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RESOLUTION AUTHORIZING A THIRD RETRO-ACTIVE CONTRACT EXTENSION TO MULLIN & LONERGAN ASSOCIATES OF PITTSBURGH, PA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, FOR FISCAL YEAR 2024 FROM JANUARY 1, 2025, TO FEBRUARY 28, 2025.
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WHEREAS, the County of Passaic (hereafter “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et. seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners for the County of Passaic (hereafter “Board”) is vested with decision-making powers on behalf of the County; and
WHEREAS, the County utilizes a consultant to assist in the implementation of the Passaic County Community Development Block Grant Program (hereafter “CDBG”) for fiscal year 2022 and four one-year extensions until fiscal year 2026; and
WHEREAS, N.J.S.A. 40A:11-4.1(m) specifically allows the County to use competitive contracting for consulting services; and
WHEREAS, on April 26, 2022, the Board approved Resolution No. R-22-0396 authorizing the use of competitive contracting for the County to hire a consultant to assist in the implementation of the CDBG program for fiscal year 2022 and four one-year extensions until fiscal year 2026; and
WHEREAS, on July 1, 2022, the Purchasing Agent issued RFP-22-016: CDBG Consulting Services; and
WHEREAS, on August 2, 2022, one proposal was received and opened for RFP-22-016 CDBG Consultant as a competitive contract pursuant to the Local Public Contract Law, specifically N.J.S.A. 40A:11-4.1 et seq.; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, the Agency’s request for proposals is a fair and open process, specifically, the request for proposals to engage a consultant to support the implementation of the CDBG Program was publicly advertised and awarded under a process that provides for public solicitation of qualifications, established the basis of an award and disclosure process documented in writing prior to any solicitation, and is publicly opened and announced when awarded; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4.5(d), in a Memorandum dated September 14, 2022, the proposal submitted was reviewed and ranked based on a methodology for the awarding of competitive contracts, which included the method of providing requested services, (including quality and completeness of scope of services and adequate proposed level of effort; and qualifications and experience of staff, including experience of Staff/Project Coordinator and key personnel and demonstrated ability to perform project/has performed similar projects); and
WHEREAS, on September 27, 2022, the Board approved Resolution R-22-0890 to engage the firm of Mullin & Lonergan to provide consulting services to the CDBG Program for the fiscal years 2022 and 2023, as follows:
FY 2022: $80,000.00 - September 1, 2022, to August 31, 2023; and
FY 2023: $72,000.00 - September 1, 2023, to August 31, 2024;
with Option to Renew as follows:
FY 2024: $72,000.00 - September 1, 2024, to August 31, 2025;
FY 2025: $72,000.00 - September 1, 2025, to August 31, 2026;
FY 2026: $72,000.00 - September 1, 2026, to August 31, 2027; and
FY 2027: $72,000.00 - September 1, 2027, to August 31, 2028; and
WHEREAS, on December 13, 2022, the Board approved Resolution R-22-1184 amending Resolution R-22-0890 to reflect a one-year contract award with 4 one-year options to renew and to remove the last option to renew for the fiscal year 2027; and
WHEREAS, the corrected contract terms are as follow:
FY 2022: $80,000.00 - September 1, 2022, to August 31, 2023; and
with Option to Renew as follows:
FY 2023: $72,000.00 - September 1, 2023, to August 31, 2024;
FY 2024: $72,000.00 - September 1, 2024, to August 31, 2025;
FY 2025: $72,000.00 - September 1, 2025, to August 31, 2026;
FY 2026: $72,000.00 - September 1, 2026, to August 31, 2027; and
WHEREAS, due to the delay in receipt of the entitlement CDBG award for FY 2024 from USHUD, the Board adopted Resolution R-24-806 on September 10, 2024 which provided a retro-active two-month contract extension to Mullin & Lonergan from September 1, 2024 to October 31, 2024, to permit the County time to accept the CDBG grant, add the grant to the County budget and allocate grant funds; and
WHEREAS, due to a continued delay in receipt of the entitlement CDBG award for FY 2024 from USHUD, the Board adopted Resolution R-24-1077 on November 18, 2024 to provide a second retro-active two-month contract extension to Mullin & Lonergan from November 1, 2024 to December 31, 2024 to permit the County time to accept the CDBG grant, add the grant to the County budget and allocate grant funds; and
WHEREAS, due to a continued delay in receipt of the entitlement CDBG award for FY 2024 from USHUD, the Board seeks to adopt a resolution to provide a third retro-active two-month contract extension to Mullin & Lonergan from January 1, 2025 to February 28, 2025 to permit the County time to accept the CDBG grant, add the grant to the County budget and allocate grant funds, (note attached request to Mullin & Lonergan); and
WHEREAS, the retro-active fee for services to the CDBG FY 2024 program will be based upon the annual fee of seventy two thousand and 00/100 ($72,000.00) dollars; and
WHEREAS, with the exception of the provisions set forth above, all terms and conditions set forth in the RFP 22-016 and the Resolution R-22-1184 as adopted on December 13, 2022, shall remain in full force and effect; and
WHEREAS, funds are available in Account No. G-01-41-838-024-233 or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2024 and/or subsequent years’ County budget(s); and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., vendor executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying the vendor is not involved in prohibited activities in Russia and Belarus, and the County confirmed vendor is not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, this matter was discussed at the November 26, 2024, meeting of the Planning and Economic Development Committee and is being recommended to the Board for approval; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners of the County of Passaic hereby authorizes a third retro-active two-month contract extension to Mullin & Lonergan Associates of Pittsburgh, PA, for consulting services to the Passaic County Community Development Block Grant Program for the period January 1, 2025, to February 28, 2025; and
BE IT FURTHER RESOLVED that the Clerk of the Board, the Purchasing Agent, the Director of the Board, as well as the Director of Economic Development, are hereby authorized to execute all necessary agreements on behalf of the County of Passaic as prepared by the Office of the County Counsel for said purpose; and
BE IT FURTHER RESOLVED that the Clerk to the Board shall advertise in a paper of local circulation, the retro-active two-month contract extension to Mullin & Lonergan Associates of Pittsburgh, PA.
JDP December 10, 2024