Title
Dept/ Agency: Health and Community Wellness
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract with Grant Sub-recipient
Purpose: To provide housing assistance and supportive services to persons with HIV/AIDS within the Newark Eligible Metropolitan Statistical Area (NEMSA).
Entity Name: AIDS Resource Foundation for Children
Entity Address: 77 Academy Street, Newark, New Jersey 07102
Grant Amount: $1,155,397.00
Funding Source: United States Department of Housing and Urban Development (HUD)/Housing Opportunities for Persons with AIDS (HOPWA)
Contract Period: January 1, 2017 through December 31, 2017
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale (X) Grant (X) Sub-recipient ( ) n/a
Additional Information:
Funds accepted by Resolution 7R1-a adopted on February 1, 2017.
Budget Insertion by Resolution 7R1-a adopted on December 21, 2016.
body
WHEREAS, the City of Newark desires to continue to act as the Grantee/Sub-Grantor for disbursement of funds made available by the United States Department of Housing and Urban Development (HUD), Housing Opportunities for Persons with AIDS (HOPWA) Program, to provide housing assistance and supportive services for persons living with HIV/AIDS through sub-recipient contracts within the Newark Eligible Metropolitan Statistical Area (NEMSA), which consists of Essex, Hunterdon, Morris, Somerset, Sussex, and Union Counties in New Jersey and Pike County, Pennsylvania; and
WHEREAS, pursuant to Resolution 7R1-A adopted February 1, 2017, the Municipal Council of the City of Newark authorized the Mayor and/or his designee, the Business Administrator, to enter into an agreement with HUD to receive and expend grant funds in the amount of $5,807,583.00 from HUD’s HOPWA Program; and
WHEREAS, pursuant to the competitive contracting process of the State Local Public Contracts Law, as authorized by N.J.S.A. 40A:11-4.1b(2) (being the operation, management or administration of a social services program), and pursuant also to the fair and open process of State Pay-to-Play Law N.J.S.A.19-44A-20.5, the City of Newark publicly advertised a Request for Proposal (RFP) for these housing assistance and supportive services on July 15, 2016, with all proposals due on August 12, 2016; and
WHEREAS, the Municipal Council of the City of Newark previously authorized the use of competitive contracting for processing these Housing and Urban Development Entitlement Programs and authorized its use in the future; and
WHEREAS, the proposal received from AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102, hereinafter referred to as “Sub-recipient”, was found to be the most advantageous for the City of Newark based on experience and all other criteria listed in the RFP; and
WHEREAS, the Department of Health and Community Wellness desires to enter into an Agreement with the Sub-recipient, for the purpose of providing housing assistance and supportive services to persons living with HIV/AIDS within the NEMSA, for the contract period January 1, 2017 through December 31, 2017, for a total contract amount not to exceed $1,155,397.00; and
WHEREAS, this contract awarded to the Sub-recipient is in compliance with Local Public Contracts Law, including, but not limited to N.J.S.A. 40A:11-4.1(b)(2) and/or N.J.S.A. 40A:11-5, and Housing Opportunities for Persons with AIDS (HOPWA), 24 CFR 574.500(b); and
WHEREAS, the City of Newark adopted the “Contractor Pay-to-Play Reform” ordinance, codified at Section 2:4-22C of the Revised General Ordinances of Newark (hereinafter “Pay-to-Play Reform Ordinance”), which requires reporting of political contributions to candidates for City of Newark elective municipal offices or City of Newark or County of Essex political committees and prohibits certain political contributions during the duration of the contract; and
WHEREAS, reporting requirements pursuant to N.J.S.A. 19:44A-20.5, et seq. and the Pay-to-Play Reform Ordinance are only applicable to business entities as defined therein and do not include non-profit organizations, and as a non-profit organization, Sub-recipient is therefore not required to submit certain disclosure statements; and
WHEREAS, the Federal Health Insurance Portability and Accountability Act (HIPAA) of 1995 requires that all sub-recipients complete a formalized Business Associate Agreement to protect client health information and ensure the privacy of that information.
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 Interim Director of the Department of Health and Community Wellness, is hereby authorized to enter into and execute a contract on behalf of the City of Newark with AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102, for the period of January 1, 2017 through December 31, 2017, to provide certain housing assistance and supportive services to persons with HIV/AIDS, as is further described in the “Scope of Services” attached hereto and made a part hereof.
2. The Municipal Council hereby ratifies this contract from January 1, 2017 through the date of adoption of this authorizing resolution.
3. The terms of this contract may only be waived or amended in writing and signed by the parties duly authorized to execute this contract, subject to the approval of the Newark Municipal Council by resolution. The term of this contract may be extended for up to two (2) 6-month periods, provided that any such extension is at no additional cost to the City, is authorized by resolution of the Newark Municipal Council, including a finding that the services are being performed in an effective and efficient manner, and is in writing signed by both parties.
4. The total compensation to be paid pursuant to said contract shall not exceed $1,155,397.00, and shall be paid for from HOPWA funding.
5. The Municipal Council ratifies the use of competitive contracting for processing and awarding Housing and Urban Development Entitlement Programs from July 15, 2016, to the date of adoption of this resolution and authorizes its use in the future.
6. The Sub-recipient shall protect client health information and ensure the privacy of that information, in accordance with the Federal Health Insurance Portability and Accountability Act (HIPAA) of 1995, and shall execute an appropriate Business Associate Agreement.
7. This Agreement 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, State Local Public Contracts Law, including but not limited to N.J.S.A. 40A:11-4.1(b)(2) and/or N.J.S.A. 40A:11-5, and Housing Opportunities for Persons with AIDS (HOPWA), 24 CFR 574.500(b), and is in compliance with the City’s Pay-to-Play Reform Ordinance.
8. As a Grantee of federal funds, the City of Newark was required, to and did, solicit RFPs for this contract, and in entering into this contract with the Sub-recipient, is compliant with Federal Laws, State Statutes, State Local Public Contracts Law, and State Pay-to-Play Law.
9. Attached hereto is a Certification of Funds from the Municipal Comptroller of the City of Newark, which states that there are sufficient funds for the purpose set forth hereinabove, NW051; Dept. ID G16; Division/Project 2H6M0; Account# 72030; B2016.
10. An executed copy of said contract shall be filed with the Office of the City Clerk by the Interim Director of the Department of Health and Community Wellness.
STATEMENT
This resolution authorizes and ratifies the actions taken by the Mayor and/or his designee, the Interim Director of the Department of Health and Community Wellness, to enter into and execute a contract with AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102, utilizing HOPWA funding, for the purpose of providing housing assistance and supportive services to persons with HIV/AIDS within the Newark Eligible Metropolitan Statistical Area, for the period of January 1, 2017 through December 31, 2017, in an amount not to exceed $1,155,397.00.