[Ord. No. 1991-1 § 4-9;
amended 11-4-2020 by Ord. No. 2020-38]
a.Â
The Borough Council, as the governing body of the Borough, realizes
that it is responsible to implement a central purchasing function,
to supervise proper disbursement of the municipal government's funds
and meeting the need for goods and services, and to function in an
effective and responsible manner in accordance with the policies established
by N.J.S.A. 40A:11-1 et seq.
b.Â
The Borough Council recognizes that the major portion of budgeted
funds are disbursed in the procurement of goods and services and that
it is necessary to establish a procedure to regulate purchases in
the Borough which permits continuous awareness and control of all
commitments and expenditures, as well as the assurance of proper economical
considerations.
c.Â
The Borough Council further recognizes that it is necessary with
regard to capital improvements that all costs for such projects be
encumbered against the ordained appropriation.
d.Â
Any and all funds available to the Borough are directly or indirectly
contributed by the taxpayers, citizens and residents of the Borough
or the State; all expenditures must be open to public review and are
subject to questioning by any of the aforesaid.
e.Â
The Borough Council further recognizes that the responsibility for
expenditures must be clearly defined and the procedure for processing
any actions causing the expenditure clearly stated.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § I; amended 11-4-2020 by Ord. No. 2020-38]
As used in this Article:
Shall mean any agreement whether by contract or purchase
order, whether above or below any public bid threshold that may be
established from time to time by the State of New Jersey, for the
sale of any goods or non-professional services to the Borough, as
defined herein, and without regard to whether the said agreement or
contract is awarded pursuant to and in accordance with the open public
bidding requirements of N.J.S.A. 40A:11-5, et seq.
Shall mean any agreement or contract for the rendering of
professional services to or on behalf of the Borough, as defined herein,
and without regard to whether the said agreement or contract is awarded
pursuant to and in accordance with the open public bidding requirements
of N.J.S.A. 40A:11-5, et seq., or pursuant to a request for proposal
(RFP) process.
Shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of any elected office of the Borough, or to any municipal or
party committee or political club or organization within the Borough;
the term "directly or indirectly" as used herein shall further mean
and include any campaign contributions made through intermediaries
or third-parties for the purpose of concealing the source of the contribution(s).
Shall mean the Borough of Belmar as a municipal entity, and
any elected official, municipal officer, municipal employee, or any
agent, department, board or commission of the Borough of Belmar.
Shall mean other elected office campaign contribution, Belmar
campaign contribution, County campaign contribution and/or pass-through
campaign contribution as defined herein.
Shall mean a certification in lieu of affidavit pursuant
to which the Chief Financial Officer shall identify with respect to
each agreement to purchase goods or services entered into by the Borough,
and prior to any payment made pursuant thereto, each and every ineligible
official with respect thereto, and shall with respect to each such
ineligible official specify the reason(s) the ineligible official
is precluded from any participation in connection with the agreement
to purchase goods or services.
Shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any County political organization or County campaign committee
or fund within the County of Monmouth; the term "directly or indirectly"
as used herein shall further mean and include any campaign contributions
made through intermediaries or third-parties for the purpose of concealing
the source of the contributions(s).
Except where described more narrowly in this section, shall
mean any governmental position which requires being elected by the
voters, without regard to whether the elected office is within or
without the Borough. A candidate for elected office shall mean a person
who has filed, or on whose behalf has been filed, a petition with
the Clerk of any County, for the purpose of appearing on the ballot,
whether in a primary, general, municipal or school board election,
for an elected office.
Shall mean any person who holds a position in the Borough
of Belmar which requires being elected by the voters of the Borough
of Belmar.
Shall mean any corporation, professional corporation, joint
venture, general or limited partnership, trust or limited liability
company, or subsidiary or parent of any of the foregoing.
Shall mean a list of ineligible vendors maintained by the
Chief Financial Officer of the Borough in accordance with the provisions
of this Chapter.
