State Exam Review Guide Flashcards
the Authority by which a new municipality can be formed
the State Government may create or abolish
5 types of municipalities
borough, city, town, township, village
method used to change the form of municipal government
petition by voters, election of a charter study commission, ordinance by governing body
the optional 4 forms of municipal government
special charter,
commission walsh act
3.municipal manager
4. Optional municipal charterfaulkner act which is mayor council plan - strong mayor, council-manager , small municipalities, Mayor-Council Administrator
5 types of school districts/differences in types
A. Type 1 appointed by mayor, school tax levy determined by boe, approved by boe: (mayor, 2 members of boe and 2 members of governing body, and school debt is municipalities
Type 2. members of boe elected by voers, school tax levy submitted to the voters for approval. it budget defeated goes to governing body, school debt is the schools
3. Regional -School district is the same as municipality or can encompass 2 or more municipalities. create a consolidatd or regional school district (toms river). The sources of revenue is property taxes, federal aid and state aid
4. Special Districts - fire, garbage, street lighting. funded and administered 2 ways: 1. election of special district governing body an approval of tax levy. 2 tax levy determined by municipal governing body
define type 1 and type 2 school districts
A. Type 1 appointed by mayor, school tax levy determined by boe, approved by boe: (mayor, 2 members of boe and 2 members of governing body, and school debt is municipalities
Type 2. members of boe elected by voers, school tax levy submitted to the voters for approval. it budget defeated goes to governing body, school debt is the schools
explain Charter Study Commission
a. members- 5
b. time line - must organized within 15 days following election
c. how placed on ballot - either through Ordinance or Petition
d. report - must file Report of Findings and recommendations in 9 months
define county classifications
21 counties
First Class - over 550,000 w/ density over 3000 people per square mile
Second Class - over 200,000 not bordering on Atlantic Ocean
Third Class - not less than 50,000 nor more than 200,000, not bordering on Atlantic Ocean
Fourth Class - less than 50,000 not bordering Atlantic Ocean
FIFTH CLASS - over 125,000 bordering on Atlantic Ocean
SIXTH CLASS - 125,000 or less bordering on Atlantic Ocean
Term of freeholders
3 year term with staggered and overlapping terms, serves as policymakers and individual adminstrators of county departments. Optional County Charter Law - 4 plans
Optional County Charter Law - 4 plans
- county executive plan
- county manager plan
- county supervisor plan
- board president plan
freeholders consist of how many members
5,7 or 9 members, concurrent or overlapping (3yr term), at large from districts or combination of districts and at large.
Money and Finance- 1.property tax, 2 misc revenue, 3. state aid, 4. institutional revenue
9 sources of Government Revnue
- property taxes
- misc rev
- public utility
- surplus appropriations
- state aid
how many municipalities in new jersey
566
Municipal Clerk
3 year term, begins at appointment, reappointed with 60 days of expiration of prior term, must be RMC after january 2002, tenure acquired with second appointment and 1 day
who appoints municipal clerk
governing body
requirements for appointment
must be US Citizen, 21 + yrs olf, good moral character, high school grad or equivalent, minimum 2 years duty or 2 years of college
the basic functions of the municipal clerk/core duties
secretary to the corporation secretary to the governing body cheif administrator of all elections registrar of voters chief administrative officer records manager and coordinator of the municipality
municipal clerk as registrar of vital statistics
with municipalities of less than 5000 people and term runs with clerk
statute pertaining to appointment of municipal clerk
NJSA 40A:9-133
Acting Clerk
has the same authority as Municipal clerk, appointment limited to 3 one year terms, must have RMC cert for an future appointment
removal of municipal clerk
criminal conviction , knowingly commits error, may be removed if CEU requirement is not met
recertification
2 CEUs in each of the following areas: elections, finance, records, professional development, licensing, and 10 additional in any of the above or any combination : IT, ethics
legal sources
- definitions of titles, chapters, sections (this is the form that was adopted to organize the statutes concerning the same subject together (59 titles)f
- titles 40 and 40A, 19 and 26
40 & 40A Municipal Law
19- Elections
26 Vital Statistics - NJSA - statutes annotated
59 titles
titles, chapter, section
NJSA 19: 12-6
published commercially and has pocket part supplements - Pocket Parts
new and updates to statutes found in the back of the book are pocket part - teh Abbreviation N.J.A.C a
administrative code “how to” book - rules regulations by state agencies
sources of basic law
chapter law-session law
case law
NJSA
NJAC
rules to governing parliamentary procedure
roberts rules, cushing’s or demeters
Right to Know Law statutes
NJSA title 47/ OPen public meetings act NJSA 10:6-7
charges for copies
if not set by ordinance then as per statue .75 for 1-10, .50 for 11-20 and .25 for 25+
Vital statistics, how they may be available and to whom
through the office of the registrar, and to the public 10 of the month local regisrar is required to transmit to the State Registrar all birth, death , and marriage certificats. large municpalites send the 10 and the 25th
Open Public Meetings Act
a. notice/annual notice - within 7 days following reorganization, post and distribute the meeting schedule for the coming year containing time, date, and place for each meetings.
B.Emergency meetings - limited to emergency issues for health, safety and welfare and protection of public. 48 hour notice or as soon as possible either befor or after meeting takes place.
c. agenda for emergency meeting - nature of emergency , importance of meeting, nature of substantial public harm, limit discussion to matter of emergency, time, date, place and manner of notice of meeting provided.
D. Exceptions/conditions to enter into executive session - public body must adopt a resolution stating reason for closed session, reasons stated may only be discussed, no formal action may take place in closed session.
what is qualifies for a Closed Session and what must be included in the minutes?
A. minutes containing date, time and place, members present and subject considered
B. discussion limited to federal, state or rule of court that is rendered confidential; any matter which release of information would impair a right to receive federal funds; collective bargaining; possible purchase of property; public safety; pending, anticipated or possible litigation; and matters involving employment
define annual notice and changes
means at least once a year within 7 days following reorganization, the public body shall adopt, post and distribute a schedule of its regular meeting for the coming year. In addition it shall be mailed, telephoned, telegraphed or hand delivered to at least 2 newspapers which shall be designated by the public body to receive such notices.
