Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) #T3121 Software Reseller Services
Purpose: To purchase computer equipment, peripherals and related services and appliances for the Office of Information Technology.
Entity Name(s)/Address(s):
1) CDW Government, LLC, 230 N. Milwaukee Avenue, Vernon Hills, Illinois 60061; and
2) Dell Marketing LP, One Dell Way, Round Rock, Texas 78682
Contract Amount: Not to exceed $2,500,000.00
Funding Source: 2021 Budget/Department of Administration, Office of Information Technology/NW045-21A-21A03-94710-B2021/NW045-21A-21A04-94710-B2021/NW045-21A-21A05-94710-B2021/NW045-21A-21A06-94710-B2021/NW045-21A-21A07-94710-B2021/NW051-G21-ARPFO-94710-B2021/NW051-G21-ARP40-94710-B2021/NW011-030-0306-71280-B2021/NW011-030-0306-71450-B2021/NW011-030-0306-83030-B2021; and NW011-030-0306-94210-B2021
Contract Period: May 25, 2021 through May 24, 2026, inclusive of all extensions
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 authorizes a state contract with two (2) vendors to provide computer equipment, peripherals and related services - commercial off the shelf software, SaaS, software related services, maintenance and technical support services, and appliances (computer hardware) for the City’s Department of Administration, Office of Information Technology.
Contract Numbers:
20-TELE-01511 CDW Government LLC
20-TELE-01510 Dell Marketing L.P.
body
WHEREAS, the City of Newark (the “City”), through its Purchasing Agent, wishes to utilize State Contract #T3121 Software Reseller Services for the Office of Information Technology from authorized vendors 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 are 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 City wishes to utilize State Contract #T3121 Software Reseller Services to purchase computer equipment, peripherals and related services and appliances for the Office of Information Technology, upon approval of this Resolution by the Municipal Council, through May 24, 2026, inclusive of extensions by the State; and
WHEREAS, the Purchasing Agent recommends the utilization of State Contract #T3121 Software Reseller Services to purchase computer equipment, peripherals and related services and appliances for the Office of Information Technology; and
WHEREAS, usage of this contract will provide computer equipment, peripherals and related services and appliances for the Office of Information Technology at a cost not to exceed Two Million Five Hundred Thousand Dollars and Zero Cents ($2,500,000.00).
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 Agent is authorized to utilize State Contract #T3121 Software Reseller Services, which includes Contract #20-TELE-01511 awarded to CDW Government, LLC, 230 N. Milwaukee Avenue, Vernon Hills, Illinois 60061 and Contract #20-TELE-01510 awarded to Dell Marketing L.P., One Dell Way, Round Rock, Texas 78682, to purchase computer equipment, peripherals and related services and appliances for the Office of Information Technology for the period of May 25, 2021 through May 24, 2026, inclusive of extensions by the State.
2. All purchases, Purchase Orders and other related documentation shall be in accordance 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 to this Resolution without the approval of the Municipal Council.
4. There shall be no advance payment on this State Contract in accordance with N.J.S.A. 40A:5-16. Funds for 2021 and subsequent years are contingent upon appropriations, pursuant to N.J.A.C. 5:30-5.5(d)(2).
5. 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 the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed.
6. Pursuant to N.J.A.C. 5:30-5.5, Temporary Budget, attached hereto is the Comptroller’s Partial Certification, which states that funds in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) are available for the purchase of this computer equipment, peripherals and related services and appliances are from Funding Source 2021 Budget/Office of Information Technology, NW045-21A-21A03-94710-B2021; NW045-21A-21A04-94710-B2021; NW045-21A-21A05-94710-B2021; NW045-21A-21A06-94710-B2021; NW045-21A-21A07-94710-B2021; NW051-G21-ARPFO-94710-B2021; NW051-G21-ARP40-94710-B2021; NW011-030-0306-71280-B2021; NW011-030-0306-71450-B2021; NW011-030-0306-83030-B2021; and NW011-030-0306-94210-B2021. This contract shall not exceed Two Million Five Hundred Thousand Dollars and Zero Cents ($2,500,000.00).
7. Pursuant to N.J.S.A. 27:25-17, any and all debts, expenses or obligations incurred by the City shall be payable only from funds available to the City of Newark, and no liability or obligation shall be incurred by the City beyond the extent to which monies are available.
8. 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.
9. The Division of Central Purchasing shall file a duly executed copy of the contract in the Office of the City Clerk, if applicable.
10. If required by state law, the City Clerk shall provide the appropriate Notice of 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 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 designee, the Business Administrator, to utilize State Contract #T3121 Software Reseller Services, which includes Contract #20-TELE-01511 awarded to CDW Government, LLC, 230 N. Milwaukee Avenue, Vernon Hills, Illinois 60061 and Contract #20-TELE-01510 awarded to Dell Marketing L.P., One Dell Way, Round Rock, Texas 78682, to purchase computer equipment, peripherals and related services and appliances for the Office of Information Technology, for the period of May 25, 2021 through May 24, 2026, inclusive of extensions by the State, at a contract amount not to exceed $2,500,000.00.