There shall be a Department of Administration, the head of which shall be the Business Administrator. Prior to his appointment, the Business Administrator shall be qualified as provided by law. The Business Administrator shall receive an annual salary as established by ordinance, to be paid as all other salaries are paid.
[Added 1-26-1988 by Ord. No. 88-002]
Within the Department of Administration, there shall be a Deputy Business Administrator to assist in the administration of the Department of Administration and perform such duties as the Business Administrator may direct and prescribe and who, during the absence or disability of the Business Administrator, shall possess all of the powers and perform all of the duties of the Business Administrator.
The Department of Administration shall consist of the following Divisions:
A. 
Budget Formulation.
B. 
Personnel Administration.
C. 
Purchasing.
D. 
Information Technology.[1]
[Amended 11-23-2010 by Ord. No. 10-076]
[1]
Editor's Note: Original Sec. 2-44(e), Cable Communications, which immediately followed this subsection, was deleted 12-19-1995 by Ord. No. 95-068. See now § 5-103, Cable Communications Division; Public Works Director as head.
A. 
Within the Department of Administration, there shall be a Budget Formulation Division, the head of which shall be known as the "Budget Officer."
[Amended 12-19-1995 by Ord. No. 95-068]
B. 
The positions within the Budget Formulation Division shall be as set forth in Appendix A, Active Titles in Local Government, included at the end of this chapter.
[Added 11-26-1991 by Ord. No. 91-056; amended 12-19-1995 by Ord. No. 95-068]
C. 
The Budget Formulation Division shall assemble for the Mayor for his review all necessary budgetary information and which shall assist the Mayor in the preparation of budget estimates, schedules, analyses and exhibits. The procedures, form and administration of the budget shall comply with the requirements of law and of the ordinances of the City.
A. 
Budget requests. Pursuant to the charter, during the month of May in each year, all department heads shall submit to the Business Administrator and the Budget Officer requests for appropriations for the next ensuing budget year. Budget requests shall be in such form and detail as the Administrator shall prescribe. Each department head shall appear at a public hearing, pursuant to the charter, on his budget requests and shall then justify the request in terms of work to be performed, service to be rendered or programs to be administered.
[Amended 12-19-1995 by Ord. No. 95-068]
B. 
Submission of budget to Council. On or before the 15th day of July in each year, the Mayor shall submit to the Council his recommended budget, together with such explanatory comment or statement as he may deem desirable. The budget shall be in such form as is required by law for municipal budgets. It shall, in addition, include a current operating section and a capital section, together with detailed analyses of the various items of expenditures and revenues and, to the extent feasible, appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating expenditures and projected annual costs of operation, maintenance and debt service for capital expenditures.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Capital projects. In the capital section of the budget document, the Mayor shall include such capital projects and outlays as he may select from the capital program, together with the relevant explanation and justification.
A. 
[1]Preparation. Each department head, the officer in charge of other municipal agencies and the Planning Board shall prepare and submit to the Business Administrator and the Budget Officer descriptions of its immediate and contemplated capital projects for the ensuing year and during the next five fiscal years. Capital projects requests shall be prepared on forms prescribed by the Budget Officer or as otherwise required by state law or regulation and shall contain preliminary cost estimates and proposed methods of financing. From the information submitted, the Business Administrator and Budget Officer, in consultation with each requesting department, shall prepare and submit to the Mayor a tentative capital budget and a tentative capital program in such form and contents as may be required pursuant to law and which, without limitation thereto, shall include:
(1) 
A clear summary of its contents.
(2) 
A list of all capital improvements which are proposed to be undertaken during the six fiscal years next ensuing with appropriate supporting information as to the necessity for such improvements and their relative priorities.
(3) 
Cost estimates, method of financing and recommended time schedules for each such improvement.
(4) 
The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
(5) 
The estimated effect of the proposed capital program for each year on the tax rate, debt margin, borrowing capacity and general financial structure of the City.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Adoption. Upon receipt of the tentative capital budget and program from the Business Administrator, the Mayor shall review it and prepare a final version of the capital budget for submission to the Council in accordance with law. The Council shall then prepare a final version of the capital budget, hold a public hearing thereon and adopt it as provided by law.
C. 
Annual revisions. The capital program shall be reviewed, revised and extended on an annual basis to assure that the capital program will remain consistent with changing demands, changing patterns of cost and changing financial resources. In aid of such review, progress and performance reports shall be prepared annually by the individual departments for each project authorized in the past budget period to aid in bringing the program up to date. A final accounting shall be provided for projects completed, and progress reports shall be submitted for projects that will take a number of years to complete.
A. 
