[HISTORY: Adopted by the Mayor and Council of the Borough of Buena as indicated in article histories. Amendments noted where applicable.]
Article I General Purchasing Procedures
Article II Professional Service Contracts
[Adopted 11-13-1978 by Ord. No. 246]
This article shall be known and may be cited as the "Borough of Buena Purchasing Ordinance."
For the purpose of this article, the terms used herein are defined as follows:
- DEPARTMENT HEAD
- A member or appointee of Council who oversees the activities of a particular department during any calendar year or part thereof.
- A verbal or written proposal setting forth the cost of an item or items to be purchased.
- Any supervisor or designated employee given the responsibility by a department head to administer the purchasing for that department.
- REQUISITION-PURCHASE ORDER
- A document utilized to order and purchase any goods, materials, supplies or services.
Unless excepted by the Local Public Contracts Law of the State of New Jersey, as amended, N.J.S.A. 40A:11-1 et seq., the procedure to be followed to request or obtain any goods, services, materials or supplies in the Borough of Buena shall be as follows:
[Amended 1-12-1987 by Ord. No. 329; 11-21-1994 by Ord. No. 420]
Each requestor shall complete a requisition-purchase order for the goods or services requested and submit said purchase order to the department head or his designee for approval.
Prior to granting approval for the goods, services, materials or supplies requested in the requisition-purchase order, the department head or his designee will first determine whether the item or service so requested is necessary.
If the department head or his designee determines that the item or service requested is necessary, as required by Subsection A(2) above, he shall then determine whether or not the item or service requested is a contract item or service which may be purchased pursuant to an existing contract of the Borough of Buena or State of New Jersey. If there is an existing Borough or state contract for said item or service, the purchase may be made pursuant to said contract, without the necessity of publicly advertising for bids.
In the event that the goods or services requested are necessary but cannot be purchased pursuant to an existing state contract, or in the event that the department head or his or her designee believes that the Borough of Buena can purchase the goods or services less expensively by soliciting bids or proposals, the department head or his or her designee shall next determine whether the goods or services to be purchased will exceed the threshold amount established by N.J.S.A. 40A:11-3, as amended, in a contract year.
[Amended 7-10-2000 by Ord. No. 472]
For all contracts that in the aggregate are less than the bid threshold but 15% or more of that amount, and for those contracts that are for subject matter enumerated in N.J.S.A. 40A:11-5(1) except for paragraph (a) of that subsection concerning professional services and paragraph (b) of that subsection concerning work by employees of the contracting unit, the governing body shall award the contract after soliciting at least two competitive quotations, if practicable, from persons or companies which are in the business of providing the goods or services requested. The written quotations shall be on the basis of common specifications, and an award shall be made to a vendor whose response is most advantageous, price and other factors considered. The department head or his or her designee shall transmit a record of the quotation solicitation to the Chief Financial Officer, who shall include a copy of the record with the voucher used to pay the vendor. A record of the quotation solicitation shall also be transmitted to the governing body for its consideration in awarding a contract to the vendor.
In the event that the goods or services requested are determined by the department head or his or her designee to exceed the threshold amount established by N.J.S.A. 40A:11-3, as amended, the requestor shall prepare formal specifications and submit same to the governing body with the request that the governing body advertise for and receive bids for the purpose of purchasing the goods or services requested.
All contracts that are in the aggregate less than 15% of the bid threshold may be awarded by the Borough Council without soliciting competitive quotations.
In the event that two or more responses to a request for proposals offer equal prices and are the lowest responsible bids or proposals, the Borough may award the contract to the vendor whose response, in the discretion of the Borough, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous.
Before the requestor, a department head or his or her designee makes any purchase on behalf of the Borough of Buena, the requisition-purchase order shall be submitted to the Finance Department for approval of funds or to obtain a certificate of availability of funds, if applicable. At the time of approving the availability of funds for the purchase sought, the Finance Department shall encumber the funds needed to pay for the goods or services requested.
[Amended 7-10-2000 by Ord. No. 472]
[Amended 7-10-2000 by Ord. No. 472]
No official, department head, designee of a department head or Borough employee, in any capacity, shall incur any liability on the part of the Borough of Buena for the purchase of any goods or services, unless funds are available for such purpose, and the purchase shall have been properly authorized by a purchase order, as set forth in this article, or the purchase has been approved by the governing body and a contract awarded to the vendor in accordance with this article and in accordance with the Local Public Contracts Law.
