Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Extension of Emergency Contract #E2022-10
Purpose: To extend the delivery of Compressed Natural Gas for the City’s Refuse Removal Vehicles.
Entity Name: Clean Energy, Corp.
Entity Address: P.O. Box 676911, Dallas, Texas 757267
Contract Amount: Not to exceed $50,000.00
Funding Source: 2023 Budget/Department of Public Works/Business Unit: 011, Dept: 060, Div/Project: 0602, Account #83570
Contract Period: Extended an additional ninety (90) days from December 29, 2022 through March 28, 2023
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:
The first extension of Emergency Contract #E2022-10 was adopted as 7R1-g on December 7, 2022 in an amount not to exceed $50,000.00 for the period of September 29, 2022 through December 28, 2022.
This second extension of Emergency Contract #E2022-10 is for an additional ninety (90) days in an amount not to exceed $50,000.00 for the period of December 29, 2022 through March 28, 2023.
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WHEREAS, on June 29, 2022 the Department of Public Works requested a declaration of emergency for the supplying of compressed natural gas to eight (8) of the city’s natural refuse trucks; and
WHEREAS, on June 29, 2022 pursuant to N.J.S.A. 40A: 11-6 and N.J.A.C. 5:34-6.1(a)3, the Qualified Purchasing Agent, QPA, approved the aforementioned request and the Department of Public Work entered into an Emergency #E2022-10 Contract for the period of June 29, 2022, through September 28, 2022 with an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) for Clean Energy, Corp P.O. Box 676911, Dallas, TX 75267. (A copy of Emergency Contract # E-2022-10 is attached hereto and made a part of this resolution); and
WHEREAS, a first extension of emergency contract #E2022-10 was adopted as 7R1-g on December 7, 2022 in an amount not to exceed $50,000 for the period September 29, 2022 through December 28, 2022; and
WHEREAS, the Department of Public Works continues to be in immediate and emergent need for Compressed Natural Gas to fuel eight (8) of the City’s alternative gas refuse trucks to continue the collection of refuse throughout the City of Newark commencing for the period between December 29, 2022 through March 28, 2023; and
WHEREAS, N.J.S.A. 40A:11-6 provides that Emergency Contracts may be entered into when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services; and
WHEREAS, the Department of Public Works desires to ratify and extend Emergency Contract #2022-10 for the period commencing from December 29,2022 to March 28, 2023 for the total amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00); and
WHEREAS, N.J.A.C. 5:34-6.1(a)3 provides that the emergency purchasing procedure may be used when the need for such goods or services has arisen notwithstanding a good faith effort on the part of a municipality to plan for the purchase of any goods or services required by the municipality; and
WHEREAS, it is a matter of public health, safety and welfare that the above-described emergency contract be extended because the City of Newark still needs to ensure the safe and uninterrupted services and any interruption of the services would pose an imminent harm to the health, safety and welfare of the residents if refuse is not removed; and
WHEREAS, City Ordinance 6PSF-e adopted on April 6, 2011, Article 2:5-13.2 (E)(1)(b)(c) limits the period of Emergency Contracts to ninety (90) days and no extensions of Emergency Contracts shall be permitted without authorization by the Municipal Council by resolution; and
WHEREAS, The Municipal Council has the exclusive authority to extend an emergency; and
WHEREAS, the Department of Public Works now seeks authorization by the Municipal Council to ratify and extend the emergency to prevent interruption of Refuse collection throughout the City.
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, QPA, are hereby authorized to extend an extension of Emergency Contract #E2022-10 with Clean Energy, Corp. P.O. Box 676911, Dallas, TX 757267 for the period commencing on December 29, 2022 through March 28, 2023 for a total amount to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) for one (1) vendor for the City Of Newark.
2. This extension will allow for the continuation of the receipt of Compressed Natural Gas to fuel eight (8) of the City’s alternative gas refuse trucks so that they can continue to collect trash throughout the City of Newark.
3. The extension of Emergency Contract #E2022-10 is ratified from December 29, 2022 to the date of adoption of this authorizing Resolution and until March 28, 2023.
4. Attached hereto is a Certification of Funds in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) from the Director of Public Works and the line appropriation of the Official Budget which shall be charged is Business 011- Dept:060 Div/Project: 0602 Account: 83570 Budget: B2023.
5. The Qualified Purchasing Agent, for the City of Newark, has filed a copy of Emergency Contract #E2022-10, attached hereto, with the Office of the City Clerk.
6. If required by State Law, the City Clerk shall provide the appropriate notice of the 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 ratifies and authorizes the Mayor and/or his designees, the Business Administrator and/or the Purchasing Agent, QPA, to extend Emergency Contract #E2022-10 with Clean Energy, Corp. P.O. Box 676911, Dallas, TX 757267; for provisions of the delivery of Compressed Natural Gas for City Refuse Removal Vehicles, for the period commencing on December 29, 2022 through March 28, 2023, for a total amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00).