Any revisions to this schedule by the public body shall post, mail, submit revisions as per conditions pertaining to annual notice within 7 days of revision.
define reorganization meeting
12 noon on Jan 1 or within the first week in January - nonpartisan must be on July 1st of each year
definition of resolution
an act or regulation of the Governing Body reduced to writing and acted upon only once. takes effect at the meeting it was acted upon. has legal effect the same as an Ordinance
definition of an Ordinance
An act or regulation of the Governing Body reduced to writing and is read at more than one meeting and published
What type of ordinance requires 10 days notice prior to hearing?
land, assessment, bonds
what ordinance requires 7 day notice to hearing?
capital improvement
Zoning Ordinance filing
notify all property owners within 200 feet of zone an adjoining municipalities. Within 30 days file with county planning board
Oaths of Office
administers and records the oaths of office for members of Governing Body and municipal appointments
Contents of minutes
- date, time and place of meeting
- members present
- subjects considered
- action taken if any
- vote of each member
- any information required by law
tape recording of meetings
optional, designed to provide complete and accurate documentation of public proceedings
Rules of Order
roberts rules, cushing’s manual, Demeter’s manual
types of motions, and what is debatable
- Table a motion - needs a second - not debatable
2. Motion to reconsider - can only be made by person of prevailing side
Vote required to limit discussion
needs a second and 2/3 vote
Result of a tie vote
in case of appointment, position is vacant; and in all others reverts to status prior to vote
what is abstain?
considered a Non Vote but vote must be recorded in minutes
when is discussion on a motion allowed?
before Roll Call
Motions that don’t need a second
Points of Order
Quorum definition
majority of full membership
definition of records management
to make records serve the purpose for which they were created as efficiently and economical as possible
Outgoing officials have to return ____ within ___ days
code book , 5 days
procedure for disposal of records
must receive written authorization from DARM
- request and authorization form
- list records and corresponding retention
- records series
- inclusive dates
- retention period
- volume
- list department or town
- signatures of Clerk as records manager, Dept. Head signs and if Fiscal Auditor
- Mail to DARM for approval
Types of filing systems
alphabetical, numerical, alpha/numerical/chronological, color coded
differences between records storage and archives
A. STORAGE - to provide for low cost maintencance and protection of semi-current records in a place other than office’s active file
B. ARCHIVE - to secure the transfer of inactive records which have a permanent value and to provide for their preservation in an environmentally controlled facility that permits reference access.
C. Archive Locations: Clerk, municipal library, municipal historical society
Right to Know statute and OPen Public Records Act
NJSA 47:1A-1
all records which are required by law to be made, maintained or kept on file are deemed to be public records. These records are referrred to as Statutory Right-To-Know records
Definition of Common Law Record
a document created by not required by statute in the performance of ones duties
Definition of Statutory Record
a document required to be created, maintained and kept on file
definition of public record
any form of evidence of the actions of an agent or organization which receives a substantial contribution of tax dollars to conduct its activities regardless of the medium
Microfilming - types of camera
step and repeat, planetary, rotary
Microfilming - types of film
roll, unitized, silver halide, copy diazo, besicular, direct image
definition of a vital record
a record necessary for the operation of the municipality, irreplaceable record that offers direct evidence of legal status
definition of record series
a group of identical records or related records that are normally filed together
role of state in local records management
- records and form analysis
- record storage
- archives
- microfilm services
composition of State Records Committee
- stae attorney general
- state terasurer
- state auditor
- director DLGS
- Director of DARM
Procedure of disposal of a recording
80 days after teh approval of the minutes created from these tapes and written authorization from DARM allows for the destruction of pages
definition of accessioning
the transfer into physical and legal custody of the archives and becomes the permanent and legal responsibility of the archives
file audit or inventory
the complete listing of records by record series together with description and support of information
definition of FORM
a preprinted instrument, usually paper, which contains blank space for the insertion of information
records retention schedule
a listing of the records series given offices or units
4 types of records
Vital - irreplaceable, essential , for continuity of service
Important-replaceable but can only replaces at considerable expense
Useful - loss does not present any real obstacle to daily business
Nonessential- loss present no obstacle to daily business
Record Appraisal
Archival- legal permanent value
Intrinsic- their characteristics, as in age, make them valuable
When are elections changed and by whom?
after 10 year census and by county election board
The numbers votes cast to change an election district
whenever in consecutive general election more than 750 or less than 250 votes are cast
standards for election districts
contiguous area, compact, clear defined boundaries
wards are changes and by whom
municipality adopts ward system - board must hold initial meeting to adopt charter or amend charter to require wards within 5 days after Governor promulgation of Federal decennial census within 3 months by Board of Ward Commissioners
standards for Wards
contiguous, compact, and population of largest may not be more than 10% larger
what is the report of map and word description?
not within 75 days of Primary or General Election at which Municipal Officers are elected
Requirements for voter registration
a. us citizen
b. 18 years old
c. lived in county at least 30 days prior to election
d. registration must be no later than the 21st day prior to the election
procedures for a mail-in ballot
request from county clerk, municipal clerk, party leaders etc. aplication received by county clerk 7 days prior to election or in person by 3:00 day before election
ballot for civilian or military
emergency voting form
how to change political parties
file party affilation card 55 days before election
petitions deadline for municipal office
filed 64 days prior to primary electin by 4pm
what is a non-binding referendum
Governing Body desires to ascertain the sentiment of the legal voters of the municipality
definition of Recall
the voters of a jurisdiction are to decide whether an elected official shall be recalled from office
definition of Initiative
the power of voters to propose and enact legislation
definition of Referendum
the power of voters to approve or reject at the polls any ordinance submitted to them by the Governing Body
Municipal Vacancy Law
in the last year after Sept 1 appointed by Governing Body
- any other time stays vacant until next general election
- tie vote creates a vacancy, mayor or governing body member dies, fails to attend 8 consecutive meetings, unexcused meetings
the result of a tie vote
creates a vacancy
the result of a spoiled ballot
where paper ballots are used only one replacement ballot may be issued because the first is not usable
definition of an irregular ballot
Write-in
date of Primary
first tuesday after the first monday in june
date of genergal election
first tuesday after the first monday in novenber
date of non-partisan
second tuesday in may
date of school board election
3rd tuesday in april and if board approves moved to General First tueday after first monday in november
reasons for holding special election
vacancy in office, initiative or referendum, recall election, create fire districts exceed budget caps
what is the duty of the Election Law Enforcement Commission?
monitor Campaign spendin by candidates, PACs and vendors
what is the date and who selects the place of polling locations?
