Draft Model Municipal Resolution

WHEREAS, the Municipality of X as well as all municipalities are required by the 2023 Municipal Separate Storm Sewer System (MS4) permit to develop a Watershed Improvement Plan (WIP) to reduce flooding, reduce water pollution, meet the pollution reduction goals in Total Maximum Daily Loads and achieve designated uses for waterways within each municipality. 

WHEREAS, the Department of Environmental Protection encourages municipalities to interact with their neighboring municipalities and to develop the Watershed Improvement plans on a regional basis.  

WHEREAS, the proposed watershed management plan would study the current status of water quality in the Lower Millstone River Watershed and its tributaries; develop a matrix of best management practices (stormwater management systems) to address the water pollution impairments and flooding; and identify potential locations, projects and costs within the watershed to reduce water pollution and reduce flooding. 

WHEREAS, the proposed agreement would help the municipality meet many of the obligations of the MS4 permit to develop the WIP. 

WHEREAS, it is anticipated that a regional approach for the Lower Millstone River Watershed will reduce costs in development and implementation of the Watershed Improvement Plan by working on a watershed approach in comparison to a situation where each municipality does the required studies and project development independent of the other Lower Millstone River Watershed municipalities. 

WHEREAS,  X through its professionals has been engaging with the participants of the Lower Millstone River Watershed work group organized by The Watershed Institute.  The group started meeting in October 2024, to discuss issues of stormwater management, flooding and water pollution. 

WHEREAS, One Water Consulting, LLC proposed to develop the watershed management plan for the Lower Millstone River for a total cost of $254,300. The cost of the plan is anticipated to be divided amongst the participating municipalities. The proposed cost to X is not to exceed Y, which is Z percent of the total cost of the proposed budget.

WHEREAS, One Water Consulting, LLC proposed to develop the watershed management plan for the Lower Millstone River for a total cost of $254,300.  The cost of the plan is anticipated to be divided amongst the participating municipalities.  The proposed cost to X is not to exceed Y, which is Z percent of the total cost of the proposed budget. 

WHEREAS, pursuant to N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contracts Law, X  may award a contract for professional services without public advertising for bids; and 

WHEREAS, this contract is not being awarded as a “fair and open” contract as defined in N.J.S.A. 19:44A-20.7; and 

WHEREAS, pursuant to N.J.S.A. 19:44A-20.5., X may award a non-fair and open contract to a business entity if, during the preceding one-year period, that business entity has not made a contribution that is reportable by the recipient under P.L. 1973, c.83, N.J.S.A. 19:44A-1 et seq. to any municipal committee of a political party in that municipality if a member of that political party is serving in an elective public office of that municipality when the contract is awarded or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded; and 

WHEREAS, One Water has completed and submitted the required pay-to-play forms, which certify that One Water has not made any reportable contributions

WHEREAS, the Certified Financial Officer has certified that X has appropriated sufficient funds for these services in account; and 

WHEREAS, the term of this contract shall be eighteen months. 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of X, County of M, State of New Jersey, as follows: 

  • The Mayor and Council, or their designee, are hereby authorized and directed to enter   into an agreement for the Lower Millstone River Watershed Management Plan for an amount not to exceed $Y without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5(1)(a)(i).  
  • The Term of this contract shall be for eighteen months. 
  • A copy of this Resolution, Pay-to-Play Forms, and contract will be kept on file in the Office of the Clerk.  

I, N, Municipal Clerk of X, do hereby certify that the above is a true copy of a resolution adopted by the Mayor and Council of X at a meeting held  [                 ], 2025. 

 

, Municipal Clerk

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