File #: 14-0792    Version: 1 Name: Brilliant Environmental Services
Type: Resolution Status: Filed
File created: 9/30/2014 In control: Economic and Housing Development
On agenda: 4/7/2015 Final action: 4/7/2015
Title: Dept/ Agency: Economic & Housing Development Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Professional Services Contract Purpose: Environmental Review Services related to HUD entitlement programs. Entity Name: Brilliant Environmental Services Entity Address: 1A Executive Drive, Toms River, New Jersey 08755 Contract Amount: Not to exceed $45,000.00 Funding Source: Housing and Urban Development Contract Period: One year from the date of issuance of a Notice to Proceed by the Director of the Department of Economic and Housing Development Contract Basis: ( ) Bid ( ) State Vendor ( X ) Prof. Ser. ( ) EUS ( ) Fair & Open ( ) No Reportable Contributions ( X ) RFP ( ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a Additional Information:
Sponsors: Council of the Whole
Title
Dept/ Agency:  Economic & Housing Development
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service:  Professional Services Contract
Purpose: Environmental Review Services related to HUD entitlement programs.
Entity Name:  Brilliant Environmental Services
Entity Address:  1A Executive Drive, Toms River, New Jersey 08755
Contract Amount:  Not to exceed $45,000.00
Funding Source:  Housing and Urban Development
Contract Period:  One year from the date of issuance of a Notice to Proceed by the Director of the Department of Economic and Housing Development
Contract Basis: (   ) Bid   (   ) State Vendor   ( X  ) Prof.  Ser.   (   ) EUS   
(   ) Fair & Open   (   ) No Reportable Contributions   ( X ) RFP   (   ) RFQ
(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (   ) n/a    
Additional Information:  
                    
body
 
WHEREAS, the City of Newark is in need of environmental review services related to projects receiving funding through the City's administration of the U.S. Department of Housing and Urban Development (HUD) grant programs, particularly those covered under the National Environmental Policy Act (NEPA) and related legislation listed in 24 CFR Part 58 governing environmental reviews for its Federal Entitlement Programs: Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME), and
 
WHEREAS, environmental review services are professional services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
 
      WHEREAS, the City of Newark, Department of Economic & Housing Development, caused to be published on City of Newark's website a Request for Proposals (RFP) on March 6, 2014 for said environmental review services; and
 
WHEREAS, the City of Newark received a total of four (4) proposals in response to its request; and
WHEREAS, Brilliant Environmental Services, with offices located at LLC, 1A Executive Drive, Toms River, New Jersey 08755, submitted a proposal and it was found, based upon price and other factors, to be in the best interest of the City of Newark to accept the proposal for the purpose of providing environmental review services for the above-referenced HUD entitlement programs; and
 
      WHEREAS, the City of Newark wishes to enter into a contract with Brilliant Environmental Services to provide environmental review services for the above-referenced HUD entitlement programs, for an amount not to exceed $45,000.00, for the period of one year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development; and
 
      WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that notice of the award of contracts for "Professional Services" without competitive bidding must be published in a local newspaper; and
 
      WHEREAS, this contract is for an amount over $17,500 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
 
      WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
 
      NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
    1. The Mayor and/or his designee the Deputy Mayor/Director of the Department of Economic and Housing Development of the City of Newark are hereby authorized to enter into and execute the attached contract with Brilliant Environmental Services, LLC, 1A Executive Drive, Toms River, New Jersey 08755, for Environmental Review Services related to projects receiving funding through the City's administration of the U.S. Department of Housing and Urban Development (HUD) grant programs, particularly those covered under the National Environmental Policy Act (NEPA) and related legislation listed in 24 CFR Part 58 governing environmental reviews for its Federal Entitlement Programs: Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME), for an amount not to exceed $45,000.00.
    1. The term of this contract shall be for the period of one year from the date of issuance of a Notice to Proceed by the Director of the Department of Economic and Housing Development.
    1. This contract is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)); is in compliance with the City's Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
    3. Attached hereto is a certification of funds from the Acting Finance Director of the City of Newark, which states (1) that there are sufficient funds in the amount of $45,000.00 for the purpose set forth herein above and (2) that the line appropriation which shall be charged is as follows:
    1. Business Unit      Department    Division       Account   Bud. Ref.
NW051                 G13                  D13MO          71280        B2013
    1. A fully executed copy of this contract and Notice to Proceed shall be filed in the Office of the City Clerk by the Director of the Department of Economic & Housing Development.
    1. There shall be no advance payments against this contract pursuant to N.J.S.A. 40A:5-16.
    1. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and shall be made available for public inspection.
    1. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of the adoption of this Resolution.
 
 
STATEMENT
 
This resolution authorizes the Mayor and/or his designee the Deputy Mayor/Director of the Department of Economic and Housing Development to enter into and execute a contract with Brilliant Environmental Services, LLC, 1A Executive Drive, Toms River, New Jersey 08755, for Environmental Review Services, in an amount not to exceed ($45,000.00), for the period of one year from the date of issuance of a Notice to Proceed by the Deputy Mayor/Director of the Department of Economic and Housing Development.