Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) #24-COMG-86431 and #24COMG-86430, T0081 Gases Medical Specialty and Industrial State Wide
Purpose: To purchase Gases Medical Specialty and Industrial State Wide for the Department of Public Safety
Entity Name(s)/Address(s):
1. AGL Welding Supply Company Inc. 600 Route 46 West, Clifton, New Jersey 07015-8591
2. Linde Gas and Equipment, Inc. 10 Riverview Drive Danbury, Connecticut 06810-26713
Contract Amount: Not to exceed $350,000.00
Funding Source: Budget/Department of
1. Public Safety/NW011-190-1902, 011-190-1903, 011-190-1904(Various accounts and budget years) All allowable and approved Public Safety Grants and Capital.
2. Department of Public Works, Division of Motors/011-060-0602-83550-B2026;
3. Water and Sewer Utilities/037-750-7502-71530-B2026;
Contract Period: October 1, 2024 through September 30, 2028, 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 is an open-ended contract.
To purchase Gases Medical Specialty and Industrial State Wide for the Department of Public Safety, Division of Motors and the Department of Water and Sewer Utilities for the purchase and delivery of necessary gases, cylinders, and related equipment.
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WHEREAS, the City of Newark (the “City”), through its Qualified Purchasing Agent, wishes to utilize State Contracts #24-COMG86431 and #24COMG-86430, T0081, Gases Medical, Specialty and Industrial Cylinders & Equipment State Wide to be used for the Department of Public Safety, Public Works, Division of Motors and Water and Sewer Utilities, 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/services by local contracting units are authorized by Local Public Contracts Law, N.J.S.A. 40A:11-12; and
WHEREAS, in accordance with N.J.S.A. 40A:11-11(5), N.J.S.A. 52:25-16.1 et seq. and N.J.A.C. 5:34-1.7 all Cooperative Purchasing Program participants are responsible for ensuring that the Purchase Order issued reflects the correct contract 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 #24-COMG86431 and #24-COMG86430, T0081 - Gases, Medical, Specialty and Industrial Cylinders & Equipment Statewide, to enter into an Agreement with AGL Welding Supply Company, Inc., 600 Route 46 West, Clifton, New Jersey 07015, and Linde Gas and Equipment, Inc., 10 Riverview Drive, Danbury, Connecticut 06810, for the benefit of the Department of Public Safety, Department of Public Works, Division of Motors, and Water and Sewer Utilities, for the purchase and delivery of Medical, Specialty, and Industrial Gases, Cylinders, and Related Equipment, for the period commencing upon adoption of this Resolution by the Municipal Council through September 30, 2028, inclusive of any extensions by the State; and
WHEREAS, the Qualified Purchasing Agent recommends the utilization of the State Contract to purchase Gases Medical, Specialty and Industrial Cylinders & Equipment State Wide to be used by the Department of Public Safety, Department of Public Works, Division of Motors, and Water and Sewer Utilities for the purchase and delivery of necessary gases, cylinders, and related equipment for an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00); and
WHEREAS, funding for said purchase(s) will be provided from the Department of Engineering, (1) Public Safety/NW011-190-1902, 011-190-1903, 011-190-1904(Various accounts and budget years) All allowable and approved Public Safety Grants and Capital, (2) Department of Public Works, Division of Motors/011-060-0602-83550-B2026,(3) Water and Sewer Utilities/037-750-7502-71530-B2026 at an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00) per year; and
WHEREAS, the availability of funds shall be certified by the Chief Financial Officer whenever purchase orders are issued pursuant to aforementioned State Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Pursuant to N.J.S.A. 40A:11-12 and N.J.A.C. 5:34-7.29, the Mayor of City of Newark and/or his designee, the Qualified Purchasing Agent, are authorized to utilize State Contract T0081 Gases Medical, Specialty and Industrial Cylinders & Equipment State Wide #24-COMG86431 and 24COMG-86430, , to enter into an agreement with AGL Welding Supply Company Inc. 600 Route 46 West, Clifton, New Jersey 07015 and Linde Gas and Equipment, Inc. 10 Riverview Drive Danbury, Connecticut 06810, to purchase Gases Medical Specialty and Industrial State Wide, to be used by the Department of Public Safety, Department of Public Works, Division of Motors, and Water and Sewer Utilities, for the purchase and delivery of necessary gases, cylinders, and related equipment., for an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00) per year for the period commencing upon approval of this Resolution by the Municipal Council through September 30, 2028, 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 to this Resolution without the approval of the Municipal Council.
4. There shall be no advance payment on this State Contract in accordance with N.J.S.A. 40A:5-16.
5. The Contract is being 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, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed each time a purchase order is placed and charged against the following Funding Sources:
Department of Public Safety
011-190-1902,
011-190-1903,
011-190-1904
(Various accounts and budget years) All allowable and approved
Public Safety Grants and Capital - $150,000.00
Department of Public Works, Division of Motors
011-060-0602-83550-B2026- $50,000.00
037-750-7502-71530-B2026-$150,000.00
6. There shall be no amendments of this Resolution without the approval of the Municipal Council.
7. There shall be no advance payments of this State Contract in accordance with N.J.S.A. 40A:5-16.
8. 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 Process.
9. The Division of Central Purchasing shall file a duly executed copy of the contract, along with a certified copy of this Resolution the Office of the City Clerk.
10. If required by state law, the Acting 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 July 1, 2025.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Qualified Purchasing Agent, to utilize State Contract T0081, Gases Medical, Specialty and Industrial Cylinders & Equipment State Wide #24-COMG86431 and 24COMG-86430, , to enter into an agreement with AGL Welding Supply Company Inc. 600 Route 46 West, Clifton, New Jersey 07015 and Linde Gas and Equipment, Inc. 10 Riverview Drive Danbury, Connecticut 06810, to purchase Gases Medical, Specialty and Industrial Cylinders & Equipment State Wide, for the Department of Public Safety, Department of Public Works, Division of Motors and Water and Sewer Utilities for the purchase and delivery of necessary gases, cylinders, and related equipment, for the period commencing upon adoption of this Resolution by the Municipal Council through September 30, 2028, inclusive of any extensions by the State, for a Contract Amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00).