Shall mean any other person who works for or holds a position
with the Borough of Belmar other than an elected official.
Shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund maintained by or on behalf
of any holder of any elected office of the Borough who is a declared
candidate for an elected office other than an elected office of the
Borough; the term "directly or indirectly" as used herein shall further
mean and include any campaign contributions made through intermediaries
or third-parties for the purpose of concealing the source of the contribution(s).
Shall mean any contribution, whether in the form of money,
free service or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of any elected office of the Borough, or to any municipal or
party committee or political club or organization within the Borough,
that is received from the election fund or other campaign account
of any elected official or candidate for any office other than Mayor
or Council of the Borough, or from any local, County or State party
committee or campaign committee or political organization, or any
political action committee or fund of any kind, whether within or
without Belmar or Monmouth County.
Shall mean any individual person or entity who enters into
an agreement to purchase professional services, as defined herein.
In the case of any professional vendor who is an individual person,
the term shall also include the individual's spouse, if any, and any
child living at home, as well as any entity by whom any of them are
employed or in which any of them have an ownership interest in excess
of 5%. In the case of any professional vendor who is an entity, the
term shall also include each and every principal of the said entity
who has an ownership interest in excess of 5% in the entity, or any
parent or subsidiary of the entity, and their spouses, if any, and
any child living at home; and any employee of the professional vendor
who holds a professional license to provide professional services
of the kind to be furnished pursuant to the agreement to provide professional
services.
Shall mean the responsibilities and functions described in
the detailed procedure established under this Article.
Shall mean the Purchasing Agent or Qualified Purchasing Agent
or his or her representative in his or her function of administrator
of purchasing, or a person designated and authorized by the Borough
Administrator, subject to approval of the Borough Council, and shall
be referred to in the detailed procedure as the "buyer."
Shall mean any department head or any person authorized by
a department head to prepare a purchase requisition in accordance
with the procedure set forth in this Article and as implemented in
the detailed procedure.
Shall mean any individual person or entity who either negotiates,
bids or otherwise seeks to enter into an agreement to purchase goods
or services as defined herein. In the case of any vendor who is an
individual person, the term shall also include the individual's spouse,
if any, and any child living at home, as well as any entity by whom
any of them are employed or in which any of them have an ownership
interest in excess of 5%. In the case of any vendor who is an entity,
the term shall also include each and every principal of the said entity
who has an ownership interest in excess of 5% in the entity, or any
parent or subsidiary of the entity, and their spouses, if any, and
any child living at home.
Shall mean a certification in lieu of affidavit pursuant
to which each vendor and professional vendor shall list each and every
Belmar campaign contribution and each County campaign contribution
the vendor or professional vendor, as the case may be, has made during
the preceding three years.
Shall mean a certification in lieu of affidavit pursuant to which the Chief Financial Officer shall confirm with respect to each agreement to purchase goods or services and each agreement to purchase professional services entered into by the Borough, and prior to any payment made pursuant thereto, that he or she has obtained and reviewed the vendor's or professional vendor's certification of eligibility, and the ineligible vendor list, and has determined that the vendor or professional vendor is not in violation of the campaign contribution restrictions set forth in Section 9-6 herein, and is therefore eligible to enter into, and be paid pursuant to, an agreement to purchase goods or services or an agreement to purchase professional services.
[Ord. No. 1991-1 § 4-11;
amended 11-4-2020 by Ord. No. 2020-38]
b.Â
Each department shall follow the procedure and use such forms for
requisitioning and purchasing as the Purchasing Agent shall prescribe.
Upon request of the Purchasing Agent, each department head shall submit
a complete statement of the materials, supplies, equipment, work and
labor under contract which will be required by the department during
the ensuing year, half-year or quarter-year, as the Purchasing Agent
may determine according to the best estimate of the department head.