[Amended 1-12-1987 by Ord. No. 329]
In the case of an emergency affecting the public health, safety or welfare, a purchase, contract or agreement may be made, negotiated or awarded without the necessity of obtaining written proposals and, where the contract price will exceed the amount established by statute, without the necessity of public bidding, provided that the following procedures are followed:
A written requisition-purchase order for the purchase of such work or labor or the furnishing of materials, supplies or services shall be filed with the department head or his designee in charge, describing the nature of the emergency, the time of its occurrence and the need for invoking this section, all of which shall be certified by the department head or his designee in charge of the department wherein the emergency occurred. In such event, the governing body or, where time does not permit the governing body to meet, the department head, being satisfied that an emergency exists, is hereby authorized to award a contract for the work or labor, materials, supplies or services.
Upon the furnishing of such work or labor, materials, supplies or services, in accordance with the terms of the contract or agreement, the contractor furnishing such work or labor, materials, supplies or services shall be entitled to be paid therefor and the governing body shall be obligated for said payment. In such event, the governing body shall take such action as shall be required to provide for the payment of the contract price.
In the event that an emergency occurs during off hours, on a holiday or weekend, the requisition-purchase order required to be completed by this section may be completed on the next regular working day, provided that the requester has provided the information necessary to prove the existence of an emergency and the department head or his designee has certified the existence of said emergency prior to the making of a purchase, contract or agreement.
[Amended 11-21-1994 by Ord. No. 420]
The Chief Financial Officer, or his assistant or designee, acting on behalf of the Department of Finance, shall check every requisition-purchase order against the budget appropriations, to ascertain and verify that the money appropriated in the budget is sufficient to permit the purchase set forth in the requisition-purchase order. Where sufficient funds exist, the Chief Financial Officer, or his assistant or designee, shall authorize the purchase by signing or initialing the requisition-purchase order and reserving the money needed to pay for said purchase.
[Amended 1-12-1987 by Ord. No. 329; 11-21-1994 by Ord. No. 420]
Whenever any purchase shall exceed the threshold amount established pursuant to N.J.S.A. 40A:11-3, as amended, specifications for the goods, services, materials or supplies to be purchased shall be prepared, and a written advertisement to bidders shall be published in the official newspaper of the Borough, and such other papers as may be designated by the Council, notifying potential bidders of the time, place and type of bid to be received and specifying the place where specifications may be obtained. All advertisements for bids shall be published at least 10 days prior to the date on which bids are to be received, unless otherwise provided by statute. Sealed bids so received pursuant to said advertisement shall be opened publicly and read aloud by the Clerk of the Borough of Buena or his designee, at the time and place specified in the advertisement for bids.
The governing body of the Borough of Buena shall award all contracts to purchase to the lowest responsible bidder, pursuant to the provisions of the Local Public Contracts Law, provided that the governing body shall have the right to reject all bids when such rejection is warranted.
The Mayor or, in his absence, the President of Council shall execute and sign all contracts awarded by the governing body and authorized pursuant to law. The signature of the Mayor or, where applicable, the President of Council shall be attested to by the Borough Clerk or his assistant.
Where the governing body of the Borough of Buena desires to process a due and payable claim without requiring the procedures contained in this article, the Council may approve for payment any voucher containing or having attached thereto a properly signed claimant's certification. Prior to said approval, however, the Finance Department shall certify that the funds required to pay said voucher have been budgeted and are available.
The Council of the Borough of Buena, by resolution, may adopt such rules and regulations as it may deem advisable to further outline and clarify the procedures to be used for the purchase of goods, services, materials or supplies in the Borough of Buena, provided that such rules or regulations shall not conflict with the provisions of this article or with the provisions of the Local Public Contracts Law.
[Adopted 12-29-2006 by Ord. No. 543]
As used in this article, the following terms shall have the meanings indicated:
- Shall mean: (1) any individual seeking election to a public office of the Borough of Buena; (2) an individual who shall have been elected or failed election to an office for which he sought election and who receives contributions and makes expenditures for purposes of furthering his election campaign; (3) an individual who has received funds or other benefits or has made payments solely for the purposes of determining whether the individual should become a candidate as defined herein. "Candidate" shall also mean any group of candidates for office of the Borough of Buena who have petitioned the Borough Clerk to designate them as running mates pursuant to N.J.S.A. 40:45-10. Any contribution to one member of the group shall represent a contribution to all of the group members individually.
- All loans and transfers of money or other thing of value, excluding personal services other than paid personal services, to or by any candidate's committee, political committee, political party committee and all pledges or other commitments or assumptions of liability to make any such transfer for purposes of promoting a candidate for election to public office of the Mayor or Borough Councilperson in the Borough of Buena. For purposes of this article, all pledges or other commitments or assumptions of liability to make any such transfer for purposes of promoting a candidate shall be deemed to have been made upon the date when such commitment is made or liability assumed.
- POLITICAL ACTION COMMITTEE
- Any PAC that is organized for the primary purpose of promoting or supporting the Borough of Buena municipal candidates or municipal officeholders within four calendar years immediately preceding the date of the contract or agreement.
