Title
Dept/ Agency: Public Safety/Office of Emergency Management
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: EUS Contract
Purpose: To provide Incident Management training to emergency managers, first responders, and vendors
Entity Name: Incident Management Training Consortium, LLC. (IMTC)
Entity Address: 40365 Oak Park Way, Suite K, Oakhurst, California 93644
Contract Amount: Amount not to exceed $78,566.00
Funding Source: New Jersey Office of Homeland Security and Preparedness
Contract Period: January 18, 2017 through February 1, 2018
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. (X) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
Grant funds accepted by Resolution 7R1-g-012016 are the funding source. No Municipal funds are required for use of this contract
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WHEREAS, by Resolution 7R1-g, adopted on January 20, 2016, the Municipal Council of the City of Newark, accepted funds awarded to the Department of Public Safety, Office of Emergency Management from the FY2015 Urban Area Security Initiative (UASI-Local Share) Grant Program, to provide training by the State of New Jersey Office of Homeland Security and Preparedness, in the amount of $1,909,296.00, as a pass-through of federal preparedness assistance funds awarded by the United States Department of Homeland Security for training, maintenance, surveillance, Emergency Operations Centers (EOC) integration, Domestic Preparedness Planner position, Metropolitan Medical Response System positions, and equipment; and
WHEREAS, the City of Newark Department of Public Safety, Office of Emergency Management Division (OEM) desires to utilize a portion of the above described grant funding to provide training for sixty-four (64) participants through the delivery of a forty (40) hour United States Fire Administration’s (USFA) All Hazards Incident Management System team training course number (O-305), at the Office of Emergency Management, 480 Clinton Avenue, Newark, New Jersey 07108; and
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., a municipality may enter into a contract for the performance of services without competitive public bidding if the services being procured qualify as an Extraordinary Unspecifiable Services contract in accordance with N.J.S.A. 40A:11-5(1)(a)(ii); and
WHEREAS, the services necessary to implement and perform qualify as extraordinary unspecifiable services pursuant to N.J.S.A. 40A:11-5(1)(a)(ii) because the services to be provided are of a specialized and qualitative nature requiring expertise, extensive training, and proven reputation in the field of endeavor, and the services cannot be reasonably described by written specifications; and
WHEREAS, the Mayor and the Director of Public Safety, Office of Emergency Management Division have determined Incident Management Training Consortium LLC (IMTC), located at 40365 Oak Park Way, Suite K, Oakhurst, California 93644, is best qualified to provide the service as an Extraordinary Unspecifiable Service; and
WHEREAS, due to the unique nature of the work performed by Incident Management Training Consortium, LLC and its experience in providing training, maintenance, surveillance for Emergency Operations Centers (EOC) integration, for Domestic Preparedness Planner position, for Metropolitan Medical Response System positions, and equipment, the City of Newark wishes to enter into a contract with IMTC, for such services for the period of on or about thirteen (13) months commencing on January 18, 2017 through February 1, 2018, for an amount not to exceed $78, 566.00 (Seventy-Eight Thousand Five Hundred Sixty-Six Dollars and Zero Cents); and
WHEREAS, IMTC, has demonstrated that it is qualified by its training and experience to provide the required services in the manner and on the terms and conditions set forth in the contract; and
WHEREAS, IMTC has executed a “Business Entity Disclosure Certification”; “Certificate of Compliance”; and a “C.271 Politic al Contribution Disclosure Form”, copies of which are attached hereto and made a part hereof, and accordingly this contract is being awarded as Non Fair and Open in accordance with the provisions of the New Jersey Local Unit Fair Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq.; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; continuing political committees or political action committees regularly engaged in the support of the City of Newark Municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, THAT:
1. The Mayor, the Business Administrator, and/or the Director of Public Safety-Office of Emergency Management Division, are hereby authorized to enter into and execute a contract with Incident Management Training Consortium (IMTC), 40365 Oak Park Way, Suite K, Oakhurst, California 93644, to provide a forty hour training in All- Hazard Incident Management Team training course for sixty-four (64) individuals to take place at the Office of Emergency Management, 480 Clinton Avenue, Newark, New Jersey 07108, for the period commencing January 18, 2017 to February 1, 2018. The contract amount shall not exceed $78,566.00, funded by Urban Areas Security Initiative Grant funds from the New Jersey Office of Homeland Securities (UASI). No municipal funds are required.
2. This contract is hereby ratified from January 18, 2017, to the date of adoption of this authorizing resolution.
3. This contract is being awarded without competitive bidding as an exception to the State Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(ii)), Extraordinary Unspecifiable Services.
4. The Certification of Extraordinary Unspecifiable Service, as required by N.J.A.C. 5:34-2.3(b), is attached hereto and shall be filed in the Office of the City Clerk with the original resolution.
5. This contract complies with the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5), and IMTC and its subcontractors have certified that they have not made or solicited any contributions in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
6. A copy of the Comptroller’s Certification of Funds is attached in the amount of $78,566.00, and shall be filed in the Office of the City Clerk with the original resolution by the Director of Public Safety, Office of Emergency Management Division.
7. There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
8. The Determination of Value Letter is attached hereto and shall be filed with the Office of the City Clerk with the original resolution by the Director of Public Safety, Office of Emergency Management Division.
9. IMTC, has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certifies that IMTC, has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and this contract will prohibit IMTC, from making any reportable contributions through the term of the contract.
10. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within 10 days of its passage.
11. The Director of Public Safety, Office of Emergency Management Division, shall file a fully-executed copy of the contract with the Office of the City Clerk.
STATEMENT
This resolution ratifies and authorizes the Mayor, the Business Administrator, and/or the Director of Public Safety, Office of Emergency Management Division, to enter into and execute a contract with Incident Management Training Consortium, LLC, located at 40365 Oak Park Way, Suite K, Oakhurst, California 93644, to provide forty hours of incident management team training course to sixty-four individuals. The contract term is from January 18, 2017 through February 1, 2018 and for an amount not to exceed $78,566.00. The contract is funded by Urban Areas Security Initiative Grant funds from the New Jersey Office of Homeland Security (UASI). No municipal funds are required.