Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) #M8000 Tires, Tubes, and Services-Statewide #25-FLEET-81812 and 25-FLEET-82627
Purpose: To provide use of State authorized vendors and their distributors to purchase tires, tubes and services.
Entity Name(s)/Address(s):
1) The Goodyear Tire and Rubber Company, 200 Innovation Way, Akron, Ohio 44316; and
2) Bridgestone Americas, Inc., 200 4th Avenue South, Nashville, Tennessee 37201
Contract Amount: Not to exceed $700,000.00
Funding Source: 2024 Budget/Department of Public Works, Division of Motors NW011-060-0602-71850-B2024 and NW011-060-0602-83650-B2024/Department of Water and Sewer Utilities/NW037-750-7502-71840-B2024 and NW037-750-83640-B2024
Contract Period: Upon approval by the Municipal Council through June 30, 2027, inclusive of any extensions by the State
Contract Basis: ( ) Bid (X) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
This State Contract will provide tires, tubes, and services for the Department of Public Works, Division of Motors and the Department of Water and Sewer Utilities.
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WHEREAS, the City of Newark, through its Interim Purchasing Agent, wishes to utilize State contract M8000 Tires, Tubes, and Services-Statewide #25-FLEET-81812 and 25-FLEET-82627 to purchase tires, tubes, and services for the Department of Public Works, Division of Motors and Department of Water & Sewer Utilities from an authorized vendor under the New Jersey Cooperative Purchasing Program 1-NJCP, pursuant to N.J.A.C. 5:34-7.29; and
WHEREAS, the purchase of goods and services by local contracting units without advertising for bids is authorized by Local Public Contracts Law, N.J.S.A. 40A: 11-12 where such goods and services are purchased under any contract entered into on behalf of the State of New Jersey by the Division of Purchase and Property in the Department of Treasury; and
WHEREAS, in accordance with N.J.S.A. 40A:11-12, N.J.S.A. 52:25-16.1 et seq. and N.J.A.C. 5:34-7.29 all Cooperative Purchasing Program participants are responsible for ensuring that the Purchase Orders issued reflects the correct item pricing and that payment is processed accordingly. Only the items/services specified in the applicable State Contract(s) may be purchased from the contract vendor(s) of record. Cooperative Purchasing participants assume full responsibility for all purchase transactions issued through State Contracts, including Purchase Orders, delivery compliance and payments; and
WHEREAS, the City wishes to utilize State Contract M8000 Tires, Tubes, and Services-Statewide #25-FLEET-81812 and 25-FLEET-82627 awarded to The Goodyear Tire & Rubber Company, 200 Innovation Way, Akron, OH 44316 and Bridgestone Americas, Inc., 200 4th Avenue South, Nashville, TN 37201 to purchase tires, tubes, and services at a cost not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00); and
WHEREAS, the Interim Purchasing Agent recommends the utilization of State Contract M8000 Tires, Tubes, and Services-Statewide #25-FLEET-81812 and 25-FLEET-82627 to provide tires, tubes, and services for the Department of Public Works, Division of Motors and Department of Water & Sewer Utilities.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Pursuant to N.J.S.A. 40:11-1 et seq., and N.J.A.C. 5:34-7.29, the Interim Purchasing Agent is authorized to utilize State Contract M8000 Tires, Tubes, and Services-Statewide #25-FLEET-81812 & 25-FLEET-82627 to purchase tires, tubes, and services from the following vendors: The Goodyear Tire & Rubber Company, 200 Innovation Way, Akron, OH 44316 and Bridgestone Americas, Inc., 200 4th Avenue South, Nashville, TN 37201. Said purchase shall be for the Department of Public Works, Division of Motors and the Department of Water & Sewer Utilities. The authorization granted by this Resolution shall be for the period commencing upon its approval by the Municipal Council through June 30, 2027, inclusive of extensions by the State.
2. All purchases, Purchase Orders and other related documentation shall be in accordance with the relevant State Contract, New Jersey Standard Terms and Conditions, Method of Operation and Third Party Agreement, if applicable, as contained in the State Contract documentations and agreements.
3. There shall be no amendments of this Resolution without the approval of the Municipal Council.
4. There shall be no advance payment of this State Contract in accordance with N.J.S.A. 40A:5-16.
5. This contract is awarded as an open-ended contract; pursuant to N.J.A.C. 5:30-5.5(d)(2). A Certification of the Availability of Funds shall be executed each time a purchase order is placed and charged against the following Funding Sources, as appropriate: the 2024 Budget/Department of Public Works, Division of Motors NW011-060-0602-71850-B2024 and/or NW011-060-0602-83650-B2024; and the 2024 Budget/Department of Water & Sewer Utilities NW037-750-7502-71840-B2024 and/or NW037-750-83640-B2024. The total contract amount shall not exceed Seven Hundred Thousand and Dollars Zero Cents ($700,000.00).
6. This contract complies with Local Pay-to- Play Law, N.J.S.A. 19:44A-20.5, as a State Contract award and constitutes a Fair and Open Procedure.
7. The Division of Central Purchasing shall file a duly executed copy of the contract in the Office of the City Clerk, if applicable.
8. If required by State Law, the City Clerk shall provide the appropriate Notice of Award of this contact 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 of the City of Newark and/or his designees, the Interim Purchasing Agent and/or the Business Administrator to utilize State Contract M8000 Tires, Tubes, and Services-Statewide #25-FLEET-81812 and 25-FLEET-82627 to purchase tires, tubes, and services from The Goodyear Tire & Rubber Company, 200 Innovation Way, Akron, OH 44316 and Bridgestone Americas, Inc., 200 4th Avenue South, Nashville, TN 37201 for the Department of Public Works, Division of Motors and Department of Water & Sewer Utilities for the period commencing upon adoption of this Resolution by the Municipal Council through June 30, 2027. The total contract amount shall not to exceed Seven Hundred Thousand and Zero Cents ($700,000.00).