Budget appropriations shall be controlled by an encumbrance system which shall be prescribed or approved by the Business Administrator. Upon the approval of the Mayor, the Business Administrator shall establish quarterly or such other periodic allotments of appropriations as he may deem desirable.
B. 
Each department shall plan and administer its work program within the limits of such allotments, and no commitments shall be incurred in excess of such allotments except upon written authorization of the Mayor.
A. 
Within the Department of Administration, there shall be a Personnel Administration Division, the head of which shall be known as the "Personnel Director."
B. 
The Personnel Administration Division shall prepare, install and maintain a complete system of personnel administration as prescribed by the Business Administrator with the approval of the Mayor. Such system shall include, without limitation thereto, a job classification and pay plan, uniform rules for the administration of employee benefit programs, a personnel file for each employee, including his initial application, all civil service and other administrative actions relating to the individual, and a record of an annual performance evaluation and rating, all of which shall comprise a permanent record which shall at no time be removed from the Department offices.
C. 
The Division shall supervise all manpower training, development and personnel-related programs operated and/or funded through or by the City and shall be responsible for the formulation and implementation of affirmative action programs for the City.
D. 
The Division shall install, operate and maintain a central payroll system and all social security, pension and insurance records for personnel of all departments. All records as to earnings shall be accumulated, and payment shall be authorized only on an actual time earned basis. No payment shall be authorized by the Division until such time as it has been earned by employees.
E. 
The positions within the Personnel Administration Division shall be as set forth in Appendix A, Active Titles in Local Government, included at the end of this chapter.
[Added 6-9-1993 by Ord. No. 93-016; amended 12-19-1995 by Ord. No. 95-068]
[Added 12-15-2015 by Ord. No. 15-090[1]]
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein.
BUSINESS ADMINISTRATOR
The Mayor, Business Administrator or other officer vested with the executive powers of the City of Paterson.
CITY
The City of Paterson.
CITY COUNCIL
The Council of the City of Paterson.
CITY PURCHASING AGENT OR AGENT
The Purchasing Agent of the City of Paterson.
SUPPLIES
Include all supplies, materials and equipment.
USING AGENCY
Any department, agency, commission, bureau or other unit in the City government using supplies or procuring contractual services as provided for in this chapter.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 5-51 through 5-54 as §§ 5-52 through 5-54.1, respectively.
[Amended 3-27-1990 by Ord. No. 90-007; 6-9-1993 by Ord. No. 93-016; 12-19-1995 by Ord. No. 95-068; 12-20-2005 by Ord. No. 05-084; 7-14-2009 by Ord. No. 09-020; 12-15-2015 by Ord. No. 15-090]
A. 
Within the Department of Administration, there shall be a Purchasing Division, the head of which shall, subject to the direction and supervision of the Business Administrator, administer the public purchasing provisions of the Charter and ordinances. The title of the position shall be the "City Purchasing Agent." The Purchasing Agent shall report to the Director at least monthly on the number, distribution and purchase price of all purchases made by or for the City during the next preceding month. Whenever practicable and advantageous, the Purchasing Agent shall employ the facilities of county and state purchase contracts available to municipalities. It shall be the responsibility of the City Purchasing Agent, when feasible, to store and distribute all personal property to be procured with the funds from the City Treasury for the purpose of exercising its procurement functions efficiently and economically. The division shall classify all items of personal property subject to procurement by it; adopt as standards the minimum number of quantities, sizes and types of such items consistent with efficient operation; and prepare, promulgate and enforce written specifications for all such standard items. Whenever the Division procures any item that is to be paid for out of any appropriation made to another department, board or commission, purchase orders which do not exceed $17,500 or for which a formal contract is not required by the Charter may be authorized by the Business Administrator or the head of the Purchasing Division within the limits of available appropriations.
(1) 
Position specifications. The Purchasing Agent shall:
(a) 
Experience requirement. Have had, prior to his appointment, at least five years' experience in a purchasing office of a public or private corporation in an executive capacity.
(2) 
Scope of purchasing authority. The Purchasing Agent shall have the power and it shall be his duty:
(a) 
Purchase or contract. To purchase or contract for all supplies and contractual services needed by any using agency which derives its support wholly or in part from the City, in accordance with purchasing procedures as prescribed by this chapter and such rules and regulations as the Purchasing Agent shall adopt for the internal management and operation of the Purchasing Division and such other rules and regulations as shall be prescribed by the Business Administrator and the City Council.
[1] 
Exceptions prohibited. The authority of the Purchasing Agent to negotiate all purchases for all using agencies shall not be abridged by excepting any particular using agency.
