Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) M-0003 # 77003, 77562, 77560
Purpose: Software License and Related Services
Entity Name(s)/Address(s):
Dell Marketing LP
One Dell Way
Round Rock, Texas 78682
En Pointe Technologies Sales Inc.
18701 S. Figueroa St.
Gardena, California 90248
SHI International Corp.
290 Davidson Ave.
Somerset, New Jersey 08873
Contract Amount: Not to exceed $700,000.00 for three (3) vendors for the period beginning on the date of adoption of this authorizing Resolution and ending on June 30, 2015.
Funding Source: City of Newark Budget, Department of Police
Contract Period: Upon authorization by Municipal Council through June 30, 2015, inclusive of 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
Entity Name/Address: (Use only for long list)
Additional Information:
body
WHEREAS, the City of Newark through its Purchasing Director wishes to utilize the Software License & Related Service contract identified below, to purchase products or services from 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 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 following vendors have been awarded a State Contract under the term contract #M0003 for the purchase of Software License & Related Service, respectively for the period July 1, 2010, to June 30, 2015.
# 77003 Dell Marketing LP
One Dell Way, Round Rock, Texas 78682
# 77562 En Pointe Technologies Sales Inc.
18701 S. Figueroa St. Gardena, California 90248
#77560 SHI International Corp.
290 Davidson Ave., Somerset, New Jersey 08873
WHEREAS, the Purchasing Director recommends the utilization of these State Contract awards on the grounds that they provide, Software License & Related Service, according to specifications required by the City of Newark, Department of Police; and
WHEREAS, usage of these contracts provides the licenses, maintenance and related service required to operate and maintain the Police Department's computer equipment, programs, and provide software support and upgrade services at a cost not to exceed $700,000.00 for three (3) vendors for the period beginning on the date of adoption of this authorizing Resolution and ending on June 30, 2015; and
WHEREAS, the Chief Financial Officer will certify the availability of funds before orders are placed.
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 Director is authorized to utilize term contract #M0003 which includes the following State Contracts: contract # 77003 Dell Marketing LP, #77562 En Pointe Technologies Sales Inc., and #77560 SHI International, to provide SOFTWARE LICENSE & RELATED SERVICE, to the City of Newark for the period commencing from the date this resolution is authorized by the Municipal Council until June 30, 2015.
2. As required by the Method of Operation for Term Contract #M-0003 and the above-mentioned state contracts, purchases will be made as follows.
A. All Microsoft products and licenses shall be purchased from Dell.
B. All Hewlett Packard and IBM software shall be purchased from En Pointe and SHI. The Purchasing Director shall request quotes from both contractors and accept the best price.
C. For all other software purchases, the Purchasing Director shall obtain three (3) quotes, one (1) from each software contractor (Dell, En Pointe and SHI), and accept the lowest priced quote and issue a purchase order to the contractor with the lowest price.
3. All purchases, purchase orders and documents shall be in accordance with the relevant State contract, State of N.J. Standard Terms and Conditions, Method of Operation and Three Party Agreement (if applicable), copies of which are attached hereto and made a part hereof.
4. The Purchasing Director shall review all documents, price quotes and Scopes of Work submitted by the vendors to ensure that the terms in the quotes and/or Scopes of Work do not conflict with the terms of the relevant State contract or Standard Terms and Conditions.
5. There shall be no amendment of this resolution without the approval of the Municipal Council.
6. 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).
7. This contract is awarded as an open ended contract; pursuant to N.J.A.C. 5:30-5.5(d) (2). Certification of the Availability of Funds shall be executed each time a purchase order is placed and charged against this contract. This contract shall not exceed $700,000.00 for three (3) vendors for the period beginning on the date of adoption of this authorizing Resolution and ending on June 30, 2015.
8. This contract complies with Local Pay to Play, N.J.S.A. 19:44A-20.5 as a state contract award and constitutes a fair and open procedure.
9. The Purchasing Director shall forthwith file a duly executed copy of the contract in the Office of the City Clerk.
10. If required by the State Law, the City Clerk shall provide the appropriate notice of the authorization by Municipal Council to use this State contract to the State Comptroller no later than 20 business days following such authorization, 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 usage of term contract # M0003 which includes a State Contract award to Dell Marketing LP, En Pointe Technologies Sales Inc., and SHI International, to provide Software License & Related Service for the period upon authorization by Municipal Council through June 30, 2015, at a cost not to exceed $700,000.00 for said period for all three (3) vendors.