There shall be a Department of Administration,
the head of which shall be the Business Administrator. Prior to his
appointment, the Business Administrator shall be qualified as provided
by law. The Business Administrator shall receive an annual salary
as established by ordinance, to be paid as all other salaries are
paid.
[Added 1-26-1988 by Ord. No. 88-002]
Within the Department of Administration, there
shall be a Deputy Business Administrator to assist in the administration
of the Department of Administration and perform such duties as the
Business Administrator may direct and prescribe and who, during the
absence or disability of the Business Administrator, shall possess
all of the powers and perform all of the duties of the Business Administrator.
The Department of Administration shall consist
of the following Divisions:
A.
Within the Department of Administration, there shall
be a Budget Formulation Division, the head of which shall be known
as the "Budget Officer."
[Amended 12-19-1995 by Ord. No. 95-068]
B.
The positions within the Budget Formulation Division
shall be as set forth in Appendix A, Active Titles in Local Government,
included at the end of this chapter.
[Added 11-26-1991 by Ord. No. 91-056; amended 12-19-1995 by Ord. No. 95-068]
C.
The Budget Formulation Division shall assemble for
the Mayor for his review all necessary budgetary information and which
shall assist the Mayor in the preparation of budget estimates, schedules,
analyses and exhibits. The procedures, form and administration of
the budget shall comply with the requirements of law and of the ordinances
of the City.
A.
Budget requests. Pursuant to the charter, during the
month of May in each year, all department heads shall submit to the
Business Administrator and the Budget Officer requests for appropriations
for the next ensuing budget year. Budget requests shall be in such
form and detail as the Administrator shall prescribe. Each department
head shall appear at a public hearing, pursuant to the charter, on
his budget requests and shall then justify the request in terms of
work to be performed, service to be rendered or programs to be administered.
[Amended 12-19-1995 by Ord. No. 95-068]
B.
Submission of budget to Council. On or before the
15th day of July in each year, the Mayor shall submit to the Council
his recommended budget, together with such explanatory comment or
statement as he may deem desirable. The budget shall be in such form
as is required by law for municipal budgets. It shall, in addition,
include a current operating section and a capital section, together
with detailed analyses of the various items of expenditures and revenues
and, to the extent feasible, appropriate statements of the cost of
performance of functional programs and activities in terms of quantitative,
countable units of work for operating expenditures and projected annual
costs of operation, maintenance and debt service for capital expenditures.[1]
C.
Capital projects. In the capital section of the budget
document, the Mayor shall include such capital projects and outlays
as he may select from the capital program, together with the relevant
explanation and justification.
A.
[1]Preparation. Each department head, the officer in charge
of other municipal agencies and the Planning Board shall prepare and
submit to the Business Administrator and the Budget Officer descriptions
of its immediate and contemplated capital projects for the ensuing
year and during the next five fiscal years. Capital projects requests
shall be prepared on forms prescribed by the Budget Officer or as
otherwise required by state law or regulation and shall contain preliminary
cost estimates and proposed methods of financing. From the information
submitted, the Business Administrator and Budget Officer, in consultation
with each requesting department, shall prepare and submit to the Mayor
a tentative capital budget and a tentative capital program in such
form and contents as may be required pursuant to law and which, without
limitation thereto, shall include:
(1)
A clear summary of its contents.
(2)
A list of all capital improvements which are proposed
to be undertaken during the six fiscal years next ensuing with appropriate
supporting information as to the necessity for such improvements and
their relative priorities.
(3)
Cost estimates, method of financing and recommended
time schedules for each such improvement.
(4)
The estimated annual cost of operating and maintaining
the facilities to be constructed or acquired.
(5)
The estimated effect of the proposed capital program
for each year on the tax rate, debt margin, borrowing capacity and
general financial structure of the City.
B.
Adoption. Upon receipt of the tentative capital budget
and program from the Business Administrator, the Mayor shall review
it and prepare a final version of the capital budget for submission
to the Council in accordance with law. The Council shall then prepare
a final version of the capital budget, hold a public hearing thereon
and adopt it as provided by law.
C.
