Loading...
HomeMy Public PortalAboutr 04:089  MIDDLESEX OOU~ T~L (782) $~1-8800 o~Ic~ o~ 61 COOKE AVENUE ~THLEEN ~ BARNEY, EMC/CMC MUNICIP~ CLERK C~TEEET, NEW JERSEY 0700~ DATE: March 15, 2004 TO: Middlesex County Cooperative Purchasing Program C/o Middlesex County Improvement Authority 101 Interchange Plaza Cranbury, New Jersey 08512 Attn: Ted Choplick SUBJECT: Certified copy of Resolution g-4-89; Authorizing Mayor to Execute Cooperative Pricing Agreement. KMB/Ir cc: Treasurer Purchasing File No. 04-89 Date of Adoptio~ 2004 AUTHORIZING MAYOR TO EXECUTE COOPERATIVE PRICING AGREEMENT WHEREAS, N.J.S.A. 40A: 11-11(5) authorizes two or more contracting units to enter into a Cooperative Pricing Agreement for the purchase of work, materials and supplies; and WHEREAS, the Electric Discount and Energy Competition Act (N.J.S.A. 48:3-49 et seq.) (the "Act") and the Government Energy Aggregation Program Rules adopted by the New Jersey Board of Public Utilities permit local government units to join together for the purchase of electric generation service, gas supply service, electric related services and gas related services; and WHEREAS, pursuant to the Act, the County may act as a government aggregator for the purpose of entering into a written contract with a licensed electric power supplier or licensed gas supplier for the provision of electric generation service, electric related service, gas supply service or gas related service for the County's use or the use of other government aggregators and for electric generation service or gas supply service on behalf of business and residential customers within the County's territorial jurisdiction; and WHEREAS, the County is conducting a voluntary Cooperative Pricing System (the "System") with other authorized contracting units within the County utilizing the administrative purchasing services and facilities of the County for the purchase of electric generation service and gas supply service, and WHEREAS, the Borough of Carteret (the "Borough") desires to enter into a formal Cooperative Pricing Agreement (the "Agreement") with the County, a copy of which is attached hereto and made a part hereof; and WHEREAS, this Agreement is to effect substantial economies in the purchase of electric generation service and gas supply service; and WHEREAS, the parties need to approved the Agreement by resolution in accordance with the Local Public Contracts Law, the Cooperative Pricing and Joint Purchasing Systems Rule and the Government Energy Aggregation Program Rules; and WHEREAS, it is the desire of the parties to enter into this Agreement for said purposes. NO. 04-89 PAGE 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex and State of New Jersey as follows: 1. that the proposed Agreement for the cooperative of energy services is hereby approved; 2. that the Mayor and Borough Clerk are hereby authorized to execute said Agreement on behalf of the Borough in the required number of counterparts; 3. that the appropriate Borough officials are herby authorized and directed to take the necessary actions to