Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Extension of Emergency Contract #E2021-10
Purpose: To provide delivery of Temporary Container Sheltering and Shelter Operations at located at 51-63 Elizabeth Avenue, Newark, New Jersey 07108.
Entity Name(s):
1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901;
2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052;
3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102;
4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103;
5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102;
6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040;
7) A. Lembo Car and Heavy Truck Collision, Inc., 76 Riverside Avenue, Newark, New Jersey 07104; and
8) E2 Project Management, LLC, 87 Hibernia Avenue, Rockaway, New Jersey 07866
Contract Amount: Not to exceed $3,936,439.00
Funding Source: 2021 Budget/Business Unit: 051, Dept: G21, Div/Project: ARPJO, Account: 72090, Budget Year: B2021
Contract Period: February 4, 2023 through August 3, 2023
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:
An Emergency Declaration, Contract # E2021-10, for the period of November 3, 2021 through February 3, 2022 was awarded to five (5) vendors, in an amount of $1,851,256.00.
The 1st Extension and amendment to Emergency Contract #E2021-10, was to extend the contract for the period of February 4, 2022 through August 3, 2022, to seven (7) vendors for an increased contract amount not to exceed $2,393,346.00.
The 2nd Extension and amendment to Emergency Contract #E2021-10, was to extend the contract for the period of August 4, 2022 through February 3, 2023, to eight (8) vendors in an amount not to exceed $2,393,346.00.
This 3rd Extension and amendment to Emergency Contract #E2021-10, is to extend the contract for the period of February 4, 2023 through August 3, 2023, to eight (8) vendors for an increased contract amount not to exceed $3,936,439.00.
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WHEREAS, on November 1, 2021 the Department of Administration requested a declaration of emergency to retrofit safe, low cost shelter solutions in the form of temporary container sheltering up to sixty (60) individuals in each of two (2) sites, Hope Village 2 and Hope Village 3, located at located at 51-63 Elizabeth Avenue, Newark, New Jersey 07108 pending the termination of the City's contract for shelter services at the Holiday Inn, over capacity at City of Newark contracted shelters, lack of units for persons with little to no income, during Code Blue in order to prevent, prepare for and respond to the COVID-19 Pandemic and for services related to the operation of the two (2) temporary container shelters; and
WHEREAS, on November 3, 2021, the Qualified Purchasing Agent, QPA, declared an emergency and awarded an Emergency Contract for the period of November 3, 2021 through February 3, 2022 in the total amount of One Million Eight Hundred and Fifty-One Thousand Two Hundred and Fifty-Six Dollars and Zero Cents ($1,851,256.00) to five (5) vendors: (1) Custom containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901 for Retro Fit of containers-not to exceed One Million Four Hundred and Fifty Thousand Dollars and Zero Cents ($1,450,000.00); (2)Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052 for Pre-design, design and container renderings not to exceed Thirty-Four Thousand Five Hundred Dollars and Zero Cents ($34,500.00); (3) Project For Empty Space, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052 for Artwork not to exceed Fourteen Thousand Dollars and Zero Cents ($14,000.00); (4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103 for Operation of the Container Shelter not to exceed One Hundred Seventy-Seven Thousand Seven Hundred and Sixty-Five Dollars and Zero Cents ($177,765.00); and (5) AIDS Resource Foundation For Children 77 Academy Street, Newark, New Jersey 07102 for Operation of container Shelter not to exceed One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00). (A copy of Emergency Contract #E2021-10 is attached hereto and made a part of this Resolution); and
WHEREAS, on April 12, 2022, pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1(a)3, the Municipal Council adopted Resolution 7R1-h(S/A) on April 12, 2022, which authorized the Mayor of the City of Newark and/or his designee, the QPA and/or the Business Administrator, to award a contract to seven (7) vendors the aforementioned Emergency Contract #E-2021-10 that commenced from February 4, 2022 through August 3, 2022. A copy of said Resolution is attached hereto and made a part hereof; and
WHEREAS, on October 19, 2022, pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1(a)3, the Municipal Council adopted Resolution 7R1-e(as) on October 19, 2022, which authorized the Mayor of the City of Newark and/or his designee, the QPA and/or the Business Administrator, to award a contract to eight (8) vendors the aforementioned Emergency Contract #E-2021-10 that commenced from August 4, 2022 through February 3, 2023. A copy of said Resolution is attached hereto and made a part hereof; and
