[HISTORY: Adopted by the Borough Council
of the Borough of Carteret as indicated in article histories. Amendments
noted where applicable.]
[Adpted 2-1-1990 by Ord. No. 90-1[1]]
[1]
Editor's Note: This ordinance superseded former
Art. I, Purchasing Agent, adopted 5-6-1982 by Ord. No. 82-9, as amended.
This article shall be known and may be cited
as the "Purchasing Agent Ordinance of the Borough of Carteret."
The Office of Purchasing Agent of the Borough
of Carteret is hereby created in and for said Borough, within the
Department of Finance. The Purchasing Agent shall be appointed by
the Mayor, with the advice and consent of the Borough Council.
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The Borough of Carteret.
The Purchasing Agent of the Borough of Carteret.
Shall be responsible for compliance with state statute and
Division of Local Government Services' directives and regulations.
This individual can also be referred to as "Chief Finance Officer."
Includes but is not limited to all telephone, gas, water,
electric, light and power service, work, goods, repair or maintenance
of equipment, machinery and other Borough-owned personal property.
The Chairperson of the authorized standing committee, as
set forth in the Rules of Council of the Borough of Carteret.
The Mayor and Council of the Borough of Carteret.
Includes all work, materials and equipment and goods, repair
and maintenance.
Any department, agency, commission, bureau or other unit
in the Borough government using supplies or procuring contractual
services as provided for in this article.
A.
The Borough Purchasing Agent shall perform all duties
required by state statute, this article, rules of Council and other
formally adopted Borough practice and procedure. The Purchasing Agent
shall follow approved and adopted standards for the purchasing process.
The purchasing process shall include but not be limited to the Purchasing
Agent monitoring the delivery of all supplies, materials, equipment
and other items purchased, together with services to the Borough,
and may make or cause proper test checks and inspections thereof.
The Purchasing Agent shall ascertain whether the supplies, materials,
equipment, other services and other items purchased comply with the
specifications, and verify the same, and shall further cause laboratory
or other tests to be made at the expense to the vendor, whenever,
in the opinion of the Purchasing Agent, it is necessary to determine
whether the materials, supplies or services furnished are of the quality
and standard required.
B.
In addition to the duties and responsibilities imposed
hereunder, the Purchasing Agent shall:
(1)
Act to ensure for the Borough the highest quality
of supplies and contractual services, at the least expense to the
Borough.
(2)
Discourage uniform bidding, and endeavor to obtain
full and open competition insofar as possible on all purchases.
(3)
Recommend from time to time to the governing body,
rules and regulations and amendments to this article and other formal
standards and procedures which may be adopted by the Borough.
(4)
Keep informed of current developments in the field
of purchasing, prices, market conditions and new products, and secure
for the Borough the benefit of research done in the field of purchasing
by other governmental jurisdictions, national technical societies,
trade businesses and organizations.
(5)
Prescribe and maintain such purchasing forms as he
shall find reasonably necessary to the operation of this article.
(6)
Prepare, adopt and maintain vendors' catalog file.
Said catalogs shall be filed according to commodities.
(7)
Exploit the possibilities of buying in bulk, so as
to take full advantage of discounts.
(8)
Utilize the State Cooperative Purchasing Program,
wherever it is financially beneficial to the Borough.
A.
All using agencies, with the authorization of the
head of the agency under which the using agency operates, shall file
with the Purchasing Agent detailed requisitions or estimates of their
requirements in supplies and contractual services, in such manner,
at such times and for such future periods as the Agent shall prescribe.
B.
The Purchasing Agent shall examine each requisition
or estimate and, where necessary, shall confer with the agency or
user department head regarding possible revisions or modifications
of the requisition as to quantity, quality and cost. Revisions as
to quality, quantity and cost shall be in accordance with the specifications
and the requirements of this article and other state statute.
All Borough employees, Borough officials, Council persons and contracts entered into on behalf of the Borough, as well as the Purchasing Agent, shall be subject to the provisions of this article, Chapter 25, Code of Ethics, adopted by the Borough of Carteret, together with state statute and any regulations promulgated by the Division of Local Government Services of the State of New Jersey.
All purchases of and contracts for work, supplies,
services or contractual services, and all sales of obsolete equipment,
shall, except as specifically provided herein or by state statute,
be based on competitive bids, pursuant to N.J.S.A. 40A:11-3 and 40A:11-36.
