Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Cooperative Purchasing Agreement
Purpose: To authorize the use of Houston-Galveston Area Council Cooperative Contract #EF04-21 to purchase Law Enforcement Speed Detection and Video Equipment.
Entity Name: Kustom Signals, Inc.
Entity Address: 10901 W 84th Terrace, Suite 100, Lenexa, Kansas 66214
Contract Amount: Not to exceed $200,000.00
Funding Source: 2022 Budget/Department of Engineering, Division of Traffic and Signals/NW-011-110-1107-83750-B2022
Contract Period: Upon approval of the Municipal Council through March 31, 2023, inclusive of any extensions authorized by H-GAC
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) N/A
Additional Information:
This Cooperative Purchasing Agreement will provide Law Enforcement Speed Detection and Video Equipment through the Houston-Galveston Area Council (“HGAC”), a national cooperative pricing system and Contract #EF04-21 for the City’s Department of Engineering, Division of Traffic and Signals.
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WHEREAS, the Municipal Council of the City of Newark (the “City”) authorized the joining of the Houston-Galveston Area Council (“H-GAC”) by Resolution 7R1-c dated January 6, 2016; and
WHEREAS, the City in furtherance of its goals to search for lower costs, greater efficiency and improved product quality, wishes to enter into a contract for cooperative purchasing; and
WHEREAS, cooperative purchasing is an inclusive term used to describe all purchasing systems where two or more local contracting units join together for the provision or performance of goods or services as provided for by the Local Public Contracts Law N.J.S.A. 40A:11-1et seq.; and
WHEREAS, the purchase of goods or services by two (2) or more contracting units increases proportionate saving in costs gained by an increased level of production; and
WHEREAS, the City, a sub-political body of the State of New Jersey is permitted to join Cooperative Purchasing Pricing Systems pursuant to N.J.S.A. 52:34-6.2(b)(3); and
WHEREAS, the H-GAC, a nationally recognized and accepted cooperative purchasing organization, maintains National Cooperative Agreement Contracts, which are competitively awarded through which members can make purchases; and
WHEREAS, the H-GAC system was developed for the purpose of utilizing a competitive bidding process to make the procurement process more efficient and provide cost savings to its members; and
WHEREAS, the H-GAC has offered the City the opportunity to participate in the Cooperative Purchasing System for the purchase of Law Enforcement Speed Detection and Video Equipment; and
WHEREAS, the City’s membership in H-GAC has been confirmed active; and
WHEREAS, the Department of Engineering requests to utilize H-GAC Cooperative Contract #EF04-21 Law Enforcement Speed Detection and Video Equipment to purchase equipment from Kustom Signals, Inc., 10901 W 84th Terrace Suite 100 Lenexa, Kansas 66214, holder of an authorized H-GAC contract; and
WHEREAS, the Purchasing Agent, QPA, recommends the usage of this contract to facilitate the needs of the City to procure Law Enforcement Speed Detection and Video Equipment for the Department of Engineering, Division of Traffic and Signals at a cost not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00); and
WHEREAS, on December 21, 2022 the Division of Central Purchasing advertised the City’s intention to enter into an agreement with Kustom Signals, Inc., under contract #EF04-21, for the purchase of Law Enforcement Speed Detection and Video Equipment for the Department of Engineering (attached hereto).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designees, the Business Administrator and/or the Purchasing Agent, QPA, are hereby authorized to enter into and execute an agreement under contract #EF04-21, to purchase from Kustom Signals, Inc., 10901 W 84th Terrace Suite 100 Lenexa, Kansas 66214, under the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing System, Law Enforcement Speed Detection and Video Equipment at a total cost not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for the period commencing upon approval of this resolution by Municipal Council through March 31, 2023 inclusive of any extensions authorized by H-GAC.
2. There shall be no amendment of this resolution without the approval of the Municipal Council.
3. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A: 5-16.
4. The funds from this Agreement shall be paid from the following account code line: Department of Engineering, Division of Traffic and Signals NW011-110-1107-83750-B2022. This contract shall not exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00). The Certification of Funds shall be filed along with the original Resolution in the Office of the City Clerk
5. The Division of Central Purchasing, through the Purchasing Agent, QPA, shall ensure that the goods and/or services procured through the program comply with applicable laws of the State of New Jersey, Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., N.J.S.A. 52:34-6.2(B)(3) and all other provisions of the revised statutes of the State of New Jersey.
6. A duly executed copy of the Cooperative Purchasing Contract agreement between H-GAC and Kustom Signals Inc. is provided herewith by the Purchasing Agent, QPA.
7. The Purchasing Agent, QPA, is filing a duly executed copy of the encumbering purchase order with this resolution, in the Office of the City Clerk.
8. This contract complies with Local Pay-to-Play, N.J.S.A. 19:44A-20.5 and constitutes a Fair and Open Procedure.
9. If required by State law, the City Clerk shall provide appropriate notice of award of this acquisition to the State Comptroller no later than twenty (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 the Mayor and/or his designees, the Business Administrator and/or the Purchasing Agent, QPA, to enter into and execute a contract with Kustom Signals, Inc., 10901 W 84th Terrace Suite 100 Lenexa, Kansas 66214, for the purchase of Law Enforcement Speed Detection and Video Equipment under the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing System, at a cost not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for the benefit of the Department of Engineering, for the period commencing upon approval of this resolution by Municipal Council through March 31, 2023 inclusive of any extensions authorized by H-GAC.