Title
Dept/ Agency: Health and Community Wellness
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract with Sub-recipient
Purpose: To provide HIV/AIDS-related health and support services to the Newark Eligible Metropolitan Area
Entity Name: AIDS Resource Foundation for Children
Entity Address: 77 Academy Street Newark, New Jersey 07102
Grant Amount: Not to exceed $98,300.00
Funding Source: United States Department of Health and Human Services, Health Resources and Services Administration (HRSA)
Contract Period: March 1, 2025 through February 28, 2028
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:
Partial Certification of Funds in the amount of $49,150.00
Ryan White funds were accepted by Resolution 7R5-j adopted on February 18, 2026.
Contract year FY2027 are subject to the availability and appropriation annually of sufficient funds to meet the extended obligation.
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WHEREAS, the City of Newark ( the “City”) desires to continue to provide HIV/AIDS healthcare, supportive and related services to infected and affected residents of the Newark Eligible Metropolitan Area (NEMA) which is comprised of Essex, Union, Morris, Sussex, and Warren Counties; and
WHEREAS, pursuant to Resolution 7R5-j adopted on February 18, 2026, the Municipal Council of the City of Newark (the “Municipal Council”) authorized application for, and the acceptance of funds from the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA), 5600 Fishers Lane, Rockville, Maryland 20857, pursuant to the Ryan White HIV/AIDS Treatment Extension Act of 2009, for the provision of HIV/AIDS healthcare, supportive and related services to infected individuals and their families in the NEMA in the amount of Seven Million Nine Hundred Eighty-Six Thousand Three Hundred Thirteen Dollars and Zero Cents ($7,986,313.00); and
WHEREAS, Resolution 7R5-k, adopted on March 19, 2025 (the “Authorizing Resolution”), authorized the execution of an agreement with AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102 (the “Sub-Recipient”), for a project period from March 1, 2025 through February 29, 2028, in an amount not to exceed Four Hundred Thirty-Four Thousand Eight Hundred Eighty-Four Dollars and Zero Cents ($434,884.00) for Fiscal Year 2025, with funding for Fiscal Years 2026 and 2027 subject to Municipal Council approval, the issuance of a Notice to Proceed/Award Letter and the availability of funds, at amount to be determined for each Fiscal Year; and
WHEREAS, pursuant to Authorizing Resolution, the Sub-Recipient submitted its Non-Competing continuation (“NCC”) progress reports and budget documents in lieu of a competitive application, subject to the availability and appropriation to extend its obligation for FY 2026; and
WHEREAS, based on the submission of the NCC progress reports and budget documents, the City’s, Department of Health and Community Wellness (“DHCW”), desires to enter into an Agreement with the Sub-Recipient to provide Ryan White eligible services to the NEMA, which is more specifically described in the “Scope of Services” (attached hereto and made a part hereof) for the Fiscal Year 2026, March 1, 2026 through February 28, 2027 in an amount not to exceed Ninety-Eight Thousand, Three Hundred Dollars and Zero Cents ($98,300.00) with a partial award amount of Forty-Nine Thousand, One Hundred Fifty Dollars and Zero Cents ($49,150.00), and the balance maybe provided in September of 2026, subject the availability of funds, and a progress review and approval from the Director of DHCW; and
WHEREAS, DHCW desires to accept additional funds as they may become available from HRSA under the Ryan White HIV/AIDS Treatment Extension Act of 2009; and
WHEREAS, DHCW, shall upon receipt of additional funding, file an amending resolution reflecting the final award amount of each Sub-Recipient, accompanied with a copy of the Notice to Proceed/Award Letter and Certification of Funds; 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 clients’ health information and ensure the privacy of that information; and
WHEREAS, this Agreement is being awarded pursuant to the fair and open procedures of State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and is in compliance with the City’s Ordinance on Pay-to-Play, R.O. 2.4-22C; and
WHEREAS, this Agreement is being awarded pursuant to State Local Public Contracts Law, including N.J.S.A. 40A:11-4.1(b)(2) and/or N.J.S.A. 40A:11-5, and the Ryan White HIV/AIDS Treatment Extension Act of 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, and the Director of the Department of Health and Community Wellness (“DHCW”), are hereby authorized to enter into and execute an Agreement with the AIDS Resource Foundation for Children, 77 Academy Street, Newark, NJ 07102, for the provision of Ryan White’s eligible services to the Newark Eligible Metropolitan Area (“NEMA”), which is more specifically described in the “Scope of Services” attached hereto and made a part hereof, for the Fiscal Year 2026, March 1, 2026 through February 28, 2027 in an amount not to exceed Ninety-Eight Thousand, Three Hundred Dollars and Zero Cents ($98,300.00) with a partial award amount of Forty-Nine Thousand, One Hundred Fifty Dollars and Zero Cents ($49,150.00), and the balance maybe provided in September of 2026 subject the availability of funds, and a progress review and approval from the Director of DHCW;
2. The Notice to Proceed is ratified from March 1, 2026, until the date of adoption by the Newark Municipal Council of this authorizing Resolution.