The statement shall be in writing and in such form and detail as the
Purchasing Agent may require.
[Ord. No. 1991-1 § 4-12;
amended 11-4-2020 by Ord. No. 2020-38]
The office of the Treasurer enters the purchasing function as
follows:
[Ord. No. 1991-1 § 4-13; Ord. No. 2014-01; Ord.
No. 2014-18; amended 11-4-2020 by Ord. No. 2020-38]
a.Â
All purchase estimates in excess of the minimum required for bidding
under state statute and regulations shall be publicly advertised,
when required by law, and, upon receipt of sealed bids by the Borough
Clerk, or his or her representative, the bids shall be opened by the
Borough Clerk, or his or her representative, in the presence of the
Purchasing Agent, or his or her representative, and any such other
person that may be designated by the Borough Clerk dependent upon
the nature of the item for which bids have been taken. A recording
of the bid taking, when conducted out of the presence of the Borough
Council, shall be submitted to the Council with recommendations of
award of contract, together with a summary in writing of all bids
received, setting forth the name and address of the bidder and the
amount of bid. Bid documentation preparation and public advertisement
for the receipt thereof shall be by the Purchasing Agent or his or
her designated representative.
b.Â
All bids, when required by law, will be received at the Municipal
Building on the date and time set forth in the notice of bid proposal.
[Ord. No. 1991-1 § 4-14;
amended 11-4-2020 by Ord. No. 2020-38]
The Borough Council, upon consideration and review of the procedure
and recommendations referred to hereinabove, shall award the contract
of purchase to the lowest responsible bidder pursuant to law, N.J.S.A.
40A:11-1 et seq.
[Ord. No. 1991-1 § 4-15;
amended 11-4-2020 by Ord. No. 2020-38]
The Mayor shall execute and sign all contracts awarded by the
Borough Council and authorized pursuant to law. The signature of the
Mayor shall be attested to by the Borough Clerk. In those instances
where the dollar amount of contract awarded is less than the minimum
required for bid under State statute and regulation, the Purchasing
Agent may, in the absence of the Mayor, execute and sign the contract
to be attested to by the Borough Clerk.
[Ord. No. 1991-1 § 4-16; Ord. No. 2012-13; amended 11-4-2020 by Ord. No. 2020-38]
a.Â
All purchases, whether they are for supplies, material, equipment,
labor or other contractual services for the Borough, shall be made
by the Purchasing Agent pursuant to a written requisition from the
department head. The appropriation for the department shall be charged
subsequent to certification by the office of the Borough Treasurer,
setting forth that a sufficient unencumbered balance of detailed appropriation
is available to pay therefor.
b.Â
The following guidelines apply to the obligation of the buyer to
purchase at reasonable and economical levels:
|
Aggregate Cost for Any One Item
|
Action Required
|
|---|---|
|
$0.01 to $1,000
|
No quote required
|
|
$1,001 to $2,625
|
Obtain verbal and record 3 quotations
|
|
$2,626 to bid threshold
|
Obtain 3 written quotations
|
|
Bid threshold and over
|
Follow statutory procedure for public bid, where applicable
and required
|
c.Â
Where no quote is required or where verbal quotes are acceptable,
the buyer shall establish a written record of purchasing experience.
d.Â
The Purchasing Agent shall set forth uniform standards for requisitions
and purchases. The Purchasing Agent, or his or her representative,
shall control the delivery of all supplies, materials, equipment and
other items purchased and shall make or cause to be made proper test
checks and inspections. The Purchasing Agent, or his or her representative,
shall ascertain whether the supplies, materials, equipment and other
items purchased comply with the specifications and shall cause laboratory
or other tests to be made whenever, in the opinion of the department
head, it is necessary to determine whether the materials or supplies
furnished are of the quality and standard required as part of the
procedures for requisition and purchase.
