Title
Dept/ Agency: Economic & Housing Development
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract with Sub-recipient
Purpose: Physical Rehabilitation - Passaic Riverfront Park Project
Entity Name: The Trust for Public Land
Entity Address: 1 Washington Street, Suite 1401-H, Newark, New Jersey 07102
Grant Amount: $2,651,809.00
Funding Source: United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program
Contract Period: September 1, 2012-June 30, 2013
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale (X ) Grant ( X ) Sub-recipient ( ) n/a
List of Property: (If applicable)
(Address/Block/Lot/Ward)
Additional Information:
i.e. Funds accepted by Resolution 7R1-a 090110, 7R1-f 100511 and 7R1-f 121912
body
WHEREAS, pursuant to Resolution 7R1-a, adopted September 1, 2010, the Mayor and/or his designee, the Business Administrator, were authorized to file FY2010 (Program Year 2009-2010) 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), $9,359,979.00; HOME Investment Partnerships (HOME), $4,210,062; Housing Opportunities for People With AIDS (HOPWA), $6,620,013.00 (on behalf of Newark and the “Eligible Metropolitan Area”); and Emergency Shelter Grants (ESG), $378,210, 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 Resolution 7R1-f, adopted October 5, 2011, the Mayor and/or his designee, the Business Administrator, were authorized to file FY2011 (Program Year 2011-2012) 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), $7,835,598.00; HOME Investment Partnerships (HOME), $3,716,178.00; Housing Opportunities for People With AIDS (HOPWA), $6,646,213.00 (on behalf of Newark and the “Eligible Metropolitan Area”); and Emergency Shelter Grants (ESG), $379,213.00, 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 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 Community Development Block Grant 24CFR 570.201(c) the Deputy Mayor/Director of the Department of Economic and Housing Development deemed this project as an area benefit and the most advantageous to the City of Newark to utilize CDBG funds to assist with the construction of a recreation area at the Passaic Riverfront Park; and
WHEREAS, the Deputy Mayor/Director of the Department of Economic and Housing Development on behalf of the Business Administrator and the City of Newark seek authorization to enter into a non-fair and open agreement with The Trust for Public Land, in the amount of $2,651,809.00, for the purpose of providing physical rehabilitation services to the Passaic Riverfront Phase 1, which consists of 4 acres bounded by Van Buren Street, Raymond Boulevard, Oxford Street, and the Passaic River, for the contract period September 1, 2012 - June 30, 2013, in an amount not to exceed $2,651,809.00; and
WHEREAS, this Agreement awarded to the Sub-recipient is 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 570.201 (c); and
WHEREAS, the park, which will be open to the general public from across the City and beyond, will include walking and biking trails; a floating boat dock; riverfront boardwalk; lawns for relaxation, picnics, exercise; and facilities and interpretive elements for environmental education. This open space will serve as a connection between Essex County Riverfront Park to the east and Riverbank Park to the south, providing a second point of riverfront access for all residents of the City of Newark and much-needed recreation space in the Ironbound neighborhood of Newark with the overall project cost at an aggregate of $9 million; 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 designee, the Business Administrator and the Deputy Mayor/Director, Department of Economic & Housing Development, are hereby authorized to enter into and execute an Agreement with the Trust for Public Land, 1 Washington Street, Suite 1041-H, Newark 07102, New Jersey, for the period September 1, 2012 to June 30, 2013, to provide Physical Rehabilitation, which is further described in the “Scope of Services” attached hereto.
2. The contract between the City of Newark and sub-recipient is hereby ratified from September 1, 2012 to the date of adoption of this authorizing resolution.
3. The total compensation to be paid pursuant to said Agreement is not to exceed $2,651,809.00 and shall be paid from CDBG funding program years 2010, 2011 and 2012.
4. The Municipal Council ratifies the use of non-competitive contracting for processing and awarding Housing and Urban Development Entitlement Programs from September 1, 2010, August 23, 2011 and June 21, 2012 to the date of adoption and authorizes its use of funds for the Passaic Riverfront Park Project.
5. This Agreement is being awarded pursuant to the non-fair and open procedures of the State Pay-to-Play Law, N.J.S.A 19:44A-20.5. and the Community Development Block Grant, 24 CFR 135 (Section #3 reporting requirements) and 24 CFR 570.201.
6. Attached hereto is a certification of funds from the Municipal Comptroller of the City of Newark, which states that there are sufficient funds for the purpose set forth hereinabove.
7. An executed copy of said Agreement shall be filed with the Office of the City Clerk by the Business Administrator.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Business Administrator and the Deputy Mayor/Director, Department of Economic and Housing Development, to enter into and execute an Agreement with The Trust for Public Land, 1 Washington Street, Suite 1401-H, Newark, New Jersey 07102, utilizing CDBG funding, for the purpose of providing Physical Services,for the Rehabilitation-Passaic Riverfront Park Project, for the period of September 1, 2012 to June 30, 2013, for the total amount of $2,651,809.00. This Agreement is being awarded pursuant to the non-fair and open procedures of the State Pay-to-Play Law, N.J.S.A 19:44A-20.5, and the Community Development Block Grant, 24 CFR 570.201 and is in compliance with Executive Order Number MEO-07-001, effective March 31, 2007.