Dillon's Rule - Provides for a Strict Construction Approach - State Supremacy over local
II II II II II II II II II II II II II II II II
government. Municipal Corporations possess those powers granted by state legislatures
II II II II II II II II II II
in express terms, together with those necessarily implied by the powers granted, and
II II II II II II II II II II II II II
those indispensable powers essential to the objectives of the municipal corporation.
II II II II II II II II II II II
The "Cooley Doctrine" - Local Government existed before State Government. Judge
II II II II II II II II II II II II II
described basic tenets of American political philosophy, namely t4 things that exist;
II II II II II II II II II II II II
1. Inherent right of local government
II II II II II
2. Right to local self government to be absolute right which could not be abridged
II II II II II II II II II II II II II II
3. Many local governments existed before state government
II II II II II II II
4. Local governments come out of the "fabric" of American life & were the "cradle" and
II II II II II II II II II II II II II II II
guardian of American liberty and democracy
II II II II II II
Forms of NJ Municipal Government - 1. Boroughs
II II II II II II II II II II
2. Commission
II
3. Municipal Manager
II II
4. Townships
II
5. Villages
II
6. Towns
II
7. Cities
II
8. Optional Municipal Charter Plans (Faulkner Act)
II II II II II II
Types of Optional Municipal Charter Plans - Faulkner Act - 1. Mayor - Council Plan
II II II II II II II II II II II II II II II II II
2. Council - Manager Plan
II II II II
3. Small Municipality Plan
II II II II
4. Mayor-Council-Administrator Plan
II II
Only Government that requires governing body to appoint a QPA
II II II II II II II II II
Forms of NJ County Governments - 1. Board Form
II II II II II II II II II II II
2. Optional County Charter Plans - All maintain centralized purchasing procedures.
II II II II II II II II II II
a. County Executive Plan
II II II
b. County Manager Plan
II II II
c. County Supervisor Plan
II II II
d. Board President Plan
II II II
, Common Rule - Regarding general procurement procedures & the expenditure of grant
II II II II II II II II II II II II II II
funds local contracting units shall utilize local procurement procedure that reflect state law
II II II II II II II II II II II II II
if they conform to federal law. If state & federal law is in conflict, use the stricter provision
II II II II II II II II II II II II II II II II II II
Uniform Commercial Code - UCC - Statutes that apply to contracting Parties whether
II II II II II II II II II II II II II II II
private individuals or public entities. UCC reflects the common law for commercial
II II II II II II II II II II II II
transactions.
II
3 Main Reasons for UCC - 1. to simplify the law
II II II II II II II II II II II II II
2. to permit the continued expansion of commercial practices through customization
II II II II II II II II II II
3. to make uniform the law
II II II II II
II Battle of the Forms - Refers to the backs of forms not matching while the fronts do
II II II II II II II II II II II II II II II II II II
4 Elements of a Contract - 1. Capable Parties - having legasl mental capacity
II II II II II II II II II II II II II II II II
2. Mutual Consent - voluntary agreement
II II II II II
3. Lawful Objective - legal matter
II II II II II
4. Sufficient Cause to Contract - consideration, something for something
II II II II II II II II II
Contract - Agreement which is legally binding relationship enforceable by law, between a
II II II II II II II II II II II II II II II
vendor who agrees to provide or perform goods or services and a conbtracting unit which
II II II II II II II II II II II II II II II
agrees to compensate a vendor as defined by and subject to the terms of the agreement.
II II II II II II II II II II II II II II II II
Purchase Order - Document issued by the contracting agent authorizing a purchaseb
II II II II II II II II II II II II II II
transaction with a vendor to provide or perform goods or services to a contracting unit.
II II II II II II II II II II II II II II II
Types of Contracts - 1. Firm Fixed-Price Agreements
II II II II II II II II II II
2. Agreements with Escalation provisions
II II II II
3. Time and Material Agreements
II II II II
4. Open-End Agreements
II II
5. Lease Agreements
II II
6. Lease with an Option to Purchase Agreements
II II II II II II II
Methods of Vendor Selection - 1. Competitive Sealed Bidding
II II II II II II II II II II II
2. Competitive Contracting
II II
3. Competitive Quotations
II II II
4. Proprietary Purchases
II II
5. Emergency Purchases
II II
Competitive Sealed Bidding - Process involving publicizing public entity needs, inviting
II II II II II II II II II II II II II
bids, conducting public bid openings, and awarding a contract to the lowest responsive
II II II II II II II II II II II II II
and responsible bidder. This is the preferred method of procurement
II II II II II II II II II II
Competitive Contracting - This method authorizes contracting for specialized goods and
II II II II II II II II II II II II II
services in which formal proposals are solicited from vendors.
II II II II II II II II II
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ScholarSuccess. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.49. You're not tied to anything after your purchase.