Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) #T0077 Heating Fuel Oil, Blanket P.O. 17-FOOD-00399 and 17-FOOD-00400
Purpose: To purchase Heating Fuel Oil.
Entity Name(s)/Address(s):
1) National Fuel Oil, Inc., 175 Orange Street, Newark, New Jersey 07103; and
2) Rachles/Micheles Oil Co., 116 Kuller Road, Clifton, New Jersey 07011
Contract Amount: Not to exceed $200,000.00
Funding Source: 2023 Budget/Department of Water and Sewer Utilities/NW037-750-7502-83540-B2023
Contract Period: Upon approval by the Municipal Council, through June 30, 2023, 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 contract will provide heating fuel oil to the City’s Department of Water and Sewer Utilities on an as-needed basis.
body
WHEREAS, the City of Newark, through its Qualified Purchasing Agent, wishes to utilize State contract #T0077, Blanket PO 17-FOOD-00399 and 17-FOOD-00400 to purchase Heating Fuel Oil on an as-needed basis for the Department of Water and Sewer Utilities, from authorized vendors under the New Jersey Cooperative Purchasing Program 1-NJCP, pursuant to N.J.S.A. 5:34-7.29; and
WHEREAS, the purchase of goods and 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. 40A11-11(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 Orders issued reflects the correct 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 Qualified Purchasing Agent recommends the utilization of State Contract #T0077, Blanket PO 17-FOOD-00399 awarded to National Fuel Oil Inc., 175 Orange Street, Newark, New Jersey 07103 and 17-FOOD-00400 awarded to Rachles/Micheles Oil Co., 116 Kuller Road, Clifton, New Jersey 07011 to purchase Heating Fuel Oil at an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), upon approval of this resolution by the Municipal Council through June 30, 2023, inclusive of any extensions granted by the State.
NOW, THEREFORE, BE IT RESLOVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Pursuant to N.J.S.A. 40:11-1 et seq. and N.J.A.C. 5:34-7 .29, the Purchasing Agent is authorized to utilize State Contract #T0077 Blanket PO 17-FOOD-00399 awarded to National Fuel Oil Inc., 175 Orange Street, Newark, New Jersey 07103 and 17-FOOD-00400 awarded to Rachles/Micheles Oil Co., 116 Kuller Road, Clifton, New Jersey 07011 to purchase Heating Fuel Oil on an as-needed basis for the Department of Water and Sewer Utilities, for the period commencing upon approval of this Resolution by the Municipal Council through June 30, 2023, 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 of this Resolution without the approval of the Municipal Council.
4. There shall be no advance payment of this State Contract in accordance with N.J.S.A. 40A:5-16.
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: NW037-750-7502-83540-B2023. This contract shall not exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00).
6. 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 Procedure.
7. The Division of Central Purchasing shall file a duly executed copy of the contract in the Office of the City Clerk, if applicable.
8. If required by State Law, the City Clerk shall provide the appropriate Notice of Award of this contact 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 the Mayor and/or his designees, the Business Administrator and/or the Qualified Purchasing Agent to utilize State Contract #T0077 Blanket PO 17-FOOD-00399 awarded to National Fuel Oil Inc., 175 Orange Street, Newark, New Jersey 07103 and 17-FOOD-00400 awarded to Rachles/Micheles Oil Co., 116 Kuller Road, Clifton, New Jersey 07011 to purchase Heating Fuel Oil for the Department of Water and Sewer Utilities, for the period commencing upon adoption of this Resolution by the Municipal Council through June 30, 2023, inclusive of extensions by the State, at an amount not to exceed $200,000.00.