File #: 13-1456    Version: 1 Name:
Type: Resolution Status: Filed
File created: 7/18/2013 In control: Water Sewer Utility
On agenda: 8/7/2013 Final action: 8/7/2013
Title: Dept/ Agency: Water & Sewer Utilities Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Contract for Sale of Water Purpose: Sale of water from the City of Newark's Pequannock Water supply System to The City of East Orange Board of Water Commissioners Entity Name: The City of East Orange Board of Water Commissioners Entity Address: 99 South Grove Street, East Orange, New Jersey 07018 Contract Amount: $2,542.76 per Million Gallons Contract Period: August 15, 2013 to August 14, 2023 Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS ( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a Property Location: (Acre(s)/Block/Lot/City/State) N/A Additional Information:
Title
Dept/ Agency:  Water & Sewer Utilities
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service: Contract for Sale of Water
Purpose:  Sale of water from the City of Newark's Pequannock Water supply System to  The City of East Orange Board of Water Commissioners
Entity Name:    The City of East Orange Board of Water Commissioners
Entity Address:     99 South Grove Street, East Orange, New Jersey 07018      
Contract Amount:  $2,542.76 per Million Gallons
Contract Period:  August 15, 2013 to August 14, 2023
Contract Basis: (   ) Bid   (   ) State Vendor   (   ) Prof.  Ser.   (   ) EUS   
(   ) Fair & Open   (   ) No Reportable Contributions   (   ) RFP   (   ) RFQ
(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (X) n/a
Property Location:
(Acre(s)/Block/Lot/City/State)
   N/A                        
Additional Information:
body
 
WHEREAS, through Resolution 7RCA, adopted on March 16, 2005, the Municipal Council authorized the City of Newark to enter into an agreement with the City of East Orange Board of Water Commissioners for the supply of water from the City's Pequannock Water Supply System, for the period of January 1, 2005 to December 31, 2005; and
 
WHEREAS, the previous Agreement with the City of East Orange Board of Water Commissioners for potable water supply expired on December 31, 2005 and the City of East Orange Board of Water Commissioners desires to enter into a new agreement with the City of Newark for the supply of potable water from the Pequannock Water Supply System; and
 
WHEREAS, the City of Newark desires to enter into and execute a new agreement, in the form attached hereto, to cover the period August 15, 2013 to August 14, 2023, a period of ten (10) years, for the supply of potable water to the City of East Orange Board of Water Commissioners from the Pequannock Water System of the City of Newark.
 
NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY THAT:
 
1.      The Mayor and/or his designee, the Acting Director of the Department of Water and Sewer Utilities, is hereby authorized to enter into and execute an Agreement, in the form attached hereto, with the City of East Orange Board of Water Commissioners for the supply of potable water from the City's Pequannock Water System to the City of East Orange Board of Water Commissioners, for the period August 15, 2013 to August 14, 2023, a period of ten (10) years, subject to approval by the New Jersey Department of Environmental Protection, at the current rate of $2,542.76 per Million Gallons, subject to Excess Volume Rates and future COLA increases.
 
2.      This agreement is awarded without competitive bidding pursuant to N.J.S.A. 40A:11-5(2) because the contracting parties are New Jersey municipalities.
 
3.      No Municipal Funds need be expended for this Resolution.
 
4.      The Acting Director of the Department of Water and Sewer Utilities shall forward a copy of this Resolution and Agreement to the Division of Water Resources, Bureau of Water Supply of the New Jersey Department of Environmental Protection Agency, and the North Jersey District Water Supply Commission which is subject to the approval of the aforementioned.
 
5.      This attached agreement shall become effective August 15, 2013 and shall remain in force as provided in said Agreement.  Any changes to the agreement will require the approval of the Newark Municipal Council.
 
6.      An executed copy of this Agreement shall be filed in the Office of the City Clerk by the Acting Director of the Department of Water and Sewer Utilities.
 
 
STATEMENT
 
This Resolution authorizes the Acting Director of the Department of Water and Sewer Utilities to enter into and execute an Agreement with the City of East Orange Board of Water Commissioners for the supply of potable water to the City of East Orange Board of Water Commissioners from the City of Newark's Pequannock Water System for the period August 15, 2013 to August 14, 2023, a period of ten (10) years, subject to approval by the New Jersey Department of Environmental Protection, at the current rate of $2,542.76 per Million Gallons subject to Excess Volume Rates and future COLA increases.