implement the terms of the Agreement; 4. that a certified copy of this Resolution and three (3) executed copies of the Agreement be forwarded to the County, as Lead Agency, for execution; and 5. that a copy of this Resolution and copy of the Agreement be forwarded to the Borough's Purchasing Department for appropriate action. Adopted this 11th day of March, 2004 and certified as a true copy of the original on March 12, 2004. ~,_AgHLEEN M. BARNEY, RMC, C~ " Municipal Clerk _ RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUI~! X RIOS x NAPI.lZ..q x S ITARZ x PARIS I X SOSNOI./$KI X X - Indicate Vole AB - Absent NV - Nol Voting XOR - Indicates Vote Il) Overrule Veto cp Adopted at a meeting of the Municipal Council nJ:ge. -'- l*lareh 11, 2004 TO 17~:2~41~9'~5 P.01/~9 FEE 23 2884 15:54 FR Freeholder H, ~ames Polo~ Founder ommon Cents Middlesex County Cooperative Purch~rogrom Tae;hamr. ,..5003 · -- ,--, ---- DATE: Fmb, To: ~b ~ in, Borou h ~ Ca.mt From: T li~ Re: Ener C~ e~ve Prioin Ter~s A ~ment Enc~ ~ a ~pY ~ ~e ~m~e Pfidng Te~ ~me~ PHONE ~: F~ ~732~1 PAGES (including g~er sh~t): TO 17~25428925 P.02709 FEB 2~ 2004 15:.54 FR COOPERA~VE PRICING AG~.[MENT MIDD .L~.~X CO~ ~s ~m~t m~ ~ ~ ~ ~ ~ ~y of_ ~ 20~, ~ ~d ~ &e CO~ O[ ~DL[SEX ~~ ~f~ m m ~e 'Co~~ ~ ~ '%~d AgonY") ~d ~e _ of~ (~ "p~cip~t"), tog~ ~& ~ pubic bo&~ ~ ~ &e Co~W of ~ who ~oose to p~cipa~ ~eC~veP~c~ Sy~ ~ co~fively ~"p~ci~ngL°~l U~'). ~ITNES~ET~ into a C~v~ ~c~ A~t for ~e ~ ofw~ ~en~s ~a s~h~, ~ ~~, ~ ~c D~ ~ ~ Comp~ A~ ~5.S.A. ~8:3~ ~ ~,) (~e ~,A~) ~ ~ Gov~ ~er~ ~n ~ ~ adop~ ~ ~e p~ of e~c g~ ~, g~ s~ ~, ~c ~ ~ ~ ~ ~~, ~ ~ ACh ~ Co~ ~ ~t ~ a g~t ~¢v for ~ p~ of ~ ~ a ~ ~n~ ~ a fi~ elc~c po~ ~pH~ or ~ ~ ~pp~ f~ ~ pm~ion ofel~c ~on ~ce, el~c ~ s~ce, ag~ga~s ~d f~ el~c gen~ou s~i~°r g~ supply s~ce on b~f ofb~e~ FEB 23 ~4 15:55 FR TO 17525~18925 p.03/09 and residential cusWmers within thc County's territorial jurisdiction; and [AS ApPLICABI_.~., WHEREAS, the participanI has previously entered into a - Cooperative Pricing Agreement with thc County and would like to replace such agreement with this agt~¢~___ gat; and] WIIEI~A~, thc County is ~nducting a voluntary Coopca~tivc l~icing Syg~.m (~c .$ysmm") with otb~ anthovi~d contracting units withi~ thc Cotmty utili~iug the administrative purchasing ~ric~ mad facilities of tim County far thc pm~lutse of clcc~c WIIE~, this ~eat is to effect substantial ~onomi~s inthc ptc~lume of electric g~n~tion s~vvice and gas ~upply sgawic~; and accordance with thc Local Public Contra~ts Law, the Cooperative Pricing and Joint pu~hasiag sYStems ltule aad tl~ Gov~a~_ mom ~gY Agg~gation Prognun Rules; and W!~REAS, it is thc d~si~ of the pagd~s to antcr into this Agt~cmc~t for said blOW, Ti~REFORE, IN CONSIDERATION of mutual covenant, terms and conditions her~!,~*~ set forth, the sufficiency of which is hereby acknowledged, thc parties hereto do hereby agreC as follows: 1. Thc work, materials or supplies to be priced cooperatively shall include the purchase of electric generation service and gas stlpply service (the "Work" or "Stlppty') for 2 TO 173254189~5 p. B4/09 FEB 23 2804 15:55 FR thc Participating Local Units. 