Title
Dept/ Agency: Health and Community Wellness
Action: () Ratifying (X) Authorizing () Amending
Type of Service: Professional Service Contract
Purpose: Certified Lead Evaluation Contractor
Entity Name: LEW Environmental Services, LLC
Entity Address: 181 US HWY 46, Mine Hill, New Jersey 07803
Contract Amount: Not to exceed $.00
Funding Source:
Contract Period:, 12 months with option to renew annually
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark(the “City”), wishes to enter into a Professional Services Contract (the “Contract”) with LEW Environmental Services, LLC, 181 US HWY 46, Mine Hill, New Jersey 07803 for the purpose of providing certified lead evaluation staffing support and conduct visual and dust wipe inspection program services; and
WHEREAS, due to the expertise and experience on similar projects possessed by LEW Environmental Services, the City now desires to collaborate with LEW Environmental Services to provide staffing support and conduct visual and dust wipe inspection program services; and
WHEREAS, the above-referenced Professional Services are exempt from the public bidding requirements of the Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), because these services are to be rendered by a person (or persons) authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1l-1, et seq.) requires that a notice of the award of contracts for "Professional Services" without competitive bidding must be published in a local newspaper or the City’s official website; and
WHEREAS, no funds will be exchanged the Contract is being awarded as a non-fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, this collaboration is intended to support lead dust wipe compliance and related reporting activities within the City of Newark.
WHEREAS, LEW Environmental Services, LLC shall operate as an independent professional services entity and may perform lead dust wipe sampling, compliance-related field activities, reporting, and associated administrative support services directly for residents, property owners, contractors, and other requesting parties within the City.
WHEREAS, no funds shall be exchanged between the City and LEW Environmental Services, LLC under this collaboration unless otherwise authorized through a separate written agreement.
WHEREAS, LEW Environmental Services, LLC may independently charge and collect its customary professional service fees from residents, property owners, landlords, contractors, or other private parties requesting services.
WHEREAS, as part of this collaboration, LEW Environmental Services, LLC may provide aggregated compliance data, dashboards, reporting metrics, trend analysis, and related informational support to the City for public health, housing compliance, environmental monitoring, and operational planning purposes, subject to all applicable confidentiality and privacy requirements.
WHEREAS, LEW Environmental Services, has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that LEW Environmental Services, has not made any reportable contributions to a political or candidate committee in the City during the previous one (1) year period, and their contract for architectural and engineering services will prohibit LEW Environmental Services, from making any reportable contributions through the term of the Contract
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The above recitals are incorporated by reference as if fully set forth herein.
2. The Mayor and/or his designee, the Director of Health and Community Wellness, are each hereby authorized on behalf of the City to enter into and execute a Professional Service Contract (the “Contract”) with LEW Environmental Services, LLC, 181 US HWY 46, Mine Hill, New Jersey 07803, to provide staffing support and conduct visual and dust wipe inspection program services. the City, as more specifically set forth in the Contract attached hereto and made a part thereof.
3. The period of the Contract shall be from the date of execution to 12 months with option to renew for 12 months
4. The Contract is being awarded pursuant to the non-fair and open procedures of the Pay - To - Play Law N.J.S.A 19:44A-20.5 and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) because these services are to be rendered by a person (or persons) whose performance requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction.
5. LEW Environmental Services, has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that LEW Environmental Services, has not made any reportable contributions to a political or candidate committee in the City during the previous one (1) year period, and their contract for architectural and engineering services will prohibit LEW Environmental Services, from making any reportable contributions through the term of the Contract.
6. The fully executed Contract, the Political Contribution Disclosure Form, and the Business Entity Disclosure Certificate shall be filed by the Mayor/Director of the Department of Health and Community Wellness in the Office of the City Clerk and the same shall be made available to the public for inspection.
7. No substantial or material changes to the Contract are allowed without prior Municipal Council approval.
8. A Notice of this action shall be published in the newspaper authorized by law and approved by the Municipal Council of the City to publish a legal advertisement or on the City’s official website as required by law within ten (10) days of adoption of this Resolution.
9. There shall be no funds exchanged advance payments made against this Contract in accordance with N.J.S.A. 40A:5-16.
10. No funds shall be exchanged between the City and LEW Environmental Services, LLC under this collaboration unless otherwise authorized through a separate written agreement.
11. As required by the State Law, the City Clerk shall provide the appropriate notice of the award of the Contract to the State Comptroller no later than 20 business days following such award, in accordance with N.J.S.A. 52:15C-10(a) and the Notice of the Office of the State Comptroller dated May 7, 2008
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Health and Community Wellness, on behalf of the City, to enter into and execute a Professional Service Contract (the “Contract”) with LEW Environmental Services, 181 US HWY 46, Mine Hill, New Jersey 07803, to provide staffing support for visual and dust wipe inspection program services. No funds shall be exchanged between the City and LEW Environmental Services, LLC. This contract shall be in effect from the date of execution to 12 months with an option to renew annually.