[HISTORY: Adopted by the Borough of Rutherford
Council 3-21-2000 by Ord. No. 2929-00.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative offices — See Ch. 4.
Length of service award program — See Ch. 51A.
Cooperative purchasing — See Ch. 82.
[1]
Editor's Note: Former Ch. 81, Purchasing, adopted 4-1-1969
by Ord. No. 2017, was repealed 9-8-1999 by Ord. No. 2907A-99.
This chapter shall be known and may be cited
as the "Purchasing Ordinance of the Borough of Rutherford."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
The Borough of Rutherford.
The Purchasing Agent of the Borough of Rutherford.
Includes all telephone, gas, water, electric light and power
service, repair or maintenance of equipment, machinery and other Borough-owned
personal property. The term shall not include professional and other
contractual services that are by their nature unique and not subject
to competition.
The Chairman of the Finance Committee.
The Mayor and Council of the Borough of Rutherford.
Include all supplies, materials and equipment.
Any department, agency, commission, bureau or other unit
in the Borough government using supplies or procuring contractual
services as provided for in this chapter.
There is hereby established in the administrative
and executive service of the Borough the Purchasing Department, and
in said Department the office of Borough Purchasing Agent.
The Borough Purchasing Agent shall be the head
and have general supervision of the Purchasing Department. The Agent
shall perform all duties required of a department head by law and
shall have the powers and duties prescribed by this chapter.
A.
The Agent shall:
(1)
Be appointed according to the New Jersey State Civil
Service Rules and Regulations and in accordance with the personnel
regulations of the Borough of Rutherford.
(2)
Have considerable experience as a buyer or in responsible
purchasing work involving the procurement of a variety of supplies,
materials and equipment; graduation from a four-year college with
specialization in business and public administration or an equivalent
combination of experience and training as required by the New Jersey
Department of Personnel.
B.
The Agent shall have the power and it shall be his
or her duty:
(1)
To purchase or contract for all supplies and contractual
services needed by any using agency of the Borough in accordance with
purchasing procedures as prescribed by this chapter and such procedures
as the Agent shall adopt for the internal management and operation
of the Purchasing Department.
(a)
The authority of the Agent, at this time, shall
not include construction of buildings, street improvements, parks
and other related projects that require professional engineering or
architectural services.
(b)
Except as herein provided, no Borough officer
or employee shall order or purchase any supplies or make any contract
within the purview of this chapter, other than through the Purchasing
Department, and any purchase ordered or contract made contrary to
the provisions hereof shall not be approved by the Borough Purchasing
Agent and the Borough shall not be bound thereby.
C.
In addition to the purchasing authority conferred in Subsection B above and in addition to any other powers and duties conferred by this chapter, the Agent shall:
(1)
Act to procure 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 and
sales.
(3)
Establish and amend, when necessary, all procedures,
rules and regulations authorized by this chapter and any other necessary
to its operation.
(4)
Keep informed of current developments in the field
of purchasing, prices, market conditions and new products and secure
for the Borough the benefits of research done in the field of purchasing
by other governmental jurisdictions, national technical societies,
trade business and organizations.
(5)
Prescribe and maintain such forms as he or she shall
find reasonably necessary to the operation of this chapter.
(6)
Prepare, adopt and maintain a vendor's catalog file.
Said catalogs shall be filed according to materials and shall contain
descriptions of vendor's commodities.
(7)
Exploit the possibilities of buying in bulk so as
to take full advantage of discounts.
(8)
Act, in conjunction with the Borough's Chief Financial
Officer, so as to procure for the Borough all federal and state tax
exemptions to which it is entitled.
(9)
Have the authority to declare as irresponsible bidders
those vendors who default on their quotations and to disqualify them
from receiving any business from the Borough for a stated period of
time, as recommended by the Purchasing Agent and approved by the Mayor
and Council.
(10)
When necessary, prepare and adopt a standard purchasing
nomenclature for using agencies and suppliers and for the Purchasing
Department, with reference to state statutes.
A.
All using agencies, either by or with the authorization
of the head of the department under which the using agency operates,
shall file with the Agent detailed requisitions or estimates of their
requirements in supplies and the contractual services in such manner
at such times and for such future periods as the Agent shall prescribe.
B.