All purchases of supplies and services when
the estimated cost thereof shall exceed the amount set forth in N.J.S.A.
40A:11-3, which established the formal bid threshold, shall be purchased
by formal, written contract from the lowest responsible bidder, after
due notice, inviting bids as required by the Revised Statutes of the
State of New Jersey.
A.
The Purchasing Agent, in accordance with this article
and state statute, shall seek bids or requests for formal bids, wherever
indicated by this article or state statute. Bid deposits shall be
prescribed in public notices inviting bids, together with the specifications
to which a bidder will be required to bid upon. A successful bidder
shall forfeit any surety required by the Purchasing Agent in any such
notice or advertisement, upon failure on his part to enter into a
contract within 20 days after the award.
B.
Bid opening procedure. Sealed bids shall be presented
to the Purchasing Agent or Borough Clerk of the Borough of Carteret
and shall be identified as bids on the exterior envelope. Bids shall
be opened in public by the Purchasing Agent or Borough Clerk at the
time and place stated in the public notice by the Mayor and Council.
[Amended 8-29-2000 by Ord. No. 00-31]
C.
The Mayor and Council shall have the authority to
reject all bids for services, when not in compliance with the bidding
specifications, upon the recommendations of the Purchasing Agent.
D.
Award of contract. The Council shall not award the
bid to a contractor or supplier who is in default on the payment of
taxes, licenses or any other moneys due the Borough. Bids shall be
awarded to the lowest responsible bidder by the Council, after the
Council has received input from its professional staff as to format,
content and compliance with specifications and applicable state statutes.
All purchases of supplies, materials or services
for less than the threshold amount as set forth in N.J.S.A. 40A:11-3
shall be obtained through the solicitation of quotations as required
by statute and Resolution 89-319, adopted November 1989, and awarded
on the basis of the lowest, responsible quotation received which quotation
is most advantageous to the Borough, price and other factors considered.
Quotations shall be obtained from the open market subject to Resolution
89-319. The award of such contracts under Subsections A and B shall
be made by the Purchasing Agent. The award of contracts under Subsection
C shall be made by the governing body.
A.
All requisitions having an estimated dollar value
up to $500 shall be approved by the using agency head and one Council
person.
B.
Requisitions having estimated value in excess of $500
up to $2,500 shall be approved prior thereto by the using agency head,
two Council persons of the standing committee or one Councilman and
the Mayor.
C.
Requisitions having an estimated value of $2,500 up
to the statutory bid threshold require the approval by the using agency
head and verifiable quotations from the Purchasing Agent submitted
to the Mayor and Council for their approval and award.
Emergency purchases shall be made as follows:
A.
Emergency purchases can only be authorized when a
situation requires the immediate purchase or delivery of goods or
services to meet an actual danger to the public health, safety or
welfare.
B.
The head of the department, agency, etc., requesting
an emergency purchase must contact the Mayor; in the absence of the
Mayor, the Council President; in the absence of the Mayor and Council
President, the Chief Finance Officer, to receive approval. In the
absence of the Mayor and Council President, the Chief Financial Officer
shall act with authority. On the next working day following the emergency,
the using agency head will submit a written report describing the
emergency and the steps taken to resolve the matter. The Purchasing
Agent will execute a purchase order, and the receiving report will
be submitted routinely to the Purchasing Agent.
The Chief Finance Officer shall determine that legally appropriated and sufficient funds are available and shall encumber same prior to any contractual commitment or obligation is made or incurred. Please see § 45-14 of this article.
A.
All using agencies shall submit to the Purchasing
Agent, at such times and in such form as he shall prescribe, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped.
B.
The Purchasing Agent shall submit to all departments,
prior to the sale of surplus materials as described below, a list
of items no longer required to determine if they can use any of the
equipment, parts and supplies listed.
(1)
The Council shall have the authority to transfer surplus
stock to other using agencies.
(2)
The Council shall have the authority to sell all supplies
which have become unsuitable for public use, or to exchange the same
for or trade in the same on new supplies. Sales under this section
shall be made to the highest responsible bidder pursuant to N.J.S.A.
40A:11-36. A record of each sale shall be made and placed on file.