Annual revisions. The capital program shall be reviewed,
revised and extended on an annual basis to assure that the capital
program will remain consistent with changing demands, changing patterns
of cost and changing financial resources. In aid of such review, progress
and performance reports shall be prepared annually by the individual
departments for each project authorized in the past budget period
to aid in bringing the program up to date. A final accounting shall
be provided for projects completed, and progress reports shall be
submitted for projects that will take a number of years to complete.
A.
Budget appropriations shall be controlled by an encumbrance
system which shall be prescribed or approved by the Business Administrator.
Upon the approval of the Mayor, the Business Administrator shall establish
quarterly or such other periodic allotments of appropriations as he
may deem desirable.
B.
Each department shall plan and administer its work
program within the limits of such allotments, and no commitments shall
be incurred in excess of such allotments except upon written authorization
of the Mayor.
A.
Within the Department of Administration, there shall
be a Personnel Administration Division, the head of which shall be
known as the "Personnel Director."
B.
The Personnel Administration Division shall prepare,
install and maintain a complete system of personnel administration
as prescribed by the Business Administrator with the approval of the
Mayor. Such system shall include, without limitation thereto, a job
classification and pay plan, uniform rules for the administration
of employee benefit programs, a personnel file for each employee,
including his initial application, all civil service and other administrative
actions relating to the individual, and a record of an annual performance
evaluation and rating, all of which shall comprise a permanent record
which shall at no time be removed from the Department offices.
C.
The Division shall supervise all manpower training,
development and personnel-related programs operated and/or funded
through or by the City and shall be responsible for the formulation
and implementation of affirmative action programs for the City.
D.
The Division shall install, operate and maintain a
central payroll system and all social security, pension and insurance
records for personnel of all departments. All records as to earnings
shall be accumulated, and payment shall be authorized only on an actual
time earned basis. No payment shall be authorized by the Division
until such time as it has been earned by employees.
E.
The positions within the Personnel Administration
Division shall be as set forth in Appendix A, Active Titles in Local
Government, included at the end of this chapter.
[Added 6-9-1993 by Ord. No. 93-016;
amended 12-19-1995 by Ord. No. 95-068]
[Added 12-15-2015 by Ord.
No. 15-090[1]]
For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
The Mayor, Business Administrator or other officer vested
with the executive powers of the City of Paterson.
The City of Paterson.
The Council of the City of Paterson.
The Purchasing Agent of the City of Paterson.
Include all supplies, materials and equipment.
Any department, agency, commission, bureau or other unit
in the City government using supplies or procuring contractual services
as provided for in this chapter.
[Amended 3-27-1990 by Ord. No. 90-007; 6-9-1993 by Ord. No. 93-016; 12-19-1995 by Ord. No. 95-068; 12-20-2005 by Ord. No. 05-084; 7-14-2009 by Ord. No. 09-020; 12-15-2015 by Ord. No. 15-090]
A.
Within the Department of Administration, there shall be a Purchasing
Division, the head of which shall, subject to the direction and supervision
of the Business Administrator, administer the public purchasing provisions
of the Charter and ordinances. The title of the position shall be
the "City Purchasing Agent." The Purchasing Agent shall report to
the Director at least monthly on the number, distribution and purchase
price of all purchases made by or for the City during the next preceding
month. Whenever practicable and advantageous, the Purchasing Agent
shall employ the facilities of county and state purchase contracts
available to municipalities. It shall be the responsibility of the
City Purchasing Agent, when feasible, to store and distribute all
personal property to be procured with the funds from the City Treasury
for the purpose of exercising its procurement functions efficiently
and economically. The division shall classify all items of personal
property subject to procurement by it; adopt as standards the minimum
number of quantities, sizes and types of such items consistent with
efficient operation; and prepare, promulgate and enforce written specifications
for all such standard items. Whenever the Division procures any item
that is to be paid for out of any appropriation made to another department,
board or commission, purchase orders which do not exceed $17,500 or
for which a formal contract is not required by the Charter may be
authorized by the Business Administrator or the head of the Purchasing
Division within the limits of available appropriations.
(1)
Position specifications. The Purchasing Agent shall:
(a)
Experience requirement. Have had, prior to his appointment,
at least five years' experience in a purchasing office of a public
or private corporation in an executive capacity.
