Title
Dept/ Agency: Administration/Office of Information Technology
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Use of State Contract(s) #M8001- Walk-in Building Supplies
Purpose: To amend Resolution to increase the contract amount and add the Department of Public Works, Division of Public Buildings and Division of Sanitation as participating departments for the purchase of Walk-In Building Supplies.
Entity Name(s)/Address(es):
1. Home Depot USA Inc., 2455 Paces Ferry Road, Atlanta, GA 3033
2. Lowe's Home Centers, LLC, 1000 Lowe's Boulevard, Mooresville, NC 28117
Contract Amount: not to exceed $450,000.00
Funding Source: 2025/2026 Budget/Department of Water and Sewer Utilities, NW037-750-7502-83730-B2025-B2026 and NW038-800-8003-83740-B2025-B2026, Department of Public Works, Division of Public Buildings NW011-060-0604-83870-B2026, Department of Public Works, Division of Sanitation
NW011-060-0605-83870-B2026
Contract Period: Commencing upon Municipal Council approval
Home Depot USA Inc., Through December 31, 2026 and Lowe's Home Centers, LLC, Through July 31, 2027 inclusive of 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:
This amendment provides additional funding sources, increases the authorized contract amount by $150,000.00 and adds the Department of Public Works, Division of Public Buildings and Division of Sanitation as participating departments authorized to purchase Walk-In Building Supplies under the referenced State Contracts.
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WHEREAS, Resolution 7R1-aj adopted August 6, 2025, by the Municipal Council, authorized the City of Newark to utilize State Contract M8001 Walk-In Building Supplies #18-FLEET-00234 and #23-FLEET-22885 with Home Depot USA Inc. and Lowe's Home Centers, LLC to provide Walk-In Building Supplies for the Department of Water and Sewer Utilities in an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00); and
WHEREAS, N.J.S.A. 40A:11-12 authorizes local contracting units to purchase goods and services without public advertising for bids under contracts awarded by the State of New Jersey Division of Purchase and Property; and
WHEREAS, the Department of Public Works has requested to utilize the referenced State Contracts for the Division of Public Buildings and the Division of Sanitation to purchase Walk-In Building Supplies necessary for the maintenance and operation of City facilities and public infrastructure; and
WHEREAS, additional funding in the amount of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) is required to accommodate the operational needs of the additional user departments, increasing the total contract authorization to Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00); and
WHEREAS, N.J.A.C. 5:34-7.29 requires that purchases made under State Contract comply with the terms and conditions established by the New Jersey Division of Purchase and Property and utilize the NJCP identifier.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Resolution 7R1-aj adopted August 6, 2025 is hereby amended to authorize the Mayor and/or his designees, the Business Administrator, or the Qualified Purchasing Agent to provide additional funding sources for State Contract M8001 Walk-In Building Supplies #18-FLEET-00234 and #23-FLEET-22885 with Home Depot USA Inc., 2455 Paces Ferry Road, Atlanta, Georgia 30339, and Lowe's Home Centers, LLC, 1000 Lowe's Boulevard, Mooresville, North Carolina 28117, for the purchase of Walk-In Building Supplies for the Department of Water and Sewer Utilities and the Department of Public Works, Division of Public Buildings and Division of Sanitation.
2. The contract amount is hereby increased by One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), resulting in a revised contract amount not to exceed Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00).
3. The contract terms shall remain as follows:
• Home Depot USA Inc. - Through December 31, 2026, inclusive of any extensions granted by the State.
• Lowe's Home Centers, LLC - Through July 31, 2027, inclusive of any extensions granted by the State.
4. This contract continues to be awarded as an open-ended contract pursuant to N.J.A.C. 5:30-5.5(d)(2). A Certification of Availability of Funds shall be executed prior to the issuance of each purchase order and charged against the following funding sources: NW037-750-7502-83730-B2025-B2026, NW038-800-8003-83740-B2025-B2026, NW011-060-0604-83870-B2026 and NW011-060-0605-83870-B2026
5. All remaining terms and conditions of the original Resolution shall remain unchanged and in full force and effect.
6. There shall be no amendments to this Resolution without approval of the Municipal Council.
7. There shall be no advance payment under this State Contract in accordance with N.J.S.A. 40A:5-16.
8. This contract is awarded pursuant to a fair and open process within the meaning of N.J.S.A. 19:44A-20.7 as a purchase made under a State Contract.
9. If applicable, the Division of Central Purchasing shall file a duly executed copy of this Resolution in the Office of the City Clerk.
STATEMENT
This Resolution authorizes and amends Resolution 7R1-aj adopted on August 6, 2025, to provide additional funding sources and adding the Department of Public Works, Division of Public Buildings and Division of Sanitation as participating departments for State contract M8001 Walk-In Building Supplies #18-FLEET-00234 and #23-FLEET-22885 with Home Depot USA Inc., 2455 Paces Ferry Road, Atlanta, Georgia 30339, and Lowe's Home Centers, LLC, 1000 Lowe's Boulevard, Mooresville, North Carolina 28117, for a total not-to-exceed contract amount of Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00); The contract terms remain through December 31, 2026 for Home Depot USA Inc. and July 31, 2027 for Lowe's Home Centers, LLC, inclusive of any State-authorized extensions.