3. The Mayor and/or his designee, and the Director of the Department of Health and Community Wellness, are hereby authorized to accept and expend additional funds as they become available from the United States Department of Health and Human Services, Health Resources and Services Administration, pursuant to the Ryan White Treatment Extension Act of 2009, for the period commencing on March 1, 2026, and terminating on February 28, 2027.
4. Attached hereto is a partial Certification of Funds in the amount of Forty-Nine Thousand, One Hundred Fifty Dollars and Zero Cents ($49,150.00) from the Municipal Comptroller of the City of Newark and the line appropriation of the official budget which shall be charged is Business Unit 051; Dept. ID G26; Division 6H6C0; Account# 72090; Budget Ref. B2026.
5. The City of Newark, Department of Health and Community Wellness shall file an Amending Resolution upon receipt of the additional funds, which shall state the contract amount for each Sub-Recipient and/or Vendor accompanied with the Notice to Proceed and the Certification of Funds.
6. This Agreement is hereby ratified from March 1, 2026, through the date of adoption of this authorizing Resolution.
The Sub-Recipient shall not proceed with the provision of any services beyond the twelve (12) month period of March 1, 2026, and terminating on February 28, 2027, until the issuance of a Notice to Proceed/Award Letter by the Director of the Department of Health and Community Wellness. Sub-Recipients and Vendors will submit Non-Competing Continuation (NCC) progress reports and budget documents for the remaining contract year(FY2027) in lieu of a competitive application which is subject to availability and appropriation annually of sufficient funds to meet the extended obligation.
7. The Sub-Recipient shall execute and formalize a Business Associate Agreement with the City of Newark to protect clients’ health information and ensure the privacy of that information, in accordance with the Federal Health Insurance Portability and Accountability Act (HIPAA) of 1995 (a copy is attached hereto).
8. This Agreement was procured and 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 N.J.S.A. 40A:11-4.1(b)(2) and/or N.J.S.A. 40A:11-5, the Ryan White HIV/AIDS Treatment Extension Act of 2009, and is in compliance with the City’s Ordinance on Pay-to-Play, R.O. 2:4-22C.
9. The Director of the Department of Health and Community Wellness shall file a fully executed copy of said Agreement and the Certification of Funds along with this Resolution with the Office of the City Clerk.
STATEMENT
This Resolution ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Health and Community Wellness, to enter into and execute an Agreement with the AIDS Resource Foundation for Children, 77 Academy Street, Newark, NJ 07102, to provide Ryan White eligible services to the Newark Eligible Metropolitan Area, for Fiscal Year 2026, March 1, 2026 through February 28, 2027 in an amount not to exceed Ninety-Eight Thousand, Three Hundred Dollars and Zero Cents ($98,300.00) with a partial award amount of Forty-Nine Thousand, One Hundred Fifty Dollars and Zero Cents ($49,150.00).