and each county campaign contribution the vendor has made during the preceding year.
WEST MILFORD CAMPAIGN CONTRIBUTION
Any contribution, whether in the form of money, free service or pledge, including without limitation any in-kind contributions, or purchases of tickets, advertisements or the like, directly or indirectly, to any campaign committee or election fund of any candidate for, or holder of the office of, Mayor or Council of the Township, or to any municipal or party committee or political club or organization within the Township; the term "directly or indirectly" as used herein shall further mean and include any campaign contributions made through intermediaries or third parties for the purpose of concealing the source of the contribution(s).
B. 
Prohibition on awarding contracts for goods or services to certain campaign contributors.
[Amended 6-4-2008 by Ord. No. 2008-028]
(1) 
The Township shall not enter into any agreement for any professional service or for the purchase of goods or other services with any vendor that has made any campaign contribution in excess of the limits specified in § 15-37C of this chapter during the one-year period immediately preceding the date of the agreement or during the term of any such agreement.
(2) 
This section shall apply to all professional services contracts, with the exception of Subsection B(2)(d), (e), (h) and (i) below, and to all contracts for the purchase of goods and other services with the exception of the following items:
[Amended 9-19-2012 by Ord. No. 2012-017]
(a) 
Contracts that are awarded as a result of open public bidding as set forth under the Local Public Contracts Law, N.J.S.A. 40A:11­1 et seq.;
(b) 
Contracts that are offered to the lowest, responsible, qualified bidder after public advertising for bids and quotes, pursuant to the provisions of the competitive contracting requirement of the Local Public Contracts Law, N.J.S.A. 40A:11­1 et seq.;
(c) 
Contracts with an anticipated aggregate value less than $17,500;
(d) 
Contracts that are awarded due to certain public exigencies pursuant to N.J.S.A. 19:44A­20.12;
(e) 
Contracts with any New Jersey government and/or federal government agencies;
(f) 
Contracts with banking institutions, insurance and public utility companies that are regulated by state restrictions on political contributions;
(g) 
Contracts the Township enters into for the purchase and acquisition of open space;
(h) 
Contracts for professional services, if such professional has already been appointed or retained by the Township and has provided such professional service to the Township continuously for a period of at least 10 years or greater. However, if any professional who has provided such service to the Township for a period of 10 consecutive years or greater has a break in his representation for any period of time, this exception shall not apply, and such individual shall be subject to the provisions of this section; and
(i) 
Contracts for professional services, if such professional is a Governmental Affairs Agent as defined in N.J.S.A. 52:13C­20(g) of the New Jersey Legislative and Governmental Process Activities Disclosure Act who is validly registered with the New Jersey Election Law Enforcement Commission ("NJELEC") and/or files with the NJELEC a notice of representation with respect to the services to be performed on behalf of the Township within 30 days after the award of the said professional services contract as required by law.
C. 
West Milford and county contribution limits affecting vendor eligibility and conflicts of interest. Campaign contribution limits affecting the eligibility of vendors, pursuant to Subsections B and D, to enter into or be paid pursuant to agreements for the purchase of goods or services are as follows:
(1) 
The maximum amount of West Milford campaign contributions that may be made by a vendor to each political organization or campaign committee or fund during any election cycle shall not exceed $300.
(2) 
The maximum amount of county level campaign contributions that may be made by a vendor to each political organization or campaign committee or fund during any election cycle shall not exceed $300.
D. 
Limits on political campaign contributions by vendors to the Township. No vendor shall knowingly solicit on behalf of, or make any campaign contribution in excess of the limits specified in § 15-37C herein during the pendency of any such negotiations for, or during the term of, any agreement to purchase goods or services.
E. 
Vendors to certify their compliance with the Township's restrictions on campaign contributions; obligation is continuing. Prior to issuing any purchase order or awarding to any vendor an agreement for the sale of goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Township's Administrator, or his designee, shall require that the vendor submit the required forms adopted by the State of New Jersey in conjunction with the state's existing Pay-to-Play Law, in which the vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in § 15-37C of this chapter. The Township Administrator or his designee shall keep the original of each such certification of vendor eligibility on file. Notwithstanding anything contained herein to the contrary, the vendor shall have a continuing duty to report immediately to the Township Administrator or his designee any campaign contributions made in violation of this section that occur during any time that an agreement for the sale of goods or services is in effect, or that occur during the pendency of any negotiations or bidding by the vendor to enter into such an agreement.
F. 
Vendor who refuses to certify its eligibility or knowingly submits a false certification of eligibility shall be declared to be an ineligible vendor. In addition to such other penalties as may be provided by law, any vendor who, after 10 days' notice of the consequences thereof, refuses or otherwise fails to provide the certification required herein, or who knowingly files a false vendor's certification of eligibility, shall be designated by the Township Administrator or his designee as an ineligible vendor, and shall be promptly included on the ineligible vendor list maintained pursuant to § 15-37G hereof and shall thereafter be prohibited from entering or continuing any agreement for the sale of goods or services with the Township, and from receiving any payment pursuant to such an agreement for a period of three years from the date the vendor is designated as ineligible.
G. 
Township Administrator to maintain a list of ineligible vendors. The Township Administrator or his designee shall prepare and at all times maintain a list of vendors who are, by virtue of the provisions of this section, ineligible to enter into an agreement for the sale of goods or services with the Township. The Administrator or his designee shall prepare this list based upon information obtained from the submission of the required forms from the vendors pursuant to § 15-37E. The Township Administrator or his designee shall update the list of ineligible vendors within 10 business days of the receipt of any certifications or information as required in this section.
H. 
Contributions made prior to the effective date. Notwithstanding any term contained herein to the contrary, this section shall not consider campaign contributions made prior to January 1, 2007, and no such campaign contributions shall be considered by the Township Administrator or his designee in determining a vendor's eligibility pursuant to this section.
I. 
Curing violations; return of excess contributions. Any vendor may cure a campaign contribution made in excess of the limits set forth in § 15-37C of this section if the said vendor notifies the Administrator or his designee of the Township in writing that it has received a reimbursement of a contribution in excess of that allowed in § 15-37C and by attaching a true and correct copy of the check received in reimbursement within 60 days of making such contribution.
[Amended 12-5-2007 by Ord. No. 2007-030; 9-7-2022 by Ord. No. 2022-041]
The Township budget shall be prepared by the Municipal Administrator and the Treasurer, and the following shall apply:
A. 
Budget requests. Each year the Administrator shall require all department heads to submit requests for appropriations for the ensuing budget year, and to appear before him at public hearings which shall be held on the various requests.
B. 
Budget document. Upon the basis of the department requests, the budget hearings, his/her analysis of the needs and resources of the Township and such policy guides as may be prescribed by resolution of the Council, the Administrator shall prepare his/her recommended budget in the form required by general law for Township budgets. On or before February 10 in each year, unless extended by the Division of Local Government Services, the Administrator and Mayor shall present to the Council his/her budget document consisting of:
(1) 
The recommended budget.
(2) 
A budget message.
C. 
Budget message. The budget message shall consist of such explanatory comments, exhibits and schedules concerning the budget as the Administrator may deem desirable, together with:
(1) 
An outline of the proposed financial policies for the ensuing budget year, including explanations of the important features of the budget and of any major changes in policy.
(2) 
An analysis of revenue and costs, and of work performance contemplated by the budget as far as appropriate units of measurement may have been developed and installed.
(3) 
A statement of pending capital projects and proposed new capital projects relating the amounts required for capital purposes to the down payments and other expenditures financed from current appropriations and to the amounts of bonds to be issued during the budget year.