Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying ( X) Authorizing ( X ) Amending
Type of Service: Use of State Contract(s) T1845 Ultra-Low Sulfur Diesel and Biodiesel Fuel #19-FOOD-01100
Purpose: Amending Resolution 7R1-g adopted on January 10, 2024, to include additional funding sources and increase contract amount.
Entity Name(s)/Address(s): National Fuel Oil, Inc.; 75 Orange Street, Newark, New Jersey 07103
Contract Amount: Not to Exceed $1,600,000.00
Funding Source: Department of Public Works, Division of Motors NW011-060-0602-83520-B2026 and Department of Water and Sewers Utilities NW037-750-7502-83510-B2026/NW038-800-8003-83510-B2026
Contract Period: Commencing upon municipal council approval through March 31, 2027, inclusive of any subsequent extensions granted 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:
Resolution 7R1-h adopted on November 2, 2022, authorized the use of a State Contract, #T1845 Master Blanket PO #19-FOOD-01100 Ultra Low Sulfur Diesel and Biodiesel Fuel, at a contract amount not to exceed Eight Hundred Thousand Dollars and Zero Cents ($800,000.00), for the Department of Public Works, Division of Motors for the duration of April 1, 2020, through March 31, 2025, inclusive of any extension by the State.
Amended Resolution 7R1-g adopted on January 10, 2024, authorized the inclusion of the Department of Water & Sewer Utilities in addition to increasing the current contract amount by Ten Thousand Dollars and Zero Cents ($10,000.00), for an increased total contract amount not to exceed Eight Hundred Ten Thousand and Zero Cents ($810,000.00).
This Resolution will provide additional funding sources and increasing the contract amount by Seven Hundred Ninety Thousand Dollars and Zero Cents ($790,000.00), for an increased total contract amount not to exceed One Million Six Hundred Thousand Dollars and Zero Cents ($1,600,000.00), to purchase Ultra-Low Sulfur Diesel and Biodiesel for the Department of Public Works, Division of Motors and the Department of Water & Sewer Utilities. All other contract terms and conditions will remain the same.
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WHEREAS, on November 2, 2022, the Municipal Council adopted Resolution 7R1-h authorizing them to utilize the state contract #T1845 Master Blanket PO #19-FOOD-01100 awarded National Fuel Oil, Inc. 175 Orange Street, Newark, New Jersey 07103 to purchase Diesel and Biodiesel Fuel for the use of the City of Newark Fleet to be utilized by the Department of Public Works, Division of Motors at an amount not to exceed Eight Hundred Thousand Dollars and Zero Cents ($800,000.00); and
WHEREAS, the Department of Water and Sewer Utilities notified the Division of Central Purchasing of their interest to utilize the contract with National Fuel Oil, Inc. 175 Orange Street, Newark, New Jersey 07103 at a cost not to exceed an amount of Ten Thousand Dollars and Zero Cents ($ 10,000.00); and
WHEREAS, on January 10, 2024, pursuant to N.J.S.A. 40A:11-12 and N.J.A.C. 5:34-29, the Municipal council adopted Resolution 7R1-g authorizing the City of Newark ("City") to amend prior Resolution 7R1-h adopted November 2, 2022, to include the Department of Water & Sewer Utilities to utilize state contract and provide additional funding sources in addition to increasing the contract amount by Ten Thousand Dollars and Zero Cents ($10,000.00), for an increased total contract amount to exceed Eight Hundred Ten Thousand Dollars and Zero Cents ($810,000.00); and
WHEREAS, the Department of Public Works, Division of Motors and Department of Water & Sewer Utilities notified the Division of Central Purchasing of their interest to increase the contract with National Fuel Oil, Inc. 175 Orange Street, Newark, New Jersey 07103 at a cost not to exceed an amount of Seven Hundred Ninety Thousand Dollars and Zero Cents ($790,000.00) for an amended total contract not to exceed the amount of One Million Six Hundred Thousand Dollars and Zero Cents ($1,600,000.00); and
WHEREAS, all other contract terms and conditions will remain the same.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Resolution 7R1-g adopted on January 10, 2024 is amended to increase the contract amount to utilize the state contract #T1845 Master Blanket PO #19-FOOD-01100 awarded to National Fuel Oil, Inc. 175 Orange Street, Newark, New Jersey 07103 for the purchase of Ultra-Low Sulfur Diesel and Biodiesel Fuel for the period commencing upon the municipal council approval through March 31, 2027, inclusive of any subsequent extensions to the term of the contract done by the State.
2. This contract amount shall be increased by an amount not to exceed One million Six Hundred Thousand Dollars and Zero Cents ($1,600,000.00).
3. There shall be no amendment or change of this contract without the approval of the Municipal Council by Resolution.
4. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16. Funds for 2022 and subsequent years are contingent upon appropriations, pursuant to N.J.A.C. 5:30-5.5(d)(2).
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(b)(2), shall be executed before a contractual liability is incurred each time an order is placed from Account Code Line Department of Public Works, Division of Motors NW011-060-0602-83520-B2026 and Department of Water and Sewers Utilities NW037-750-7502-83510-B2026/NW038-800-8003-83510-B2026. This contract shall not exceed One Million Six Hundred Thousand Dollars and Zero Cents ($1,600,000.00) for a period commencing upon the municipal council approval through March 31, 2027, inclusive of any extension by the State.
6. The Qualified Purchasing Agent, QPA, shall file a copy of this Resolution and the duly executed copy of the contract in the Office of the City Clerk.
7. 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 authorizes and amends Resolution 7R1-g adopted on January 10, 2024 to increase the contract amount to utilize the state contract #T1845 Master Blanket PO #19-FOOD-01100 awarded to National Fuel Oil, Inc. 175 Orange Street, Newark, New Jersey 07103, and increase the contract amount by $790,000.00 for an amended total contract not to exceed the amount of $1,600,000.00, for the period commencing upon the Municipal Council's approval of this Resolution until , inclusive of any extensions by the State. All other contract terms and conditions will remain the same.