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Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor’s Note: This Art. XIA, Department of Purchasing, was created 4-13-2010 by Ord. No. O-10-5, which ordinance also included §§ 2-52 and 2-53 in said article.
[Amended 7-8-2003 by Ord. No. O-03-16]
A. 
The Director of the Department of Purchasing will be the Purchasing Agent.
[Amended 4-13-2010 by Ord.No. O-10-5[1]]
[1]
Editor’s Note: This ordinance also redesignated former Subsections A and B as Subsections B and C.
B. 
The qualified Purchasing Agent shall act as the purchasing agent of the Township with authority as its contracting agent to prepare public advertising for bids and to receive bids for the purchase of materials and supplies on behalf of the Township in accordance with the provisions of the governing statutes and sound purchasing practices and make awards of contracts in the name of the Township for the various agencies, boards, departments and other offices of the Township. Purchases in excess of the existing public contract law limit shall be made according to the statutes and shall require approval of the Township Committee. At least three quotations as to the cost or price, whenever practicable, shall be solicited from manufacturers, firms or dealers when the cost of the items purchased exceed the quote threshold. The contract shall be made with and awarded to the lowest responsible bidder when the kind and quality of the items are equal, or considering other criteria where authorized by the Local Public Contracts Law.
[Amended 4-13-2010 by Ord.No. O-10-5]
C. 
The Municipal Administrator shall keep an account of all purchases and shall, from time to time, or when directed by the Township Committee make a full written report. He/she shall also issue rules and regulations governing the requisition and purchase of all municipal supplies and equipment consistent with the provisions of this section. For the purposes of this section only, during the absence, disqualification or disability of the Municipal Administrator, the Chief Financial Officer shall act in his place and stead, so long as he/she is not the appointed purchasing agent at the time.
[Amended 5-24-2022 by Ord. No. O-22-8]
The Municipal Administrator or Mayor is hereby authorized to make emergency purchases of goods and/or services in the event an emergency affecting public health, safety and welfare exists and requires immediate delivery of the goods or performance of the services. Any emergency purchase is subject to the following:
A. 
Written requisition must be filed with the Municipal Administrator or Mayor by the department head wherein the emergency has occurred, together with a certified statement as to the nature of the emergency and the factors which compel immediate action.
B. 
The Municipal Administrator or Mayor shall review the requisition and certification and determine if a sufficient emergency exists to invoke the provisions of N.J.S.A. 40A:11-6 and that the matter cannot await the next regularly scheduled meeting of the governing body. If so satisfied, the Municipal Administrator or Mayor is authorized to contract on behalf of the Township for the emergency purchase, provided sufficient budgetary appropriation is available after consultation with the Township Chief Financial Officer or Treasurer, who shall orally certify as to the availability of funds.
C. 
The Township Chief Financial Officer or Treasurer, as soon as practicable after giving the oral certification to the Municipal Administrator or Mayor, shall file a written certification of availability of funds with the office of the Municipal Administrator.
D. 
If time allows, before undertaking the emergency purchase hereunder, the Municipal Administrator or Mayor shall consult with the governing body, by any means available, to apprise it of the proposed course of action. Immediately after contracting for the emergency purchase, the Township Administrator shall provide a written memorandum to each member of the governing body, explaining the circumstances and action taken.
E. 
Notwithstanding the procedure set forth above, in all cases where the emergency purchase would require the expenditure in excess of $100,000, the Municipal Administrator or Mayor shall not commit the municipality to contract until the members of the governing body have been individually polled by any means available and at least three members thereof shall indicate agreement that the emergency purchase is necessary.