WHEREAS, the Department of Administration continues to be in immediate need for the Vendors to provide, during Code Blue, Code Red, and the COVID-19 Pandemic, low cost shelter solutions in the form of temporary container sheltering and operations, for the most vulnerable citizens in the City of Newark, while addressing ongoing delays associated with supply chain issues, for the period commencing February 4, 2023 through August 3, 2023; 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 Administration has presented to the QPA a request to increase the not to exceed amount for two (2) vendors:, Project for Empty Space, 800 Broad Street Newark, New Jersey 07102, and Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040, for changes to scope of work to accommodate the new site, supply and install changes to project site retaining wall including height increases at rear, and coordinate the supply and installation of security booth, at an amount not to exceed Fifteen Thousand Dollars and Zero Cents ($15,000.00) and Six Hundred Ninety Three Thousand Four Hundred Sixty Eight Dollars and Zero Cents ($693,468.00), respectively . All other vendors listed on Contract #E2021-10 have continued to provide the necessary and required temporary container shelter and shelter operation services during code blue, and because 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 Administration desires to ratify, extend and amend Emergency Contract #E2020-21 for the period commencing on February 4, 2023 and continuing until August 3, 2023 for a total amount not to exceed Three Million Nine Hundred Thirty Six Thousand four Hundred Thirty Nine Dollars and Zero Cents ($3,936,439.00) for all eight (8) vendors; and
WHEREAS, the Department of Administration has assured the Division of Central Purchasing that it has developed specifications to enable the issuance of an RFQ to solicit for the operation of shelter services; 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 Vendors listed on this Resolution are 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 temporary shelter during code blue the code red, and the COVID-10 Pandemic; 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 Administration now seeks authorization by the Municipal Council to ratify, extend and amend the emergency to prevent interruption of temporary container shelter and shelter operation services for Homeless individuals during code blue, code red and the COVID-19 Pandemic.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designees, the Qualified Purchasing Agent, QPA, and/or the Deputy Administrator of the Department of Administration, are authorized to ratify, extend and amend Emergency Contract #E2020-21 with: (1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901; and (2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052; and (3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102; and (4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103; and (5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102; and (6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040; (7) A. Lembo Car and Heavy Truck Collision, Inc., 76 Riverside Avenue, Newark, New Jersey 07104; and (8) E2 Project Management LLC, 87 Hibernia Avenue, Rockaway, New Jersey 07866 for the period commencing on February 4, 2023 through August 3, 2023, to provide the delivery of temporary container sheltering and sheltering operations located at 51-63 Elizabeth Avenue, Newark, New jersey 07108for a total amount not to exceed Three Million Nine Hundred Thirty Six Thousand Four Hundred Thirty Nine Dollars and Zero Cents ($3,936,439.00) for all eight (8) vendors.
2. This extension and amendment will allow for the continuation of Temporary Container Shelter and Shelter Operation Services during Code Blue, Code Red and COVID-19 Pandemic, for individuals and families in the City of Newark.
3. The extension of Emergency Contract #E2020-21 is ratified from February 4, 2023 to the date of adoption of this authorizing Resolution.
4. The Certification of Funds in an amount of Three Million Nine Hundred Thirty Six Thousand Four Hundred Thirty Nine Dollars and Zero Cents ($3,936,439.00) will be obtained from the Director of the Department of Finance and the line appropriation of the Official Budget, which shall be charged is: 051- G21-ARPJO-72090-B2021 upon adoption of the budget insertion.
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 of the City of Newark and/or his designee, the Qualified Purchasing Agent and the Department of Administration to extend and amend Emergency Contract #E2020-21 with eight (8) vendors: (1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901; (2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052; and (3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102; and (4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103; and (5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102; and (6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040; (7) A. Lembo Car and Heavy Truck Collision, Inc., 76 Riverside Avenue, Newark, New Jersey 07104; and (8) E2 Project Management LLC, 87 Hibernia Avenue, Rockaway, New Jersey 07866 to provide for the delivery of temporary container sheltering and shelter operations at Hope Village 2 and Hope Village 3, located at 51-63 Elizabeth Avenue, Newark, New Jersey 07108, during Code Blue, Code Red and COVID-19 Pandemic, for the period commencing on February 4, 2023 through August 3, 2023 for a total amount not to exceed Three Million Nine Hundred Thirty Six Thousand Four Hundred Thirty Nine Dollars and Zero Cents ($3,936,439.00) for all eight (8) vendors.