(2)
Scope of purchasing authority. The Purchasing Agent shall have the
power and it shall be his duty:
(a)
Purchase or contract. To purchase or contract for all supplies
and contractual services needed by any using agency which derives
its support wholly or in part from the City, in accordance with purchasing
procedures as prescribed by this chapter and such rules and regulations
as the Purchasing Agent shall adopt for the internal management and
operation of the Purchasing Division and such other rules and regulations
as shall be prescribed by the Business Administrator and the City
Council.
[1]
Exceptions prohibited. The authority of the Purchasing Agent
to negotiate all purchases for all using agencies shall not be abridged
by excepting any particular using agency.
[2]
Unauthorized purchases. Except as herein provided, it shall
be unlawful for any City officer or officers to order the purchase
of any supplies or make any contract within the purview of this chapter
other than through Purchasing Division, and any purchase ordered or
contract made contrary to the provisions hereof shall not be approved
by the City officials, and the City shall not be bound thereby.
(3)
Other powers and duties. In addition to the purchasing authority conferred in Subsection A(2) above and in addition to any other powers and duties conferred by this chapter, the Purchasing Agent shall:
(a)
Minimum expenditure. Act to procure for the City the highest
quality in supplies and contractual services at least expense to the
City.
(b)
Encourage competition. Discourage uniform bidding and endeavor
to obtain as full and open competition as possible on all purchases
and sales.
(c)
Rules and regulations. Establish, and amend when necessary,
all rules and regulations authorized by this chapter and any others
necessary to its operation.
(d)
Purchasing analysis. Keep informed of current developments in
the field of purchasing, prices, market conditions and new products,
and secure for the City the benefits of research done in the field
of purchasing by other governmental jurisdictions, national technical
societies, trade associations having national recognition, and by
private businesses and organizations.
(e)
Forms. Prescribe and maintain such form as he shall find reasonably
necessary to the operation of this chapter.
(f)
Standard nomenclature. Prepare and adopt a standard purchasing
nomenclature for using agencies and supplies.
(g)
Vendors' catalog file. Prepare, adopt and maintain a vendors'
catalog file. Said catalog shall be filed according to materials and
shall contain descriptions of vendors' commodities, prices, and discounts.
(h)
Bulk purchases. Exploit the possibilities of buying in bulk
so as to take full advantage of discounts.
(i)
Federal tax exemptions. Act so as to procure for the City all
federal tax exemptions to which it is entitled.
(j)
Cooperation with Department of Finance. Cooperate with the Department
of Finance so as to secure for the City the maximum efficiency in
budgeting and accounting.
B.
All purchases of any supplies, materials or equipment or contractual
services for a department shall be made by the Purchasing Agent pursuant
to a written requisition from the director of the department whose
appropriation will be charged, and the certification of the Director
of Accounts and Control that a sufficient unencumbered balance of
appropriation is available to pay therefore. All purchasing shall
comply with the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.)
and any amendments or supplements thereto.
C.
The director of each department shall designate by writing, filed
with the Business Administrator, the name or names of employees in
the department authorized to receive supplies, materials and equipment.
A person so designated shall accept deliveries and sign for them only
where the goods are in exact conformity with the order. Should there
be any doubt as to quantity or quality, the receiving employee shall
immediately notify the department director for appropriate action.
If any supplies, materials or equipment are rejected, the department
director shall immediately notify the Business Administrator.
D.
Except as the Business Administrator may authorize in cases of emergency,
no purchase shall be made and no bill, claim or voucher shall be approved
unless the procedures prescribed by or pursuant to the code have been
followed.
E.
The position within the Purchasing Division, Department of Administration,
shall be as set forth in Appendix A, Active Titles in Local Government,
included at the end of this chapter.
A.
Where the Business Administrator determines that an emergency exists
within the meaning of applicable statutes, the purchase of any item
may be made without advertisement for bids, notwithstanding that the
amount involved exceeds $17,500. The Business Administrator shall
establish procedures, in compliance with state laws and regulations,
which will permit such emergency purchases to be made for specific
purposes in a manner other than that prescribed by this article.
