Title
Dept/ Agency: Health and Community Wellness
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract with Sub-recipient
Purpose: To provide HIV/AIDS related health and support services to the Newark Eligible Metropolitan Area.
Entity Name: Positive Health Care, Inc.
Entity Address: 395-403 University Avenue, Newark, New Jersey 07102
Grant Amount: Not to exceed $188,980.00
Funding Source: United States Department of Health and Human Services, Health Resources and Services Administration (HRSA)
Contract Period: March 1, 2022 through February 28, 2025
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale (X) Grant (X) Sub-recipient ( ) n/a
Additional Information:
Ryan White grant funds were accepted by Resolution 7R5-b adopted on January 24, 2024.
Contract year three (FY2024) is subject to the availability and annual appropriation of sufficient funds to meet the extended obligation.
A Partial Certification of Funds in the amount of $82,000.00 is attached.
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WHEREAS, the City of Newark (“City”) desires to continue to provide HIV/AIDS healthcare, supportive and related services to infected and affected residents of the Newark Eligible Metropolitan Area (EMA) which is comprised of Essex, Union, Morris, Sussex and Warren Counties; and
WHEREAS, pursuant to Resolution 7R5-b adopted on January 24, 2024, the Municipal Council authorized the Mayor and/or his designee, the Director of the Department of Health and Community Wellness, to apply for funds from the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA), 5600 Fishers Lane, Rockville, Maryland 20857, pursuant to the Ryan White HIV/AIDS Treatment Extension Act of 2009, for the provision of HIV/AIDS healthcare, supportive and related services to infected individuals and their families in the Newark EMA; and
WHEREAS, pursuant to Resolution7R5-b adopted on January 24, 2024, the Municipal Council authorized the Mayor and/or his designee, the Director of the Department of Health and Community Wellness, to accept funds in the amount of Eight Million Three Hundred Sixty-Nine Thousand Five Hundred Five Dollars and Zero Cents ($8,369,505.00), from HRSA through the Ryan White HIV/AIDS Treatment Extension Act of 2009; and
WHEREAS, the Ryan White HIV/AIDS Treatment Extension Act of 2009 requires that the City, which is the lead agency for the Newark EMA, provide funding for HIV/AIDS related health and support services for people living with HIV and AIDS in the Newark EMA; and
WHEREAS, pursuant to this requirement, the City established the Newark EMA Ryan White Continuum of Care; and
WHEREAS, the City, through the Department of Health and Community Wellness, Division of Health Planning/Ryan White Unit, publicly advertised The FY2022 multi-year Request for Proposals (RFPs) for medical and social services, quality management and other professional services (“Ryan White eligible services”) from October 20, 2021 through October 22, 2021, and received thirty-seven (37) proposals on November 19, 2021; and
WHEREAS, the funder, HRSA/HIV AIDS Bureau, has transitioned the Ryan White HIV/AIDS Program (RWHAP) from an annual competitive application program to a three-year funded program effective FY2022, thus the City’s RWHAP has shifted to a three-year performance period, which commenced on March 1, 2022 and terminates on February 28, 2025, in alignment with the funder; and
WHEREAS, Sub-Recipients submitted non-competing continuation (NCC) progress reports and budget documents for contract renewals in year three (FY2024) in lieu of a competitive application, which is subject to the availability and annual appropriation of sufficient funds to meet the extended obligation; and
WHEREAS, the evaluation score from the subjective (internal) and objective (external) proposal review process for applications submitted in year one of the performance period will be utilized to award sub-recipients in the third year. In addition, the HIV Planning Council completed its annual Priority Setting and Resource Allocation processes, and Sub-Recipient contract performance meets requirements for funding; and
WHEREAS, the City’s legal notice and RFP for FY2022 Ryan White eligible services was filed with Resolution 7R5-a adopted on February 16, 2022, which authorized the application and acceptance of grant funding for the continued provision of Ryan White eligible services; and
WHEREAS, the proposal submitted by Positive Health Care, Inc., 395-403 University Avenue, Newark, New Jersey 07102, (hereinafter referred to as “Sub-Recipient”), was determined to be advantageous to the City, based on experience and criteria listed in the RFP; and
WHEREAS, the Sub-Recipient has demonstrated that they have the expertise to provide HIV related health and support services to meet this requirement; and
WHEREAS, the City’s Department of Health and Community Wellness, desires to enter into an Agreement with the Sub-Recipient to provide Ryan White eligible services to the Newark EMA, which is more specifically described in the “Scope of Services” (attached hereto and made a part hereof) for the period commencing on March 1, 2024 and terminating on February 28, 2025, for a partial award amount of Eighty-Two Thousand Dollars and Zero Cents ($82,000.00) and a total contract amount not to exceed One Hundred Eighty-Eight Thousand, Nine Hundred Eighty Dollars and Zero Cents ($188,980.00) for FY2024; and
WHEREAS, the Mayor and/or his designee, the Director of the Department of Health and Community Wellness, desire to accept additional funds as they may become available from HRSA under the Ryan White HIV/AIDS Treatment Extension Act of 2009; and
WHEREAS, the City’s Department of Health and Community Wellness shall, upon receipt of additional funding, file an amending resolution reflecting the final award amount of each Sub-Recipient, accompanied with a copy of the Notice to Proceed/Award Letter and Certification of Funds; and
WHEREAS, the Federal Health Insurance Portability and Accountability Act (HIPAA) of 1995 requires that all Sub-Recipients complete a formalized Business Associate Agreement to protect clients’ health information and ensure the privacy of that information; and
WHEREAS, this Agreement is being awarded pursuant to the fair and open procedures of State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and is in compliance with the City’s Ordinance on Pay-to-Play, 2:4-22C.1; and
WHEREAS, this Agreement is being awarded pursuant to State Local Public Contracts Law, N.J.S.A. 40A:11-4.1(b)(2), and the Ryan White HIV/AIDS Treatment Extension Act of 2009.