The Agent shall examine each requisition or estimate
and shall have the authority to revise it as to quantity, quality
or estimated cost; but revision as to quality shall be in accordance
with the standards and specifications established pursuant to this
chapter and the needs of the using agency.
A.
Any purchase order or contract within the purview
of this chapter in which any officer or employee of the Borough is
financially interested, directly or indirectly, shall be void, except
that, before the execution of a purchase order or contract, the Council
shall have the authority to waive by resolution compliance with this
section when it finds such action to be in the best interests of the
Borough.
B.
The Agent and every officer and employee of the Borough
are expressly prohibited from accepting, directly or indirectly, from
any person, company, firm or corporation to which any purchase order
or contract is or might be awarded any rebate, gift, money or anything
of value whatsoever, except where given for the use and benefit of
the Borough.
All purchases of and contracts for supplies
and contractual services and all sales of obsolete equipment or other
personalty shall, except as specifically provided herein, be based
wherever possible on competitive bids.
Except as otherwise provided herein, when the
estimated cost of supplies or contractual services shall exceed the
bid threshold amount as provided under state statute, they shall be
purchased by formal, written contract from the lowest responsible
bidder after due notice inviting proposals as required by the Statutes
of New Jersey.[1]
A.
When deemed necessary by the Agent, bid deposits shall
be prescribed in the public notices inviting bids. Unsuccessful bidders
shall be entitled to return of surety where the Agent has required
such. A successful bidder shall forfeit any surety required by the
Agent upon failure on his part to enter a contract within 10 days
after the award.
C.
The Mayor and Council shall have the authority to
reject all bids, parts of all bids or all bids for any one or more
supplies or contractual services included in the proposed contract
when the public interest will be served thereby.
D.
Award of contract.
(1)
The Agent shall not award the bid of a contractor
or supplier who is in default on the payment of taxes, licenses or
other moneys due the Borough.
(2)
Contracts shall be awarded to the lowest responsible
bidder. In determining the lowest responsible bidder, in addition
to price, the Agent shall consider:
(a)
The ability, capability and skill of the bidder
to perform the contract or provide the service required.
(b)
Whether the bidder can perform the contract
or provide the service promptly or within the time specified without
delay or interference.
(c)
The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
(d)
The quality of performance of previous contracts
or services.
(e)
The previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service.
(f)
The sufficiency of the financial resources and
ability of the bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of
the supplies or contractual services to the particular use required.
(h)
The ability of the bidder to provide future
maintenance and service for the use of the subject of the contract.
(i)
Such other factors as are required under applicable
state statutes.
(3)
When the award is not given to the lowest bidder,
a full and complete statement of the reasons for placing the order
elsewhere shall be prepared by the Agent and filed with the other
papers relating to the transaction.
(5)
The Agent shall have the authority to require a performance
bond before entering a contract in such amount as he shall find reasonably
necessary to protect the best interests of the Borough.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
[Amended 6-26-2018 by Ord. No. 3465-18]
A.
All requisitions, regardless of amount, are to be signed by the department
head of the requesting department, shall be presented to the CFO (to
ensure the availability of funds, and that the proper budgetary account
is charged), and to the Borough Administrator, or in the absence of
a Borough Administrator by anyone the Council designates by resolution.
B.
All requisitions under the current bid threshold ($40,000 at the
time of the most recent amendment to this section) shall be signed
by the department head of the requesting department, the Chief Financial
Officer, and the Borough Administrator, or in the absence of a Borough
Administrator by anyone the Council designates by resolution.
C.
In addition to the department head of the requesting department,
the CFO, and the Borough Administrator, all requisitions having an
estimated dollar value in excess of the current bid threshold ($40,000
at the time of the most recent amendment to this section) shall be
presented for approval to the appropriate Councilperson and are subject
to Council approval. However, a Councilperson's signature is not required
for any requisitions that are statutory and contractually negotiated,
including but not limited to requisitions for health benefit payments,
insurance payments, distribution of tax levies, sewer utilities, pension
payments and debt payments.
Emergency purchases shall be made as follows:
A.
By the Agent.
(1)
In case of an apparent emergency that requires immediate
purchase of supplies or contractual services, the Agent shall secure
by open market procedure, as herein set forth, at the lowest obtainable
price, any supplies or contractual services, the amount of the expenditure
not to exceed $500.
(2)
A full report of the circumstances of an emergency
purchase shall be filed by the Agent with the Mayor and Council and
shall be entered in the minutes of the Council.
