[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 3-4-2005 by Ord. No. 05-03C. Amendments noted where
applicable.]
The following purchasing procedures are hereby
established for use in the Township of Long Beach, which purchasing
procedures shall be adhered to by all employees and elected officials
of the Township of Long Beach in order to insure conformity with the
New Jersey Local Public Contracts Law[1] and good accounting procedures, to insure compliance with
the Local Public Contracts Law in all of its aspects and further to
prevent and safeguard against overspending budget accounts and ordinances.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
The definitions contained in the New Jersey
Local Public Contracts Law as found in N.J.S.A. 40A:1 1-2 are incorporated
herein by reference, and where any word used in this chapter is found
in N.J.S.A. 40A:l 1-2 it shall have the same meaning as found in that
statute.
[Amended 4-4-2016 by Ord.
No. 16-11C]
The purchase by Long Beach Township and all employees and elected officials thereof of both goods and services shall comply with the provisions of the New Jersey Local Public Contracts Law, as set forth at N.J.S.A. 40A:1 1-1, et seq., and the procurement policies and procedures manual adopted by the Board of Commissioners by resolution, as set forth in § 25-6, except that where stricter purchasing requirements are set forth in this chapter and the procurement policies and procedures manual, the stricter requirements shall govern.
[Amended 4-21-2006 by Ord. No. 06-10C; 2-4-2019 by Ord. No.
19-01C]
A.
The Purchasing
Department shall serve as the contracting agent for the purchasing
activity for the Township. In compliance with the Local Public Contracts
Law, the Purchasing Department shall administer all procurement-related
activity for the Township, including, but not limited to, the preparation,
advertising, receipt, review, and award of bids, the preparation,
solicitation, review and award of competitive quotes and quotes, and
all required actions relating to direct purchases. Where deemed appropriate
or required, the Purchasing Department shall prepare, advertise, review,
and award bids and quotes in conjunction and/or with the Township
Engineer and/or the Township Attorney.
B.
Within the
Purchasing Department there is created the offices of Purchasing Agent
and Assistant Purchasing Agent to administer and fulfill the obligations
of the Purchasing Department. The Purchasing Agent shall direct the
Purchasing Department and supervise and direct the Assistant Purchasing
Agent; the Assistant Purchasing Agent shall direct and administer
the Purchasing Department in the absence of the Purchasing Agent.
(1)
The
Purchasing Agent shall possess all authority and duties set forth
in N.J.S.A. 40A:11-9 and act and be designated as a Qualified Purchasing
Agent, provided the Purchasing Agent has obtained the required certification
from the state pursuant to the statutory requirements.
(2)
In the
event that the person designated as Qualified Purchasing Agent is
no longer able to perform the duties of the position, whether by retirement,
resignation, or otherwise, a noncertified person may be appointed
for a period not to exceed one year, commencing from the date of the
vacancy. That person may serve as the temporary Qualified Purchasing
Agent for that year and a maximum of one additional year following
the end of the first temporary appointment.
(a)
In
the event the decision is made to appoint a temporary Qualified Purchasing
Agent and a person is serving as the Assistant Purchasing Agent, the
Assistant Purchasing Agent shall be appointed as the temporary Qualified
Purchasing Agent for the period of time directed.
(3)
The
position of Purchasing Agent and Qualified Purchasing Agent may be
filled by a part-time employee, full-time employee, an independent
contractor, or by a shared-services agreement.
C.
Notwithstanding
the creation of the Purchasing Department, all contracts for the acquisition
of goods or services where the amount exceeds such amount as the Board
of Commissioners may by resolution from time to time designate shall
be approved by resolution of the Board of Commissioners, and, where
execution of a contract is required, such contract shall be executed
by the Mayor and attested to by the Municipal Clerk.
[Added 4-4-2016 by Ord.
No. 16-11C]
The Board of Commissioners may adopt by way of resolution a
procurement policies and procedures manual that shall set forth the
day-to-day and annual procurement policies and procedures which shall
be followed by the elected officials, officers, and employees of the
Township of Long Beach. Upon adoption, copies of the manual shall
be provided to each department and copies shall be available to all
officers, employees, and the public at the Office of the Municipal
Clerk.
[Added 4-4-2016 by Ord.
No. 16-11C]
A.
Upon receipt of claims for approval and payment pursuant to this
chapter and the procurement policies and procedures manual, the Certifying
and Approval Officer shall review all of the claims, and, if the documents
and proofs establish same, the Certifying and Approval Officer shall
certify in the written certification form (paper or electronic) in
accordance with N.J.S.A. 40A:5-17 and N.J.S.A. 40A:5-16(b) that:
(1)
The Certifying and Approval Officer has reviewed the claims;
(2)
Sufficient proof has been provided or reviewed that establishes that
the Township received the goods and/or services claimed;
(3)
Township previously authorized the goods and/or services received
and that the fees and costs claimed were authorized by Township;
(4)
Proper and sufficient appropriations for the payment of the claim
exist; and
(5)
There exists the legal authority to make the payments as evidenced
by action taken by Township or the authorized Township agent, officer,
or employee.
B.
Upon the completion of the certification set forth in § 25-8A
by the Certifying and Approval Officer, the Certifying and Approval
Officer shall submit an electronic or paper copy of the certification
and the bill list to the Commissioner of Revenue and Finance.
C.
Provided that the Commissioner of Revenue and Finance has no objection
to the certification and the bill list submitted by the Certifying
and Approval Officer within 24 hours of the submission of same, the
Certifying and Approval Officer shall provide the certification and
the bill list to the Treasurer's office, who shall forthwith
prepare the necessary checks for the payment thereof and shall record
them in proper books of account. The checks shall then be signed by
the Mayor, one other Commissioner, and the Chief Financial Officer,
and, thereafter, a designated agent shall mail or otherwise distribute
payment of the claims.
D.
At least three days prior to the next public meeting held by the
Board of Commissioners, the Certifying and Approval Officer shall
present copies of the proofs, the bill list, and the certification
to each commissioner for review and ratification or disapproval at
the public meeting.
E.
Ratification or disapproval of claims paid by Certifying and Approval
Officer by Board of Commissioners.
(1)
The Board of Commissioners may, based upon the proofs provided by
the Certifying and Approval Officer and the Certifying and Approval
Officer's compliance with this chapter, ratify or disapprove
the payment of each claim certified and approved by the Certifying
and Approval Officer at the next public meeting immediately following
the payment of each claim.
(2)
In the event that the Board of Commissioners declines to ratify and
disapproves the claim(s) certified and approved by the Certifying
and Approval Officer, the Board of Commissioners may, on its own initiative,
or by designation of an appropriate Township agent, officer, or employee,
conduct an investigation into each such claim. The investigation shall
be conducted in a reasonably expeditious matter and the results of
the same shall be reviewed by the Board of Commissioners prior to
the next public meeting, if feasible. Following review of the results
of the investigation, the Board of Commissioners may either elect
to ratify the payment of any disputed claim at the next public meeting
or further disapprove of the payment of the claim, and may authorize
and direct any remedial and/or legal action relating to the further
disapproved payment of the claim(s).