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 Director of the Department of Health and Community Wellness, are hereby authorized to enter into and execute an Agreement with Positive Health Care, Inc., 395-403 University Avenue, Newark, New Jersey 07102, for the provision of Ryan White eligible services to the Newark Eligible Metropolitan Area, which is more specifically described in the “Scope of Services” attached hereto and made a part hereof, for the period commencing on March 1, 2024, and terminating on February 28, 2025, for a partial award amount of Eighty-Two Thousand Dollars and Zero Cents ($82,000.00) and a total contract amount not to exceed One Hundred Eighty-Eight Thousand, Nine Hundred Eighty Dollars and Zero Cents ($188,980.00) for FY2024.
2. The Mayor and/or his designee, the Director of the Department of Health and Community Wellness, are hereby authorized to accept and expend additional funds as they become available from the United States Department of Health and Human Services, Health Resources and Services Administration, pursuant to the Ryan White Treatment Extension Act of 2009, for the period commencing on March 1, 2024 and terminating on February 28, 2025.
3. Attached hereto is a partial Certification of Funds in the amount of Eighty-Two Thousand Dollars and Zero Cents ($82,000.00) from the Municipal Comptroller of the City of Newark and that the line appropriation of the official budget which shall be charged is Business Unit NW051; Dept. ID G24; Division 2H24A; Activity A; Account# 72090; Budget Ref. B2024.
4. The City of Newark’s Department of Health and Community Wellness shall file an Amending Resolution upon receipt of the additional funds, which shall state the contract amount for each Sub-Recipient and/or Vendor accompanied with the Notice to Proceed and the Certification of Funds.
5. The Municipal Council of the City of Newark hereby ratifies the use of competitive contracting for processing agreements under the Ryan White HIV/AIDS Treatment Extension Act of 2009 from October 20, 2021 to the date of adoption and authorizes its use in the future.
6. This Agreement is hereby ratified from March 1, 2022 through the date of adoption of this authorizing Resolution.
7. The Sub-Recipient shall not proceed with the provision of any services beyond the twelve (12) month period of March 1, 2024 and terminating on February 28, 2025, until the issuance of a Notice to Proceed/Award Letter by the Director of the Department of Health and Community Wellness. Sub-Recipients and Vendors submitted non-competing continuation (NCC) progress reports and budget documents for contract year three (FY2024) in lieu of a competitive application which is subject to the availability and annual appropriation of sufficient funds to meet the extended obligation, subject to Municipal Council approval.
8. The Sub-Recipient shall execute and formalize a Business Associate Agreement with the City of Newark to protect clients’ health information and ensure the privacy of that information, in accordance with the Federal Health Insurance Portability and Accountability Act (HIPAA) of 1995 (a copy is attached hereto).
9. This Agreement was procured and 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, N.J.S.A. 40A:11-4.1(b)(2), the Ryan White HIV/AIDS Treatment Extension Act of 2009, and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.1.
10. The legal notice/advertisement and RFP for FY2024 (year three) Ryan White eligible services shall be filed with Resolution 7R5-a adopted on February 16, 2022.
11. The Director of the Department of Health and Community Wellness shall file a fully executed copy of said Agreement with the Office of the City Clerk.
STATEMENT
This Resolution ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Health and Community Wellness, to enter into and execute an Agreement with Positive Health Care, Inc., 395-403 University Avenue, Newark, New Jersey 07102, to provide Ryan White eligible services to the Newark Eligible Metropolitan Area, for the period commencing on March 1, 2024 and terminating on February 28, 2025, for a partial award amount of Eighty-Two Thousand Dollars and Zero Cents ($82,000.00), and a total contract amount not to exceed One Hundred Eighty-Eight Thousand, Nine Hundred Eighty Dollars and Zero Cents ($188,980.00) for FY2024.