[Ord. No. 1991-1 § 4-17;
amended 11-4-2020 by Ord. No. 2020-38]
a.Â
Each department shall follow such procedures and use such forms for
purchasing as the Purchasing Agent shall prescribe. Upon request of
the Purchasing Agent, each department head shall submit a complete
statement of the materials, supplies, equipment, work and labor under
contract, which will be required by the department during the ensuing
year, half-year or quarter-year, as the Purchasing Agent may determine,
according to the best estimate of the department head. The statement
shall be in such form and detail as the Purchasing Agent may require.
b.Â
The Purchasing Agent shall establish a procedure for the purchase
of any item required for the immediate protection of the public health,
safety, morals or welfare of the Borough, which will permit emergency
purchases to be made for specific purposes.
c.Â
Except as the Purchasing Agent, or such other officer as he/she may
designate, may authorize in case of emergency, no purchase shall be
made and no bill, claim or voucher shall be approved unless the procedures
prescribed by this Article have been followed.
[Ord. No. 1991-1 § 4-18;
amended 11-4-2020 by Ord. No. 2020-38]
a.Â
Requisitions.
1.Â
A duplicate requisition shall be prepared any time a department head
believes that supplies, materials, repairs or services should be ordered.
Once completed, each requisition shall be forwarded to the Purchasing
Agent for further processing.
2.Â
The Purchasing Agent shall examine each requisition for completeness.
Incomplete requisitions or requisitions requiring clarification will
not be further processed until all needed data has been obtained.
3.Â
Each requisition shall be compared as to whether an order for a particular
item requested by a department has already been placed. If any requisition
reaching the Purchasing Agent appears in any way to be a duplicate
of a previous requisition which has been processed, the Purchasing
Agent shall note such fact on the duplicate and return the duplicate
to the submitting party. When a fully prepared, valid and certified
requisition is received by the Purchasing Agent, that requisition
shall serve as the basis for the preparation of a purchase order.
4.Â
The office of the Purchasing Agent shall compare each requisition
against all corresponding budget appropriation cards to determine
the availability of funds. When the purchase of an item would exceed
the balance in detailed appropriation, the Purchasing Agent shall
determine whether funds are available by examining the total line
item of appropriation. If funds are not available by either means,
the urgency of the particular request must be determined and justified.
If the determination is made and if such a justification is found,
the Purchasing Agent shall pursue all necessary steps for seeking
the needed funds. If there are insufficient funds and the item or
service requested is not an emergency, the Purchasing Agent shall
return one copy of the requisition, stating on it "insufficient funds
- not ordered."
5.Â
After a purchase order has been prepared and all necessary purchase
order data posted on the requisition set, the original requisition
shall be filed by the Purchasing Agent in an Active Vendors file for
that particular department. The "Active Vendors" file for each department
shall be an alphabetical filing of requisitions by the name of the
vendors utilized by that department. Original requisitions shall be
kept in the Active Vendors file for at least three fiscal years after
the fiscal year in which the requisition has been processed. After
this period of time, requisitions may be destroyed.
6.Â
The duplicate copy of each requisition shall be retained by the department
when returned by the Purchasing Agent with Copy No. 3 of the processed
purchase order. When Copy No. 3 of the processed purchase order and
the duplicate copy of the requisition are held in an open file until
items are received, the department's copy of the requisition shall
then be filed in a permanent vendors' file and Copy No. 3 returned
to the Purchasing Agent along with all shipping papers for processing.
b.Â
Purchase Orders.
1.Â
All purchase orders shall be prepared by the office of the Purchasing
Agent in a form approved by the Borough's Purchasing Agent or his
or her representative. All purchase orders exceeding the State maximum
in amount must be approved by the Borough Council by Resolution.
2.Â
The purchasing system described in this section shall be strictly
followed. All purchasing system documents shall be prepared only in
accordance with the detailed instructions found herein.
3.Â
Distribution of the five copies of each purchase order shall be as
follows:
(a)Â
Copy No. 1 shall be sent to the vendor as the original purchase
order.
