Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 5, Art. XXII, of the 1981 Revised Code. Amendments noted where applicable.]
[Amended 2-26-1967 by Ord. No. MC 2181; 6-9-1970 by Ord. No. MC 2253; 1-26-1971 by Ord. No. MC 2277]
A. 
All supplies, materials and equipment, as hereinafter defined, and all other similar items required for the operation or transaction of the business of all departments of the Town shall be purchased for the Town in a manner prescribed by the following sections of this chapter, except the following:[1]
(1) 
Perishable food products.
(2) 
Construction of any pavement, sewer or other project requiring engineering plans, specifications and supervision.
(3) 
Educational supplies for the Board of Education.
(4) 
Library purchases.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
"Equipment," as used in Subsection A of this section, shall mean and include all business machines and fixtures such as desks, typewriters, accounting machines, etc., and shall exclude such equipment or apparatus as:
(1) 
Garbage trucks.
(2) 
Dump trucks.
(3) 
Street sweepers.
(4) 
Police radio cars.
(5) 
All other similar motorized vehicles or mechanical machinery.
[Amended 2-26-1967 by Ord. No. MC 2181]
All supplies, equipment, materials and all similar items referred to in § 100-1 shall be obtainable only by requisition, in writing, delivered to the Purchasing Agent of the Town, issued by the director of the department requiring such articles or by a person duly authorized in writing by such director to issue such request. Such requisition shall describe the article desired, the quantity and quality needed, as well as the date when delivery is required. Such requisition shall also contain the specifications prepared by the department issuing same or reference to standard specifications of such department and other identifying features of such article and shall require the submitting of samples thereof wherever possible.[1]
[1]
Editor's Note: Original § 5-179, Purchases when purchase price is under $4,500; § 5-180, Purchases when purchase price exceeds $4,500; and § 5-181, Purchases when price is more than $500 and less than $4,500, amended 2-26-1967 by Ord. No. MC 2181; 1-26-1971 by Ord. No. MC 2277; and 3-25-1980 by Ord. No. MC 2602, which previously followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township quote, pay to play and bid threshold shall follow the statutory increase pursuant to N.J.S.A. 40A:11-1 et seq. When the Governor, in consultation with the Department of the Treasury, no later than March 1 of every fifth year beginning in the fifth year after the year in which P.L. 1999, c. 440, takes effect, shall adjust the threshold amount, the Township threshold shall adjust accordingly.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Purchasing Agent shall make proper check and inspection of all articles purchased pursuant to this chapter when he deems it necessary, to ascertain whether the aforesaid articles purchased comply with the specifications, and cause laboratory or other tests to be made whenever in his opinion it is necessary to determine whether the aforesaid article furnished is of the quality and standard required. This section shall not preclude the right of the departments of the Town to make their own laboratory tests which they may be equipped to conduct, and to reject any materials or equipment not meeting the requirements of any such department.
[Amended 2-26-1967 by Ord. No. MC 2181; 1-26-1971 by Ord. No. MC 2277]
The Purchasing Agent shall not pay for purchases but shall approve or refer recommendations regarding the same to the Director of Revenue and Finance and Comptroller, the payment of all bills to be passed upon by the Town Council and payment finally made in the manner and form prescribed by this Code and other ordinances of the Town.
The Purchasing Agent is hereby empowered to sell or exchange obsolete equipment or unused supplies and materials of the Town in accordance with the provisions of statute or as may otherwise be provided by law, and for such purposes he shall be the substitute and agent of any person named by law in specific instances and shall exercise such powers, where necessary, as the deputy of the named authority, obtaining written order to do so. All such sales of goods, supplies, materials or equipment shall be had at public bidding after advertisement as to the time and place of sale and the things to be sold.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 5-185, Printing and stationery to have union label, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
There is hereby created and established a Purchasing Committee of the Town.
The Purchasing Committee shall consist of three members, namely, the Purchasing Agent, the Municipal Clerk and the Business Administrator.
The Purchasing Committee shall be authorized to receive such bids as may be presented and immediately proceed to unseal them and publicly announce the contents in the presence of the parties bidding or their agents, if they choose to be then and there present, and shall also make proper record of the prices and terms upon the minutes of the body.
The Purchasing Committee shall keep full, complete and accurate minutes on all bids received and shall comply with the applicable provisions of state law.
All advertisements for bids shall designate the time and place of the meeting at which the Purchasing Committee shall receive the bids. All contracts shall be advertised for bids pursuant to N.J.S.A. 40A:11-23.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
After bids are received, read and recorded as provided by this chapter, they shall be turned over to the Purchasing Agent for tabulation and recommendation to the Council.
The Purchasing Committee established by this chapter shall not be authorized to purchase materials and supplies pursuant to N.J.S.A. 40A:11-1 et seq., but shall exercise only those powers enumerated in this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 1-26-1998 by Ord. No. MC 3088[1]]
There is hereby created and established a Joint Purchasing Commission.
[1]
Editor's Note: Ordinance No. MC 3088 was vetoed by the Mayor; said veto was overridden by a two-thirds vote of the Council 2-24-1998 by Res. No. MC 98-0224-7.
[Added 1-26-1998 by Ord. No. MC 3088]
The Joint Purchasing Commission should consist of the Township's Business Administrator, the Township's Purchasing Agent, the Chief Financial Officer and depending upon their consent to so participate as members of the Commission, a Board of Education member, the Superintendent of Schools or his/her designee, the Assistant Superintendent For Business/Board Secretary and the Executive Director of the Irvington Housing Authority or his/her designee.
[Added 1-26-1998 by Ord. No. MC 3088]
This Commission shall keep complete and accurate records of all purchases made, the manner or method used to make such purchases and comply with all provisions of state law.
[Added 1-26-1998 by Ord. No. MC 3088]
Any purchases made or authorized through the public bidding process shall be conducted in strict compliance with state statutes relevant to the process.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-20 et seq.
The Township shall comply with N.J.S.A. 40A:11-1 et seq., N.J.A.C. 5:34-5, the Township Purchasing Manual and all laws and regulations promulgated by the Division of Local Government Services.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).