Title
Dept/ Agency: Economic & Housing Development
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract with Sub-recipient
Purpose: Provide Physical Rehabilitation to its facility located at 441Broad Street, Newark, New Jersey 07102
Entity Name: FOCUS Hispanic Center for Community Development, Inc
Entity Address: 441-443 Broad Street Newark, New Jersey 07102
Grant Amount: Not to exceed $20,900.00
Funding Source: United States Department of Housing and Urban Development (HUD)/ Community Development Block Grants (CDBG) Funds
Contract Period: January 1, 2015 through December 31, 2015
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( X ) Fair & Open ( ) No Reportable Contributions ( X ) RFP ( ) RFQ
( ) Private Sale ( X ) Grant ( ) Sub-recipient ( ) n/a
List of Property: (If applicable)
(Address/Block/Lot/Ward)
441 Broad Street/Block 31/Lot4/Central Ward
Additional Information:
Resolution 7R1-K 010715: applied for and accepted grant funds
Resolution 7R1-C 020415; appropriated grant funds
2013 Financial/Audit report attached to file; 2014 report to be finalized by end of July 2015
body
WHEREAS, pursuant to Resolution 7R1-K, adopted January 7, 2015, the Mayor and/or his designee, the Business Administrator, were authorized to file FY2015 (Program Year 2014-2015) 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), $6,569,453.00; HOME Investment Partnerships (HOME), $1,853,743.00; Housing Opportunities for People With AIDS (HOPWA), $6,473,182.00 (on behalf of Newark and the "Eligible Metropolitan Area"); and Emergency Shelter Grants (ESG), $548,578.00, 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 CDBG Physical Rehabilitation Services on June 20, 2014 with all proposals due on July 28, 2014; 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 20, 2014 to the date of adoption of this Resolution and authorizes its use in the future; and
WHEREAS, the proposal received from FOCUS Hispanic Center for Community Development, Inc. 441-443 Broad Street, Newark, New Jersey 07102, 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 CDBG Physical Rehabilitation Services, which consists of HVAC Replacement to its facility located at 441Broad Street, Newark, New Jersey 07102, for the contract period January 1, 2015 through December 31, 2015, for a total contract amount not to exceed $20,900.00; 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, and all Statues and Regulations governing the use of Community Development Block Grant funds; and
WHEREAS, reporting requirements pursuant to N.J.S.A. 19:44A-20.5, et seq. is only applicable to Business Entities as defined therein and do not include non-profit organizations. As a non-profit organization, FOCUS Hispanic Center for Community Development, Inc, 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 of the Department of Economic & Housing Development, are hereby authorized to enter into and execute a Sub-recipient Agreement with FOCUS Hispanic Center for Community Development, Inc., 441-443 Broad Street, Newark, New Jersey 07102, hereinafter, "Sub-Recipient," for the period January 1, 2015 through December 31, 2015, to provide a Community Development Block Grant ("CDBG") in an amount not to exceed $20,900.00, to allow the Sub-recipient to perform physical rehabilitation services consisting of HVAC replacement to its facility located at 441Broad Street, Newark, New Jersey 07102, which is further described in the "Scope of Services" attached hereto as Exhibit A.
2. The CDBG Sub-recipient Agreement between the City of Newark and sub-recipient is hereby ratified from January 1, 2015 to the date of adoption of this authorizing resolution.
3. The total compensation to be paid pursuant to said Agreement is $20,900.00 and shall be paid from CDBG funding.
4. The terms of the contract may only be waived or amended in writing and signed by the parties duly authorized to execute this contract, subject to the approval of the Newark Municipal Council by Resolution. The term of this contract may be extended for up to two (2) 6-month periods, provided that any such extension is at no additional cost to the City, is authorized by Resolution of the Newark Municipal Council including a finding that the services are being performed in an effective and efficient manner, and is in writing and signed by both parties.
5. The Municipal Council ratifies the use of competitive contracting for processing and awarding Housing and Urban Development Entitlement Programs from June 20, 2014 to the date of adoption of this Resolution and authorizes its use in the future.
6. This CDBG Sub-recipient 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 all Statues and Regulations governing the use of Community Development Block Grant funds.
7. Attached hereto is a Certification of Funds from the Acting Director of Finance, which states that (1) there are sufficient funds for the purpose set forth hereinabove and (2) the line appropriation of the official budget which shall be charged is Business Unit, NW027; Department, A15; Div/Proj., EA570, Activity, A; Account, 72090; Budget, B2015.
8. 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 designee, the Business Administrator and the Deputy Mayor/Director of the Department of Economic & Housing Development, to enter into and execute a Sub-recipient Agreement with FOCUS Hispanic Center for Community Development, Incenter, Inc., 441-443 Broad Street, Newark, New Jersey 07102, for the period of January 1, 2015 to December 31, 2015, to provide a Community Development Block Grant ("CDBG") in an amount not to exceed $20,900.00, to allow the Sub-recipient to perform physical rehabilitation services consisting of HVAC replacement to its facility located at 441Broad Street, Newark, New Jersey 07102