City of Newark, NJ Article 4 Division of Central Purchasing [1]

[1] Editor's Note: In the 1986 Reorganization of City Government, the Division of Central Purchases was renamed to "Division of Central Purchasing" (Ord. 6 S+FB (S-1), 7-16-1986).

§ 2:5-12 DIVISION CREATED; HEAD.

[R.O. 1966 § 2:5-10]

There shall be, within the Department of Administration, a Division of Central Purchasing, the head of which shall be the City Purchasing Agent.

§ 2:5-13 CITY PURCHASING AGENT.

§ 2:5-13.1 Qualifications; Compensation.

[R.O. 1966 § 2:5-11[a]]

The City Purchasing Agent shall, prior to his/her appointment, have been qualified by training and at least five years experience in commercial or governmental purchasing. His/her compensation shall be such sum as shall be fixed by Mayor's Executive Order.

§ 2:5-13.2 Powers and Duties.

[R.O. 1966 and 1966 C.S. § 2:5-11; Ord. 6 S+FF, 7-10-1985 § 1; Ord. 6 S+FB(S-1), 7-16-1986; Ord. 6 S+FH, 10-7-1987 § 1; Ord. 6 S+FJ, 11-13-1989 § 1; Ord. 6 S+FM, 8-7-1991 § 1; Ord. 6 S+FH, 9-1-1993 § 1; Ord. 6 S+FZ, 7-12-1995; Ord. 6 S+FP, 8-6-1997; Ord. 6 S+FA, 12-1-1997; Ord. 6 S+FD, 6-7-2000 § 1; Ord. 6 S+FB, 3-21-2001 § 1; Ord. 6 S+FD, 8-1-2001 § 1; Ord. 6 S+FE, 10-5-2005 § 1; Ord. 6 PSF-E, 4-6-2011; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-B, 8-8-2018; amended 8-5-2020 by Ord. No. 6PSF-F, 08-05-2020]

The City Purchasing Agent, under the direction and supervision of Business Administrator, shall:

a. Prepare the advertisements, to advertise and receive bids for the purchase of all goods, materials, supplies and property, except real property or any interest therein, required by any department, office or agency of the City Government.

1. Accept any bequests, legacies, and gifts on behalf of the City of Newark, in the manner set forth in the condition of the bequest, legacy or gift which is not inconsistent with the laws of the United States and New Jersey. Prior to the acquisition, receipt, or delivery of any bequest, legacy, or gift, the Purchasing Agent shall present a resolution for consideration by the Governing Body authorizing the acceptance of the bequest, legacy or gift for use by the City of Newark.

b.

1. Have the power to make awards for all purchases, contracts and agreements for goods and services. In the case of such purchases, contracts and agreements awarded pursuant to this power not in excess of $44,000, the Purchasing Agent shall report such awards to the Municipal Council in the form of a monthly report indicating the date of the awards, the name of the contractor, the amount of the award, the term of the contract, and a brief description of the goods, materials, supplies and/or equipment to be furnished.

2. Except for the case of services involving travel and conferences, have the power to make awards for all purchases, contracts and agreements for the provision of services not in excess of $44,000.

3. Have the power to make awards for all purchases, contracts and agreements for the provision of services involving travel and conferences in all cases where the total cost of the individual trip does not exceed $2,500 in the aggregate for one individual.

4. When awarding a contract pursuant to N.J.S.A. 40A:11-6.1 under the Local Public Contracts Law, the Purchasing Agent shall review the following factors for determining the lowest responsible bidder.

(a) Whether or not any of the bids received for goods and services are from businesses and entities which should be paying payroll taxes to the City of Newark as authorized by statute (N.J.S.A. 40:48c-14) and certified by the Division of Tax Abatements/Special Taxes. If it is determined that an entity should be paying employer payroll taxes to the City but is delinquent in its payments, then the Purchasing Agent shall deem the entity to be an "irresponsible" bidder due to its noncompliance with the Employer Payroll Tax Ordinance and shall reject the bid on this basis.

(b) Obtain a certification from the Division of Tax Abatement/Special Taxes that the business/entity is registered with the City and is current on the payment of all of its employer payroll taxes.

(c) When calculating the prices to determine the lowest responsible bidder, the Purchasing Agent shall reduce the bid of the employer payroll tax paying entity whose tax payments are current with the City of Newark, by 1% point to offset the 1% employer payroll tax which the entity is currently paying as a cost of doing business within the City of Newark. If it is determined that any entity submitting a bid for the provision of goods and services to the City should be registered as an employer payroll tax paying entity but is not registered as such, that entity shall not be eligible for the 1% reduction of its bid amount.

(d) Upon factoring in the discounted bid price of the employer payroll tax paying entity, the Purchasing Agent shall then calculate the bids and prices of all bidders to determine the lowest responsible bidder.

c. Notwithstanding that the cost or contract price will exceed $44,000 and subject to rules and regulations as may from time to time be promulgated by the Municipal Council:

1. Have the power to purchase goods, services or property, except real property or any interest therein, without having public advertising for bids and bidding therefor, when a sudden and unforeseeable emergency affecting the public health, safety or welfare requires the immediate delivery of the goods or the performance of services before the next scheduled meeting of the Municipal Council and action by the Municipal Council is not practicable.

