Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Extension of Emergency Contract #E2020-21
Purpose: To acquire hotel rooms for the purpose of quarantining or isolating individuals with related COVID-19 pandemic issues.
Entity Name: Berger Organization, LLC a/k/a Best Western Robert Treat Hotel
Entity Address: 50 Park Place, Newark, New Jersey 07102
Contract Amount: Not to exceed $700,000.00
Funding Source: 2021 Budget/ARP/051- G21-ARPT0-71280-B2021
Contract Period: Ratified and extended commencing January 14, 2021 and continuing until such time as the emergency is abated
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Additional Information:
Extension of Emergency Contract #E2020-21.
A contract amount not to exceed $700,000.00.
body
WHEREAS, on October 21, 2020 the Department of Health and Community Wellness requested a declaration of emergency to acquire hotel rooms for purpose of quarantining or isolating space for covid-19 pandemic for the health, safety, and welfare of the residents of the City of Newark; and
WHEREAS, on October 22, 2020 the Qualified Purchasing Agent, QPA, declared an emergency and awarded an Emergency Contract for the period of October 14, 2020 through January 13, 2021 in the amount of Forty Thousand Dollars and Zero Cents ($40,000.00) to Berger Organization LLC. a.k.a. Best Western Robert Treat Hotel, 50 Park Place, Newark, NJ 07102 (the “Vendor”). (A copy of Emergency Contract # E-2020-21 is attached hereto and made a part of this resolution); and
WHEREAS, the Department of Health and Community Wellness is in immediate and emergent need for the Vendor to continue to provide hotel rooms for the purpose of quarantining or isolating individuals with related Covid-19 pandemic issues for the citizens in the City of Newark commencing from the period of January 14, 2021 and continuing until such time as the emergency is abated; and
WHEREAS, N.J.S.A. 40A:11-6 provides that Emergency Contracts may be entered into when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services; and
WHEREAS, the Department of Health and Community Wellness has represented to the QPA that the vendor, Berger Organization LLC aka Best Western Robert Treat Hotel has continued to provide the necessary and required services and that cessation of the services would pose an imminent harm to the health, safety and welfare of the residents and/or cause the need for a new emergency declaration; and
WHEREAS, the Department of Health and Community Wellness desires to ratify and extend Emergency Contract #E2020-21 for the period commencing on January 14, 2021 and continuing to such time as the City executes a contract or the emergency is abated for a total amount not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00); and
WHEREAS, the Department of Health and Community Wellness has assured the Division of Central Purchasing that it has developed specifications to enable this service to go out to bid; and
WHEREAS, N.J.A.C. 5:34-6.1(a)3 provides that the emergency purchasing procedure may be used when the need for such goods or services has arisen notwithstanding a good faith effort on the part of a municipality to plan for the purchase of any goods or services required by the municipality; and
WHEREAS, the services of Berger Organization LLC. aka Best Western Robert Treat Hotel to the City of Newark is essential to the continued protection of the health, safety and welfare of the residents of the City of Newark; and
WHEREAS, it is a matter of public health, safety and welfare that the above-described emergency contract be extended because the City of Newark still needs to ensure the safe and uninterrupted services for its residents that need to quarantine or isolate due to the Covid-19 pandemic particularly in light of the recent spike in COVID-19 positivity rates and the impact of the Omicron variant; and
WHEREAS, City Ordinance 6PSF-e adopted on April 6, 2011, Article 2:5-13.2 (E)(1)(b)(c) limits the period of Emergency Contracts to ninety (90) days and no extensions of Emergency Contracts shall be permitted without authorization by the Municipal Council by resolution; and
WHEREAS, THE Municipal Council has the exclusive authority to extend an emergency; and
WHEREAS, the Department of Health and Community Wellness now seeks authorization by the Municipal Council to ratify and extend the emergency to prevent interruption of acquiring hotel rooms for quarantining or isolating individuals with Covid-19.
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 Qualified Purchasing Agent, QPA, and/or the Deputy Administrator of the Department of Health and Community Wellness, are authorized to extend Emergency Contract #E2020-21 with Berger Organization LLC. a.k.a. Best Western Robert Treat Hotel, 50 Park Place, Newark, New Jersey 07102 for the period commencing on January 14, 2021 and continuing to such time as the emergency is abated, for a total amount not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00).
2. This extension will allow for the continuation of acquiring hotel rooms for the purpose of quarantining or isolating individuals with related COVID-19 pandemic issues in the City of Newark.
3. The extension of Emergency Contract #E2020-21 is ratified from January 14, 2021 to the date of adoption of this authorizing resolution and until a contract is fully executed by the City.
4. Attached hereto is a Certification of Funds in an amount not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00) from the Director of Finance and the line appropriation of the Official Budget which shall be charged is Business 051- G21-ARPT0-71280-B2021
5. The Qualified Purchasing Agent, for the City of Newark, has filed a copy of Emergency Contract #E2020-21, attached hereto, with the Office of the City Clerk.
6. If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Qualified Purchasing Agent and the Department of Health and Community Wellness to extend Emergency Contract # E2020-21 with Berger Organization LLC. aka Best Western Robert Treat Hotel, 50 Park Place, Newark, New Jersey 07102, to provide hotel rooms for the purpose of quarantining or isolating individuals with related covid-19 pandemic issues, for the period commencing on January 14, 2021 and continuing until such time as the emergency is abated, for a total amount not to exceed Seven Hundred Thousand Dollars and Zero Cents ($700,000.00).