Subject to other provisions of this article,
other ordinances of the Borough of Carteret, the Revised Statutes
of the State of New Jersey and regulations of the Division of Local
Government Services of the State of New Jersey, standard purchasing
procedures of the Borough of Carteret shall be in accordance with
the following:
A.
Using agency.
(1)
The preparation of a three-part purchase requisition
is the initial step in the purchasing cycle.
(2)
The following information is required for all requisitions:
(a)
Using agency name.
(b)
Date.
(c)
Account number.
(d)
Quantity and unit.
(e)
Full description of requested purchase.
(f)
Estimated unit price.
(g)
Total.
(h)
Suggested vendor(s).
(j)
Date of signature.
(k)
Requisition number assigned by using agency.
(l)
Delivery destination.
(m)
Desired delivery date.
B.
Purchasing Agent.
(1)
The white and yellow copy of the purchase requisition
are submitted to the Purchasing Agent. The pink copy is retained by
the using agency in an open requisition file.
(2)
The Purchasing Agent reviews the requisition to determine
if complete. If it isn't complete, it is returned to the originating
using agency head for correction, additional information or clarification.
(4)
Approved requisitions are returned to the Purchasing
Agent, who prepares a purchase order and then submits one copy of
the requisition to the Finance Department, together with a copy of
the purchase order.
C.
Chief Finance Officer.
(1)
The Chief Finance Officer determines that legally
appropriated and sufficient funds are available before contract obligations
are entered into.
(2)
If funds are determined not to be available, a written
notation is made on the purchase order: "Funds Not Available." The
Finance Department returns the purchase order to the Purchasing Agent,
who accordingly notifies the using agency.
(3)
If available, the funds are certified by the Chief
Finance Officer by signing the purchase order, and encumbered on the
computer system.
D.
Purchasing Agent.
(1)
The Purchasing Agent determines, based on the total
and aggregate dollar amount of the purchase request, whether written
specifications and sealed bids, or informal solicited quotations,
may be required. State-approved contract vendors are also considered
at this time.
(2)
The Purchasing Agent prepares a six-part, prenumbered
purchase order, including the following information:
(a)
Vendor name and address.
(b)
Delivery destination.
(c)
Attention of _____.
(d)
Date.
(e)
Budget code.
(f)
Requisition number.
(g)
Vendor number.
(h)
Using agency name.
(i)
Quantity.
(j)
Material or services.
(k)
Unit price.
(l)
Amount.
(m)
Total.
(n)
Signature of Purchasing Agent.
(o)
Signature of Chief Finance Officer.
(3)
The completed purchase order is distributed as follows:
(a)
Copy 1 and Copy 2 are forwarded to the vendor
to place the order. Copy 1 is to remain with the vendor. Copy 2 (voucher)
is to be returned by the vendor with his invoice(s) to the Finance
Department when requesting or claiming payment.
(b)
Copy 3 is forwarded to the Finance Department
and retained in an open-order file with the requisition.
(c)
Copy 4 is retained by the Purchasing Agent for
filing.
(d)
Copy 5 is forwarded to the using agency serving
notice that the order has been placed and filed in an open-requisition
file with the stapled requisition.
(e)
Copy 6 is the receiving report and shall be
filed with the using agency, which shall be completed upon receipt
of services or goods.
E.
Vendor. On receipt of the purchase order, the vendor
performs accordingly in providing the goods or services directly to
the using department/agency. The vendor returns the signed voucher
and invoice (Copy 2) to the Finance Department. The bill of lading,
along with the other shipping information, shall be furnished to the
using agency.
F.
Finance Department. The Finance Department matches
the signed voucher (Copy 2) with its copy of the purchase order on
file.
G.
Using agency. The using agency head shall certify
receipt of services or goods obtained by signing a receiving report
and attaching bill of lading and forwarding same to the Purchasing
Agent.
H.
Purchasing Agent. The Purchasing Agent reviews bill
of lading and receiving report as to the quantity, quality and price.
If correct, the receiving report is initialed as to being received
and correct and forwarded to the Finance Department.
I.
Finance Department. The Finance Department shall verify
voucher and invoice, together with receiving report for correctness.
If correct, the Chief Finance Officer signs and dates the voucher.
J.
Council. The complete package is submitted to the
Mayor and Council at an agenda meeting for review and approval. Approved
bills will be paid, and those not approved will not be paid.
