Title
Dept/ Agency: Economic & Housing Development
Action: ( x ) Ratifying (X) Authorizing ( ) Amending
Type of Service: EUS Contract
Purpose: To improve the quality of preserved open space by enhancing existing community parks, developing urban gardens and farms and otherwise beautifying abandoned lots in the City's Central Ward
Entity Name: Greater Newark Conservancy
Entity Address: 32 Prince Street, Newark, NJ, 07103
Contract Amount: $180,000.00
Funding Source: $105,000.00 from the Community and Economic Development Trust Fund and $75,000.00 from the Neighborhood Program Fund.
Contract Period: May 1, 2011 to April 30, 2012
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( x ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
none
body
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (the "LPCL"), a municipality may enter into a contract for the performance of goods and services without competitive public bidding if the goods and services being procured qualify as professional services and/or extraordinary unspecifiable services; and
WHEREAS, the City of Newark, Department of Economic and Housing Development has implemented the Clean & Green Jobs Neighborhood Program which promotes environmental stewardship to improve the quality of life in New Jersey's urban communities through the development of urban gardens and farms (the "Program"); and
WHEREAS, the services necessary to implement and perform the Program qualify as extraordinary unspecifiable services because the services to be provided are of such a qualitative nature that the performance of the services cannot be reasonably described by written specifications because they involve subjective artistic design of gardens and public open space to provide visual improvements to City neighborhoods; and
WHEREAS, Greater Newark Conservancy (the "GNC") is a nonprofit corporation dedicated to improving the quality of preserved open space by enhancing existing community parks, developing urban gardens and farms and otherwise beautifying abandoned lots in urban communities; and
WHEREAS, the GNC has 25 years of experience in transforming urban neighborhoods with lush community gardens; and
WHEREAS, due to the unique nature of the work performed by the GNC and its experience in implementing neighborhood beautification projects, the City of Newark wishes to ratify the execution of a contract with the GNC authorizing it to implement the Program in various abandoned lots in the Central Ward; and
WHEREAS, the GNC has demonstrated that it is qualified by its training and experience to provide the required services in the manner and on the terms and conditions set forth in its executed contract.
NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and the Deputy Mayor/Director of the Department of Economic and Housing Development are hereby authorized to enter into and execute a contract with the Greater Newark Conservancy, 32 Prince Street, Newark, New Jersey 07103, in a form substantially similar to the contract attached hereto and made a part hereof, for the purpose of improving the quality of preserved open space by enhancing existing community parks, developing urban gardens and farms and otherwise beautifying abandoned lots in the City's Central Ward, in an amount not to exceed $180,000.00, for the period commencing May 1, 2011 and terminating on April 30, 2012.
2. Attached hereto is a Certification of Funds which states that there are available legally appropriated funds for the purpose set forth hereinabove in the amount of $180,000.00.
3. This contract shall be funded from the following sources: $105,000 from the Community and Economic Development Trust Fund and $75,000 from the Neighborhood Program Fund.
4. This Program furthers the purposes and goals of the redevelopment plan for the Central Ward by providing for the rehabilitation of city-owned vacant lots for future redevelopment purposes including but not limited to the capital improvement of such lots by means of grading and planting of community gardens.
5. The GNC has provided a sworn statement that it has not made any contribution in violation of the City's Redeveloper Pay-to-Play Ordinance.
6. This contract is hereby ratified from May 1, 2011 until the date of adoption of this authorizing resolution.
7. The contract is awarded as an Extraordinary Unspecifiable Service pursuant to the provisions of the State Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(ii)).
8. Due to the unique nature of the services being provided it was impracticable to obtain two competitive quotations.
9. The Certification of Extraordinary Unspecifiable Service, as required by N.J.A.C. 5:34-2.3(b), is attached hereto and shall be filed in the Office of the City Clerk with the original resolution.
10. A copy of the Comptroller's Certification and the fully-executed contract herein authorized shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
11. 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 10 days of its passage.
STATEMENT
This resolution authorizes the Mayor and the Deputy Mayor/Director of the Department of Economic and Housing Development to enter into and execute a contract with Greater Newark Conservancy, for the purpose of improving the quality of preserved open space by enhancing existing community parks, developing urban gardens and farms and otherwise beautifying abandoned lots in the City's Central Ward, in an amount not to exceed $180,000.00, for the period commencing May 1, 2011 and terminating on April 30, 2012.