[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Eastampton 10-28-1980 by Ord. No. 1980-13 (Ch. 20 of the 1974 Township Code). Amendments noted where applicable.]
This chapter shall be known as the "Township of Eastampton Purchasing Procedure Ordinance."
For the purposes of this chapter, the following terms, phrases and words shall have the meanings herein given:
- CENTRAL PURCHASING OFFICE
- The office operated within the Township to purchase or contract for all supplies, materials and services required by the Township.
- The Township Clerk of the Township of Eastampton.
- CONTRACTUAL SERVICES
- All services required by the Township other than noncompetitive services or professional services.
- GOVERNING BODY
- The Township Council of the Township of Eastampton.
- NONCOMPETITIVE SERVICES
- All telephone, gas, water, sewer, electric and similar services and professional and other contractual services which are in their nature unique and not subject to competition or competitive bidding.
- PROFESSIONAL SERVICES
- Services defined as such by the Local Public Contracts Law of the State of New Jersey.
- PURCHASE ORDER
- A prenumbered multicopy form prepared and signed by the Treasurer.
- PURCHASING AGENT
- The duly appointed Purchasing Agent of the Township.
- A multicopy form to be utilized by a using agency to request the order of contractual or noncompetitive services or supplies for use on behalf of the Township.
- A corporation, partnership, company, association, or person offering to provide contractual services, noncompetitive services or supplies to the Township and actually providing same.
- All supplies, materials, expendables, commodities and equipment.
- The Township of Eastampton, its departments, agencies, committees, officials, and governing body.
- The duly appointed Treasurer of the Township.
- USING AGENCY
- The departments, agencies, committees or persons performing or carrying out official duties, responsibilities, or functions on behalf of the Township.
- USING AGENCY SUPERVISOR
- The person in charge of, or the head of, a using agency, or individual person when the using agency is one individual person.
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
Establishment. There is hereby established a Central Purchasing Office, and the person therein and in charge thereof shall be designated the Township Purchasing Agent.
Function. The Central Purchasing Office is hereby authorized to and shall purchase or contract for all supplies, materials, and services required by the Township or any using agency in accordance with the purchasing procedures as set forth herein and with such other rules and regulations as may be approved and adopted by the Township Council. The functions of the Central Purchasing Office shall not include the operation and maintenance of a central payroll system for payment of salaries and wages to Township officers and employees, nor shall they include or apply to professional services rendered to the Township by those professionals, as defined in the Local Public Contracts Law of the State of New Jersey.
The Treasurer shall be appointed annually by the Township Council for a one-year term in January of each year as a regular employee of the Township and shall be duly bonded by a surety company authorized to do business in the State of New Jersey in an amount established by the Council. Any vacancy to the office shall be filled by appointment by the Township Council for the unexpired portion of the year only.
The provisions and procedures of §§ 88-6 and 88-7 shall apply to the Treasurer. The duties of the Treasurer shall be as prescribed by the statutes and regulations of the State of New Jersey, the terms and provisions of this chapter and other applicable ordinances, rules and regulations of the Township.
The Purchasing Agent shall be appointed as a regular employee of the Township annually in January by the Township Council for a one-year term. Any vacancy to such office shall be filled by the Township Council for the unexpired portion of the term only.
During the absence or disability of the Purchasing Agent, the Township Council may, by resolution, appoint an officer or regular employee of the Township to perform the duties of the Purchasing Agent during such absence or disability, except that an absence or disability of three months' duration shall be deemed a vacancy of the office.
The Purchasing Agent shall not be removed from his position during his term of appointment except for cause and upon written charges being presented to him. In the event the Purchasing Agent wishes a public hearing, the Township Council shall, within 15 days after a request for such hearing, conduct a public hearing for the purpose of considering such charges and proofs thereof and making a determination thereon. At such hearing, the Purchasing Agent shall be entitled to confront the charges and proofs and to present evidence on his behalf. The Township Council shall thereupon vote to acquit him of the charges, suspend him from office for a period of time to be determined by the Council, or to dismiss him from office.
The Purchasing Agent shall:
Establish a Central Purchasing Office and purchasing procedures therein and perform functions in accordance with the provisions of this chapter.
Procure for the Township the highest quality in supplies and services commensurate with the requirements of the Township needs, jobs or projects at the lowest possible prices.
Obtain full and open competition on all procurements except noncompetitive services. The Purchasing Agent, whenever there is evidence of collusive bidding, shall report this fact with all data to the Township Council for possible action against the collusive bidders.
Maintain information on current developments in the field of purchasing, prices, market conditions and new products and secure for the Township the benefits of county and state purchasing programs, research done in the field of purchasing by other government jurisdictions, national technical societies, trade organizations having national recognition, and private businesses and organizations.
Maintain a vendors catalog file arranged according to materials and containing descriptions of vendors' commodities.
Prepare and secure, with the cooperation of the using agencies, standardized requirements of qualities and of the specifications for supplies, as defined herein, to be purchased or placed under contract or agreement and establish and maintain adequate permanent records, including requisitions and purchase orders for supplies, bids, reports and similar documents, in an orderly fashion.
