Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Consent to Assignment of Emergency Contract
Purpose: Assigning Emergency Contract to new entity pursuant to an asset purchase agreement and NJDEP Order
Entity Name: Interstate Waste Service of New Jersey, Inc.
Entity Address: 300 Frank W. Burr Boulevard, Suite 39, Teaneck, New Jersey 07666
Contract Amount: $156,598.00 monthly
Funding Source: City Budget/Department of Neighborhood and Recreational Services
Contract Period: Contract being assigned pursuant to N.J.A.C.5:34-6.1(a)
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the Director of the Department of Neighborhood and Recreational Services, entered into Emergency Contract Number E2012-07, dated April 2, 2012, with D&J Marangi, Inc. t/a ACE Environmental Services, 429 Frelinghuysen Avenue, Newark, New Jersey 07114, (hereinafter referred to as D&J Marangi, Inc.) a solid waste collection utility, to provide solid waste removal services, type 10, household garbage and type 13, bulk waste collection; and
WHEREAS, the contract has been extended various times by Resolutions 7R1-d(S) dated June 26, 2012, 7R1-p dated December 19, 2012, 7R10-a dated February 20, 2013 and 7R1-o dated March 20, 2013; and
WHEREAS, the original Emergency Contract has since lapsed despite the continued existence of an extended emergency contract and the vendor, D&J Marangi, Inc. continues to diligently perform without a contract; and
WHEREAS, it is imperative that household garbage and bulk waste continue to be removed because these may cause a hazardous effect creating unsanitary living conditions, and unhealthy air quality, thereby negatively impacting residents in the City of Newark effecting health, safety, welfare and the quality of life; and
WHEREAS, the area of collection includes the southern side of 15th Avenue and Court Street to the City line of Hillside, New Jersey and the western side of Broad Street to the City line of Irvington, New Jersey; and
WHEREAS, City Ordinance 6PSF-e April 6, 2011, Article 2:5-13.2(E)(1) (b) (c), states that Emergency Contracts shall not be for a period in excess of ninety (90) days and no extensions of emergency contracts shall be permitted without authorization by the Municipal Council by resolution; and
WHEREAS, the vendor, D&J Marangi, Inc. is in the process of restructuring its business, in doing so, D&J Marangi Inc., has determined to sell all of its tangible and intangible assets; and
WHEREAS, on or about July 8, 2015, D&J Marangi, Inc. entered into an Asset Purchase Agreement (hereinafter referred to as “the Agreement”) with Interstate Waste Services of New Jersey, Inc., 300 Frank W. Burr Boulevard, Suite 39, Teaneck, New Jersey, 07666 (hereinafter referred to as “IWS, Inc.”) to purchase certain tangible assets and accept assignment of contracts held by D&J Marangi, Inc.; and
WHEREAS, on or about July 15, 2015, the vendor, D&J Marangi, Inc. and IWS, Inc. submitted a petition to New Jersey Department of Environmental Protection, Bureau of Planning and Licensing for approval to purchase assets and accept assignments from D&J Marangi, Inc. (hereinafter referred to as “the petition”); and
WHEREAS, the New Jersey Department of Environmental Protection, Bureau of Planning and Licensing issued an Order finding the transfer of assets from D & J Marangi, Inc. and IWS, Inc. is in the public interest and approved the transfer of assets (See attached Order); and
WHEREAS, D&J Marangi, Inc. requests that Emergency Contract number E2012-07, dated April 2, 2012 be assigned to IWS, Inc.; and
WHEREAS, it is now necessary that the Director of the Department of Neighborhood and Recreational Services enter into and execute the attached “Consent to Assignment Agreement” with D&J Marangi, Inc. and IWS, Inc. to properly assign the Emergency Contract to IWS, Inc. and
WHEREAS, the Director of Neighborhood and Recreational Services, through the Business Administrator, on or about December 15, 2015 and through Emergency Contract E2015-16 with the assignee, IWS, Inc. declared an emergency continues to exist pursuant to N.J.A.C. 5:34-6.1(a), notwithstanding a good faith effort by the contracting unit to award a contract, the need has arisen for an emergency contract for solid waste removal, types 10 and 13.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Emergency Contract No. E2012-07 dated April 2, 2012, with D&J Marangi, Inc. t/a ACE Environmental Services, 429 Frelinghuysen Avenue, Newark, New Jersey 07114, a solid waste collection utility, to provide solid waste removal services, type 10, household garbage and type13, bulk waste collection shall be assigned to IWS, Inc., 300 Frank W. Burr Boulevard, Suite 39, Teaneck, New Jersey 07666. The area of collection includes the southern side of 15th Avenue and Court Street to the City line of Hillside, New Jersey and the western side of Broad Street to the City line of Irvington, New Jersey.
2. The Business Administrator and/or his designee, the Director of the Department of Neighborhood and Recreational Services are hereby authorized to execute the written assignment for Emergency Contract No. E2012-07 dated April 2, 2012, with D&J Marangi, Inc. to IWS, Inc.
3. A copy of said assignment shall be filed with the Office of the City Clerk by the Business Administrator for the City of Newark.
STATEMENT
This resolution authorizes the Business Administrator and/or his designee, the Director of the Department of Neighborhood and Recreational Services, to execute a written assignment for Emergency Contract No. E2012-07 dated April 2, 2012, with D&J Marangi, Inc. to Interstate Waste Service of New Jersey, Inc., to provide solid waste removal services; type 10, household garbage and type 13, bulk waste collections.