SOUTHERN GLOUCESTER COUNTY COOPERATIVE PRICING AGREEMENT
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This Agreement made and entered into this ____ day of 199__, by and
between the Township of Franklin and _____________________, and other public
bodies located within County of Gloucester or adjoining counties who choose
to participate in the Cooperative Pricing System.
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W I T N E S S E T H
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WHEREAS, N.J.S.A. 4OA:11-11(5) specifically authorizes two or more contracting
units to enter into a Cooperative Pricing Agreement for the purchase of work,
materials and supplies; and
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WHEREAS, the Township of Franklin is conducting a voluntary Cooperative
Pricing System with other authorized contracting units within County of Gloucester
or adjoining counties utilizing the administrative purchasing services and
facilities of the Township of Franklin; and
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WHEREAS, this Cooperative Pricing Agreement is to effect substantial
economies in the purchase of work, materials and supplies; and
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WHEREAS, all parties hereto have approved the within Agreement by ordinance
or resolution as appropriate, in accordance with the aforesaid statute; and
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WHEREAS, it is the desire of all parties to enter into such Agreement
for said purposes;
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NOW THEREFORE, IN CONSIDERATION OF the premises of the covenants, terms
and conditions hereinafter set forth, it is mutually agreed as follows:
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1.
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The work, materials or supplies to be priced cooperatively may include
such items as two or more participating contracting units in the system agree
can be purchased on a cooperative basis.
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2.
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The items and classes of items which may be designated by the participating
contracting units hereto may be purchased cooperatively for the period commencing
with the execution of this Agreement and continuing until terminated as hereinafter
provided.
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3.
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The Lead Agency, on behalf of all participating contracting units, shall
upon approval of the System's registration and annually thereafter [(1) Either
on the anniversary of the system's registration or (2) In January of each
succeeding year] publish a legal ad in such format as required by N.J.A.C.
5:34-7.12 in a newspaper normally used for such purposes by it to include
such information as:
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(A)
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The name of Lead Agency soliciting competitive bids or informal quotations,
and
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(B)
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The address and telephone number of Lead Agency, and
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(C)
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The names of participating contracting units, and
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(D)
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The State Identification Code for the Cooperative Pricing System, and
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(E)
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The expiration date of the Cooperative Pricing Agreement.
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4.
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Each of the participating contracting units shall designate, in writing,
to the Lead Agency, the items to be purchased and indicate therein the approximate
quantities desired, the location for delivery and other requirements, to permit
the preparation of specifications as provided by law.
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5.
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The specifications shall be prepared and approved by the Lead Agency
and no changes shall thereafter be made except as permitted by law. Nothing
herein shall be deemed to prevent changes in specifications for subsequent
purchases.
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6.
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A single advertisement for bids or the solicitation of informal quotations
for the work, materials or supplies to be purchased shall be prepared by the
Lead Agency on behalf of all of the participating contracting units desiring
to purchase any item.
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7.
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The Lead Agency that advertises for bids or the solicitation of informal
quotations shall receive bids or quotations on behalf of all participating
contracting units. Following the receipt of bids, the Lead Agency shall review
said bids and on behalf of all participating contracting units, either reject
all or certain of the bids or make one award to the lowest responsible bidder
or bidders for each separate item. This award shall result in the Lead Agency
entering into a master contract with the successful bidder(s) providing for
two categories of purchases:
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(A)
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The quantities ordered for the Lead Agency's own needs, and
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(B)
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The estimated aggregate quantities to be ordered by other participating
contracting units by separate contracts, subject to the specifications and
prices set forth in the Lead Agency's overall master contract.
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8.
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The Lead Agency shall enter into a formal written contract(s), when
required by law, directly with the successful bidder(s) only after it has
certified the funds available for its own needs.
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9.
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Each participating contracting unit shall also certify the funds available
only for its own needs ordered; enter into a formal written contract, when
required by law, directly with the successful bidder(s); issue purchase orders
in its own name directly to successful bidder(s) against said contract; accept
its own deliveries; be invoiced by and receive statements from the successful
bidder(s); make payment directly to the successful bidder(s), and be responsible
for any tax liability.
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10.
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No participating contracting unit in the Cooperative Pricing System
shall be responsible for payment for any items ordered or for performance
generally, by any other participating contracting unit. Each participating
contracting unit shall accordingly be liable only for its own performance
and for items ordered and received by it and none assumes any additional responsibility
or liability.
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11.
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The provisions of Paragraphs 7, 8, 9, and 10 above shall be quoted or
referred to and sufficiently described in all specifications so that each
bidder shall be on notice as to the respective responsibilities and liabilities
of the participating contracting units.
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12.
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No participating contracting unit in the Cooperative Pricing System
shall issue a purchase order or issue a contract for a price which exceeds
any other price available to it from any other such system in which it is
authorized to participate or from bids which it has itself received.
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13.
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The Lead Agency reserves the right to exclude any items or commodity
from within said system if, in its opinion, the pooling of purchasing requirements
or needs of the participating contracting units is either not beneficial or
not workable.
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14.
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The Lead Agency shall appropriate sufficient funds to enable it to perform
the administrative responsibilities assumed pursuant to this Agreement.
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15.
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It is understood and agreed that there may be certain administrative
costs attributable to serving as the Lead Agency. The participating units
agree to consider these costs at a future date following the first anniversary
of the Agreement and, after an analysis of these costs, may agree to develop
a payment schedule, voted on by the majority of units to pay the Lead Agency
an annual fee in an estimated prorated share of the administrative costs incurred
by the Lead Agency.
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16.
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For the first year of the term of this Agreement, the Township of Franklin
shall serve as the Lead Agency. For each succeeding year, the Lead Agency
designation may be rotated among the System members at their discretion. The
Director of the Division of Local Government Services within the State Department
of Community Affairs shall be notified within 30 days of any change in the
designated Lead Agency.
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17.
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This Agreement shall become effective on _________, 199__ subject to
the review and approval of the Director of the Division of Local Government
Services and shall continue in effect for a period not to exceed five years
from said date unless any party to this Agreement shall give written notice
of its intention to terminate its participation at least 30 days prior to
the expiration of the first year or any of the succeeding four years.
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18.
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All records and documents maintained or utilized pursuant to terms of
this Agreement shall be identified by the code number assigned by the Director,
Division of Local Government Services, and such other numbers as are assigned
by the Lead Agency for purposes of identifying each contract and item awarded.
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19.
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This Agreement shall be binding upon and enure to the benefit of the
successors and assigns of the respective parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be signed and executed by their authorized officials and/or officers and their
respective seals to be hereto affixed the day and year above written.
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TOWNSHIP OF FRANKLIN
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BY: _________________
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ATTEST BY:__________________
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HARRY KENNEDY, MAYOR
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EDWARD M. SASDELLI,
ADMINISTRATOR
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FOR THE PARTICIPATING UNIT
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BY:___________________
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ATTEST BY: __________________
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(NAME AND TITLE)
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(NAME AND
TITLE)
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