the Municipal Clerk seledtes places by April 1t and County board of Elections selects th epolling place
registration requirement for a voter who moves within the county
faile safe voter - may vote in new district using a provisional ballot
registration requirement for a voter who moved within the district
Fail safe voter - votes privisionally
name two types of voter registration
evening and mail-in registration
primary election
certification of candidates to County Clerk,
responsibiities for petitions
procedures to assist handicapped voters
- a person of their own choice may aid, not employer, agent of employer or official ora agent of voters union
- Two (2) Board workers one from each political party
- Board records voter name and address and persons assisting on disability certificate
Electioneering law
no person shall during an election shall suggest, solicit display any support for any candidatr or question within 100 feet of the entrance of the poolling place
Elections costs
non-partisan costs funded by town,
partisan costs funded by county
requirements for foreign speaking district workers
10% or more Hispanic in district must have 2 additional workers who speak spanish
date for appointment of district boards
by county board of elections by April 1st
requirements for the American flag
american flag shall be displayed at the outside entrance to each polling place, furnished by either the municipal clerk or the county clerk
apppointment and duties of challengers
county party chairman, candidate for office, proponents and opponents may appoint 2 challengers each
challenger rights
challenge the right to vote of any person,
may ask question to determine right to vote,
may challenge the county of votes,
School elections Type 2 district opening and guidelines
3rd tuesday in april, minimum hours polls open/close at 9pm. minimum of 4 hours . may be open longer and earlier hour is 7am
temporary budget must not exceed ___ of the _____ of year’s budget. This provides for period between the beginning of the ___ year and the adoption of the _____. It is adopted within the first ___ days of budget year and is amended by ____ up to and includeding the 30th day of the month. The vote is by ____ membership
26.25%, preceding, fiscal, budget. 30 days, resolution, majority vote
where to unexpended appropriation balances go?
into the general fund as surplus
unexpended appropriations are cancelled by
resolution
the unexpended appropriations are automatically cancelled after ___ years
2
budget introduction and adoption
- By resolution, 2 readings and need majority of full membership vote.
- 1st ready by 2/10 or 8/10 at public meeting (can be read by title only)
- Time and place of hearing fixed by Governing Body
- within 3 days, 3 certified copies of approved budget are submitted to DLGS
- DLGS must certify approval before adoption, no later than 3/20 and 9/20
- 10 and 28 rul - publish in full or approved synopsis within 10 days of 2nd reading, at least 28days between introduction and adoption
- within 3 days of adoption send certified copies to DLGS with Manual signatures and votes
budget published in official newspaper at least ___ days before the date of public hearing and after adoption
10 days
the budget can be advertised in ___ or by ___, must include ___, ___, and ___ of hearing and not less than ___ days after introduction of budger
full, summary, date, time and place 28
NOTES:amendments can be made after introduced or required by DLGS
- director of DLGS can amend prior to the public hearing witout advertisement
- Governign Body may make amendments only during or after the public hearing of the approved budget
- need public hearing if adds new item in excess of 1% of total appropriations
- increase or decreas of any item of appropriation more than 10%
public hearings of budgets are done __ days between introduction and the public meeting
28days
a public hearing must be held when a new appropriation item exceeds ___% of total appropriation of introduced budget. Or when amount to be raised by taxation increases by more than ___. Or when an amendment increases or decreases appropriations by more than ___ %
1%, 5%, 10%
hearings can not be held less than __ days after introduction approval of budget
28 days
the budget must be read in full unless
one week prior a complete copy of budget is made available to public at public library
budget resolution is passed by
majority of full membership , allowing to be ready by Title only
budget posting timeline
posted 1 week prior to hearing , copies made available for public inspection in free local or county libraries
legal depositorie is dsignated by ___, must be ____, and depostied within ___
Resolution, interest bearing, 48 hours
petty cash is established with approval of ___
DLGS
when can unexpended balances be cancelled and by whom?
may cancel prior to end of fiscal year, by resolution of governing body
if an unexpended balances are not cancelled by by end of year, what happens?
automatically cancelled at the end of the next succeeding fiscal year, and funds go into surplus
Raising the municipal cap can not exceed ___
2%
before increasing the municipal cap, what must be done
referendum can be conducted by municipality requesting approval to increase more than 2%, and a resolution authorization is required
what exceptions may be subtracted from buget amount when calculating rate of increase
pension, debt service, increase in health insurance, emergency appropriations
what is a True and Faithful Performance Bond
Contractor’s proved surety bong guarantee for faithful performance of contract
what is a Blanket Faithful performance Bond
waives necessity for individual applications and can be provided in lieu of individual bonds except for Treasurers and Tax Collectors
What is the process for Emergency Appropriation
- made after adoption of budget for unforeseen purpose for health, safety, welfare of public
- Vote 2/3 of full membership and CFO statement
- File with DLGS
- Regular - sewer, roads, natural disaster
- Special - by ordinance: Revaluation, codification, Master Plan, Tax Maps, pay back in 5 years
- must be put into the next year’s budget
process and votes for Appropriation Transfers
done during the last 2 months of the current fiscal year, or the first 3 months of the new fiscal year, and by a 2/3 vote by full membership. Votes are transferred from one line item to another
process for Appropriation reserve transfers
done during the first 3 months of budget year (jan feb march of calendar year), with 2/3 vote of full membership
Notes on appropriation reserve
do not send to DLGS, but still require 2/3 of full membership. no transfers from an appropriation outsid ethe CAP
What is an index rate ordinance
annual % increase in implicit price deflator for purchase of goods and services for year preceding current year. Director determines rates by Oct 1st
Bidding Requirements fall under what law?
Local Public Contracts Law
what is the process for Bidding
a. required for expenditures in excess of bid threshold paid with public bunds. Periodic purchases of goods and services which are single in character totaling over formal bid threshold for given year must be bid in accordance with formal bid requirements
b. only governing body by resolution may award contracts exceeding the bid threshold.
c. up to $17,500 contract may be awarded by purchasing agent if so authorized by ordinance or resolution
d. bid threshold may be up to $36,000 if purchasing agent is qualified
what is the Annual Financial Statment
verified statement of financial condition of local unit as of close of fiscal year. It is filed annually with DLGS by CFO by Feb 10th of Calendar budget year or August 10th Fiscal Year
timeline for Annual Audit
prepared 6 months after close of Fiscal year by Registered Municipal Auditor (RMA) and filed with Municipal Clerk and Certified duplicate filed with DLGS.
done within 30 days of receipt of audit must publish synopsis with recommendations by RMA in official newspaper.
municipal clerk must forward to DLGS proof of publication, certified resolution, and one originally signed group affidavit.