B.
Additional requirements.
(1)
Emergency purchases by Purchasing Agent. In case of an apparent emergency
which requires immediate purchase of supplies or contractual services,
the Business Administrator shall be empowered to authorize the Purchasing
Agent to secure by open market procedure as herein set forth, at the
lowest obtainable price, any supplies or contractual services regardless
of the amount of the expenditure.
(a)
Recorded explanation. A full report of the circumstances of
an emergency purchase shall be filed by the Purchasing Agent with
the City Council.
(2)
Emergency purchases by head of using agency. In case of actual emergency,
and with the consent of the Purchasing Agent, and the approval of
the Business Administrator, 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 which may vitally affect
the life, health or convenience of citizens.
(a)
Recorded explanation. The head of such using agency shall send to the Purchasing Agent a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council as provided in Subsection B(2)(a) above.
(b)
Emergency procedure. The Purchasing Agent shall prescribe by
rules and regulations the procedure under which emergency purchases
by heads of using agencies may be made.
A.
All purchases of supplies, and contractual services, the value of which is less than 15% of the City of Paterson's bid threshold shall be made in the open market, without newspaper advertisement and without observing the procedures prescribed by § 5-54.5 for the award of formal contracts. A requisition for the goods/services shall be prepared by the using agency and forwarded to the Purchasing Agent for processing. If the value of the goods/services exceeds 15% of the City of Paterson bid threshold but is less than the City of Paterson bid threshold, then the goods/services may be procured through the solicitation of price quotes.
B.
Minimum number of price quotes. All purchases by quotation shall,
wherever possible, be based on at least three competitive quotes,
and shall be awarded to the vendor that submitted the lowest responsible
quote.
A.
The Business Administrator shall establish or approve uniform standards
for requisitions and purchases.
B.
Requisition and estimates. All using agencies, either by or with
the authorization of the Department Director under which the using
agency operates, shall file with the Purchasing Agent detailed requisitions
or estimates of their requirements in supplies and contractual services
in such manner, at such times, and for such future periods as the
Purchasing Agent shall prescribe.
(1)
Unforeseen requirements. A using agency shall not be prevented from
filing, in the same manner, with the Purchasing Agent at any time
a requisition or estimate for any supplies and contractual services,
the need for which was not foreseen when the detailed estimates were
filed.
(2)
Revisory power in Purchasing Agent. The Purchasing 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.
Except in cases of emergency, the Purchasing Agent shall not
issue any order for delivery on a contract or open market purchase
until the Finance Director shall have certified that there is to the
credit of the using agencies concerned a sufficient unencumbered appropriation
balance, in excess of all unpaid obligations, to defray the amount
of such order.
Any purchase order or contract within the purview of this chapter,
in which the Purchasing Agent or any officer or employee of the City
is financially interested, directly or indirectly, shall be void.
A.
Gifts and rebates. The Purchasing Agent and every officer and employee
of the City are expressly prohibited from accepting, directly or indirectly,
from any person, company, firm or corporation to which any purchase
order or contract is, or might be awarded, any rebate, gift, money,
or anything of value whatsoever, except given for the use and benefit
of the City.
All purchases of and contracts for supplies and contractual
services and all sales of personal property which has become obsolete
and unusable shall, except as otherwise provided by law, be based
wherever possible on competitive bids.
All supplies and contractual services, except as otherwise provided
by law, when the estimated cost thereof shall exceed $40,000, shall
be purchased by formal, written contract from the lowest responsible
bidder, after due notice inviting bid proposals.
A.
Notice inviting bids.
(1)
Newspaper. Notice inviting bids shall be published once in at least
one official newspaper in the City and at least 10 days preceding
the last day set for the receipt of bid proposals.
(a)
Scope of notice. The newspaper notice required herein shall
include a general description of the articles to be purchased or sold,
shall state where bid packages and specifications may be secured and
the time and place for opening bids.
(2)
City of Paterson website. The Purchasing Agent shall also advertise
all pending purchases or sales by a notice posted on the City of Paterson
website.
B.
Bid deposits. When deemed necessary by the Purchasing Agent, bid
deposits shall be prescribed in the public notices inviting bids.