K.
The Finance Department assembles, for the review and
approval of the Chief Finance Officer, all vouchers and prepares a
bill list. The bill list is submitted to the Council for approval
at a public meeting. The approved bill list is signed by the Mayor
and forwarded to the Finance Department. The Finance Department issues
checks which are submitted to the Mayor for manual or mechanical signature.
L.
Checks approved by the Mayor are forwarded to the
Clerk and Chief Finance Officer for their manual or mechanical signature.
M.
Checks are then mailed by the Finance Department,
and the completed voucher package is filed by check number in the
Finance Department.
All ordinances or parts of ordinances, resolutions
or parts of bylaws inconsistent with this article shall be and are
hereby repealed.
This article shall take effect immediately upon
passage and publication according to law.
[Adopted 12-15-2005 by Ord. No. 05-67]
All on-line requisitions shall be approved by
the respective department head, Council committee chairperson and
the Mayor. Final payment for all appropriately approved on-line requisitions
shall be authorized by the Borough Council in accordance with the
approval of the formal Bill List at a Borough Council meeting.
All other requisitions shall require the corresponding
approvals. Final payment for all such appropriately approved requisitions/purchase
orders shall be authorized by the Borough Council in accordance with
the approval of the formal Bill List at a Borough Council meeting.
|
Amount of Purchase
|
Required Approval
|
|---|---|
|
Under $500
|
Respective department head, CFO/BA, Council
committee chairperson or Mayor
|
|
$500.01 to $2,500
|
Respective department head, CFO/BA, Council
committee chairperson and Mayor
|
|
$2,500.01 to $10,000
|
Respective department head, CFO/BA, Council
committee chairperson, two other Council members and Mayor
|
|
Over $10,000
|
Council resolution or four Council members,
CFO/BA and Mayor
|
[Amended 7-11-2013 by Ord. No. 13-7[1]]
A.
Any professional
business entity, organization and/or association, to include a corporation,
partnership, and/or limited-liability company, that has been awarded
a contract by the Borough to provide professional services, or banking
or insurance coverage services, shall be prohibited from making any
monetary contributions to any of the following political organizations
and/or committees in excess of $500 per election cycle: municipal
(Carteret) candidate committee and/or joint candidates committee as
defined by N.J.S.A. 19:44A-3; municipal (Carteret) political party
committee as defined by N.J.S.A. 19:44A-3; and municipal (Carteret)
continuing political committee as defined by N.J.S.A. 19:44A-3.
B.
The limit
provided for herein shall be coterminous with that respectively provided
for pursuant to N.J.S.A. 19:44A-1 et seq.
[1]
Editor's Note: At the direction of the Borough, this section
was further amended by redesignating the original text as Subsection
A, removing the final sentence of said subsection, and adding Subsection
B.
[Added 1-25-2007 by Ord. No. 07-02]
Any development entity, organization and/or
association, to include a corporation, partnership, and/or limited
liability company, is hereby prohibited from making any monetary contributions
to any of the following political organizations and/or committees
from a date which is six months prior to the submission of any land
development application to either the Borough of Carteret Planning
Board and/or Zoning Board of Adjustment and until six months after
obtaining an applicable development approval or denial from the respective
Board with regard to said application: municipal (Carteret) candidate
committee and/or joint candidates committee as defined by N.J.S.A.
19:44A-3; municipal (Carteret) "political party committee" as defined
by N.J.S.A. 19:44A-3; and municipal (Carteret) continuing political
committee as defined by N.J.S.A. 19:44A-3.
[Added 12-29-2015 by Ord.
No. 15-15]
All bidding contractors, and their respective subcontractors,
on publicly bid municipal public works projects so designated for
new construction shall be required to independently, or through agreement
with other organizations, provide craft training for journeymen and
apprentice levels through a bona fide program approved by and registered
with the United States Department of Labor's Bureau of Apprenticeship
and Training or a similar New Jersey apprenticeship agency. In order
to ensure compliance with this mandatory requirement, all applicable
bid specifications utilized by the Borough to solicit bids for such
work shall include the bid form attachment which is attached hereto
as Schedule A, and made a part hereof.[1]
[1]
Editor's Note: A copy of Schedule A is on file in the
Borough offices.
