Title
Dept/ Agency: Administration/ Division of Central Purchasing
Action: ( ) Ratifying ( X ) Authorizing ( ) Amending
Type of Service: Cooperative Purchasing Agreement
Purpose: To provide Fencing-Purchase, Installation and Repair Services
Entity Address: Rosando Fence Company, Inc. T/A Fox Fence, 417 Crooks Avenue Clifton, New Jersey 07011
Contract Amount: Not to Exceed $150,000.00
Funding Source: 011-060-0604-71760-B2024
Contract Period: Upon approval of Municipal Council through November 19, 2026, inclusive of any extensions granted by ESCNJ
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:
This is a Cooperative Purchasing Agreement to provide fencing-purchase, installation, and repair services to be used by the Department of Public Works Division of Public Buildings.
Additional City Departments that wish to use this contract shall be permitted. Applicable funding sources for other City Departments will be presented with the Certification of Funds Signed by the Chief Financial Officer on an as-needed basis
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WHEREAS, On May 6, 2020, the City of Newark’s governing body adopted the Resolution 7R1-f authorizing the City’s Membership in the Educational Services Commission of New Jersey (“ESCNJ”), 1660 Stelton Road, Piscataway, New Jersey 08854, a New Jersey State approved co-op, Co-op #65MCESCCPS; and
WHEREAS, ESCNJ is a locally recognized and accepted cooperative purchasing organization that maintains competitively bid contracts through which members may purchase goods and services; and
WHEREAS, the ESCNJ has offered the City of Newark the opportunity to participate in their Cooperative Purchasing System and the membership is currently active and continuous pursuant to the ESCNJ registration renewal (attached hereto); and
WHEREAS, the City, through its Qualified Purchasing Agent, wishes to utilize the Educational Services Commission of New Jersey #65MCESCCPS Contract #ESCNJ 24/25-15 Fencing-Purchase, Installation & Repair Services from the authorized Vendor: Rosando Fence Inc. T/A Fox Fence Enterprises, 417 Crooks Avenue, Clifton, New Jersey 07011, upon approval of this resolution by the Municipal Council through November 19, 2026, inclusive of any contract extensions granted by ESCNJ; and
WHEREAS, usage of this contract will provide for the purchase of fencing, in addition to fencing installation and repair services to be used by the Department of Public Works, Division of Public Buildings, at an amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00); and
WHEREAS, the Qualified Purchasing Agent recommends the utilization of this ESCNJ contract award on the grounds that they meet the specifications required by the City of Newark Departments, inclusive but not limited to, Department of Public Works, Division of Public Buildings and provide cost savings to the City as a purchase through a cooperative purchasing system.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark, and/or his designees, the Business Administrator, and/or the Qualified Purchasing Agent, are authorized to use the Educational Services Commission of New Jersey (“ESCNJ”) Co-op Contract #65MCESCCPS-#ESCNJ 24/25-15, for the purchase of fencing and fencing installation and repair services from Rosando Fence Company Inc. T/A Fox Fence, 417 Crooks Avenue, Clifton, New Jersey 07011, inclusive but not limited to, the Department of Public Works, Division of Public Buildings.
2. All Purchase Orders and other related documentation shall be in accordance with the relevant ESCNJ Co-op Contract, including Standard Terms and Conditions, Method of Operation and Third-Party Agreement, if applicable, as contained in the Educational Services Commission of New Jersey #65MCESCCPS contract documentation 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 on this contract in accordance with N.J.S.A. 40A:5-16.
5. This is an open-ended contract to be used as needed during the term of the contract. 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 order from the following account code line 011-060-0604-71760-B2024 Department of Public Works, Division of Public Buildings. Other Agencies, Departments/Offices and applicable funding source will be presented with the certification of funds on the as needed basis. This contract shall not exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00).
6. This contract complies with Local Pay-to-Play Law, N.J.S.A. 19:44A-20.5, as a contract awarded pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq.
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 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 Qualified Purchasing Agent, to purchase Fencing, Installation and Repair Services through ESCNJ authorized vendor Rosando Fence Company, Inc. T/A Fox Fence Enterprises, 417 Crooks Avenue, Clifton, New Jersey 07011, to be used by the Department of Public Works, Division of Public Buildings, for the period commencing upon approval of the Municipal Council through November 19, 2026, at an amount not to exceed $150,000.00.