A Corrective Action plan is need by REsolution within 60 days of receipt of audit approving plan. and send certified resolution and plan to DLGS
7 elements of a Bond Ordinance
- estimate cost
- period of usefulness
- supplemental debt statment
- chapter 20 expenses (soft costs)
- estoppel statment
- capital budget amended (goes to DLGS)
- down payment 5%
True or False: for Multi-purpose Bond Ordinance any 2 or more purposes may be provided for in a single bong ordinance for local improvement benefiting the entire town
true
Down payment for Bond ordinance
5% - must be available prior to final adoption (from prviously adopted budget, surplus funds, emergency approproation)
Debt Limit
not in excess of 3.5% of average or prior 3 years equalized assessed real property valuations (net value of property)
Multi-purpose bond ordinance differences from Regular Bond Ordinance
estoppel statment, time frame, publish in full both times, 2/3 vote of full membership to adopt
estoppel - allows 20 days time limit from date of publication of ordinance following the final adoption for questioning of validity
Wehre are Capital projects paid from ?
from Capital Improvement Fund or through sale of bonds or notes
procedure for Bond Ordinances
- 1st Reading - written document, read by title only
- 2nd reading - read at least 10 days after
- need supplemental debt statement
- Vote - 2/3 of full membership
Local Fiscal Affairs Law when must it be completed? who is it filed with? prepared by? approved by?
- annual audit must be completed within 6 months after close of fiscal year
- report of audit filed with municipal clerk
- corrective action plan prepared by cfo
- annual financial statment filed with DLGS
- legal depositories of public moneys designated by REsolution
- payment of moneys of local unit certified by officer
- approval and payment approved or disapproved by the Governing Body
- Petty Cash fund may be established
- Annual Debt Statment
What is a Chapter 159? and how is it approved
Resolution used to insert Revenue into budget to make available for expenditures such as Grants
Annual Debt STatment
The chief financial officer before the end of the first month of each fiscal year, make and file in the office of the clerk and of the director of DLGS an annual debt statement, under oath, as of the last day of the preceding fiscal year, and such statement shall be a public record open to inspection
Statute for Local Public Contracts or Bids
NJSA 40A:11
threshold for bids
$17,500
how often is the bid threshold adjusted and by whom?
every 5 years by the Governor
ward of bid goes to?
lowest responsible bidder?
Corrective Action Pan prepared by?
CFO
annual financial statement filed with?
DLGS
legal depositories of public money designated by?
resolution
payment of money local unite certified by?
Officer
award or rejection of bid within ___ days
60 days of receipt of bid
return bids not among 3 lowest within ___ days
10
___ days after award and signing the bid security of unsucessful bidders returned
3
signed contract of bid within ____ days of award
21
no contracts longer than ___ months except _____
24 months, except trash collection (they can be 5 years)
notes for license
Governing bodies are given general power to make, amend, repeal and enforce ordinances to license and regulate except for those holding a license or certificate issued by the State of New Jersey
Administrative Code for Alcoholic Beverages
NJAC 13
NJ Statute for alcoholic beverages
NJSA 33
NJAC 13
Ad Code for alcoholic beverage controls
NJSA 33
Nj statute for alcoholic beverages
Plenary Retail consumption license #
33
Plenary retail distribution license #
44
Renewal date for all licenses
july 1
Club License #
31 - license is fraternal, non-profit, groups of at least 60 voting members that have been in operation for at least 2 years and have a meeting place for that same period of time
License fees
All ABC fee $200 Municipal fees: Club min $63, Max $188 Consumption min $250 Max $2500 Distribution $125 Max $2500
define Liquor transfers
there is a person to person transfer at sale or to structure changes.
there is a place to place transfer when expanding or contracting sales area or moving to a new location
what is a pocket license?
license not active but still may cover a location
Renewal procedure for ABC license
application for renewal delivered to current operators,
tax clearance certificates received by Clerk from state tax
renewal fees received by Municipal Clerk,
Resolution authorizing renewal by governing body,
copy of certified resolution(s) along with renewal applications and,
fees sent to Director of Alcoholic Beverage Commission by July 1st
list Miscellaneous licenses
taxi, limousines, merchants and business, food and lodging, used cars, produce at public markets
statute for dog licenses, where are the fees sent and how often is the census?
NJSA 4 (animals 4 legs), sent to STate Board of Health by 10th of MOnth, and Dog Census taken every 2 years and forwarded to State by September 1st
what is PERS?
Public Employee Retirement System
what is PFRS
Police & Fireman Retirement System
what is PERC
Public Employee Relations Commission
who files the Local Ethics Law and by what date?
forms filed by public officials and board and members, filed by April 30th every year
local lands and Buildings statute, and what does it cover
NJSA 40A:12, allows for the purchase, construction of buildings to carry on the business of teh municipality
what is the Municipal Land Use Law statute?
NJSA 40:55d
what does the municipal land use law cover and where are copies sent?
Governs the planning, zoning, subdivisions and the site plan powers of the municipality. copy must be sent to Municipal Tax Assessor, and copy of Zoning Ordinance sent to County within 30 days of adoption
condo conversion is _____ territory
protected
what does condo conversion cover?
protects the rights of the disabled and elderly if they cannot afford to purchase ad have occupied the the appartment for 2 years prior to condo conversion.
what is the length of condo conversion protection?
40 years
what is classified as protected civilian in condo conversion?
totally disabled and veteran 60% disabled, elderly must be 62 years of age prior to conversion
who does landlord/tenant registration apply to
applies to all rental premises with more than two rental units, 30 days after transfer of ownership
what is the offsite disclosure
the law was enacted to ensure that buyers of new residential construction have information available to them abou the location of off-site conditions while considering the purchase of a property
state statute for Tort Claims and what is it
NJSA 59 - establishes procedure and time constraints by which claims against public entities may be brought forth
where does PERC fall under?
Nj Dept of Personnel/Civil Service
what is the Right To Know Act
Hazardous Material 0 a listing of all hazardous material and there content shall be made available to all municipality
what are Blood-borne pathogens?
microorganisms that are present in blood and body fluids and can cause disease in humans (ex HIV, HB Hepatitis)
What are Assessment Searches and when are they done?
performed by the Municipal Clerk to verify any local assessments and must be completed within 15 days of receipt of requirest
what is LOSAP
length of Service Award Program - tuition for fireman, family or children for college
Bid guarantee. %, max limit and in what form?
payable to town for the faithful signing and execution of contract, 10% of bid payable to town, not in excess of $20k, in the form of a certified check, cashier’s check or bid bond
what is the Consent of Surety?
given at time of bids are received stating that performance bond will be gien upon contract signing
performance bond
provided by a surety company for contractor’s faithful performance of all provisions of contract specifications. Bond form and contents should be reviewed by Municipal attorney
maintenance bond
serves as security after acceptance of work performed. bond cannot be longer than 2 year and no more than 100% of project costs
Bidding requirements of teh local public contracts law
required for expendidtures in excess of bid threshold paid with public funds. periodic purchases of goods and sercices which are single in character totaling over formal bid threshold for given year must be bid in accordance with formal bid requirements.
only governing body by resolution may award contracts exceeding the bid threshold.
