[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.
[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.
[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, 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.
(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.