[Adopted 11-14-1991 by Ord. No. 25-91]
As used in this article, the following words
shall have the following meanings:
An agreement whereby two or more municipalities agree to
jointly purchase work, materials or supplies for use by each.
The system created by the Joint Purchasing Agreement.
One participating contracting unit which performs the complete
purchasing responsibilities for the other participating contracting
units.
A municipality which enters into a joint purchasing agreement
with a lead agency.
A joint purchasing program is hereby authorized
pursuant to N.J.S.A. 40A:11-10 et seq. between the Borough of Rockaway
and other participating contracting units as may be provided by law.
Upon entering into a joint purchasing agreement,
the participating contracting units shall designate one party of the
program to serve as the lead agency. Said position may, if provided
for in the agreement, rotate among participating contracting units
on a yearly basis. The Mayor and Council of the Borough of Rockaway
agree to serve as a lead agency if necessary or desirable.
The lead agency for a proposed joint purchasing
system shall formally apply to the Director, Division of Local Government
Services, for registration and approval of the system on behalf of
all participating contracting units.
Materials and items to be purchased shall include
but not be limited to materials and supplies for maintenance, construction,
repair, cleaning and snow removal of roads, associated drainage structures
and other structures; materials and supplies for maintenance, repair,
operation and fueling of vehicles; materials and supplies for the
maintenance, preservation and repair of public buildings and structures;
and such other materials as may be provided by law.
At the beginning of participation in a joint
purchasing program, the lead agency shall publish a legal notice in
such format as required by the Division of Local Government Services
in the official newspaper used for the purpose of publishing legal
notices in the area of the lead agency.
A single advertisement for bids for the materials
to be purchased shall be placed on behalf of all the participants
agreeing to purchase any item by the lead agency. Prior to advertising,
the lead agency shall determine the exact quantity of all items desired
by all participating contracting units.
The lead agency shall receive the bids on behalf
of all the participants. Following the receipt of bids, the lead agency
shall, after review of the bids with the other participants, make
one award to the lowest responsible bidder for each separate item
on behalf of all the participating agencies.
A.
Prior to making the award, the lead agency shall have
available an unexpended appropriation balance sufficient to cover
the full cost of the contract. The lead agency shall comply with the
certification of funds requirement of N.J.A.C. 5:30-14.5.
B.
Each participating contracting unit (other than the
lead agency) shall, in accordance with N.J.A.C. 5:30-14.5, issue a
certificate of available funds for its full share of the contract
proposed to be awarded, together with a purchasing order.
The bid sureties shall be posted to and retained
by the lead agency until authorized to release the same by all interested
participants.
After the award of bids, the lead agency shall
order materials when needed in the quantities required. Successful
bidders shall bill the lead agency. The lead agency shall not advance
funds of its own to cover purchases on behalf of the other participating
contracting units but shall make payments only upon receipt of the
cash from the other participating contracting units.
