[Adopted 11-14-1991 by Ord. No. 25-91]
As used in this article, the following words shall have the following meanings:
JOINT PURCHASING AGREEMENT
An agreement whereby two or more municipalities agree to jointly purchase work, materials or supplies for use by each.
JOINT PURCHASING SYSTEM
The system created by the Joint Purchasing Agreement.
LEAD AGENCY
One participating contracting unit which performs the complete purchasing responsibilities for the other participating contracting units.
PARTICIPATING CONTRACTING UNIT
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.