[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 3-28-78 as Ord. No. 78-8. Ordinance No. 2011-18 assigned
and transferred to the Finance Department all officers and employees
previously assigned to the Department of Purchasing. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Purchasing
Ordinance of the Town of Secaucus."
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
All telephone, gas, water, electric light and power service,
repair or maintenance of equipment, machinery and other town-owned
personal property. The term shall not include professional services,
which are by their nature unique and not subject to competition.
The Mayor and Council of the Town of Secaucus.
The Town Purchasing Agent of the Town of Secaucus.
All supplies, materials and equipment.
The Town of Secaucus.
Any department, agency, commission, bureau or other unit
in the town 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 town, the Purchasing Department and, in said Department,
the office of the Town Purchasing Agent.
[1]
Editor's Note: Ordinance No. 2011-18, adopted July 26,
2011 assigned and transferred to the Department of Finance all officers
and employees previously assigned to the Department of Purchasing.
The Purchasing Agent shall be appointed by the Mayor and Council
for a term of one year, to commence on the first day of January.
The Town Purchasing Agent shall have general supervision of
the Purchasing Department and shall perform such additional duties
pertinent thereto as may be assigned by the Mayor and Council or Municipal
Administrator.
A.
The Town Purchasing Agent shall have the powers and the duties prescribed
by this chapter. In the absence of the Purchasing Agent, the Municipal
Administrator shall be the Town Purchasing Agent, having the powers
and duties prescribed in this chapter.
B.
The Agent shall have the power and it shall be his duty to purchase
or contract for all supplies and contractual services needed by any
using agency of the town, in accordance with the purchasing procedure
as prescribed by this chapter, the Local Public Contracts Law, Chapter
198 of the Laws of 1971, and such rules and regulations as the Agent
shall adopt for the internal management and operation of the Purchasing
Department.
(1)
The authority of the Agent, at this time, shall not include construction
of buildings, street improvements, parks and other related projects.
(2)
Except as herein provided, it shall be unlawful for any town officer,
officers or employees to 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 Town Purchasing
Agent and the town shall not be bound thereby.
(3)
The Agent shall not have the authority to enter into any contract
for a price in excess of $4,500.
[Amended 3-8-83 by Ord. No. 83-12]
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 town the highest quality in supplies and contractual
services at the least expense to the town.
(2)
Utilize practices to obtain full and open competition insofar as
possible on all purchases and sales.
(3)
Establish and amend, when necessary, all rules and regulations authorized
by this chapter and any others necessary for its operation. Rules
and regulations shall not be established or amended without the approval
of the governing body.
(4)
Keep informed of the current developments in the field of purchasing,
prices, market conditions and new products and secure for the town
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trades,
businesses and organizations.
(5)
Prescribe and maintain such forms as he shall find reasonably necessary
for the operation of this chapter.
(6)
Prepare, adopt and maintain a vendors' catalog file. Said catalogs
shall be filed according to materials and shall contain descriptions
of vendors' commodities.
(7)
Explore the possibilities of buying in bulk so as to take full advantage
of discounts.
(8)
Act so as to procure for the town all tax exemptions to which it
is entitled.
(9)
Have the authority to declare vendors who default on their quotations
to be irresponsible bidders and disqualify them from receiving any
business from the municipality for a stated period of time as recommended
by the Purchasing Agent and approved by the Mayor and Council.
(10)
Prepare and adopt a standard purchasing nomenclature for using agencies
and suppliers.
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.
The Agent and every other officer and employee of the town are
expressly prohibited from accepting, directly or indirectly, from
any person, company, firm or corporation to which any purchase or
contract order is or might be awarded, any rebate, gift, money or
anything of value whatsoever, except where given for the use and benefit
of the town.
[Amended 8-23-94 by Ord. No. 94-25]
The Town of Secaucus shall comply with all provisions of the
New Jersey Local Public Contracts Law (N.J.S.A. 4A:11-1 et seq.) and
all amendments thereto, for the purchase or acquisition of all goods,
supplies, and contractual services, and comply with all other requirements
therein.
[Amended 3-8-83 by Ord. No. 83-12; repealed 8-23-94 by Ord. No. 94-25]
[1]
Editor's Note: Former Section 29-9, Purchases by formal
written contract, previously codified herein was repealed in its entirety
by Ord. No. 94-25.
[Amended 3-8-83 by Ord. No. 83-12; repealed 8-23-94 by Ord. No. 94-25]
[1]
Editor's Note: Former Section 29-10, Open market purchases,
previously codified herein was repealed in its entirety by Ord. No.
94-25.
A.
Emergency purchases shall be made by the Agent as follows:
(1)
In case of an apparent emergency which requires the immediate purchase
of supplies or contractual services, the Agent shall secure the same
by open market procedure as herein set forth at the lowest obtainable
price.
(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.
Emergency purchases shall be made by the department head as follows:
(1)
In case of an actual emergency and with the consent of the Agent,
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 and which may vitally affect the life, health or
convenience of citizens.
(2)
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 as provided in § 29-11A(2) above.
(3)
The Agent shall prescribe by rules and regulations the procedure
under which emergency purchases by heads of using agencies may be
made. Any such rules and regulations shall conform to the provisions
of the Local Public Contracts Law.
[Amended 8-23-94 by Ord. No. 94-25]
A.
The head of the department or 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.
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. The Agent shall have the authority to transfer surplus stock
to other departments or using agencies.
C.
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, where the estimated fair value of the
property to be sold or otherwise disposed of does not exceed the bidding
threshold as promulgated by the State of New Jersey.
[Amended 3-8-83 by Ord. No. 83-12; 8-23-94 by Ord. No. 94-25]
D.
Sales under this section shall be made to the highest responsible
bidder. A record of each sale shall be made and placed on file.