Up to $17,500 contract may be awarded by purchasing agent if so authorized by ordinance or resolution
Bid threshold may be up to $36,000 if purchasing agent is qualified
what is bid threshold for Qualified Purchasing Agent
$36,000
what are the requirements for the solicitation of Quotations?
for all contracts below the bid threshold but 15% or more of that amount ($2625 for $17,500 or $3,750 for $25,000) shall award contract after soliciting at least 2 competitive quotations. Awarded to vendor who is more advantageous, price and other factors considered
when do you need a formal competitive bid?
required for expenditures in excess of bid threshold paid with public funds. Need formal bid for periodic purchases of goods and services single in character totally over formal bid threshold in given year. If cumulative dollar amount expended during multi-year contract exceeds formal bid threshold then must advertise and receive formal bids.
sums expended in connection with same immediate purpose or task
titles of administrator
Business Administrator, Municipal Manager, Municipal Administrator
what is the Bid threshold
dollar amount set above contracting unit shall advertise for and receive sealed bids
exceptions to receipt of formal bids
- professional services (engineer, attorney, architect)
- extra ordinary services ( insurance coverage, codification, tax maps, Master Plan, Legal Notices in newspaper, Election Expenses, towing and storage contracts)
- emergency purchase- inform purchasing agent or governing body of the need nature and when and why
name the type of bid spec possibilities
- resident - bidder must be a resident or business in town or county
- can not discriminate
- require brand name or equivalent unless proprietary
- publish in official newspaper no less than 10 days prior to date to receive bids
- bids for solid waste published in legal paper and one general circulation published in state
reasons for rejection of bids
exceeds cost estimate, exceeds unit appropriation, decide to abandon project, substantially revise the specs, local public contract law being violated, decide to use State authorized contract
what is the timeframe from when bids are received and awarded
60 days
what is the timeframe from receipt of contract to award
21 days
reasons for disqualification of bidder
- bidder failed to provide or perform services
- failed to completed in timely manner
- performed unsatisfactorily under prior contract (document)
what is a contract and durations?
- any agreement legally binding and enforceable by law between vendor and contracting unit.
- duration - not to exceed 24 months
- solid waste and recycling - 5 years
- data processing - 7 years
- professional services - 12 months
note of when no advertising for bids
purchases through state division of purchasing and property
joint Purchasing
two or more local contracting units agree that one will serve as purchasing agent
cooperative pricing
one agency performs the advertising and awarding but there are separate contract or PO’s for each agency
commodity resale
can purchase gas, snow removal chemicals, road construction materials and then resell portion to another participating member
Notes for EUS
Extraordinary Un-specifiable Service, give reason in Resolution, Publish once
the length of a contract year
12 months following award of contract
competitive contracting
contract for specialized goods and services when proposals are solicited from vendors by resolution.
proprietary computer software, hiring of not for profit or for profit entity , operation of wastewater treatment system, management of recreation program or data processing services, home health care sercives, laboratory testing , emergency medical services, food services, patient care sercices, concessions
what is a concession
grant license to provide service requiring approcal of contracting unit
goods and sercices
work, labor, commodities, equipment, materials, or supplies provided or performed through a contract
what is the Index Rate
annual % increase rounded to the nearest 1/2% in Implicit Price Deflator published by US Dept of Commerce
Lowest Price
least amount meeting all requirements
Lowest responsbile bidder
conforms to al requirements with lowest price
Official newspaper
paper designated by contracting unit pursuant to NJSA 35:1
define proprietary
specialized goods or services made or marketed by someon having exclusive rights, need is certified by Governing body
purchasing agent
governing body by ordinance establishes Office of Purchasing Agent who prepares advertisements for receipt of bids, receives bids, conducts activities necessary to purchasing function
Qualified Purchasing Agent
criteria set by DLGS
sale of public property
done by resolution of the Governing Body when no longer needed, when value exceed 15% of bid threshold $2,625, sold at public sale except when sale made to other government agency. include advertised date, time and p lace.
Sale not less than 7 or more than 14 days after publication of notice
change orders
can not exceed more than 20% of up or down, does not apply to emergencies
What is a Government Record?
All records that are made, maintained, kept
on file, or received in the course of official
business.
note on availability of OPRA records
granting access is the RULE. Denying
access is the EXCEPTION.
Immediate access shall ordinarily be granted
to:
o Budgets o Bills o Vouchers o Contracts o Government employee salary/overtime information.
What is an overly
broad or unclear
request?
53 A request that fails to identify with reasonable
clarity the specific government records
sought
Can a small agency set
specific times to
receive/fulfill OPRA
requests?
- Municipalities with a population of 5,000
residents or less; - Board of Education with total enrollment of
500 or fewer; - Public authority with less than $10 million in
assets.
2 hours a day for 3 days a week, minimum,
unless the agency’s regularly scheduled
business hours are less
What is the knowing
and willful penalty?
A public official, officer, employee or custodian
who knowingly and willfully violates OPRA and
unreasonably denies access under the totality
of the circumstances is assessed a monetary
penalty.
o $1,000 for initial violation;
o $2,500 for second violation within 10 years of
initial violation;
o $5,000 for third violation within 10 years of
initial violation.
What is the
Government Records
Council?
Court alternative to challenging a denial of
access under OPRA.
• Prepares informational materials for requestors
and custodians regarding OPRA.
• Provides OPRA training.
• Operates a toll-free inquiry hotline for OPRA
questions
GRC Complaint Process:
o Step One: Denial of Access Complaint.
o Step Two: Mediation (optional, but must be in
good faith).
o Step Three: Adjudication.
o Step Four (if desired): Appeal to Appellate
Division of NJ Superior Court.
OPRA EXEMPTIONS STATUTE
N.J.S.A. 47:1A-1.1
Name the 24 exemptions
- Inter-agency or intra-agency advisory,
- Legislative records.
- Medical examiner records
- Criminal investigatory records -
- Victims’ records
- Trade secrets and proprietary information
- attorney-client privilege.
- computer security would be jeopardized
- security of the building or facility or persons therein
- Security measures and surveillance techniques
- advantage to competitors or bidders
- public employers or public employees regarding sexual harassment complaints, grievances, collective negotiations
- insurance agency communication
- court order information
- Certificate of honorable discharge
- Personal identifying information
- higher education institutions:
- Biotechnology trade secrets
- convicts
- ongoing investigations
- public defender records
- upholds exemptions
- personnel and pension records
- privacy interest
Six {6) distinct responsibilities of DIVISION OF ARCHXVES AND RECORDS MANAGEMENT
- Records am: Forms Ana1ys¥s
- Recon}: Storage (State agencies only) 9/14/07
- Archives
- Microfilm Services
- PARiS Gram Administration 9/14/07
- Globe; Review (State agencies) 9/14/07
10) principles of a Records Management Program:
- Identify need;
- Gather information;
3‘ Sell the concept to management; M, a, ,7 ..r ‘3‘? - Select the program head; 1 Q
- Set objectives;
6, Consider consultants; - Determine functional relationship of the program;
- Develop outline;
- Specify principles that govem program;
- Implement.