2. Have the power to purchase goods, services or property, except real property or any interest therein, not to exceed, in the aggregate, $6,600 for any one emergency without public advertising for bids and bidding therefor when an emergency, other than described in paragraph c.1, affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services before the next scheduled meeting of the Municipal Council and action by the Municipal Council is not practicable.

3. The Purchasing Agent may award contracts not to exceed $6,600 in aggregate, without soliciting competitive quotations.

d.

1. Provide written monthly reports to the Municipal Council for the purchases, contracts, and agreements under paragraph b above, which reports shall include (i) the department, office or agency which requested the purchase, (ii) the name of the vendor furnishing the goods or services, (iii) the dollar amount of the purchase, contract or agreement, and (iv) a copy of the certification of the Municipal Comptroller.

2. Provide immediate reports to the Municipal Council for all purchases, contracts, and agreements under paragraph c above, which report shall include all information required to be furnished in paragraph d, 1 above; and, in addition (a) a copy of the written requisitions, describing the nature of the emergency, (b) the time of its occurrence, (c) the need for invoking the provisions of paragraph c., all of which shall be certified by the officer or director in charge of the department, office or agency wherein the emergency occurred, and (d) a statement of the Purchasing Agent that he/she is satisfied that an emergency occurred, and (e) a statement of the Purchasing Agent that he/she is satisfied that an emergency existed.

e. All purchases made and contracts awarded for any supplies, materials or equipment or contractual services shall be pursuant to a written requisition from the head of the department, office or agency whose appropriation will be charged, and the certification of the Comptroller that a sufficient unencumbered balance of appropriation is available to pay therefor. All such contracts shall conform with the provisions relating to City contracts generally as set forth in Section 2:4-11; 2:4-12 and Sections 2:4-14 through 2:4-17.

1.

(a) The Purchasing Agent shall provide immediate notice to the Municipal Council through writing of any request for an Emergency Contract.

(b) Emergency Contracts shall not be for a period in excess of 90 days.

(c) No extensions of Emergency Contracts shall be permitted without authorization by the Municipal Council by a resolution.

(d) The Purchasing Agent shall provide the Municipal Council through the City Clerk with the Award of Emergency Contract as soon as the same has been executed.

(e) The Purchasing Agent shall be required to post the Emergency Contract on the City's Web Site within 48 hours.

f. All contracts awarded by the City for the performance of services shall include the name of the department, division, office or using agency which requested the services and the name and title of the head of the aforementioned department, division, office or using agency who shall be required to monitor the performance of the contractor on a close and continuous basis and also provide the Municipal Council, the Business Administrator and the City Purchasing Agent with appropriate monthly reports during the term of the contract indicating the quality of work being performed by the contractor in conformance with contract specifications.

g.

1. Establish and enforce specifications with respect to such services, supplies, materials and equipment.

2. Inspect or supervise the inspection of all deliveries of supplies, materials and equipment and determine their quality, quantity and conformance with specifications.

3. Have charge of any and all central storerooms and warehouses which may be established.

4. Transfer to or between departments, offices and agencies and from or to central stores, such supplies, material and equipment as need appears, and arrange for the sale of surplus or obsolete items thereof, subject to the provisions of Section 2:2-3.

5. Attend to and conduct through his/her offices the sale at auction of the following items of personal property and as herein provided:

(a) Upon the direction of the Division of Police, such goods, chattels, automobiles or other property coming into the possession of the Division of Police, under and by virtue of the provisions of N.J.S. 40:47-20; and

(b) Such goods, chattels and other property coming into the possession of the City Clerk from any institution, department or agency of the City; and

(c) Abandoned automobiles:

(1) The Purchasing Agent shall process the sale of abandoned automobiles,[1] through the State Motor Vehicle Commission by requesting a form for a motor vehicle junk title certificate. Such forms shall be furnished by the Division of Police.

[1] Editor's Note: The sale of abandoned automobiles is governed by the provisions of N.J.S. 39:10A-1 et seq.

(2) The sum of $1, which is the cost of the aforesaid certificate, shall be added to the auction price bid.

(3) The purchaser at the sale shall remove all license plates from the automobile and deliver same to the Purchasing Agent who, in turn, shall forward the plates to the State Motor Vehicle Commission.

(4) It is hereby made a condition of redemption by the owner that he/she obtain and deliver to the Purchasing Agent a certification by the Violations Clerk of the Municipal Court that there are no outstanding traffic violations involving the automobile.

(5) The cost of $1 of the motor vehicle junk certificate shall be added to the charges to be paid by the owner upon redemption before sale.

(6) All moneys shall be paid to and received by the Division of Central Purchasing and shall be deposited with the City Treasurer.

h. (Reserved)[2]

[2] Editor's Note: Former paragraph h was deleted as language was duplicated in subsection 2:5-13.2c,3.

§ 2:5-14 through 2:5-15. (RESERVED) [1]

[1] Editor's Note: Division of Taxicabs (R.O. 1966 C.S. § 2:5-14) repealed by 6 S+FB (S-1), 7-16-1986, reestablished under Police Department. See now the Division of Police under the Department of Public Safety.