Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing () Amending
Type of Service: Use of State Contract T3124 Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide# 21-FLEET-01396
Purpose: To provide Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide
Entity Name/Address: Kimco USA Inc., 118 E. Trefz Drive, Marshall, Illinois 62441
Contract Amount: Not to exceed $1,000,000.00
Funding Source: Budget/Department of Public Works, Division of Sanitation, NW011-060-0605-83710-B2026/Department of Water and Sewer Utilities, NW037-750-7502-83710-B2026
Contract Period: Commencing February 4, 2026, through February 17, 2026, 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:
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WHEREAS, N.J.S.A. 40A:11-12 authorizes local contracting units to purchase goods and services without advertising for bids when such purchases are made pursuant to a contract awarded by the Division of Purchase and Property in the New Jersey Department of the Treasury; and
WHEREAS, based upon a request of the Interim Director of the Department of Public Works and the Director of the Department of Water and Sewer Utilities, the City of Newark, through its Purchasing Agent, recommends utilizing State Contract T3124 Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide #21-FLEET-01396 to enter into agreements with Kimco USA Inc 118 E. Trefz Drive, Marshall, Illinois 62441, to provide Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide for operational and servicing needs of the Department of Public Works and the Department of Water and Sewer Utilities in an amount not to exceed $1,000,000.00; and
WHEREAS, N.J.A.C. 5:34-7.29 requires that the terms and conditions of such purchases, including pricing and payment, be binding on the local contracting unit and the vendor and that the identifier NJCP-1 be used by all contracting units purchasing under the Division of Purchase and Property's Cooperative Purchasing Program; and
WHEREAS, funding for these purchases will be provided from the Department of Water and Sewer Utilities account, NW037-750-7502-83710-B2026 and Department of Public Works, Division of Sanitation account, NW011-060-0605-83710-B2026.
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:12 and N.J.A.C. 5:34-7.29, the Mayor and/or his designees, the Business Administrator or the Qualified Purchasing Agent, are hereby authorized to utilize State Contract T3124 - Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide #21-FLEET-01396, to enter into an agreement with Kimco USA Inc., 118 E. Trefz Drive, Marshall, Illinois 62441, to provide Portable Salt Conveyors, Diesel Engine, with Accessories for the City of Newark Department of Public Works and Department of Water and Sewer Utilities for the period commencing February 18, 2021 through February 17, 2026, inclusive of any extensions granted by the State.
2. The terms and conditions of all purchases hereunder shall be in accordance with the relevant State Contract, New Jersey Standard Terms and Conditions, Method of Operation and Third-Party Agreement, if applicable.
3. This contract shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
4. This 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 shall be executed each time a purchase order is placed and charged against the funding sources: Budget/Department of Public Works, Division of Sanitation, NW011-060-0605-83710-B2026 and Department of Water and Sewer Utilities, NW037-750-7502-83710-B2026.
5. There shall be no amendments to this Resolution without the approval of the Municipal Council.
6. There shall be no advance payment under this State Contract in accordance with N.J.S.A. 40A:5-16.
7. 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 pursuant to a state contract.
8. If applicable, the Division of Central Purchasing shall file a duly executed copy of the contract in the Office of the City Clerk.
9. A copy of this Resolution and the duly executed contract shall be filed with the Office of the City Clerk.
10. 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 twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Qualified Purchasing Agent, to utilize State Contract T3124 - Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide #21-FLEET-01396, to enter into an agreement with Kimco USA Inc., 118 E. Trefz Drive, Marshall, Illinois 62441, to provide Portable Salt Conveyors, Diesel Engine, with Accessories - Statewide for the Department of Public Works and the Department of Water and Sewer Utilities at a cost not to exceed One Million Dollars ($1,000,000.00) for the period commencing February 18, 2021 through February 17, 2026, inclusive of any extensions granted by the State.