Title
Dept/ Agency: Administration/ Division of Central Purchasing
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Cooperative Purchasing Agreement
Purpose: To authorize the use of Sourcewell Cooperative Contract #110822-CSS for the procurement and installation of pre-engineered buildings to support municipal public safety, personnel, and fleet operations.
Entity Name: ClearSpan Fabric Structures International, Inc.
Entity Address: 1395 John Fitch Boulevard, South Windsor, Connecticut 06074
Contract Amount: Not to exceed $2,500,000.88
Funding Source: 2025 Capital Budget/Department Water and Sewer Utilities , NW037-750-7505-71960-B2025 and NW038-800-8007-71970 - B2025, B2026, B2027, and B2028
Contract Period: Upon approval by the Municipal Council through January 6, 2027, and inclusive of any extensions provided by Sourcewell, subject to the availability of appropriations
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a
Additional Information:
Resolution 7R1-c(AS) adopted on April 20, 2022, the Municipal Council authorized the City of Newark’s membership to the Sourcewell Cooperative Purchasing System.
This Resolution authorizes the City’s use of a cooperative purchasing agreement through Sourcewell for pre-engineered building structures. The use of the Sourcewell Cooperative Contract is determined to be cost-effective and in the best interest of the City to avoid interruption in proceeding with this contract.
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WHEREAS, the Municipal Council authorized the membership in the Sourcewell Cooperative by Resolution 7R1-c (as) adopted on April 20, 2022; and
WHEREAS, the City of Newark (“City”), in furtherance of its goals to search for lower costs, greater efficiency, and improved product quality, wishes to enter into a contract for cooperative purchasing; and
WHEREAS, cooperative purchasing is an inclusive term used to describe all purchasing systems where two (2) or more local contracting units join together for the provision or performance of goods or services as provided for by the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Sourcewell Cooperative is a nationally recognized cooperative purchasing organization that maintains competitively awarded national cooperative contracts through which members may procure goods and services; and
WHEREAS, Sourcewell Cooperative Contract #110822-CSS was competitively awarded for Pre-Engineered Buildings; and
WHEREAS, the City, a sub-political body of the State of New Jersey, is permitted to join Cooperative Purchasing Programs, pursuant to N.J.S.A. 52:34-6.2(b)(3); and
WHEREAS, Sourcewell Cooperative, a nationally recognized and accepted cooperative purchasing organization, maintains National Cooperative Agreement Contracts, which are competitively awarded through which members can make purchases; and
WHEREAS, Sourcewell Cooperative was developed for the purpose of utilizing a competitive bidding process to make the procurement process more efficient and provide cost savings to its members; and
WHEREAS, Sourcewell Cooperative Contract #110822-CSS was competitively awarded for Pre-Engineered Buildings; and
WHEREAS, the City’s membership in Sourcewell Cooperative has been confirmed active; and
WHEREAS, the Director has identified the need to construct Pre-Engineered Building facilities, including multiple maintenance and operational buildings to support vehicles, equipment, and personnel; and
WHEREAS, the Department of Water and Sewer Utilities requests to utilize Sourcewell Cooperative Contract #110822-CCS for the procurement and installation of pre-engineered buildings to support municipal public safety, personnel, and fleet operations at a cost not to exceed Two Million Five Hundred Thousand Zero Dollars and Zero Cents ($2,500,000.00) from authorized vendor ClearSpan Fabric Structures International, Inc., 1395 John Fitch Boulevard, South Windsor, Connecticut 06074; and
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designees, the Business Administrator, and/or the Purchasing Agent, are hereby authorized to utilize Sourcewell Cooperative Contract #110822-CCS for the procurement and installation of pre-engineered buildings to support municipal public safety, personnel, and fleet operations for the Department Water and Sewer Utilities at a cost not to exceed Two Million Five Hundred Thousand Zero Dollars and Zero Cents ($2,500,000.00) from authorized vendor ClearSpan Fabric Structures International, Inc., 1395 John Fitch Boulevard, South Windsor, Connecticut 06074.
2. All purchases, purchase orders and other related documentation shall be in accordance with the relevant Sourcewell Cooperative Contract, including Standard Terms and Conditions, Method of Operation and Third Party Agreement, if applicable, as contained in the New Jersey State Approved Cooperative Contract documentations and agreements.
3. There shall be no amendments of this Resolution without the approval of the Municipal Council.
4. Pursuant to N.J.A.C. 30:5-5(d)(2), this purchase is subject to annual availability and appropriations of funding for each corresponding budget year that the annual payment is due. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(d)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order from the following account code line: Department of Water and Sewer Utilities Capital Budget: NW037-750-7505-71960-B2025 and NW038-800-8007-71970.
5. Sourcewell Cooperative Contract #110822-CCS complies with Local Pay-to-Play Law, N.J.S.A. 19:44A-20.5 and constitutes a Fair and Open Procedure.
6. The Division of Central Purchasing shall file a duly executed copy of the contract in the Office of the City Clerk, if applicable.
7. If required by state law, the City Clerk shall provide the appropriate Notice of Award of this contract to the State Comptroller no later than twenty (20) business days following such award in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This Resolution authorizes the Mayor and/or his designees, the Business Administrator, and/or the Purchasing Agent, to utilize Sourcewell Cooperative Contract #110822-CCS for the procurement and installation of pre-engineered buildings to support municipal public safety, personnel, and fleet operations. For the Department of Water and Sewer Utilities at a cost not to exceed $2,500,000.00 from authorized vendor ClearSpan Fabric Structures International, Inc.,1395 John Fitch Boulevard, South Windsor, Connecticut 06074.