[HISTORY: Adopted by the Common Council of the City of Egg Harbor
City 12-30-1981 by Ord. No. 16-1981. Amendments
noted where applicable.]
A.
The purpose of this chapter is to establish a procedure
to be followed by all officials and authorized employees of the City of Egg
Harbor for the purchasing of goods and services and for the approval and payment
of claims in accordance with N.J.S.A. 40A:5-1 et seq.
B.
To the extent practicable, this procedure intends that
the Chief Financial Officer will originate purchase orders. Department heads
will certify to the receipt of goods and services and the Chief Financial
Officer will audit claims and render payment, thus providing a system of internal
control through the separation of responsibilities.
[Added 4-11-1991 by Ord. No. 8-1991;
amended 10-10-1991 by Ord. No. 19-1991]
A.
This section shall be known and may be cited as the "Joint
Purchasing Ordinance of the Participating Contractor."
B.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5),
the Mayor of the City of Egg Harbor City is hereby authorized to enter into
a cooperative purchasing agreement with the lead agency or any other contracting
unit within the County of Atlantic or adjoining counties for the purchase
of work, materials and supplies.
C.
The lead agency entering into contracts on behalf of
the contractor shall be responsible for complying with the provisions of the
Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions
of the New Jersey Statutes.
As used in this chapter, the following terms shall have the meanings
indicated:
A purchase order for goods or services to be delivered
or provided at periodic intervals in cases where more favorable terms can
be obtained by entering into such an arrangement with a given customer or
vendor.
A person designated by the Common Council who is responsible for
certain financial duties as directed by the Common Council; also, an employee
designated by the Common Council to determine the most economical sources
of supply, the most favorable prices and the most economical ordering quantities,
to issue purchase orders and to discharge such duties as are normally assigned
to a Chief Financial Officer.[1]
Invoices, bills or vouchers of other persons seeking payment for
materials supplied or services rendered to the City of Egg Harbor.
A purchase order originated subsequent to the selection or delivery
of goods and services in cases where a purchase order in advance could not
be obtained due to emergent need.
An employee of the City of Egg Harbor designated by the Common Council
by resolution as being in charge of a department.
A document authorizing a vendor or other person to furnish goods
or services to the City of Egg Harbor and setting forth details as to quantity,
type, condition, price and terms of sale, etc.
A written record usually submitted by a vendor or transportation
company, itemizing materials or services furnished to the City of Egg Harbor
which, when signed and dated by a duly authorized employee of Egg Harbor,
constitutes evidence of the receipt of goods or services.[2]
A.
There is hereby established a system of purchase orders.
Purchase orders shall be on forms determined and approved by the Chief Financial
Officer and shall be in quintuplet. A purchase order must state the department
and line item of the budget to be charged. Two copies shall be delivered to
the vendor, one of which the vendor shall utilize as his/her voucher. The
vendor must attach to the voucher his/her claim or invoice; one copy will
serve as a receiving report. The final copies will be retained by the Chief
Financial Officer and the originating department head for their records for
the period required by statute.
B.
Insofar as possible, it is intended that all orders for
the purchase of material, equipment or supplies or for the furnishing of labor
or services, other than professional, shall be placed only after a properly
prepared written purchase order has been originated by the Purchasing Agent.
In addition, where purchases of materials or services do not lend to the giving
of specific orders prior to delivery or where, due to the need of obtaining
the items or services quickly, it is not possible to issue the purchase order
in the normal manner, such purchases will be exempt from the requirements
for written purchase orders in advance. In such instances, confirming purchase
orders will be prepared subsequent to delivery. Copies of confirming purchase
orders are to be routed in the same manner as regular purchase orders. Within
24 hours a statement must be submitted, in writing, to the Chief Financial
Officer specifying the reasons for the purchase.
C.
No purchase order will or shall be issued unless the
department head or his/her designee making the purchase shall verify that
the purchase is proper, has been authorized and the funds are available, unencumbered,
in the budget for such purpose and the amount to be paid is fair and reasonable.
A.
