Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) T-0849 and all applicable vendors and dealers
Purpose: Purchase Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment for the City of Newark Department of Water and Sewer Utilities and the Department of Public Works
Entity Name(s)/Address(s): Whitemarsh Corporation, 80 Baekeland Avenue, Middlesex, New Jersey 08846
Contract Amount: Amount not to exceed $200,000.00
Funding Source: Department of Water and Sewer Utilities Budget, Fund: NW037, 750, 7502, 72220, B2017, $100,000.00; Department of Public Works Fund: NW011, 060, 0602, 71770, B2017, $100,000.00
Contract Period: Upon approval by Municipal Council through August 28, 2019 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
Additional Information:
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WHEREAS, the City of Newark through its Supervising Procurement Specialist and QPA, wishes to utilize the Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment, Term Contract, #T-0849 to purchase Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment for the City of Newark Department of Water and Sewer Utilities and the Department of Public Works, from authorized vendors or distributors 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 Supervising Procurement Specialist, QPA, recommends the utilization of this State contract be awarded on the grounds that it provides Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment according to specifications required by the City of Newark, Departments of Water and Sewer Utilities and Public Works; and
WHEREAS, usage of the State contracts provides the Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment required to install and/or remove and maintain the City’s Aboveground Fuel Tanks, at a cost not to exceed $200,000.00; 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 Mayor and/or his designee, the Supervising Procurement Specialist, QPA, is authorized to utilize the State Term Contract T-0849 with Whitemarsh Corporation, 80 Baekeland Avenue, Middlesex, NJ 08846, to purchase Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment for the City of Newark, for the Department of Water and Sewer Utilities and Public Works, for the period commencing from the adoption of this resolution through August 28, 2019.
2. All purchases shall be in accordance with N.J.S.A. 52:25-16.1 et seq., only those items/services specified in the applicable State contract(s) may be purchased from the contract vendor(s) of record.
3. All purchases, purchase orders and other related documentation shall be in accordance with State Contract T-0849 and 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.
4. There shall be no amendment of this resolution without the approval of the Municipal Council.
5. There shall be no advance payment on this State contract in accordance with N.J.S.A. 40A: 5-16. Funding is contingent upon appropriations; pursuant to N.J.A.C. 5:30-5.5(c).
6. 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 available 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. Department of Water and Sewer Utilities Budget, Fund: NW037, 750, 7502, 72220, B2017, $100,000.00; Department of Public Works Fund: NW011, 060, 0602, 71770, B2017, $100,000.00. This contract shall not exceed $200,000.00 for the period commencing from the adoption of this resolution by the Municipal Council through August 28, 2019.
7. 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.
8. The Purchasing Division shall forthwith file a duly executed copy of the State Contract attached hereto, in the Office of the City Clerk, if applicable.
9. 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 usage of the Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment Term Contract T-0849, to purchase Aboveground Fuel Tanks, Installation, Removal, Repair and Related Equipment for the City of Newark Department of Water and Sewer Utilities and Public Works, from Whitemarsh Corporation, for the period commencing from the adoption of this resolution through August 28, 2019, at a cost not to exceed $200,000.00.