[2] 
Unauthorized purchases. Except as herein provided, it shall be unlawful for any City officer or officers to order the purchase of any supplies or make any contract within the purview of this chapter other than through Purchasing Division, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the City officials, and the City shall not be bound thereby.
(3) 
Other powers and duties. In addition to the purchasing authority conferred in Subsection A(2) above and in addition to any other powers and duties conferred by this chapter, the Purchasing Agent shall:
(a) 
Minimum expenditure. Act to procure for the City the highest quality in supplies and contractual services at least expense to the City.
(b) 
Encourage competition. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
(c) 
Rules and regulations. Establish, and amend when necessary, all rules and regulations authorized by this chapter and any others necessary to its operation.
(d) 
Purchasing analysis. Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private businesses and organizations.
(e) 
Forms. Prescribe and maintain such form as he shall find reasonably necessary to the operation of this chapter.
(f) 
Standard nomenclature. Prepare and adopt a standard purchasing nomenclature for using agencies and supplies.
(g) 
Vendors' catalog file. Prepare, adopt and maintain a vendors' catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendors' commodities, prices, and discounts.
(h) 
Bulk purchases. Exploit the possibilities of buying in bulk so as to take full advantage of discounts.
(i) 
Federal tax exemptions. Act so as to procure for the City all federal tax exemptions to which it is entitled.
(j) 
Cooperation with Department of Finance. Cooperate with the Department of Finance so as to secure for the City the maximum efficiency in budgeting and accounting.
B. 
All purchases of any supplies, materials or equipment or contractual services for a department shall be made by the Purchasing Agent pursuant to a written requisition from the director of the department whose appropriation will be charged, and the certification of the Director of Accounts and Control that a sufficient unencumbered balance of appropriation is available to pay therefore. All purchasing shall comply with the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and any amendments or supplements thereto.
C. 
The director of each department shall designate by writing, filed with the Business Administrator, the name or names of employees in the department authorized to receive supplies, materials and equipment. A person so designated shall accept deliveries and sign for them only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality, the receiving employee shall immediately notify the department director for appropriate action. If any supplies, materials or equipment are rejected, the department director shall immediately notify the Business Administrator.
D. 
Except as the Business Administrator may authorize in cases of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to the code have been followed.
E. 
The position within the Purchasing Division, Department of Administration, shall be as set forth in Appendix A, Active Titles in Local Government, included at the end of this chapter.
A. 
Where the Business Administrator determines that an emergency exists within the meaning of applicable statutes, the purchase of any item may be made without advertisement for bids, notwithstanding that the amount involved exceeds $17,500. The Business Administrator shall establish procedures, in compliance with state laws and regulations, which will permit such emergency purchases to be made for specific purposes in a manner other than that prescribed by this article.
B. 
Additional requirements.
(1) 
Emergency purchases by Purchasing Agent. In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Business Administrator shall be empowered to authorize the Purchasing Agent to secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure.
(a) 
Recorded explanation. A full report of the circumstances of an emergency purchase shall be filed by the Purchasing Agent with the City Council.
(2) 
Emergency purchases by head of using agency. In case of actual emergency, and with the consent of the Purchasing Agent, and the approval of the Business Administrator, the head of any using agency may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens.
(a) 
Recorded explanation. The head of such using agency shall send to the Purchasing Agent a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council as provided in Subsection B(2)(a) above.
(b) 
Emergency procedure. The Purchasing Agent shall prescribe by rules and regulations the procedure under which emergency purchases by heads of using agencies may be made.
A. 
All purchases of supplies, and contractual services, the value of which is less than 15% of the City of Paterson's bid threshold shall be made in the open market, without newspaper advertisement and without observing the procedures prescribed by § 5-54.5 for the award of formal contracts. A requisition for the goods/services shall be prepared by the using agency and forwarded to the Purchasing Agent for processing. If the value of the goods/services exceeds 15% of the City of Paterson bid threshold but is less than the City of Paterson bid threshold, then the goods/services may be procured through the solicitation of price quotes.
B. 
Minimum number of price quotes. All purchases by quotation shall, wherever possible, be based on at least three competitive quotes, and shall be awarded to the vendor that submitted the lowest responsible quote.
(1) 
Notice inviting quotes. The Purchasing Agent shall solicit quotes by:
(a) 
Direct mail request to prospective vendors;
(b) 
By telephone;
(c) 
By public notice posted on the bulletin board of the City Hall lobby; or
(d) 
By posting notice on the City of Paterson website.
(2) 
Recording. The Purchasing Agent shall keep a record of all orders obtained through price quotes and the quotes submitted in competition thereon, and such records shall also be open to public inspection.
A. 
The Business Administrator shall establish or approve uniform standards for requisitions and purchases.
B. 
