File #: 13-0565    Version: 1 Name: TPL 12-13 CDBG Contract
Type: Resolution Status: Filed
File created: 3/21/2013 In control: Economic and Housing Development
On agenda: 8/7/2013 Final action: 8/7/2013
Title: Dept/ Agency: Economic & Housing Development Action: (X ) Ratifying (X) Authorizing ( ) Amending Type of Service: Agreement with Sub-recipient Purpose: Physical Rehabilitation to its facility located at 307 Sussex Avenue, Newark, New Jersey 07107 Entity Name: The Trust for Public Land Entity Address: One Washington Street, Suite 1401-H, Newark, New Jersey 07102 Grant Amount: $100,250.00 Funding Source: United States Department of Housing & Urban Development (HUD) Community Development Block Grant (CDBG) Program Contract Period: January 1, 1013 through December 31, 2014 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 List of Property: (If applicable) (Address/Block/Lot/Ward) 307 Sussex Avenue/Block 1885/Lot 32/Central Ward Additional Information: Funds applied for a...
Title
Dept/ Agency:  Economic & Housing Development
Action:  (X ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service:  Agreement with Sub-recipient
Purpose: Physical Rehabilitation to its facility located at 307 Sussex Avenue, Newark, New Jersey 07107
Entity Name:  The Trust for Public Land
Entity Address:  One Washington Street, Suite 1401-H, Newark, New Jersey 07102
Grant Amount: $100,250.00
Funding Source: United States Department of Housing & Urban Development (HUD) Community Development Block Grant (CDBG) Program
Contract Period:  January 1, 1013 through December 31, 2014
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    
List of Property: (If applicable)
(Address/Block/Lot/Ward)
 307 Sussex Avenue/Block 1885/Lot 32/Central Ward
Additional Information:  
 Funds applied for and accepted by Resolution 7R1-F 121912  
 Funds appropriated by Resolution 7R1-A(S) 022613
body
 
WHEREAS, pursuant to Resolution 7R1-F, adopted December 19, 2012, the Mayor and/or his designee, the Business Administrator, were authorized to file FY2012 (Program Year 2012-2013) One-Year Action Plan with the U.S. Department of Housing and Urban Development (HUD), which contained requests for funds from four grant programs:  Community Development Block Grants (CDBG), $6,623,599.00; HOME Investment Partnerships (HOME), $1,944,355.00; Housing Opportunities for People With AIDS (HOPWA), $7,218,919.00 (on behalf of Newark and the “Eligible Metropolitan Area”); and Emergency Shelter Grants (ESG), $678,542.00, and were further authorized to accept these grant funds and enter into a grant agreement with HUD for these funds, with no municipal funds required; 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(1) (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 Proposals (RFP) for this service on June 21, 2012 with all proposals due on July 23, 2012; and
 
      WHEREAS, the Municipal Council of the City of Newark hereby ratifies the use of competitive contracting for processing these Housing and Urban Development Entitlement Programs from June 21, 2012 to the date of adoption and authorizes its use in the future; and
 
WHEREAS, the proposal received from The Trust for Public Land, hereinafter, “Sub-Recipient” was the most advantageous to the City of Newark, based on experience and all other criteria listed in the RFP; and
 
WHEREAS, the Business Administrator and or his designee, the Deputy Mayor/Director of the Department of Economic & Housing Development desires to enter into an Agreement with the Sub-Recipient, for the purpose of providing Physical Rehabilitation Services it its facility located at 307 Sussex Avenue, Newark, New Jersey  07107, which consists of the development of a playground for the contract period January 1, 2013 through December 31, 2014, for a total contract amount of $100,250.00; and
 
WHEREAS, this Agreement is awarded to the Sub-Recipient, 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 Community Development Block Grant, 24 CFR 135 (Section #3 reporting requirements) and 24 CFR. 570.201; and
WHEREAS, the Mayor of the City of Newark signed into law Executive Order Number ME0-07-0001 (hereinafter “Pay-to-Play Executive Order”), which requires reporting of political contributions to Newark Municipal Candidates 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 MEO-07-0001 are only applicable to Business Entities as defined therein and do not include non-profit organizations.  As a non-profit organization, The Trust for Public Land is therefore not required to submit certain disclosure statements.
 
            NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
  1. The Mayor and/or his designees, the Business Administrator and the Deputy Mayor/Director of the Department of Economic & Housing Development are hereby authorized to enter into and execute an Agreement with The Trust for Public Land, One Washington Street, Suite 1401-H, Newark, New Jersey 07102 for the period January 1, 2013 to December 31, 2014, for the total contract amount of $100,250.00, to provide Physical Rehabilitation Services to its facility located at 307 Sussex Avenue, Newark, New Jersey 07107, which is further described in the “Scope of Services” attached hereto as Exhibit A.
  1. The Municipal Council hereby ratifies its authorization of this  agreement  from January 1, 2013 to the date of adoption of this authorizing resolution.
  1. The total compensation to be paid pursuant to said Agreement is $100,250.00 and shall be paid from CDBG funding.
  1. The Municipal Council ratifies the use of competitive contracting for processing and awarding Housing and Urban Development Entitlement Programs from June 21, 2012 to the date of adoption and authorizes its use in the future.
  1. 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 Community Development Block Grant, 24 CFR 135 (Section #3 reporting requirements) and 24 CFR 570.201.
  1. Attached hereto is a certification of funds from the Finance Director of the City of Newark, which states (1) that there are sufficient funds for the purpose set forth hereinabove and (2) that the line appropriation of the official budget which shall be charged is Business Unit NW027;Department  A13; Div./Proj. EX3B0; Activity A; Account 72090; Budget Ref. B2013
  1. An executed copy of said Agreement shall be filed with the Office of the City Clerk by the Business Administrator.
 
STATEMENT
 
This resolution ratifies and authorizes the Mayor and/or his designees, the Business Administrator and the Deputy Mayor/Director of the Department of Economic & Housing Development, to enter into a contract with The Trust for Public Land, 1 Washington Street, 1401-H, Newark, New Jersey 07102, utilizing CDBG funding, for the purpose of providing Physical Rehabilitation Services to its facility located at 307 Sussex Avenue, Newark, New Jersey  07107, for the period of January 1, 2013 through December 31, 2014, for the total contract amount of $100,250.00. (Central Ward)