2. The Supply may be purchased cooperatively for a period not to cxcced five~5) 3. The Lgad Agoncy, on behalf of th~ Panicipali~ Local U~, s~l ~ ' aPp~ of~e Sy~'s ~on ~ ~[Y ~ ~ ]~ of e~h su~ ye~, publish a leg~.~ ~ ~ fo~ ~ ~q~ b~ N,I~.C. ~:3~7.12 ~ a n~er no.ally ~d f~ m~ p~s~ by i~ to ~clude such ~on ~: (a) ~cP~e °f~e ~ ~ s°li~ ~c b~; ~ ad.ess ~ ~l~honc n~bcr of ~ ~ ~; ~c ~st~ i~nfifi~ for ~e C~vc ~ Sys~; ~ (c) &c ~m ~ of ~c ~c ~g 4- ~c P~cip~t el~ ~ p~cip~c ~ ~ c~w p~e of ~e foll~ ~~ ~ ~ p~t's ~ .. el~c ~2on ~ice; ~ s~ly ~; el~c ~ ~ ~ ~ ~P~ ~' (~e sel~ ~ co~es sb~tl be ~f~ to ~ ~e '~le~d Co~ifi~.") 5. ~e p~a~ Lo~ Uni~ ~1 ~ ~ ~g ~c ~o~tc q~tiS~ of ~e Blec~ ~m~ ~d ~ 1~ of ~e ~2~ wh~ ~c FEB 2~ 200~ 15:55 FR TO 17S25418925 P.~5~9 Commodities shall be supphe~ shall prowde a minimum of twelve (12) months billings for the Blectcd Commodities or p~ovidc a rclcese cnablin~ thc Lead A~c~cy to-obt~in such information from tke Participating Local Units' pre, sent Elec~xl Colmnodity ~nerlD' supplier, shall desis~,e a con~'~ person for the System end shall provide such oth~ r~asonable i~formaiion and or assislauce which may b~ ~ by fl~ Lead Agtmcy or i~s designee to prepare specifications for the bid ofthe Work and take such other actions to implr~nent the The pa~icipating Local Unit shsll not be bound by the eslimates for the Elected Commodities stu~hnit~t by ~he Participati~ Local U~, howev~, the paiticipafing Local Uni! may not withdraw participation or the facilities to be supplied with the Elected Commodities if the bid r~c~ived for the Supply resuliz in lower ra~ for the purchase of the Elect~ Commodilies for the Pa~icipafin~ Local U~it than is paid by thc pa~icipalin~ local unit. In ord~ to participate in the Sysl~n, each pa~icipatin~ Local Unit may be required to .execute a separat~ al~i~'ment with their ~xisiing electric or gas distribution company for the purposes ofira~miasion and dislrlbufi~ of the El~-led Commodities purchased throng~ the System. 6. The specifications for the Work shall be t~. and approved by thc Lead Agency and no changes abel! thcrmflcr be made except as pcnmttcd by law. Hothir~ hereto shall be deemed to prevent chan~es in specifications for subsequent purchases. 4 FEB 23 2884 15:55 FR TO 173'25418925 p.,gE,×09 7. A single advcxtiscment F~r the receipt of bids for thc Work shall bc prepared for each Blcctcd Commodity (or a single bid may be made) by the Lead Agency on behalf of all Participating Lo~al Units. $. Thc Lead A~cncy shall receive bids f°r thc W°rk °n bchalf°f all P .~ticipating Local Uuits. Following ~ of Ih© bids, the Lead Agency shall review thc bids and on behalf of all Participating Local Units, shall either rejcct all of thc bids or make an awsrd(s) to thc lowest responsive, responsiblc bidder(s) fvr the Work. This award shall rcsult in thc Lcad Agemclt entming ~ mast~ controls with lite sue~.