HomeMy Public PortalAboutr 20-108No. #20 -108 Jul 23 202
ii Date of Adoptio Y
RESOLUTION AUTHORIZING AN EMERGENCY PURCHASE
FROM CAMBRIA AUTOMOTIVE COMPANIES
FOR EMERGENCY REPAIRS
TO DPW ROLL -OFF TRUCK #16
WHEREAS, N.J.S.A. 40A:11 -6 provides that a purchase, contract or agreement may be
made, negotiated or awarded without public advertising for bids and bidding therefore,
notwithstanding that the cost of contract price will exceed the amount set in the
prevailing bidding threshold, when an emergency affecting the public health, safety or
welfare requires the immediate delivery of performance of services, provided: A written
requisition for the performance of such work or labor, or the furnishing of materials,
supplies or services is filed with the contracting agent or his deputy in charge describing
the nature of the emergency, the time of its occurrence and the need for invoking this
section, certified by the officer or director in charge of the department wherein the
emergency occurred, or such other officer or employee as may be authorized to act in the
place of said officer or director, and the contracting agent or his deputy in charge, being
satisfied that the emergency exists, is hereby authorized to award a contract for said work
or labor, materials, supplies or services; and
WHEREAS, an emergency situation meeting the criteria set forth above resulting from
an EMERGENCY DPW ROLL -OFF TRUCK #16 REPAIRS; and
WHEREAS, an emergency purchase /repair was made by Cambria Automotive
Companies, 116 Talmadge Road, Edison, NJ 08817 in the amount not to exceed
$66,413.00 for said repairs with regard to DPW Roll -Off Truck Repairs.
NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough
of Carteret, do hereby authorize the payment of $66,413.00 to Cambria Automotive
Companies, 116 Talmadge Road, Edison, NJ 08817 for the emergency repairs described
herein in accordance with N.J.S.A. 40A:11 -6.
Adopted this 23rd day of July, 2020
and certified as a true copy of the
original on July 24, 2020.
CARMELA POGORZ,ELSKI
Acting Municipal Clerk
RECORD OF COUNCIL VOTE
BELLINO
KRUM X
X - Indicate Vote AH - Absent NV -Not Vofing XOR- Indicates Vote to Overmle
Adopted at a meeting of the Municipal Council
2020
020 11:49AM ivo• 1301 P. 1
BOROUGH OF
ACTING MUNICIMI, CLERK
To: Patrick J. DeBlasio, Treasurer
Borough of Carteret
I2FQUPAT FOR CERTIFICATION OF AVAILABLE FUNDS:
For: AUTHORIZING AN EMERGENCY PURCHASE FROM CAMBRIA AUTOMOTIVE
COMPANIES FOR alERGENCY REPAIRS TO DPW ROLL-OW TRUCK #16
Name of Account: CAMBRIA AUTOMOTIVE COMPANIES
Amount to be encumbered:
Ttesolution* #20 -108
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CERTIFICATION OF AVAILABILITY OF FUNDS
I, Treasuxer of the Borough of Carteret, do hereby certify that there are sufficient Rinds
available in the current budget to enable the Borough Council to authorize the entering
into a contract between the Borough of Carteret and:
The funds available for this contract axe in the budget, in the account of:
4 IVY --20 /03 pl
in the amount of: N oa
By this certification, I have hereby encumbered. the above named account for the amount
of the contract pending Council action,
Path f. DeBlofo, Treasurer
Date: f b ?o
MemoxislMunicipslBudding • 61 Cooke Avenue • Cuteret, New jersey 07008
Tel; 792-541 -3800 • Pax: 732 -541 -6925 • Sy(wo1wret.n..
N.J. Division of Local Government Services
EMERGENCY PROCUREMENT REPORT
This report is to be filed by the contracting agent of the public agency with the Director of the Division
of Local Government Services within 30 days of the date the emergency contract was issued. Please
provide the necessary information to satisfactorily complete the report. Refer to the Instructions
accompanying this form and the statutory and regulatory citations on the reverse of this form.
This form is designed to be completed using Microsoft Word; if not completed that way, please print it
out.
1.
Name of Public Agency:
Borough of Carteret
County:
I Middlesex
2.
Date Emergency occurred:
July 2, 2020
Time emergency occurred:
IPM
3.
Date emergency declared:
July 9, 2020
Time emergency declared:
1 PM
4.
Agency /department responsible for determining
there was an emergency:
DPW
5.
Name and title of the official in charge of that
agency:
John P. DuPont
6.
Describe the condition or circumstance pertaining to the emergency (attach additional sheets if necessary):
The Borough's roll- off -truck broke down on the roadway. The truck is used every day for garbage and recycling
disposal. It is a critical truck in our fleet. The truck was taken to the Cambria Automotive Companies, a MAC
repair center and an estimate of repairs was prepared.
7.
Name and title of the individual who determined the
matter was an emergency and authorized award of
contract(s):
John P. DuPont, Director
8.
The total (or estimated) cost of providing the goods or performing services was: 1 $ 66,413.00
9.
List the names the contractors /suppliers receiving 25% or more of the contracts awarded under the emergency:
Cambria Automotive Companies
10.
When was the notification reduced to writing and filed with the purchasing agent?
July 17, 2020
11.
Has the public agency adopted a "chain of command" procedure pursuant to N.J.A.C.5:34 -6.1?