Be responsible for procedures for obtaining all discounts available through volume or bulk procurements and, where possible, through prompt payment.
Obtain for the Township all federal and state tax exemptions to which it is entitled.
Make known to the Township Council all vendors who repeatedly default on price, material and/or delivery, with recommendations to the Council for its action.
Cause an inspection to be made of deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
Authorize a using agency, having the staff and facilities for adequate inspections, or other Township employees or professionals to inspect deliveries made to such using agency under rules and regulations approved by the Township Council.
The Purchasing Agent shall have the authority to require chemical and physical tests which are necessary to determine the quality and conformance with specifications of samples submitted with bids and samples of deliveries. In the performance of such tests, the Purchasing Agent shall have the authority to make use of laboratory facilities of any agency, laboratory, or facility available.
Require the using agency supervisor to retain, for attachment to the payment voucher, delivery tickets, receipts or other reports indicating the quantity and or quality of the supplies or services received, as appropriate, to confirm actual delivery and receipt thereof.
Maintain a petty cash fund not in excess of $50 and a record of expenditures therefrom on a monthly basis.
Provide the Police Chief with a source of petty cash in the amount of $50 for a Police Department petty cash fund and to provide the Chief with a source of special petty cash in the amount of $100 for a Police Department special petty cash fund to be used for the purpose of financing the purchase of narcotics contraband during crime prevention activities. Such funds shall be maintained by the Chief of Police, who shall maintain a record of expenditures therefrom in accordance with Subsection N of this section.
[Amended by Ord. No. 1981-4]
The funds for the petty cash funds in Subsections N and O of this section shall be obtained upon submission to the Treasurer of a requisition for cash signed solely by the Purchasing Agent or the Chief of Police for the respective petty cash funds maintained by each whose signature shall also constitute an approval of such requisition.
The Purchasing Agent shall not be authorized to make award of contracts for professional services or those services for which bids are required in the name of the Township. The Township Council hereby reserves such authority itself.
The Township Council shall annually, at the time of reorganization, and from time to time thereafter as may be necessary, designate by resolution the person or persons who may prepare and sign requisitions for purchase orders, specify the using agency on whose behalf such person or persons may make such requisition requests, which member of the Township Council shall have approving authority and responsibility for each such designated person and specified using agency, and furnish the Central Purchasing Office with a certified copy of such resolution.
The requisition and purchase order system shall be operated as follows:
The requisition request shall be one form in duplicate.
The purchase order shall be one form of multiple precarboned copies and shall:
Be prepared in quintuplicate; each copy shall be a carbon copy of a different color.
Be maintained, strictly physically safeguarded and numerically accounted for by the Treasurer.
Provide for the genuine signature of the Treasurer as the only method of validating same.
Be promptly forwarded to the Purchasing Agent upon the Treasurer validating same.
The requisition shall be given to the appropriate person named, pursuant to § 88-10 herein, for approval and, if approved by the person so evidenced by an approving signature and date thereon, the approved requisition shall be promptly forwarded to the Purchasing Agent for a purchase authorization. If not approved, the person authorized to approve shall write "disapproved" thereon, date and initial such notation, and promptly give it to the Purchasing Agent for filing. Such disapproved requisition shall not be further processed or honored.
The Treasurer shall compare the properly approved purchase order to the budget appropriation and, if the balance is sufficient, authorize the purchase by countersigning the same and promptly forward the same to the Purchasing Agent. If the budget balance is insufficient, the Treasurer shall write "insufficient budget balance" on the purchase order, date and sign such notation, and return all copies to the Purchasing Agent. The Purchasing Agent shall forward the using agency's copy to the using agency.
The properly countersigned purchase order shall be distributed as follows:
The original shall be the voucher.
The first copy shall be the purchase order and shall be delivered to the vendor along with the original.
The second and third copies shall be given to the using agency that is to receive the purchase. When the purchase is received, the second copy shall be returned to the Treasurer, together with the delivery ticket attached. If no delivery ticket is available, the person receiving the goods or services shall so signify such fact in writing by notation upon such second copy, sign and date such notation.
The third copy shall be permanently filed by the using agency.
The fourth copy shall be retained by the Purchasing Agent.
The fifth copy shall be retained by the Treasurer and filed in an unpaid purchase order file awaiting presentation of the voucher by the vendor. After payment, such copy shall be filed with the paid voucher file.
Where any erroneous preparation, mistake or damage to the purchase order has occurred before issue, such purchase order shall be invalidated by printing the word "void" across the face of the form so as to clearly appear thereon and all prescribed copies thereof and by crossing out the signature of the Treasurer if such signature has been affixed thereto by the Treasurer. The Treasurer shall then be notified of such action.
The requisition and purchase order system shall restrict and prohibit requisitions and purchase orders as follows:
No purchase requisition from using agencies for supplies, as defined herein, shall be processed or honored by the Purchasing Agent unless such requisition has been approved by the member of the Township Council designated pursuant to § 88-10.