~sful biddy(s) providing for two (2) categories of purchases: (a) the quantil/~ ordered for thc Lead Agency's own needs; and (h) th~ estimated ag~e~atc quanfiti~ to b~ ~ by other participating local ~ng,,nits by separate contracts, subject to thc spec/ficat/ons and price~ sm forth in thc Lead Agency's contract 9. ThcLcad Agencyshall enter iht° farmal writl~ c°ntrac~s)' when required Ivy law, direclly with fla~ successful bidders) after it has cc~ified thc availability of funds for its own nceds. l 0. Each Paxticipating Local Unit shall also ccni~ thc funds available for its own ncexts, enter into formal written contract(s) when required by law, directly with such bidder(s); isslle plKChsse ord~t~ in ils own name dircctty to ltl~ sllc, cessful b/dd~s) against such contract(s); accept its own deliveries; be invoice! by a~d rcccivc stamments f~om thc TO i'73254~.8925 p. 87/89 FEB 2~ 2884 15:55 FR successful bidders); make lmYmen~ dh-ectl¥ to the successful bidder(s) and bc responsible for any lax liabilitY. 11. Bio Par~icipati"$ Local Unit in the Sys~m shall be ~csponsiblc for payment of any electric or gas purchased or for performance generally by any other Participant. 12. Tbeprovisions ofpm. al~raphs $,9, 10andll abo~esh~be quotedor refer~d to and sufficiently described in all specificaiions so that each b_iddcr shall bc on notice as to thc respective responsibiliiies and liabilities of thc par~cipa0~l~ Local Units. 13. A Participafin§ Local Unit ma~ only participaIe in thc Sys~m until such time as it formally terminates its membership hc£ein in accordance with the t~ms contained herein. A pai~icip~ing Local Unit may not terminate ~ A~reemcnt during the ~n of the c~mU~S) fo~ the pray. base of thc Elected Commodities. 14. The Lead A~ency shall appropriaie sufficient funds to ~nable it to perform thc admim.s' trativc responsibililies ass,,,,~¢d pursuant ~o t!~is A~ccmant. 15. Bach pafficipating Local UniI slmll pay thc Lead A~ancy an annual adminLsu'ative fee of an smou~t of t~ity percent (50%) of thc Blec~d Commodities energy cost savin~ resultin~ f~om the cooperative purchase of electric generation service and/or gas supply as its es!i.'mated prora~d share of the ~_,!ministrafive costs incurred by the Lead A~ency or its a~cnts f~or the firs~ year of the purchase of thc Blccled Commodities. Thcreafter, thc adminislraiive fee shall be twenty percent (20%) of the Elected Commodities energy cost savings. Each local unit hcrcby authorizes such achninislrative fcc to be paid 6 FEB 2~ ~t~0~ 1~:~ Fl~ TO 17~i8~ P.~8~09 di~~t~ fi-om fl~e en~y ~ion supplier or ~or ~ g~ supp~ or di~bu~r ~ app~lc. 16. ~is A~ s~l b~e cff~ivc upon ~ufi~ hcreo~ subj~t to r~i~ ~d appr~ of ~ r~ gov~t b~y. ~e~t by m~ of a fi~ ~ h~, w~ch ~igon s~ not ~id~e ~s ~ ~ ~ m o~ ~- ~c ~ ~ ~ a~ to ~ ~c fi~ on b~b~tfofm~ of~ 18. ~e p~ci~g ~ U~ h~ a~o~ ~Lc~ ~ (°n~ dmsg~ ) ~ im ~ on im ~tem ~ ~ ~ ~ d~mm ~ ~ ~ ~i~ of ~ m~ a~ci~ ~ ~ ~tio~ of ~c Syn. ~ P~o~a~ ~1 Uni~ ~o~ ~d ~owl~o ~ ~c Le~ Ag~ ~ ~d ~d del~ ~ au~ ~ monitor ~d ~pl~t ~e Sy~ m ~ ~ Co~W ~v~t Au~ori~. ~t sh~l ~ id~tifi~ ~ c~ n~ ~s~ ~ ~c D~, Dillon or,cai G~m~ S~, ~ s~h ~ ~ ~ ~ ~ ~ ~e L~ A~cy for p~cs of id~g~g e~ ~. 