LOCAL PUBLIC CONTRACTS LAW: def & statute
SYSTEM OF COMPETITIVE BIDDING, WITH CERTAIN EXCEPTIONS, AND PROCEDURES FOSTERING OPENNESS IN LOCAL GOV. ACTIVITIES.
__BEFORE THE GOV. BODY CAN AWARD A CONTRACT MUST CHECK WITH THE ____ TO ENSURE HE/SHE CAN DO A ____
CFO, CERTIFICATION OF FUNDS.
ONLY 3 PEOPLE ARE ENPOWERED TO PERFORM FUNCTIONS OF ALL ASPECTS AS IT RELATES TO PUBLIC CONTRACTING VIA LOCAL PUBLIC CONTRACTS LAW
- QPA, DULY APPOINTED BY RESOLUTION
- ADMINISTRATOR OR MUNICIPAL MANAGER
- INTERNMENT
WHAT 2 WAYS CAN YOU DEAL WITH PURCHASES WHICH EXCEED THE BID THRESHOLD?
- COMPETITIVE CONTRACTING (USUALLY FOR SERVICE ORIENTED CONTRACTS)
- PUBLIC BIDDING – COMPETITIVE BIDDING (USUALLY FOR GOODS/PRODUCTS CONTRACTS)
THERE ARE SOME EXCEPTIONS TO THE BID THRESHOLD TO THE RECEIPT OF FORMAL BIDS:
PROFESSIONAL SERVICES
PRINTING OF BONDS AND DOCUMENTS TO THE ISSUANCE OF THE SALE OF BONDS
PRINTING OF LEGAL NOTICES IN NEWSPAPERS REQUIRED BY LAW
PRINTING OF LEGAL BRIEFS, RECORDS AND APPENDICES
PRINTING OF ORDINANCES AS RELATED TO CODIFICATION OF MUN. ORD.
AGGREGATE
AGGREGATION) – COMBINING OF LIKE GOODS OR SERVICES WITH THE SAME PURPOSE OR TASK OVER THE COURSE OF A CONTRACT AWARDED (COMPETITIVE CONTRACTING) . BENEFIT: MORE QUANTITIES – BETTER PRIC
BID THRESHOLD-
THE DOLLAR AMOUNT SET BY LAW, ABOVE WHICH A CONTRACTING UNIT SHALL ADVERTISE FOR AND RECEIVE SEALED BIDS IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THE LAW.
CONTRACT
ANY AGREEMENT, INCLUDING BUT NOT LIMITED TO P.O. OR A FORMAL AGREEMENT WIHICH IS LEGALLY BINDING, ENFORCEABLE BY LAW, BETWEEN A VENDOR AND CONTRACTING UNIT.
CONTRACT YEAR
MEANS THE PERIOD OF 12 CONSECUTIVE MONTHS
CONTRACTING AGENT
THE GOV. BODY OF THE CONTRACTING UNIT OR AUTH. DESIGNEE
GOODS & SERVICES
ANY WORK, LABOR EQUIP, MATERIALS OR SUPPIES
LOWEST PRICE
LEAST POSSIBLE AMOUNT THAT MEETS ALL REQUIREMENTS OF THE REQUEST
PROFESSIONAL SERVICES
SERVICES PERFORMED BY A PERSON AUTH. BY LAW TO PRACTICE A RECOG. PROFESSION
PROPRIETARY
GOODS OR SERVICES OF A SPECIALIZED NATURE, PERSON HAS EXCLUSIVE RIGH TO MAKE OR SELL THEM
PURCHASE
TRANSACTION FOR A VALUABLE CONSIDERATION, CREATING OR ACQUIRING GOODS, SERVICES OR PROPERTY (EXCEPT REAL PROPERTY)
PURCHASE ORDER
DOCUMENT ISSUED BY THE CONTRACTING AGENT AUTHORIZING A PURCHAS WITH A VENDOR TO PROVIDE GOODS OR SERVICES
PURCHASING AGENT
PERSON DULY ASSIGNED ( BY RESOLUTION) THE AUTHORITY, RESPONSIBILITY AND ACCOUNTABILITY FOR THE PURCHASING ACTIVITY AND WHO POSSESSES A QPA CERTIFICATE
QUOTATION
THE RESPONSE TO A FORMAL OR INFORMAL REQUEST MADE BY A CONTRACTING AGENT
RESPONSIBLE
MEANS ABLE TO COMPLETE THE CONTRACT IN ACCORDANCE WITH ITS REQUIREMENTS
RESPONSIVE
CONFORMING IN ALL MATERIAL RESPECTS TO THE TERMS AND CONDITIONS
SERVICE OR SERVICES
THE PERFORMANCE OF WORK OR THE FURNISHING OF LABOR OR TIME OR COMBINATION THEROF
LOWEST RESPONSIBLE BIDDER
MUST COMPLY WITH ALL BID DOCUMENTS
ENGTH OF TERM OF CONTRACTS: FROM WHEN THE CONTRACT IS AWARDED
Professional service:
Engineer Services:
PROFESSIONAL SERVICES (IE: LAWYER, AUDITOR, ENGINEER) 12 CONSECUTIVE MONTHS
ENGINEER SERVICES – CAN BE AWARDED FOR 3 YEARS IF DONE BY COMPETITIVE BID
CONTRACT YEAR IS 12 CONSECUTIVE MONTHS
CONTRACT PERIOR CAN BE UP TO 24 CONSECUTIVE MONTHS
WHO HAS THE AUTHORITY TO AWARD A CONTRACT WHICH EXCEEDS THE BID THRESHOLD?