This report was completed by (name and title):
John P. DuPont, Director
Name and Address of agency contact
p erson:
John P. DuPont Borough of Carteret, 61 Cooke Ave
Signature:
t._._„ --
Date:
July 21, 2020
l�
Submit by mail or fax to:
Director, Division of Local Government Services
Trenton, New Jersey 08625 -0803
Fax: 609 - 633 -6243
Legal Provisions Related to Use of Emergencies
40A:11 -6 Emergency contracts
6. Emergency contracts. Any contract may be negotiated or awarded for a contracting unit without public advertising for bids and
bidding therefor, notwithstanding that the contract price will exceed the bid threshold, when all emergency affecting the public health,
safety or welfare requires the immediate delivery of goods or the performance of services; provided that the awarding of such
contracts is made in the following manner:
a. The official in charge of the agency wherein the emergency occurred, or such other officer or employee as may be authorized to act
in place of that official, shall notify the purchasing agent, a supervisor of the purchasing agent, or a designated representative of the
governing body, as may be appropriate to the form of government, of the need for the performance of a contract, the nature of the
emergency, the time of its occurrence and the need for invoking this section. If that person is satisfied that an emergency exists, that
person shall be authorized to award a contract or contracts for such purposes as may be necessary to respond to the emergent needs.
Such notification shall be reduced to writing and filed with the purchasing agent as soon as practicable.
b. Upon the furnishing of such goods or services, in accordance with the terms of the contract, the contractor furnishing such goods or
services shall be entitled to be paid therefor and the contracting unit shall be obligated for said payment. The governing body of the
contracting unit shall take such action as shall be required to provide for the payment of the contract price.
c. The Director of the Division of Local Government Services in the Department of Community Affairs shall prescribe rules and
procedures to implement the requirements of this section.
d. The governing body of the contracting unit may prescribe additional rules and procedures to implement the requirements of this
section.
N.J.A.C. 5:34 -6.1 General requirements (edited as to applicability)
(a) The use of emergency purchasing pursuant to X.I.S.A. 40A:11 -6 or 18A: 18A-7 shall be subject to the following requirements:
1. An actual or inuninent emergency must exist requiring the immediate delivery of the goods or the performance of the service;...
...3. The emergency purchasing procedure may not be used unless the need for the goods or services could not have been reasonably
foreseen or the need for such goods or services has arisen notwithstanding a good faith effort on the part of the contracting unit to plan
for the purchase of any goods or services required by the contracting unit;
4. The contract shall be of such limited duration as to meet only the immediate needs of the emergency; and
5. Under no circumstances shall the emergency purchasing procedure be used to enter into a multi -year contract.
(b) The governing body of each contracting unit shall adopt rules or regulations as appropriate to the contracting unit to ensure that
there is a procedure for determining and confirming the existence of an emergency and that the provisions for emergency purchasing
pursuant to N.J.S.A. 40A:11 -6 or 18A: 18A-7 may be implemented. Such rules or regulations shall include such provisions that ensure
that if initially designated individuals are not available, there is a designated chain of command to ensure that there are always
appropriate individuals available to make such decisions.
18A:64A -25.6 Emergency purchases and contracts
6. Any purchase, contract, or agreement may be made, negotiated or awarded by a county college without public advertising for bids
and bidding therefor, notwithstanding that the cost or contract price will exceed $25,000* or, commencing January 1, 2003, the
amount determined pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C.18A:64A- 25.3), when an emergency affecting the
health, safety or welfare of occupants of college property requires the immediate delivery of the materials or supplies or the
performance of the work, provided that such purchases, contracts or agreements are awarded or made in the following manner:
a. A written requisition for the performance of such work or the furnishing of materials or supplies, certified by the employee in
charge of the building, facility or equipment where the emergency occurred, is filed with the contracting agent or his deputy in
charge, describing the nature of the emergency, the time of its occurrence, and the need for invoking this section. The contracting
agent, or his deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work,
materials or supplies.
b. Upon the furnishing of such work, materials or supplies in accordance with the terms of the contract or agreement, the contractor
furnishing such work, materials or supplies shall be entitled to be paid therefor and the county college shall be obligated for said
payment.
c. The board of trustees may prescribe rules and procedures to implement the requirements of this section.
* This provision is superseded by the provisions ofN.J.S.A. 19:44A -20.4 threshold of $17,500
EMERGENCY PROCUREMENT REPORT
Public Exigencies Pursuant To N.J.S.A. 19:44A -20.12
Procedure
An Emergency Procurement Report is required when municipalities, counties, and their instrumentalities
and agencies' (public agency) experience an emergency that warrants the immediate delivery of goods
or services and in doing so, are unable to comply with the "Pay -to- Play" provisions of N.J.S.A. 19:44A-
20.4 et seq. N.J.S.A. 19:44A -20.12 provides in pertinent part that:
"Nothing contained in this act shall be construed as prohibiting the awarding of a contract
when the public exigency requires the immediate delivery of goods or performance of
emergency services as determined by the State Treasurer."
The State Treasurer has determined that approval under this provision is automatically granted when:
1. A public agency finds the public's health, safety or welfare requires the immediate delivery
of goods or the performance of services.
2. The award of any such contracts is made pursuant to the provisions of N.J.S.A. 40A:11 -6 and
N.J.A.C. 5:34 -6.1 et seq., or for county colleges, N.J.S.A. 18A:64A -25.6.
3. Contracts are issued in response to a formal declaration of an emergency by the Governor.
Emergency Report Required
The Treasurer also requires that when a contracting agency uses these provisions, the agency's
purchasing agent or other appropriate personnel shall file with Director of the Division of Local
Government Services an "Emergency Procurement Report," within 30 days of the date the contract was
issued. Contracts relating to a formal declaration of an emergency by the Governor are exempt from the
reporting provision.
Certain information is necessary to address situations in which an exigency /emergency affecting the
public's health, safety or welfare requires the immediate delivery of goods or the performance of
services.
This language has been interpreted by the State to include among others, local authorities, fire districts, and county colleges.
a The State Treasurer's directive can be seen at www.nj.gov /dca /igs /p2p