20. ~is A~mt s~l ~ b~d~g ~ ~d ~ lo ~c ~cfit of ~e s~ ~d ~ of&c ~e ~ h~. 21. ~s ~mt my be exm~ ~ co~!~ ~d e~h ~ ~ FEB ~ accompa~ym~ original signatures shall be deeme~ an on IN VglTNESS WHEREO~, thc parties hereto have caused th~s Agrcemcn~ ~o be signed and exextmxi by their authorized corporat~ officers and their respective ~eals to be hercu~ affixed thc day and year abo~c written. COUNT~ Oli' _I~ll~DL~SF-.,~ Le~d A~ency .~.'FI~ST: (ParticipauO ~ TOT~qL PgI~E. Oc-:J ** COOPERATIVE PmCIN~ i~D!~_~ .~ co~ ~ '%ead ~") ~d ~' ~ of~ (~ 'p~cip~t"), tog~ ~ ~ Pub~c ~ l~ ~ ~c Co~ of ~ who ~oose to p~cipa~ ~ ~ C~ve P~cin~ SYg~ ~ ~five~ ~ "p~cip~gLo~ U~'). ~ITNESSET~ _ ~ ~. . ..... ~tfor~e~~w~~s~d~pph~;~d into a ~v~ N~ ~ ~, p~ ~ ~ Ao~ ~ Co~W ~ ~ ~ a ~~t ~r for ~ ~ ~pH~ ~,~= p~i~ office ~ ~ ~l~c ~ ~, at~t~ ~d f~ d~ i~on s~i~'0r E~ ~pply s~ce on b~f ofb~ess and tesid~ttial ~ustomer~ w~,hln the Co~'$ ~ j~; ~d NOW, ~0~, ~ CONS~ON of m~ cov~an~ t~s ~d h~to do he~ ~ ~ p~h~ of dec~c g~on s~ce ~d ~ ~pp~ s~ (~e "Wo~" or "S~pty") for thc participating Local Units. 2. The Supply may be purchased coo~rati~ly for a period not to ~xceed fiv, e~Y) yea_rs, 3. The L=ad A~ncy, on behalf of the parfici .p~ Local Units, shall ~ approval of the System's teeistrati°n and annually thereafter m January of each succeeding year, publish a legal.ad in such format as required by N.I~,.C. 5:34-?.12 in a n6~vspap~r (a) the n~a~ of ~h= L~ad A~mcy s°licitinE compefifi~ bids; (b) the address and tel~phou¢ number of ~h~ Lead Agency; (c) the names of ~ pamcipaUnsC°nmminS. th= sysmm identifier for the Coop=ative Pricin~ System; and (e) the expiration date of th~ Coop~ai~¢ Pricing Sysmm, 4. The participant elects to parficipat~ in the Coopm'afiv¢ purchase of the ~. electric generation service; , gas supply senic~; (The scl~ted energy commodities Shall be ~ to as the ~lected Commodities.") 5. The parti~Pating Local Units shall indiCat~ in writing the approximate q. sntitie, s of the Elected Co~_ modities alld the locatl~s of.the facilities whcr~ the Elected Commodllies shall be supPlie~ shall.provide a minimum of twelve (12) monlhs billings for information from the Pat~dcipafi~ Local units' P~sent Elected Commodity energy supplier, shall ~sis~e a c~mm~t p~sea for the S~st~n and shall ~ .such otb= reasonable Thc ?articipating Local Unit*all n°t be bound bY the estima~ for ihe E[ect~ Unit may not withdraw participation or the facilities to b~ supplied with the Elected Commo~lifies ifth~ bid ~c~ived for the,SUpply resulis {u lower ra~s for thc purchase of the Elec~ C~manodities for the Pa~ticipa~ Local Unit thau is pa/a by the pattidpsfin~ local unit. In orae~ to particil'a~ in the Sysmn, e~ch !'anicipaUng Local U~it may be ~luired to.execute a sermr% asu~n~at wtth their exisauz electric o~ Sas disUi~tion c~mpany for the purposes of transmi~ion and distribufica ofthe Electcd Cmumodi~ies ~ through the System. ~. The sPeoifications for th~ ~c~.shall be p~..s~a approved by th~ ~ As{racy and no changes shall ther~ be made ~ as p~u~lied by law. Nothing hereto shall be deemed to in--writ cha~8es ~n sp~cif~~'~ions for subSeqmm~ purchases. 