ONLY THE GOV. BODY HAS THE AUTHORITY – BY RESOLUTION
ONLY THE GOV. BODY CAN AWARD A FAIR & OPEN CONTRACT IN EXCESS OF $17,500.00
BID THRESHOLD:
$ 17,500.00 WITHOUT A QPA
$ 36,000.00 WITH A PROPERLY APPOINTED QPA
NOTE: THE BID THRESHOLD AMOUNT CAN CHANGE EVERY 5 YEARS – CHANGE TAKES EFFECT ON JULY 1
(NEXT CHANGE IS IN 2015)
competitive contracting and example of services
REQUIRED FOR EXPENDITURES IN EXCESS OF THE BID THRESHOLD
USED BY LOCAL CONTRACTING UNITS OF PUBLIC BIDDING FOR SPECIALIZED GOODS AND SERVICES THAT ARE HARD TO SPECIFY
TO INITIATE COMPETITIVE CONTRACTING GOV. BODY PASSES RESOLUTION
AWARD NOT LONGER THAN 5 YEARS
I.E.:
LABORATORY TESTING SERVICES
EMS
CONCESSIONS
PROPRIETARY COMPUTER SOFTWARE
SHALL BE ADMINISTERED BY QPA OR LEGAL COUNSEL OR ADMIN. OF LOCAL CONTRACTING UNIT
SHALL BE IN THE RFP DOCUMENTATION
REQUEST FOR PROPOSALS VS. PUBLIC BIDDING
BOTH MUST AWARD CONTRACT- WITHIN 60 DAYS –
CONTRACT MUST BE SIGNED 21 DAYS FROM THE DATE OF AWARD
CAN BE EXTENDED WITH WRITTEN CONSENT OF BOTH PARTIES
RFP DOCUMENT PUBLISHED OFFICIAL NEWSPAPER AT LEAST 20 DAYS PRIOR TO DATE OF SUBMISSION OF PROPOSALS – CAN CHARGE A FEE NOT TO EXCEED $50.00 OR COST OF REPRODUCTION WHICHEVER IS GREATER
EVALUATION OF PROPOSALS:
BY QPA OR LEGAL COUNSEL OR ADMINISTRATOR – BASED UPON THE CRITERIA SET BY GOV. BODY
AFTER EVALUATION SHALL PREPARE A WRITTEN REPORT RECOMMENDING THE AWARD OF CONTRACT
REPORT SHALL BE MADE PUBLIC 48 HOURS PRIOR TO THE AWARDING OF THE CONTRACT OR WHEN IT IS MADE AVAILABLE TO THE GOV. BODY – WHICHEVER IS SOONER
GOV. BODY HAS THE RIGHT TO REJECT ALL PROPOSALS
WHEN YOU AWARD A PROFESSIONAL SERVICES CONTRACT WHAT STEPS DOES THE MUN. CLERK DO?
PUBLISH NOTICE OF AWARD IN OFFICIAL NEWSPAPER WITH THE FOLLOWING:
NAME
DURATION OF CONTRACT
TYPE OF GOODS/SERVICE
AMOUNT
FAIR & OPEN OR NON-FAIR
NOTE: THE RESOLUTION AUTHORIZING THE CONTRACT AND THE CONTRACT ITSELF MUST BE AVAILABLE FOR PUBLIC INSPECTION IN THE MUNICIPAL CLERKS OFFICE
PROFESSIONAL SERVICES – PAY TO PLAY:
CONTRIBUTION TO ELECTED OFFICIALS OVER $300.00
ANY CONTRACT AWARDED OVER $17,500.00
What happens on NO BIDS, HIGH BIDS, NEGOTIATED CONTRACTS:
ON TWO OCCASIONS NO BIDS WERE RECEIVED OR ON TWO OCCASIONS IT REJECTED BIDS TOO HIGH OR A COMBINATION OF ONE INSTANCE OF EACH SITUATION
GOV. BODY 2/3rds VOTE OF FULL MEMBERSHIP MAY NEGOTIATE CONTRACT
TIE BIDS:
HAVE CRITERIA IN THE CONTRACT SPECS TO BREAK TIE
I.E. COMPANY A IS IN YOUR COUNTY, COMPANY B HAS MORE EQUIPMENT ETC.
DOCUMENTATION SHALL EXPLAIN WHY THE VENDOR SELECTED WAS MOST ADVANTAGEOUS
STATE CONTRACT PURCHASES:
STATE ALREADY DID THE BID PROCESS
NEED A RESOLUTION REFERENCING THE CONTRACT NUMBER
NOT NECESSARILY THE CHEAPEST PRICE
FEDERAL SUPPLY – ARMY SURPLUS
NOTE: YOU CAN GO TO ANOTHER VENDOR – IF THEY CAN BEAT THE STATE CONTRACT BY AT LEAST 10% YOU CAN GET THE PRODUCT FROM THEM – GO TO AT LEAST 3 VENDORS
CO-OP: (COUNTY OR ANOTHER MUNICIPALITY) TYPES OF LOCAL CO-OP PURCHASING
COOPERATIVE PRICING SYSTEM – GOV. AGENCY DOES ADVERTISING AND AWARD TO LOWEST RESP. BID BUT SEPARATE CONTRACTS/P.O.’s EXECUTED BETWEEN EACH PARTICIPATING GOV. AGENCY AND VENDOR
JOINT PURCHASING SYSTEM – TWO OR MORE LOCAL CONTRACTING UNITS
COUNTY CO-OP PURCHASING SYSTEM – GOV. BODY FROM COUNTY VOLUNTARY USEOF CONTRACTING UNITS WITHIN THE COUNTY
CAN PIGGY BACK OFF – MUNICIPALITY DOES RESOLUTION
COOPERATIVES ONE DOES THE PRICING ANOTHER CAN DO THE PURCHASING FOR THE ENTIRE GROUP
AWARD OF EXTRAORDINARY UNSPECIFIABLE SERVICES (EUS) CONTRACTS:
SPECIALIZED SERVICES
QUALITATIVE IN NATURE REQUIRING EXPERTISE, EXTENSIVE TRAINING
APPROVED BY RESOLUTION OF GOV. BODY
SOLITATION OF COMPETITIVE QUOTES:
CONTRACTS BELOW THE BID THRESHOLD BUT 15% OR MORE OF THE BID THRESHOLD AMOUNT 17,500.00 = 15% is $ 2,625.00 36,000.00 -= 15% is $ 5400.00 MUST GET A LEAST 2 QUOTES AUTHORIZED BY RESOLUTION OF GOV. BODY
DURATION OF CONTRACTS:
24 CONSECUTIVE MONTHS (GOODS/SERVICES)
12 CONSECUTIVE MONTHS FOR PROFESSIONAL SERVICES
CONTRACTS EXCEEDING THE STATUTORY LIMITS – COURTS RULED NULL & VOID
BIDDING ADVERTISEMENT:
MUST INCLUDE AFFIRMATIVE ACTION STATEMENT AND ADA COMPLIANCE
NO BIDS ACCEPTED ON MONDAYS OR TUESDAY FOLLOWING A MONDAY HOLIDAY
GENERAL BIDDING AKA NOTICE TO BIDDERS
(GOODS OR SERVICES)
MUST ADVERTISE AT LEAST 10 DAYS IN ADVANCE
SOLID WASTE BIDDING:
ADVERTISEMENT AT LEAST 60 DAYS IN ADVANCE OF RECEIPT OF BIDS
IN OFFICIAL NEWSPAPER
IN NEWSPAPER CIRCULATED THROUGHOUT NEW JERSEY (STAR LEGER)
ALL OTHER CONTRACTS
PUBLISHED NOT LATER THAN 7 DAYS – SAT/SUN AND HOLIDAYS EXCEPTED
RULE OF THUMB EXCEPTED (EXCLUDED) NOT COUNTED ie Sat and Sun
7 DAYS CAN BE CALENDAR DAYS
7 DAYS CAN BE BUSINESS DAYS
Local Finance Board -
establish the principles and how the law is going to be met
major diff b/t school and town budget/surplus
- schools can use their surplus at anytime; towns can not
A temporary budget must be adopted within ____
temp budget witin 30 days of fiscal year -
if the budget was introduced (now there’s changes in budget), what 3 conditions must there be advertised
1% increase in total appropriation
10% increase or decrease of one item
5% increase in taxation
3 days to advertise for an amendment
procedure once receive the audit
get audit RMA
get synopsis and advertise within 30 days
give to governing body
RMA will give you an affidavit - have govering body sign
resolution
DLGS - get resolution, affidavit and proof of publication to DLGS
main revenue for municipalities
surplus
misc
property taxes
late fees on prop taxes
who is in charge of the
AFS - CFO files annual to Clerk and with
What is the debt limit?