B.
By the department head.
(1)
In case of actual emergency and with the prior consent
of the Agent, the head of any using agency may purchase directly any
supplies or services whose immediate procurement is essential to prevent
delays in the work of the using agency which may vitally affect the
life, health, safety or welfare of citizens, so long as the emergency
purchase does not exceed the bid threshold amount as provided under
state statute.
(2)
When the emergency purchase may exceed the bid threshold
amount, such purchase shall not be made unless it meets the criteria
provided under state statutes dealing with emergency purchases. The
Purchasing Agent and the Borough Administrator must preapprove same,
after consultation with the Borough Attorney.
(3)
All emergency purchases shall be made, wherever possible,
after quotes have been obtained on the open market, as herein set
forth.
(4)
The head of such using agency shall send to the Agent
a requisition and a copy of the delivery record, together with a full
report of the circumstances of the emergency. The report shall be
filed with the Mayor and Council.
A.
The head of the using agency shall inspect or supervise
the inspection of all deliveries of supplies or contractual services
to determine their conformance with the specifications set forth in
the order or contract.
B.
The Agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Agent shall have the authority to make use of laboratory facilities of any outside laboratory. The cost of such tests shall be charged to the using agency in the same manner as described in § 81-9 regarding the approval of requisitions.
A.
All using agencies shall submit to the 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 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 Agent shall have the authority to transfer surplus
stock to other using agencies.
(2)
The Agent 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. A record of each
sale shall be made and placed on file.
The Agent shall have the authority to join with
other units of government in cooperative purchasing plans as stated
in the Statutes of the State of New Jersey when the best interests
of the Borough could be served thereby.[1]
All ordinances or parts of ordinances, resolutions
or parts of bylaws inconsistent with this chapter be and the same
are hereby repealed.
[Added 9-12-2022 by Ord. No. 3620-22]
A.
PUBLIC WORKS PROJECT
APPRENTICESHIP PROGRAM
REGISTERED APPRENTICESHIP
As used
in this section, the following terms shall have the meanings indicated:
Any construction, reconstruction, demolition, alteration,
custom fabrication, or repair work, or maintenance work, including
painting and decorating, done under contract and paid for in whole
or in part out of the funds of a public body, except work performed
under a rehabilitation program.
A registered apprenticeship program providing to each trainee
combined classroom and on-the-job training under the direct and close
supervision of a highly skilled worker in an occupation recognized
as an apprenticeable trade, and registered by the Bureau of Apprenticeship
and Training of the U.S. Department of Labor and meeting the standards
established by the Bureau, or registered by a state apprenticeship
agency recognized by the Bureau.
Apprenticeship in a program providing to each trainee combined
classroom and on-the-job training under the direct and close supervision
of a highly skilled worker in an occupation recognized as an apprenticeable
trade, and registered by the Office of Apprenticeship of the United
States Department of Labor and meeting the standards established by
that office.
B.
As a requirement
for apprenticeship programs and related requirements as an element
of bidder responsibility, bidders shall provide evidence that at the
time of the bid, the bidder and all of the bidder's sub-contractors
participate in active apprenticeship and training programs approved
and registered with the United States Department of Labor's Bureau
of Apprenticeship and Training for each of the trades of work contemplated
under the awarded contract.
C.
Any bidder
for the public works projects as defined herein with engineering estimates
that the total cost of the project, exclusive of any land acquisition
costs, engineering, design, and construction management costs, will
equal or exceed $500,000, who fails to comply with the requirement
to participate in an apprenticeship program as described herein shall
not be regarded as responsible under the meaning of N.J.S.A. 40A:11-2(32).
This provision shall not apply to contracts for road paving contracts.
D.
If any
provision of this section is contrary to state or federal law, state
and/or federal law shall control, but all other provisions of this
section shall remain in full force and effect.
E.
All ordinances
of the Borough of Rutherford, which are inconsistent with the provisions
of this section, are hereby repealed to the extent of such inconsistency.
F.
If any
section, subsection, clause or phrase of this section is for any reason
held to be unconstitutional or invalid by any court or competent jurisdiction,
such decision shall not affect the remaining portion of this section.
G.
All other
provisions of this chapter of the Code of the Borough of Rutherford
are not further amended and remain in full force and effect.