- PROFESSIONAL BUSINESS ENTITY
- Any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction. The definition of a "business entity" includes:
- A. All principals who own or control more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate;
- B. Any subsidiaries directly or indirectly controlled by the business entity;
- C. Any political organization organized under Section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee; and
- D. If a business entity is a natural person, that person's spouse or child, residing therewith.
- PROFESSIONAL SERVICES AGREEMENT
- An agreement or contract with the Borough of Buena to procure services or any material or equipment from or for the acquisition, sale or lease of any land or building from or to any professional business entity without competitive bidding as an exception to the Local Public Contract Laws, N.J.S.A. 40A:11-5(1)(a)(i) and 40A:11-5(1)(a)(ii).
- Shall exist where a business entity receiving a professional service agreement:
- A. Has made or solicited a contribution contrary to the terms of this article;
- B. Knowingly conceals or misrepresents a contribution given or received;
- C. Makes or solicits contributions through intermediaries for the purpose of concealing and misrepresenting the source of the contribution;
- D. Makes or solicits any contribution on the condition or with the agreement that it will be contributed to a campaign or campaign committee of any candidate or holder of any elected office of the Borough of Buena;
- E. Funds contributions made by third parties, including consultants, family members or employees; and
- F. Engages in any exchange of contribution to circumvent the intent of this article.
Any other provision of law to the contrary notwithstanding, the Borough of Buena, or any of its purchasing agents or agencies, as the case may be, shall not enter into an agreement for professional services or otherwise contract to procure services, including banking services/relationships or insurance coverage services, without competitive bidding (collectively, "professional services agreement"), from any professional business entity, if that entity has solicited or made any contribution to a campaign committee of or to any individual candidate or holder of public office for the government of the Borough of Buena having ultimate responsibility for the award of the contract or any Borough of Buena party committee, or to any PAC that is organized for the primary purpose of promoting or supporting the Borough of Buena municipal officeholders within one calendar year immediately preceding the date of the contract or agreement.
No professional entity which enters into any professional services agreement with the Borough of Buena or any department thereof for the rendition of professional services or any other services contract, including services/relationships or insurance coverage services, without competitive bidding (collectively, "professional services agreement") shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contribution, to any Borough of Buena candidate or holder of the public office of the government of the Borough of Buena having ultimate responsibility for the award of the contract, to any Borough of Buena party committee, or to any PAC that is organized for the primary purpose of promoting or supporting Borough of Buena municipal candidates or municipal officeholders prior to the completion of the contract or agreement.
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
No contribution made by a professional business entity to any municipal candidate for Mayor or Council or municipal party committee or PAC referenced in this article shall be deemed a violation of this section, nor shall an agreement for property, goods or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this article.
Prior to awarding any professional services agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Borough of Buena or any of its purchasing agents, as the case may be, shall require the professional business entity to provide a written certification indicating the following:
That it has not made a contribution as defined herein.
The reason or reasons that such a contribution would not prohibit the award of the professional services agreement pursuant to this article.
The professional business entity shall have a continuing duty to report any contributions that may occur during the term of the professional services agreement. The certification required under this subsection shall be made prior to entry into the professional services agreement with the Borough of Buena and shall be in addition to any other certifications that may be required by any other provision of law.
All Borough of Buena professional services agreements shall provide that a violation of this article shall be an event of default and breach of the terms of any contract or agreement with the Borough of Buena.
Any professional business entity, as defined herein, which knowingly fails to reveal a contribution made in violation of this article, or otherwise commits a violation, as defined herein, shall be disqualified from eligibility for future Borough of Buena contracts for a period of four calendar years from the date of the violation.
This article shall not prohibit the awarding of a professional services agreement without competitive bidding where there shall exist an emergency which requires the immediate delivery of goods or the performance of services. Pursuant to N.J.S.A. 40A:11-6, no contract shall be entered into on an emergent basis unless the circumstances meet all of the following requirements:
An actual or imminent emergency must exist requiring the immediate delivery of the article or the performance of the service;
The emergency condition must affect the public health, safety or welfare and require the immediate delivery of the article or the performance of the service to alleviate such effect;
The emergency purchasing procedures may not be used unless the need for the articles or services could not have been reasonably foreseen or the need for such articles or services has arisen notwithstanding a good faith effort on the part of the contracting unit to plan for the purchase of any articles or services required by the contracting unit;
The contract shall be of such limited duration as to meet only the immediate needs of the emergency; and
Under no circumstances shall the emergency purchasing procedure be used to enter into a multiyear contract.
Notwithstanding anything herein to the contrary, this article shall not prohibit the awarding of professional services agreements without competitive bidding to a professional business entity who has made a contribution to the campaign of a candidate for the office of Mayor or Borough Council who has, by popular vote of the registered voters of the Borough of Buena, lost the election for which the contribution as made subject to the definition of "candidate" hereinabove.