The Purchasing Agent shall cause an examination to be made of each requisition received from using agencies to determine their validity.
No purchase order emanating from one using agency requisition shall be charged to another using agency unless and until such purchase order is approved by the using agency to be so charged.
Any purchase order or contract within the scope of this chapter in which any officer or employee of the Township is financially interested, directly or indirectly, shall be void, except that, before the execution of a purchase order or contract, the Township Council shall have the authority to waive compliance with this section by resolution when it finds such action to be in the best interests of the Township.
No official or employee of the Township shall incur any liability on the part of the Township unless it has been properly authorized by a valid purchase order.
In instances where numerous miscellaneous purchases are made from a particular vendor, a purchase order may be issued in an amount not to exceed $200 for a specific calendar month. When purchases total $200, a single additional purchase order may be issued in an amount not to exceed an additional $100 for a specific month from the vendor. A new purchase order shall be issued for each month.
In the instances of an actual emergency making impractical or impossible the adherence to the provisions of this chapter requiring a valid purchase order for contractual and noncompetitive services, or for supplies, a using agency supervisor may purchase directly such services or supplies under the following conditions:
Procurement is essential to prevent delays in the using agency's work in progress which may vitally affect the life, health or safety of Township residents.
Such purchase is subject to the prior verbal approval of the Township Council member in charge of the using agency or, in his absence, another Council member.
The using agency supervisor shall send to the Purchasing Agent, within 24 hours of an emergency purchase, a purchase requisition confirming ordering and/or delivery of such supplies or services, together with a full written report attached thereto of the circumstances necessitating the emergency purchase and describing in detail the nature of the emergency.
The Purchasing Agent shall not process and honor any requisition confirming the ordering and/or delivery of such services or supplies included in an emergency purchase except in strict accordance with the foregoing.
Recurring noncompetitive services of a public utility type or in the nature of metered or similar charges, billed monthly, quarterly, semiannually, yearly or upon a similar cycle, may be paid without the necessity of use of a requisition or a purchase order.
The payment of all valid purchase orders for which supplies or services have been actually obtained by the Township shall be upon the Treasurer preparing a list of same and presenting such list to the Township Council at such times or intervals as the Council may direct, and the Council, by rollcall vote, shall approve or disapprove payment of same.
The payment of all other claims against the Township for services which are not required to be obtained by the requisition and purchase order system set forth in this chapter shall be upon the claimant submitting a detailed or itemized statement or bill in voucher form upon a voucher form prescribed by the Township Council, duly executed and dated by the claimant, submitted to the Treasurer who shall review same to eliminate any claims which do not qualify for payment. Such vouchers shall be signed as "approved" or "disapproved" by the Clerk as the Council may direct.
The Treasurer shall present to the Township Council claims for payment of valid purchase orders and/or vouchers which have been received by the Treasurer for payment seven business days prior to a regular meeting of the Council. Those received after such time shall be presented at the next regularly occurring meeting of the Council.
Upon approval by the Township Council of any purchase order and/or claim submitted by voucher, the Treasurer shall prepare Township checks to be signed by the Township Mayor, or other chief executive officer, and the Clerk and countersigned by the Treasurer or other authorized person. He shall promptly turn such checks over to the Clerk, whose duty it shall be to promptly distribute them to the named payees thereon.
A payroll account is hereby established for the Township which shall be administered by the Treasurer in accordance with the following:
The Treasurer, upon receipt of a check for the amount due to the payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary accounts with that amount.
The Treasurer shall thereafter draw checks on the payroll account to the Township Council members, officers, employees or appointees entitled to payment from those accounts. All payroll checks shall be signed by the Treasurer, or other designated person.
At each regular meeting of the Council, the Treasurer shall submit for approval or ratification, as the case may be, the necessary payrolls for the amount due to Township officers, employees and appointees for compensation.
The payroll shall be considered by the Council in due course and approved if found to be correct.
In case of error or adjustment in the payroll, the Treasurer shall promptly correct any error or make the adjustment and make an appropriate record of the correction or adjustment.
All purchase orders, vouchers, bills, paid checks and similar documents shall be filed and maintained in a safe place within the Township Municipal Building and made available for public inspection; however, such public inspection shall be only in the presence of an officer or authorized employee of the Township.
Failure, willfully or negligently, by any Township Council member, Township official, appointee, or employee to comply with the provisions of this chapter shall result, in the discretion of the Council, in one or more of the following:
Termination or suspension from Township employment.
Discharge from appointment to a Township position or office.
Refusal of the Township to pay for certain services or supplies ordered, obtained, received or used by any Council member, Township official, appointee or employee.
Civil suit by the Township against any Council member, Township officer, appointee, or employee to recover the cost of the Township of any payment made by the Township or other monetary or other loss or damage occurring to the Township by reason of such person having violated the provisions, terms or conditions of this chapter, together with reasonable attorneys' fees and court costs.
Such other disciplinary action as the Council may determine in its discretion.