Requisition and estimates. All using agencies, either by or with the authorization of the Department Director 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 Purchasing Agent shall prescribe.
(1) 
Unforeseen requirements. A using agency shall not be prevented from filing, in the same manner, with the Purchasing Agent at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
(2) 
Revisory power in Purchasing Agent. The Purchasing 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.
Except in cases of emergency, the Purchasing Agent shall not issue any order for delivery on a contract or open market purchase until the Finance Director shall have certified that there is to the credit of the using agencies concerned a sufficient unencumbered appropriation balance, in excess of all unpaid obligations, to defray the amount of such order.
Any purchase order or contract within the purview of this chapter, in which the Purchasing Agent or any officer or employee of the City is financially interested, directly or indirectly, shall be void.
A. 
Gifts and rebates. The Purchasing Agent and every officer and employee of the City 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 given for the use and benefit of the City.
All purchases of and contracts for supplies and contractual services and all sales of personal property which has become obsolete and unusable shall, except as otherwise provided by law, be based wherever possible on competitive bids.
All supplies and contractual services, except as otherwise provided by law, when the estimated cost thereof shall exceed $40,000, shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bid proposals.
A. 
Notice inviting bids.
(1) 
Newspaper. Notice inviting bids shall be published once in at least one official newspaper in the City and at least 10 days preceding the last day set for the receipt of bid proposals.
(a) 
Scope of notice. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid packages and specifications may be secured and the time and place for opening bids.
(2) 
City of Paterson website. The Purchasing Agent shall also advertise all pending purchases or sales by a notice posted on the City of Paterson website.
B. 
Bid deposits. When deemed necessary by the Purchasing Agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the Purchasing Agent has required such. A successful bidder shall forfeit any surety required by the Purchasing Agent upon failure on his part to enter a contract within 10 days after the award.
C. 
Bid opening procedure.
(1) 
Sealed. Bids shall be submitted sealed to the Purchasing Agent and shall be identified as bids on the envelope.
(2) 
Opening. Bids shall be opened in public at the time and place stated in the public notices.
(3) 
Tabulation. A tabulation of all bids received shall be posted for public inspection and will be available no sooner than 48 hours after the date of the bid opening.
D. 
Rejection of bids. The Purchasing Agent 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.
(1) 
Bidders in default to City. The Purchasing Agent shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City.
E. 
Award of contract.
(1) 
Authority in agent. The Purchasing Agent shall have the authority to award contracts within the purview of this chapter.
(2) 
Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the Purchasing Agent shall consider:
(a) 
The ability, capacity 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 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) 
The number and scope of conditions attached to the bid.
(3) 
Award to other than low bidder. 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.
(4) 
Tie bids.
(a) 
Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
(b) 
Outside vendors. Where Subsection E(4)(a) is not in effect, the Purchasing Agent shall award the contract to one of the tie bidders by drawing lots in public.
(5) 
Performance bonds. The Purchasing 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 City.
F. 
Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
The Purchasing Agent shall control and supervise storerooms and warehouses.
A. 
Inventory. The Purchasing Agent shall maintain a perpetual inventory record of all materials, supplies or equipment stored in storerooms and warehouses.
The head of the using agency shall have the authority to submit requisitions to the Purchasing Agent for supplies available under the terms of a price agreement contract made by the Purchasing Agent.
The Purchasing Agent 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.
A. 
Inspection by using agency. The Purchasing Agent shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Purchasing Agent shall prescribe.
B. 
Tests. The Purchasing 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 Purchasing Agent shall have the authority to make use of laboratory facilities of any agency of the City government or of any outside laboratory.
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.
A. 
Transfer. The Purchasing Agent shall have the authority to transfer surplus stock to other using agencies.
B. 
Sale. The Purchasing 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.
(1) 
Competitive bidding. If the estimated fair market value of the property to be sold exceeds 15% of the City of Paterson bid threshold in any one sale, it shall be sold at public sale to the highest responsible bidder and in conformance with § 5-54.5.
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served thereby.
[Amended 12-19-1995 by Ord. No. 95-068]
Within the Department of Administration, there shall be a Division of Information Technology, the head of which shall be known as the "Information Technology Director." The Division shall program, compute, process and store in an established area and order such data and information pertinent and relative to the City’s operations. The Business Administrator may prescribe, for reasons of efficiency and economy, such other data and information relative to other departments as may prove to be economically feasible. The Division shall use and operate such machinery, equipment and computers and their peripheral equipment as may be made available for the purpose of the City. All references to the "Division of Data Processing" shall be deemed to refer to the "Division of Information Technology," and all references to the "Data Processing Director" shall be deemed to refer to the "Information Technology Director."