(b)Â
Copy No. 2 is the receiving copy and shall be forwarded to the
head of the department which initiated the requisition. When the goods,
repairs or services described on the purchase order are received in
full, Copy No. 2 shall be signed by the receiver and returned, along
with any shipping papers, to the office of the Purchasing Agent.
(c)Â
Copy No. 3 shall be the encumbering document for the Chief Financial
Officer's Office. Copy No. 3 shall be filed by the Chief Financial
Officer in ascending numerical order on a yearly basis.
(d)Â
Copy No. 4 shall be placed in an Accounts Payable file until
the corresponding voucher has been received and until Copy No. 2 (receiving
report) has been received. If each purchase order has been completely
fulfilled when the voucher and the receipt of goods slip are received,
the Purchasing Agent shall simultaneously transmit the voucher and
the receipt of goods slip to the Chief Financial Officer's Office
for payment of the order and the Purchasing Agent shall retain Copy
No. 4 of the purchase order and file this copy in numerical order
alphabetically by department name.
c.Â
Receipt of Goods and Voucher Preparation.
1.Â
When items on a purchase order are received, they shall be examined
immediately by the requesting department to determine if the goods
or services are correct insofar as quantity, specification and condition
are concerned.
2.Â
If the shipment on a purchase order is complete and meets all the
criteria listed above, the individual or department responsible for
Copy No. 2 of the purchase order shall note on the bottom part of
Copy No. 2 the date and time of receipt of goods and manually sign
the copy. After such notation of signature, any supporting shipment
papers shall be attached to Copy No. 2 of the purchase order, and
this paper shall be forwarded to the Purchasing Agent. It should be
noted that any supporting papers must contain the applicable purchase
order number.
3.Â
When a shipment or order is incomplete or damaged, the individual
or department responsible for Copy No. 2 shall mark any shipping papers
with the appropriate purchase order number, and shall note on any
papers that the shipment is not complete. The individual or department
shall also indicate on or attach to any shipping papers the remaining
balance of items to be received later and shall forward any shipping
papers without Copy No. 2 to the office of the Purchasing Agent. If
any incomplete or damaged shipment is received without any shipping
papers, the individual or department responsible for Copy No. 2 shall
forward a separate written memorandum to the office of the Purchasing
Agent, setting forth the appropriate purchase order number and describing
the damaged or incomplete goods. Copy No. 2 of each purchase order
shall not be returned until the entire order or shipment is complete.
When the shipment is finally complete, the above-mentioned procedural
steps shall be followed.
4.Â
The Purchasing Agent, on receipt of any shipping papers and completed
purchasing orders, shall do the following:
(a)Â
All paperwork corresponding to a particular purchase order coming
into the office of the Purchasing Agent shall be placed into the Accounts
Payable open file, temporarily attached to Copy No. 4 of the purchase
order.
(b)Â
Once the properly signed voucher and all corresponding paperwork
for each purchase order have been received, the voucher and the corresponding
documents shall be forwarded to the Chief Financial Officer's Office
for payment. Copy No. 4 of each purchase order is not to be transmitted
from the Purchasing Agent to the Chief Financial Officer's Office.
(c)Â
Once the completed purchase order has been submitted by the
Purchasing Agent to the Chief Financial Officer's Office for payment,
Copy No. 4 of each purchase order shall be taken from the Accounts
Payable open file and filed in numerical order in a file corresponding
to the appropriate department.
(d)Â
It should be noted that Copy No. 4 of each purchase order will
never be removed from the open Accounts Payable file until each order
has been completed. When an order is completed, any notations concerning
partial or damaged shipments shall be made directly on Copy No. 4.
