Title
Dept/ Agency: Administration/ Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Cooperative Purchasing Agreement
Purpose: To purchase Pool Equipment, Supplies and Maintenance and Repair Services.
Entity Address: Main Line Commercial Pools, Inc., 441 Feheley Drive, King of Prussia, Pennsylvania 19406
Contract Amount: Not to exceed $2,500,000.00
Funding Source: 2022 Budget/Department of Public Works/NW011-060-0604-71770-B2022
Contract Period: Upon approval of the Municipal Council through April 23, 2023, inclusive of any extensions by ESCNJ
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 is a Cooperative Purchasing Agreement to provide pool equipment, supplies and maintenance and repair services for the Department of Public Works.
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WHEREAS, on May 6, 2020, the City of Newark’s governing body adopted the Resolution 7R1-F authorizing the Membership in the Educational Services Commission of New Jersey, 1660 Stelton Road, Piscataway, New Jersey 08854, a New Jersey State Approved Co-op #65MCESCCPS; and
WHEREAS, the Educational Services Commission of New Jersey (“ESCNJ”), a locally recognized and accepted cooperative purchasing organization, maintains Local Cooperative Agreement Contracts, which are competitively awarded through which members can make purchases; and
WHEREAS, the ESCNJ 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 ESCNJ has offered the City of Newark the opportunity to participate in their Cooperative Purchasing System and the membership is active and continuous; and
WHEREAS, the City of Newark, through its Qualified Purchasing Agent, wishes to utilize the New Jersey State Approved Co-op #65MCESCCPS - ESCNJ to purchase Pool Equipment, Supplies and Pool Maintenance and Repair Services to be used by the Department of Public Works, from an authorized Vendor under contract #ESCNJ 21/22-39; and
WHEREAS, the City wishes to utilize New Jersey State Approved Co-op #65MCESCCPS - ESCNJ authorized vendor, Main Line Commercial Pools Inc., 441 Feheley Drive, King of Prussia, Pennsylvania 19406, to purchase Pool Equipment, Supplies and Pool Maintenance and Repair Services to be used by the Department of Public Works upon approval of this resolution by the Municipal Council through April 23, 2023, inclusive of extensions by the Educational Services Commission; and
WHEREAS, usage of this contract will provide Pool Equipment, Supplies and Maintenance and Repair Services to be used by the Department of Public Works 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. All purchases, Purchase Orders and other related documentation shall be in accordance with the relevant ESCNJ Co-op contract, including Standard Terms and Conditions, Method of Operation and Third Party Agreement, if applicable, as contained in the New Jersey State Approved Co-op #65MCESCCPS Contract documentation and agreements.
2. There shall be no amendments of this resolution without the approval of the Municipal Council.
3. There shall be no advance payment on this ESCNJ Co-op Contract in accordance with N.J.S.A. 40A:5-16.
4. A certification of the availability of funds shall be executed each time a purchase order is placed and charged against this contract. Funds for the purchase of Pool Equipment, Supplies and Maintenance and Repair to be used by the Department of Public Works are encumbered from Funding Source NW011-060-0604-71770-B2022. This contract shall not exceed Two Million Five Hundred Thousand Dollars and Zero Cents ($2,500,000.00).
5. 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.
6. The Division of Central Purchasing shall file a duly executed copy of the contract in the Office of the City Clerk, if applicable.
7. 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 and/or his designees, the Business Administrator and/or the Qualified Purchasing Agent, to purchase Pool Equipment, Supplies and Maintenance and Repair Services through Educational Services Commission of New Jersey Co-op #65MCESCCPS authorized vendor Main Line Commercial Pools Inc., 441 Feheley Drive, King of Prussia, Pennsylvania 19406, to be used by the Department of Public Works, for the period commencing upon approval of Municipal Council through April 23, 2023, inclusive of any extensions by ESCNJ, at a cost not to exceed Two Million Five Hundred Thousand Dollars and Zero Cents ($2,500,000.00).