Unsuccessful bidders shall be entitled to return of surety where the
Purchasing Agent has required such. A successful bidder shall forfeit
any surety required by the Purchasing Agent upon failure on his part
to enter a contract within 10 days after the award.
C.
Bid opening procedure.
(1)
Sealed. Bids shall be submitted sealed to the Purchasing Agent and
shall be identified as bids on the envelope.
(2)
Opening. Bids shall be opened in public at the time and place stated
in the public notices.
(3)
Tabulation. A tabulation of all bids received shall be posted for
public inspection and will be available no sooner than 48 hours after
the date of the bid opening.
D.
Rejection of bids. The Purchasing Agent shall have the authority
to reject all bids, parts of all bids, or all bids for any one or
more supplies or contractual services included in the proposed contract,
when the public interest will be served thereby.
(1)
Bidders in default to City. The Purchasing Agent shall not accept
the bid of a contractor who is in default on the payment of taxes,
licenses or other monies due the City.
E.
Award of contract.
(1)
Authority in agent. The Purchasing Agent shall have the authority
to award contracts within the purview of this chapter.
(2)
Lowest responsible bidder. Contracts shall be awarded to the lowest
responsible bidder. In determining "lowest responsible bidder," in
addition to price, the Purchasing Agent shall consider:
(a)
The ability, capacity and skill of the bidder to perform the
contract or provide the service required;
(b)
Whether the bidder can perform the contract or provide the service
promptly, or within time specified, without delay or interference;
(c)
The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
(d)
The quality of performance of previous contracts or services;
(e)
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
(f)
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
(g)
The quality, availability and adaptability of the supplies,
or contractual services to the particular use required;
(h)
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract;
(i)
The number and scope of conditions attached to the bid.
(3)
Award to other than low bidder. When the award is not given to the
lowest bidder, a full and complete statement of the reasons for placing
the order elsewhere shall be prepared by the agent and filed with
the other papers relating to the transaction.
(4)
Tie bids.
(a)
Local vendors. If all bids received are for the same total amount
or unit price, quality and service being equal, the contract shall
be awarded to a local bidder.
(5)
Performance bonds. The Purchasing Agent shall have the authority
to require a performance bond, before entering a contract, in such
amount as he shall find reasonably necessary to protect the best interests
of the City.
F.
Prohibition against subdivision. No contract or purchase shall be
subdivided to avoid the requirements of this section.
The Purchasing Agent shall control and supervise storerooms
and warehouses.
A.
Inventory. The Purchasing Agent shall maintain a perpetual inventory
record of all materials, supplies or equipment stored in storerooms
and warehouses.
The head of the using agency shall have the authority to submit
requisitions to the Purchasing Agent for supplies available under
the terms of a price agreement contract made by the Purchasing Agent.
The Purchasing Agent 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.
Inspection by using agency. The Purchasing Agent shall have the authority
to authorize using agencies having the staff and facilities for adequate
inspection to inspect all deliveries made to such using agencies under
rules and regulations which the Purchasing Agent shall prescribe.
B.
Tests. The Purchasing Agent shall have the authority to require chemical
and physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with
the specifications. In the performance of such tests, the Purchasing
Agent shall have the authority to make use of laboratory facilities
of any agency of the City government or of any outside laboratory.
All using agencies shall submit to the Purchasing 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.
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchasing plans when the best
interests of the City would be served thereby.
[Amended 12-19-1995 by Ord. No. 95-068]
Within the Department of Administration, there
shall be a Division of Information Technology, the head of which shall
be known as the "Information Technology Director." The Division shall
program, compute, process and store in an established area and order
such data and information pertinent and relative to the City’s
operations. The Business Administrator may prescribe, for reasons
of efficiency and economy, such other data and information relative
to other departments as may prove to be economically feasible. The
Division shall use and operate such machinery, equipment and computers
and their peripheral equipment as may be made available for the purpose
of the City. All references to the "Division of Data Processing" shall
be deemed to refer to the "Division of Information Technology," and
all references to the "Data Processing Director" shall be deemed to
refer to the "Information Technology Director."