It shall be the duty of the Chief Financial Officer to
purchase or contract for the purchase of all supplies, materials, equipment,
various types of work and contractual services needed by any municipal department,
board or commission (using agency) in accordance with state law and such procedures,
rules and regulations prescribed by the Chief Financial Officer for the internal
management and operation of the purchasing system.
B.
Except as herein provided, it shall be unlawful for any
officer or employee to order or purchase any supplies or make any contract
other than through the Chief Financial Officer's Department. Any contracts
or purchases made contrary to the established procedures shall not be approved,
and the municipality will not be bound thereby.
C.
In addition to the authority and duties conferred above,
the Chief Financial Officer shall:
(1)
Act to procure the highest quality in supplies and contractual
services at least cost to the city.
(2)
Under the Council's direction, establish and enforce
rules and regulations setting forth procedures and forms to be used in the
purchase of all supplies and contractual services for any using agency.
(3)
Maintain a vendor's catalog file according to materials,
containing descriptions of vendor's commodities.
(4)
Discourage collusive bidding and endeavor to obtain as
full and open competition as possible in all purchases.
(5)
Procure all allowable exemptions, discounts and price
reductions.
(6)
With the cooperation and assistance of the using agencies,
supervise the preparation of standardized specifications for supplies, materials
and services to be purchased or placed under contract agreement.
(7)
Sell or otherwise dispose of all obsolete or unusable
personal property of the municipality in accordance with the laws of the State
of New Jersey and municipal regulations.
D.
Every department or using-agency head shall file detailed
requisitions and estimates of their requirements for supplies and contractual
services in the time and manner prescribed by the Chief Financial Officer.
E.
The Chief Financial Officer shall examine such requisitions
and have the authority to revise them as to quantity, quality or price after
consultation with the head of the requesting using agency.
F.
Any purchase order or contract in which any municipal
officer or employee is financially interested, directly or indirectly, shall
be void.
G.
The Chief Financial Officer and every officer and employee
of the municipality and its agencies are expressly prohibited from soliciting
or 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 where given for the use
and benefit of the municipality.
H.
All purchases of and contracts for supplies, materials
and contractual services and all sales of obsolete or unusable municipal personal
property shall be made either through formal bids or quotations as required
by law, except those purchases which may be specifically exempted by New Jersey
statutes.
I.
The Chief Financial Officer, assisted by the using agencies,
shall supervise the preparation of written specifications for the purchase
of all goods and services. All specifications shall be drafted in a manner
to encourage free and open competitive bidding.
J.
The Chief Financial Officer is authorized to approve
the purchase of supplies and contractual services estimated to cost $500 or
less, and he/she shall prescribe the procedures to be followed in making such
purchases.[1]
K.
For supplies and services estimated to cost more than
$500 but less than $12,300, three quotes shall be obtained, and the Chief
Financial Officer shall prescribe the procedures to be followed in making
such purchases.[2]
L.
Supplies and contractual services estimated to cost more
than $12,300 shall be purchased by formal, written contract from the lowest
bidder, in accordance with the New Jersey Statutes and the procedures established
by the Chief Financial Officer.[3]
M.
No purchase may be authorized or obligation incurred
unless it first bears the signature of the Chief Financial Officer certifying
that sufficient appropriated funds are available and have been reserved to
pay in full the value of the purchase. Such certification shall be in the
form and manner prescribed by the Chief Financial Officer.
N.
The Chief Financial Officer or, by his/her delegation,
the head of the using agency shall inspect or supervise the inspection of
all deliveries of supplies or contractual services to assure their conformance
with the specifications set forth in the order or contract.
O.
Emergency purchases are restricted to situations requiring
the immediate purchase of materials or supplies to meet an actual or imminent
threat or danger to the public health, safety or welfare. Such purchases must
be in accordance with the procedures established by this chapter and state
statute.
P.
All using agencies shall submit to the Chief Financial
Officer, in such form and manner as he/she may require, reports showing stocks
of all supplies which are no longer needed or which have become obsolete,
worn out or useless.
Q.
Sale of surplus materials.
(1)
The Chief Financial Officer shall submit to all agencies
and departments, prior to the sale of surplus materials, a list of items no
longer required, to determine if they can use any of the equipment, parts
and supplies listed.