4 7. A singl, advertisement for the reoeipt of bids for the Work shall bc prepared for ~ach BI~I Commodity (or a si~Sle bid may b~ med~) by th~ L~I Agency on b~half $. Thc LeadAgency shall reccive bids for th, Work on bchalfof all participating ~ Units. Following receipt of th~ bids, thc Lcad Agency shall revic~v th, bids and on behalf of all Paaicipati~ Lo~ Units, shall ~ith~r'r~Jc~ all of the bids or mak~ an award(s) (2) categories offS: contracting un, ts Lead Agca~,'s contra~ law, direly with the s~°cessfni bldd~s) aiter it has omified the availabihty of fimds for 10. Ea6h Pa~icipaltngL°~d Unit sD'n als° c~df~ the funds av'-iu~bie for its °wn n~,ds, enter'into formal ~ r, ontra~t(s) when r~luired by law, directly with stroh bidder(s); issue pu~h,,,, tudors in ~ own namm ~ to ~ ~ bidd~s) against such ¢onu'a~t(s); ~ its own d~iiv~rics; I~ invoiced by a~l re.ye sma{~ments ~om the for any tax liability. any alect~ic o£ gas purchased orfor pcl'f°finance gch*rally by any other Participant. 12. Theprovialons'ofparal~hs $.9. 10~n&l! abo~oshailbc quoted o~ referred ' tO to and sufficicntly described in all specifications so 6~at ,ach bidder shall bc on notice as as it fo~nally tonninatcs tis membership herein in accor,ts,~ce with the terms contain herein. A. participating Local Unit may no~ tcrminat~ this A~reemcnt dmin~ the tcrrn of the 14 Thc'Lead As*ney shall appropriat~ suffi.ct~t funds to administrative responsibilities' assumed purmtsnt to thas A~rcc~ncnt. cost savin~ resullingfrinn ~ C°0perativ,'put*has* of electric generation service and/or gas suppl~ as its estimated t~o~ sha~ of the ~am~istrati~* costs in, tared by the Lead Agency or its a~c~lis for the' fi~st year of ih, purchasc of the Elected Commodities. Thcs. after, the ~v, tee shall be t~n~ p~at (20%) of the Elected Commodi~es energy cosl savings. Each local unit hcreby authorizes such a~oinistrative fcc to be paid directly from the eners~, g~n~ration supplier or disu/butor or gas supplier or distribuWr as applicable. 16. This Agree~nent shall become .effec~ve upon CXecution hereof~ subjcot to rev/~w ~ud approwt of any ~ gov~mment ~o~/. 17. A~d'_,tienal Pm~icipafing Local Units may from time to time execute this A~reement by means of a rider am2exed.hereto, which'addition s~_~ll not in-,~flidate this rider on bf~h~l~of members of thc System. 18. The P~clcipaflnK Local Unit hereby appoints the Lead AEency (or its desiKnee) any reg,~ory agencies for the operation of tim System. The Paflicipaflng Local Units recognize and acknowlcdKe that tho Lead Agency has auflm~Jzed and dolegatad thc authority to monitor end.implement the System to the Middlesex'County Improvement Authority. 19. All reccn~h and documents mainta/nad ~.ufilized Pursuant t° the tcnns °fth;' Govc~mmen~ $crvicos, ~ut such other mcmbem ~ ~re ~ssi~cd by the Lead Al~ncy for purposcs of identifying each con~rac~. 20. Th~.~ A~recment shall be bindin~ upon and enure to thc benefit of thc 21. This A~recment may be execu~d in co~t. erpa~ and each copy with 7 ATTEST: COUNTY.OF MIT)DLESEX, Lead Agency