File #: 22-0212    Version: 1 Name: Resolution: Emergency Contract Extension of Contract #E2021-10 - Temporary Container Shelter and Sheltering Operations
Type: Resolution Status: Adopted
File created: 2/16/2022 In control: Administration
On agenda: 4/12/2022 Final action: 4/12/2022
Title: Dept/ Agency: Administration/Division of Central Purchasing Action: (X) Ratifying (X) Authorizing (X) Amending Type of Service: Extension of Emergency Contract #E2021-10 Purpose: To extend and amend delivery of Temporary Container Sheltering and Shelter Operations at Hope Village 2 and Hope Village 3, side-by-side lots, located at 112-124 North Munn Avenue, Newark, New Jersey 07106 during Code Blue and the Covid-19 Pandemic. Entity Name: 1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901; 2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052; 3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102; 4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103; 5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102; 6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040; and 7) A. L...
Sponsors: Council of the Whole

Title

Dept/ Agency:  Administration/Division of Central Purchasing

Action:  (X) Ratifying     (X) Authorizing     (X) Amending

Type of Service: Extension of Emergency Contract  #E2021-10                    

Purpose:  To extend and amend delivery of Temporary Container Sheltering and Shelter Operations at Hope Village 2 and Hope Village 3, side-by-side lots, located at 112-124 North Munn Avenue, Newark, New Jersey 07106 during Code Blue and the Covid-19 Pandemic.

Entity Name:  

1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901;

2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052;

3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102;

4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103;

5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102;

6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040; and

7) A. Lembo Car and Heavy Truck Collision, Inc., 76 Riverside Avenue, Newark, New Jersey 07104

Entity Address:  See list above                                                  

Contract Amount: Not to exceed $2,393,346.00

Funding Source: 2021 Budget/Business Unit: 051, Dept: G21, Div/Project: ARPJO, Account: 72090, Budget Year: B2021                                                       

Contract Period:  February 4, 2022 through August 3, 2022                  

Contract Basis: (   ) Bid   (   ) State Vendor   (   ) Prof.  Ser.   (   ) EUS  

(   ) Fair & Open   (   ) No Reportable Contributions   (   ) RFP   (   ) RFQ

(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (X) n/a   

Additional Information: 

An Emergency Contract # E2021-10 for the period of November 3, 2021 through February 3, 2022 was awarded to five (5) vendors in an amount of $1,851,256.00.

An extension and amendment to Emergency Contract #E2021-10 for the period of February 4, 2022 through August 3, 2022 is being awarded to seven (7) vendors in an amount not to exceed $2,393,346.00.

                                                        

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 WHEREAS, on November 1, 2021 the Department of Administration requested a declaration of emergency to retrofit safe, low cost shelter solutions in the form of temporary container sheltering up to sixty (60) individuals in each of two (2) sites, Hope Village 2 and Hope Village 3, side-by-side lots, located at 112-124 North Munn Avenue, Newark, New Jersey 07106 pending the termination of the City's contract for shelter services at the Holiday Inn, over capacity at City of Newark contracted shelters, lack of units for persons with little to no income, during Code Blue in order to prevent, prepare for and respond to the COVID-19 Pandemic and for services related to the operation of the two (2) temporary container shelters; and

WHEREAS, on November 3, 2021, the Qualified Purchasing Agent, QPA,  declared an emergency and awarded an Emergency Contract for the period of   November 3, 2021 through February 3, 2022 in the total amount of One Million Eight Hundred and Fifty-One Thousand Two Hundred and Fifty-Six Dollars and Zero Cents ($1,851,256.00) to five (5) vendors: (1) Custom containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901 for Retro Fit of containers-not to exceed One Million Four Hundred and Fifty Thousand Dollars and Zero Cents ($1,450,000.00); (2)Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052 for Pre-design, design and container renderings  not to exceed Thirty-Four Thousand Five Hundred Dollars and Zero Cents ($34,500.00); (3) Project For Empty Space, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052 for Artwork not to exceed Fourteen Thousand Dollars and Zero Cents ($14,000.00); (4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103 for Operation of the Container Shelter not to exceed One Hundred Seventy-Seven Thousand Seven Hundred and Sixty-Five Dollars and Zero Cents ($177,765.00); and (5) AIDS Resource Foundation For Children 77 Academy Street, Newark, New Jersey 07102 for Operation of container Shelter not to exceed One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00).  (A copy of Emergency Contract #E2021-10 is attached hereto and made a part of this Resolution); and

WHEREAS, the Department of Administration is in immediate and emergent need for the Vendors to continue to provide low cost shelter solutions in the form of temporary container sheltering for the most vulnerable citizens in the City of Newark during code blue and Covid-19 Pandemic commencing from the period of February 4, 2022 through August 3, 2022; and

 

WHEREAS, N.J.S.A. 40A:11-6 provides that Emergency Contracts may be entered into when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services; and

 

WHEREAS, the Department of Administration has represented to the QPA that two (2) vendors need to be added to the extension of emergency contract E2021-10: Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040, a site installation vendor because of additional work required to install the containers on the larger parcel of land at amount not to exceed One Million One Hundred and Ninety-Three Dollars and Zero Cents ($1,193,000.00);  and a container vendor, A. Lembo Car and Heavy Truck Collision Inc., 76 Riverside Avenue, Newark, New Jersey 07104, to retrofit a container for administrative purposes at amount not to exceed Forty Thousand Dollars and Zero Cents ($40,000.00); and

 

