Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) #T2435 Master Blanket 42008-NJDEP Emergency Response Services Term Contract- Statewide
Purpose: Removal of oil drums and other emergency response services from Recycling Division at 62 Frelinghuysen Avenue
Entity Name(s)/Address(s): ACV Environmental Services, Inc., 18500 N. Allied Way, Phoenix, AZ 85054
Contract Amount: Not to exceed $----51,657.95
Funding Source: NW011-060-0605-71580 B2024
Contract Period: Upon approval by the Municipal Council through October 27, 2024, 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 Resolution will provide removal services of oil drums and other emergency response services for the Department of Public Works, Division of Sanitation.
body
WHEREAS, the City of Newark (“City”), through its Interim Purchasing Agent, on behalf of the Division of Sanitation within the City’s Department of Public Works, wishes to utilize State contract T2435 Master Blanket 42008-NJDEP Emergency Response Services Term Contract - Statewide to obtain removal of oil drums and other environmental emergency response 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 and services by local contracting units without advertising or bidding therefor is authorized by N.J.S.A. 40A:11-12, where the contract for such goods and services was entered into on behalf of the State of New Jersey by the Division of Purchase and Property within the New Jersey Department of the Treasury; and
WHEREAS, in accordance with N.J.S.A. 52:25-16.1 et seq. and N.J.A.C. 5:34-7.29, 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, to obtain the aforementioned services, the City’s Interim Purchasing Agent recommends utilizing State Contract T2435 Master Blanket 42008-NJDEP Emergency Response Services Term Contract- Statewide to enter into a contract with ACV Environmental Services, Inc., 18500 N. Allied Way, Phoenix, AZ 85054, an authorized vendor thereunder, with said contract (1) to commence upon approval of this Resolution by the Municipal Council and terminate on October 27, 2024, inclusive of any extensions granted by the State, or upon completion of the project, whichever occurs first and (2) to be for an amount not to exceed Fifty One Thousand Six Hundred Fifty-Seven Dollars and Ninety-Five Cents ($----51,657.95).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Pursuant to N.J.S.A. 40:11-12. and N.J.A.C. 5:34-7.29, the Mayor of the City of Newark and/or his designees, the Business Administrator or the Interim Purchasing Agent is authorized to utilize State Contract T2435 Master Blanket 42008-NJDEP Emergency Response Services Term Contract- Statewide to enter into a contract with ACV Environmental Services, Inc. 18500 N. Allied Way, Phoenix, AZ 85054 to acquire removal of oil drums and other emergency environmental response services for the Department of Public Works, Division of Sanitation. Said contract shall commence upon approval of this Resolution by the Municipal Council and terminate on October 27, 2024, inclusive of extensions by the State. It shall be for an amount not to exceed Fifty-One Thousand Six Hundred Fifty-Seven Dollars and Ninety-Five Cents ($----51,657.95).
2. All purchases, Purchase Orders and other related documentation shall accord with the relevant State Contract, New Jersey Standard Terms and Conditions, Method of Operation and Third Party Agreement, if applicable, as contained in the State Contract documentations and agreements.
3. There shall be no amendments of this Resolution without the approval of the Municipal Council.
4. There shall be no advance payment of this State Contract in accordance with N.J.S.A. 40A:5-16.
5. This contract is awarded as an open-ended contract; pursuant to N.J.A.C. 5:30-5.5(d)(2). A Certification of the Availability of Funds shall be executed each time a purchase order is placed and charged against the following Funding Sources: NW011-060-0605-71580 B2024. This contract shall not exceed Fifty One Thousand Six Hundred Fifty-Seven Dollars and Ninety-Five Cents ($----51,657.95).
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 Agent 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 of the City of Newark and/or his designees, the Interim Purchasing Agent and/or the Business Administrator to utilize State Contract T2435 Master Blanket 42008-NJDEP Emergency Response Services Term Contract - Statewide to provide removal services of oil drums and other emergency response services from Recycling Division at 62 Frelinghuysen Avenue awarded to ACV Environmental Services, Inc., 18500 N. Allied Way, Phoenix, AZ 85054 for the Department of Public Works, Division of Sanitation for the period commencing upon adoption of this Resolution by the Municipal Council through October 27, 2024, inclusive of extensions by the State, or upon completion of the project, whichever occurs first, at a cost not to exceed Fifty One Thousand Six Hundred Fifty-Seven Dollars and Ninety-Five Cents ($51,657.95).