Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) #M8000 Tires, Tubes and Services
Purpose: To purchase tires, tubes and services for City of Newark Fleet.
Entity Name(s)/Address(s):
1) The Goodyear Tire and Rubber Company, 200 Innovation Way, Akron, Ohio 44316 (#20-FLEET-00948); and
2) Bridgestone of America, Inc., 200 4th Avenue South, Nashville, Tennesse 37201 (#19-FLEET-00708)
Contract Amount: Not to exceed $550,000.00
Funding Source: 2022 Budget/Department of Public Works/011-060-0602-71850-B2022; 011-060-0602-83650-B2022
Contract Period: Upon approval of Municipal Council through March 31, 2024, inclusive of any extension authorized 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:
body
WHEREAS, the City of Newark through its Qualified Purchasing Agent, wishes to utilize the state contracts #20-FLEET-00948 and #19-FLEET-00708 under State Term Contract #M8000 to purchase tires, tubes and services for City of Newark Fleet, from authorized vendors 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 is 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 the State Term Contract, M8000 Tires, Tubes and Services, #20-FLEET-00948 awarded to The Goodyear Tire & Rubber Company 200 Innovation Way, Akron, OH 44316 and #19-FLEET-00708 awarded to Bridgestone of America Inc. 200 4th Avenue South, Nashville, TN 37201, to commence upon approval of Municipal Council through March 31, 2024, inclusive of any extension authorized by the State; and
WHEREAS, the Qualified Purchasing Agent recommends the utilization of these State contract awards on the grounds that they provide tires, tubes and services for City of Newark fleet according to specifications required by the Department of Public Works, Division of Motors at a cost not to exceed Five Hundred and Fifty Thousand Dollars and Zero Cents ($550,000.00).
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:11-1 et seq., and N.J.A.C. 5:34-7.29, the Purchasing Agent is authorized to utilize State Term Contract # M8000 Tires, Tubes and Services which includes vendors: The Goodyear Tire & Rubber Company 200 Innovation Way, Akron, OH 44316 and Bridgestone of America Inc 200 4th Avenue South, Nashville, TN 37201, to provide tires, tubes and services for City of Newark Fleet, for the period commencing upon approval of Municipal Council through March 31, 2024, inclusive of any extension authorized by the State.
2. All purchases, purchase orders and other related documentation shall be in accordance with the relevant State Contract, State of New Jersey Standard Terms and Conditions, Method of Operation and Third Party Agreement/Three Party Agreement (if applicable) as contained in the State Contract Documentations and Agreements.
3. There shall be no amendment of 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. Funding is contingent upon appropriation pursuant to N.J.A.C. 5:30-5.5(c).
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(d) (2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order from the following account code lines: 011-060-0602-71850-B2022; 011-060-0602-83650-B2022. This contract shall not exceed Five Hundred and Fifty Thousand Dollars and Zero Cents ($550,000.00) for the period commencing upon approval of Municipal Council through March 31, 2024, inclusive of any extension authorized by the State.
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 Purchasing Division shall file a duly executed copy of the contract(s) in the Office of the City Clerk, if applicable.
8. 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 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 Qualified Purchasing Agent and/or the Business Administrator, to use State Contract # M8000 Tires, Tubes and Services, which includes awarded vendors: The Goodyear Tire & Rubber Company and Bridgestone of America Inc., to provide tires, tubes and services for City of Newark Fleet, for the period commencing upon approval of Municipal Council through March 31, 2024, inclusive of any extension authorized by the State, at a cost not to exceed Five Hundred and Fifty Thousand Dollars and Zero Cents ($550,000.00).