WHEREAS the Department of Administration has presented to the QPA a request to increase the not to exceed amount for two (2) vendors: Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052 for services to include additional costs for survey, civil site plan and structural foundations not to exceed Sixty-Nine Thousand Five Hundred Dollars and Zero Cents ($69,500.00) and vendor, Project for Empty Space, 800 Broad Street Newark, New Jersey 07102, to include additional work for opening of the village at an amount not to exceed Twenty-Two Thousand Five Hundred Ninety Dollars and Zero Cents ($22,590.00). All other vendors listed on Contract #E2021-10 have continued to provide the necessary and required temporary container shelter and shelter operation services during code blue and Covid-19 pandemic, because cessation of the services would pose an imminent harm to the health, safety and welfare of the residents and/or cause the need for a new emergency declaration; and

 

WHEREAS, the Department of Administration desires to ratify, extend and amend Emergency Contract #E2020-21 for the period commencing on February 4, 2022 and continuing until August 3, 2022 for a total amount not to exceed Two Million Three Hundred Ninety-Three Thousand Three Hundred Forty-Six Dollars and Zero Cents ($2,393,346.00); and

 

WHEREAS, the Department of Administration has assured the Division of Central Purchasing that it has developed specifications to enable the issuance of an RFQ to solicit for  operation of shelter services; and

 

WHEREAS, N.J.A.C. 5:34-6.1(a)3 provides that the emergency purchasing procedure may be used when the need for such goods or services has arisen notwithstanding a good faith effort on the part of a municipality to plan for the purchase of any goods or services required by the municipality; and

 

WHEREAS, the services of Vendors listed on this Resolution are essential to the continued protection of the health, safety and welfare of the residents of the City of Newark; and

 

WHEREAS, it is a matter of public health, safety and welfare that the above-described emergency contract be extended because the City of Newark still needs to ensure the safe and uninterrupted services for its residents that need temporary shelter during code blue the Covid-19 pandemic; and

 

WHEREAS, City Ordinance 6PSF-e adopted on April 6, 2011, Article 2:5-13.2 (E)(1)(b)(c) limits the period of Emergency Contracts to ninety (90) days and no extensions of Emergency Contracts shall be permitted without authorization by the Municipal Council by Resolution; and

 

WHEREAS, the Municipal Council has the exclusive authority to extend an emergency; and

 

WHEREAS, the Department of Administration now seeks authorization by the Municipal Council to ratify, extend and amend the emergency to prevent interruption of temporary container shelter and shelter operation services for Homeless individuals during code blue and Covid-19 pandemic.

 

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

1.                     The Mayor of the City of Newark and/or his designees, the Qualified Purchasing Agent, QPA, and/or the Deputy Administrator of the Department of Administration, are authorized to ratify, extend and amend Emergency Contract #E2020-21 with: (1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901; and (2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052; and (3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102; and (4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103; and (5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102; and (6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040; and (7) A. Lembo Car and Heavy Truck Collision, Inc., 76 Riverside Avenue, Newark, New Jersey 07104 for the period commencing on February 4, 2022 through August 3, 2022, for a total amount not to exceed Two Million Three Hundred Ninety-Three Thousand Three Hundred Forty-Six Dollars and Zero Cents ($2,393,346.00) for all seven (7) vendors.

 

2.                     This extension and amendment will allow for the continuation of Temporary Container Shelter and Shelter Operation Services during Code Blue and Covid-19 pandemic for individuals and families in the City of Newark.

 

3.                     The extension of Emergency Contract #E2020-21 is ratified from February 4, 2022 to the date of adoption of this authorizing Resolution and until August 3, 2023.

 

4.                     Attached hereto is a Certification of Funds in an amount of One Million Fifty Thousand Three Hundred Forty-Six Dollars and Zero Cents ($1,050,346.00) from the Director of the Department of Finance and the line appropriation of the Official Budget, which shall be charged is: 051- G21-ARPJO-72090-B2021.  Attached hereto is a Partial Certification of Funds for Custom Containers 915 in an amount of One Hundred Thousand Dollars ($100,000.00) and for Hamlett Development Partners in an amount of Five Hundred Thousand Dollars ($500,000.00).  Full certification of funds are attached hereto for the remaining five (5) vendors.   

 

5.                     The Qualified Purchasing Agent, for the City of Newark, has filed a copy of Emergency Contract #E2020-21, attached hereto, with the Office of the City Clerk.

 

6.                     If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.

 

 

STATEMENT

 

This Resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Qualified Purchasing Agent and the Department of Administration to extend and Amend Emergency Contract #E2020-21: (1) Custom Containers 915, 500 W. Paisano Drive, Suite B, El Paso, Texas 79901; (2) Think Wilder Architecture, 155 Prospect Avenue, Suite 204, West Orange, New Jersey 07052; and (3) Project for Empty Space, 800 Broad Street, Newark, New Jersey 07102; and (4) United Community Corporation, 332 South 8th Street, Newark, New Jersey 07103; and (5) AIDS Resource Foundation for Children, 77 Academy Street, Newark, New Jersey 07102; and (6) Hamlett Development Partners, Inc., 1929 Springfield Avenue, Maplewood, New Jersey 07040; and (7) A. Lembo Car and Heavy Truck Collision, Inc., 76 Riverside Avenue, Newark, New Jersey 07104, to extend and amend delivery of temporary container sheltering and shelter operations at Hope Village 2 and Hope Village 3, side-by-side lots, located at 112-124 North Munn Avenue, Newark, New Jersey 07106, during Code Blue and the Covid-19 Pandemic, for the period commencing on February 4, 2022 through August 3, 2022 for a total amount not to exceed Two Million Three Hundred Ninety Three Thousand Three Hundred Forty Six Dollars and Zero Cents ($2,393,346.00) for all seven (7) vendors.