(e)Â
Under each purchase order, as soon as notice of a partial shipment
is received by the Purchasing Agent and payment for same has been
requested by the vendor, the Purchasing Agent shall send the vendor
another separate voucher marked with the appropriate purchase order
number for the billing of the remaining balance. When a partial shipment
has been received and a vendor requests payment for partial shipment,
the Purchasing Agent shall transmit the partial payment voucher under
each purchase order to the Chief Financial Officer's Office for payment,
indicating on the voucher a notation that it is for partial payment.
5.Â
Chief Financial Officer's Office.
(a)Â
Copy No. 3 shall be accumulated weekly and encumbered against
either the budget appropriation or the capital improvement appropriation
by the Chief Financial Officer's Office.
(b)Â
No voucher shall be paid if purchase order Copy No. 3 is not
attached thereto or a sufficient memo is not attached indicating the
reason why Copy No. 3 is not attached.
d.Â
Emergency Purchases. When a purchase of supplies or need of repair
requires immediate action and there is no time for a requisition,
the department head, immediately before or after placing the order,
shall notify the Purchasing Agent in order that he/she may check whether
sufficient funds are available and that a purchase order can be prepared.
e.Â
Special Purchase Orders.
1.Â
A payroll order shall be set up once yearly following the approval
of the salary ordinance or resolution. All checks drawn during the
year for payroll shall be charged against this order.
2.Â
For standard expenses, one purchase order for each type shall be
set up annually, based on the amount appropriated for such expense
in the detailed budget.
3.Â
For professional services, an order shall be set up for such predetermined
fee and additional orders when the authorization or resolutions are
passed for special work.
4.Â
Contracts, whether budgeting or capital, shall be set up by the purchase
order immediately following the issuing of the contract.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
Any other provision of law to the contrary notwithstanding,
the Borough shall not enter into:
a.Â
Any agreement to purchase goods or services, or make any payment pursuant to any such agreement with any vendor that has solicited or made any campaign contribution in excess of the limits specified in Section 9-6a1 of the Revised General Ordinances of the Borough of Belmar, during the three-year period immediately preceding the date of the contract or agreement, or during the term of any such agreement to purchase goods or services;
b.Â
Any agreement to purchase professional services, or make any payment pursuant to any such agreement with any professional vendor that has solicited or made any campaign contribution in excess of the limits specified in Section 9-6a2 of the Revised General Ordinances of the Borough of Belmar, during the three-year period immediately preceding the date of the contract or agreement, or during the term of any such agreement to purchase professional services.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
a.Â
Prior to issuing any purchase order or awarding to any vendor an agreement to purchase goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Borough's Chief Financial Officer shall require that the vendor first have submitted a vendor's certification of eligibility, in language to be approved by the Borough Attorney, in which the vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in Section 9-6a1 of the Revised General Ordinances of the Borough of Belmar, and that it has not otherwise violated subsection 4-19.2a hereof.
b.Â
Prior to issuing any purchase order or awarding to any professional vendor an agreement to purchase professional services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Borough's Chief Financial Officer shall require that the professional vendor first have submitted a vendor's certification of eligibility, in language to be approved by the Borough Attorney, in which the professional vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in Section 9-6a2 of the Revised General Ordinances of the Borough of Belmar, and that it has not otherwise violated subsection 4-19.2b hereof.
c.Â
The certifications required by paragraphs a and b above shall be
in addition to any other certification that may be required by any
other provision of law. The Chief Financial Officer shall keep the
original of each such certification of vendor eligibility on file.