(2)
Sales under this section shall be made to the highest
responsible bidder. A record of each sale shall be made and placed on file.
R.
The Chief Financial Officer shall investigate participation
in joint or cooperative purchasing plans with other units of government. Such
plans shall be in accordance with agreements approved by the governing body
and the Division of Local Government Services, New Jersey Department of Community
Affairs.
S.
The Common Council shall designate the municipal employee
to act in the Chief Financial Officer's place on a temporary basis in
the event of the Chief Financial Officer's illness, incapacity or prolonged
absence from the municipality. Such temporary appointment shall not exceed
30 days without the written approval of the Mayor.
A.
It shall be the responsibility of the department head
to advise the Chief Financial Officer of any materials or services required
in sufficient time for the Chief Financial Officer to be able to place orders
in the most economical and reasonable manner. Repetitive purchases of the
same item at frequent intervals should be covered by a blanket purchase order.
B.
When materials or services have been received, the department
head shall forward the receiving report to the Chief Financial Officer and
shall indicate by signature and date that the materials or services have been
received in a satisfactory condition or manner. If goods or services received
are not satisfactory, the department head shall so advise the supplier or
transportation company and attempt to obtain replacement or satisfaction.
The department head shall also note the receiving report accordingly.
C.
All vouchers to be paid in any given month must be in
the office of the Chief Financial Officer by 12:00 noon of the first day of
the month unless the same is a holiday or the office is closed, in which case
by 12:00 noon of the following day that the office is open.
[Amended 4-25-1991 by Ord. No. 11-1991]
A.
The Chief Financial Officer shall maintain a file of
open purchase orders and, upon receipt of claims from vendors and associated
receiving reports duly certified by an authorized employee of Egg Harbor City,
shall determine whether the claims are correct by verifying totals, checking
extensions, computing discounts allowed, deleting sales tax and verifying
receipt of goods or services. Each correct claim, along with a properly certified
voucher from the vendor, the receiving report and other supporting documents,
should be signed by the Chief Financial Officer and included in the monthly
list for payment. Any voucher not supported by all of the above shall not
be entered on the list for payment.
B.
After the receipt of a properly authorized voucher and
associated supporting documents, the Chief Financial Officer, or his/her designee,
shall list all vouchers to be approved at each regular meeting for payment
by the Common Council. The Chief Financial Officer, or his/her designee, shall
not list for payment any vouchers for which the funds have not been provided
in the budget. The Chief Financial Officer, or his/her designee, shall list
vouchers by budget category with totals for salaries and wages (S&W) and
other expenses (O&E) and a total amount for all vouchers on the list.
C.
The Chief Financial Officer, or his/her designee, shall
provide the lists of vouchers to the Common Council at such time prior to
a regular monthly meeting that the Common Council shall direct by resolution.
D.
The Chief Financial Officer, or his/her designee, will
be responsible for the preparation of the resolution, authorizing that the
vouchers listed on the voucher list be paid, to be presented for adoption
by the Common Council at the regular public meeting.
E.
The itemized list of all vouchers shall be included in
the minutes of the Common Council by resolution, and vouchers shall not be
paid until after the Common Council approves the resolution.
[Amended 4-25-1991 by Ord. No. 11-1991]
A.
The resolution approving payment of vouchers listed on
the list submitted by the Chief Financial Officer shall be submitted to the
Council for its consideration at a regularly scheduled meeting.
B.
A copy of the approved resolution shall be forwarded
to the Chief Financial Officer on the first working day after approval.
C.
In the event that any voucher is disapproved by the Common
Council, it shall be marked "disapproved," and the proper totals on the list
of vouchers and the resolution shall be changed accordingly. The resolution
must specify the reason for disapproval.
D.
In the case of an emergency requiring payment other than
at a regularly scheduled meeting, the Common Council shall have the right
at any special or otherwise-called meeting to authorize payment of a voucher
as requested by the Office of the Chief Financial Officer, or his/her designee.
All vendors should be notified, in writing, and an ad should be placed
in the newspaper that the city will not honor any purchases without a purchase
order. All city employees and officials should be put on notice that they
will be personally liable for any orders placed without proper approvals.