debt limit is the average of 3.5% of the last 3 years
General LEdger
General LEdger is the permanent, official financial transaction
anticipated revenue minus appropriations
amount needed to be raised by taxation
how many days to act on a contract
60 days to act on a contract
all fixed assets in of _____must be in Fixed Assets Ledger
$5k
main revenue for municipality
state aid, grants, property taxes, misc rev
true/false - appropriations has to equal revenue
true
what does DLGS do?
DLGS, review debt statement, approve budget, provide assistance
define encumbrance -
charges the budget aprop when budget is written
example of amending a budget:
emergency appropriations, chapter 159, changing text or title
who ascertains the names of athe owners of all real property situated in the Assessor’s taxing district?
the Tax Assessor
Current Fund
the General Fund of a municipality - includes property taxes
General Capital Fund
all “general” capital improves, equipment acquisition..
Trust Funds
- solely for the purpose for which they are intended - ex dog license or open space
Dedication of Revenue by Rider
request to the Director to approve in the budget of a local unit dedicated revenues anticipated to be received during the fiscal year, which are not subject to a reasonably accurate estimate in advance.
a standardized method of accounting for municipalities
FCOA FLexible Chart Of Accounts - 13 digits
difference between assets and liabilities
when total liabilities includes the reserve for receivables) is fund balance. Fund Balance is Surplus
amount when fixed assests must be recorded
$5k
what is the General Ledger
the official financial permanent record of the muicipality that contains a summary of all financial transactions as recorded on the original books of entry
primary purpose of the official budget
to provide an orderly system of financial control
timefram of when temporary budget is adopted
first 30 days, can not be more than 26.25% of last years budget, adopted by resolution, needs 2/3rd vote
Budget procedure
- introduction no later than Feb 10 or Aug 10 at a public meeting, read by title
- within first 3 days, 3 certified copies must be submitted to Director
- Advertisement in official newspaper at least 10 days before date of hearing
- Public Hearing no less than 28 days after the introduction of budget
- Adoption upon the approval of theDirector, majority of full membership, no later than march 20 or sept 20.
- 3 copies of adopted budget sent to Director
True: the overall budget can not be changed, but the Capital Budget can
true
the plan for Capital Budget
small municipality 3 years
large - 6 years
Cost of Living Adjustment
If COLA is less than 2.5%, an ordinance may be adoptd to increase teh final appropriations by a percentage rate greater tan the COLA, but not to exceed 3.5%
Budget Appropriation Transfers timeframe and amount
last 2 months or first 3 months, by 2/3 vote
Advertise Professional Services Contract includes:
what, who, how much, duration of contract
emergency appropriations
can not exceed 3% of the appropriations in the current budget, approved by 2/3 majority
special item of revenue
Chapter 159
Steps of the Audit
- completed within 6 months after fiscal year, prepared by RMA, filed with Municipal Clerk
- Clerk publish synopsis within 30 days
- Governing body passes resolution within 45 days of receipt of audit
- forward to the Director of LGS
- Governing Body passes resolution within 60 days of receipt of Corrective Action Plan
What is included in the Corrective ACtion Plan?
- description of findings
- Analysis of why it occurred
- Action Plan to correct
- Date of corrected action
what are exceptions to bidding?
- competitive contracts
2. extraordinary unspecifiable services EUS
amount to which you have to go out to bid?
bid threshold between $2,625 and $17,500. contracts below the bid thereshold but fifteen percent or more of that amount.
amount when contracts are subject to Pay to Play
$17,500
Duration of contracts
- not to exceed 24 months
2. professional services only 12 consecutive months
Included int he Bid Process
- published in official newspaper, no less than 10 days prior to date fixed for receiving bids
- what, when, where, how
- exception of solid waster - 60 days
reasons for rejection of all bids
- lowest bid exceeds the cost estimates
- lowest bid exceeds the contracting unit’s appropriation
- governing body decides to abandon the project
Bid Guarantee
guarantees the signing of a contract.
- 10% of a bid, not in excess of $20k
Maintenance Bond
no longer than 2 years and no more than 100% of project costs
public works, utilities or construction must have a bid guarantee at what cost?
$100K
a governing body must award a contract or reject all bids within what timeframe?
60 days
a local contracting unit must return bids not among the lowest 3 bids within how many days?
10
timeframe to sign a contract once its been awarded
21 days
change orders must be accompanied with a __
availability of fund / Cert of Funds
Total number of Change Orders executred for a particular contract ashal not exceed __
20%
Window Contracts
dont have to advertise for bids between $17,500 and $36,000
every bond ordinance must contain a statement that allows ___ days from date of publication to question the validity
20 days (estoppel)
what funds is Captial projects paid from?
Capital Improvement Fund or sale through municipal bonds or notes
Bond procedure
- first ready by title only
2publish ordinance in full or summary 1 week prior to hearing
3.post Ordinance on bulletin board - public hearing
- final adoption at least 10 days after first reading, by 2/3 vote
6.valid ordinance after 10 days period of adoption.
Local Assessment Improvement Ordinance summary
- first reading by title only
- advertise at least 10 days before hearing
- notices to property owners 1 week prior to hearing
- public hearing
- final adoption at least 10 days after first reading, by 2/3 vote
debt limitations
no bond ordinance may authorize net debt in excess of 3.5% of the average of the prior 3 years equalized assessed real property valuaiton
no local unit shall authorize obligation for any improvement or purpose having a period of usefulness of less than
5 years