Notwithstanding anything contained herein to the contrary, the vendor
and professional vendor shall have a continuing duty to report immediately
to the Borough's Chief Financial Officer any campaign contributions
made in violation of this section that occur during any time that
an agreement to purchase goods or services or agreement to purchase
professional services is in effect, or that occur during the pendency
of any negotiations or bidding by the vendor or professional vendor
to enter into such an agreement.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
In addition to such other penalties as may be provided by law,
any vendor or professional vendor who, after reasonable notice of
the consequences thereof, refuses or otherwise fails to provide the
certification required herein, or who knowingly files a false vendor's
certification of eligibility, shall be designated by the Chief Financial
Officer as an ineligible vendor, and shall be promptly included on
the ineligible vendor list maintained pursuant to subsection 4-19.7
hereof and shall thereafter be prohibited from entering into any agreement
to purchase goods and services or agreement to purchase professional
services, as the case may be, with the Borough, and from receiving
any payment pursuant to such an agreement, until such time as the
Mayor and Council adopt a resolution determining that the vendor is
eligible or otherwise should be paid for services rendered or goods
sold to the Borough. Any vendor or professional vendor may appeal
to the Mayor and Council from a determination by the Chief Financial
Officer that it is an ineligible vendor.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
Neither the Borough of Belmar, nor any official thereof, shall:
a.Â
Enter into any agreement to purchase goods or services, or approve
or execute any change order with respect thereto, or make or authorize
any payment pursuant thereto, unless and until the Chief Financial
Officer has executed a verification of vendor eligibility with respect
to that vendor, which verification of vendor eligibility shall be
appended to or otherwise incorporated into the said agreement to purchase
goods or services, and each purchase order and voucher relating thereto;
or
b.Â
Enter into any agreement to purchase professional services, or approve
or execute any change order with respect thereto, or make or authorize
any payment pursuant thereto, unless and until the Chief Financial
Officer has executed a verification of vendor eligibility with respect
to that professional vendor, which verification of vendor eligibility
shall be appended to or otherwise incorporated into the said agreement
to purchase professional services, and each purchase order and voucher
relating thereto.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
No resolution authorizing the execution of an agreement to purchase
goods or services or an agreement to purchase professional services,
or awarding of any bid or approving any change order relating thereto,
or authorizing payment of any bill pursuant thereto, shall be introduced
or adopted by the Mayor and Council unless it contains a verification
of vendor eligibility executed by the Chief Financial Officer, or
his or her designee. The Borough Clerk shall, prior to the introduction
of any such resolution, first read a statement for the record advising
the Mayor and Council and the public that Chief Financial Officer
of the Borough has certified that the vendor(s) or professional vendors(s)
that are the subject of the resolution are eligible vendors within
the meaning of this section.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
The Borough's Chief Financial Officer shall prepare and at all times maintain a list of vendors and professional vendors who are, by virtue of the provisions of this section, ineligible to enter into an agreement to purchase goods or services or an agreement to purchase professional services with the Borough. The Chief Financial Officer shall prepare this list based upon information obtained from the campaign reports required to be filed with the Election Law Enforcement Commission by or on behalf of candidates for the office of Mayor and Council, the supplemental campaign certifications to be submitted by the candidates for elected office, pursuant to Section 9-8 and information provided by vendors and professional vendors as required herein. The Chief Financial Officer shall update the list of ineligible vendors within five business days of the receipt of any certifications or information as required in this section, or of any reports or supplemental reports of Belmar campaign contributions, other elected office campaign contributions or pass-through contributions required to be filed pursuant to Section 9-8.
[Ord. No. 2004-14 § 1; Ord. No. 2005-19 § II; amended 11-4-2020 by Ord. No. 2020-38]
Notwithstanding any term contained herein to the contrary, no vendor or professional vendor shall be required to report campaign contributions made prior to January 1, 2004. For the purpose of determining a vendor's eligibility pursuant to this section, the Chief Financial Officer shall not consider campaign contributions made prior to that date, and shall not consider other elected office campaign contributions made by vendors or professional vendors prior to January 1, 2005. Notwithstanding anything contained herein to the contrary, no vendor or professional vendor shall be determined to be an ineligible vendor provided that the campaign contributions they made during 2004 did not exceed the limits set forth in Ordinance No. 2004-14, and that the contributions they have made in 2005 and thereafter do not exceed the limits set forth in Section 9-6a, 1-3.
