Title
Dept./ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Extraordinary Unspecifiable Services
Purpose: To provide specialized technical assistance services to artists, cultural organizations and the City in connection with the Newark Arts Space Initiative.
Entity Name: Artspace Consulting, Inc.
Entity Address: 250 North 3rd Avenue North, Suite 400, Minneapolis, Minnesota 55401
Contract Amount: Not to exceed $125,000.00
Funding Source: Community and Economic Development Fund
Contract Period: One (1) year from the date of the City Clerk’s execution and attestation of the contract
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:
body
WHEREAS, on October 16, 2019, the Municipal Council adopted Ordinance 6PSF-f authorizing the creation of a program under which non-profit corporations can lease City-owned properties for the sole purpose of using said properties as a location for social gatherings and community activities related to artistic and cultural endeavors (also known as the “Newark Arts Space Initiative”); and
WHEREAS, the City of Newark’s Department of Economic and Housing Development (the “City”) wishes to obtain services from a company to provide specialized technical assistance services and artistic space-related strategies to artists, cultural organizations and the City in connection with the Newark Arts Space Initiative; and
WHEREAS, the City has attempted to locate companies throughout the country, including New Jersey, that can perform the specialized technical services associated with the effectuation of the Newark Arts Space Initiative; and
WHEREAS, after considerable efforts, the City identified only one (1) company known as Artspace Consulting, Inc., 250 3rd Avenue North, Suite 400, Minneapolis, Minnesota 55401 (“Artspace”), a national consultant for space-related strategies, that has the requisite specialized technical expertise and is capable of performing the specialized services needed to develop artistic space-related strategies and advising communities and arts organizations in designing affordable places where artists can live and work pursuant to the Newark Arts Space Initiative; and
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq. (the “LPCL”), a municipality may enter into a contract for the performance of services without competitive public bidding if the services being procured qualify as extraordinary unspecifiable services; and
WHEREAS, the nature of the services described above are such that the award of a contract for them is exempt from public bidding requirements as “Extraordinary Unspecifiable Services,” pursuant to N.J.S.A. 40A:11-5(1)(a)(ii) (hereinafter referred to as “EUS”) because the services to be procured 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 in detailed written specifications; and
WHEREAS, Artspace agreed to provide the specialized expertise and services needed to effectuate the Newark Arts Space Initiative; and
WHEREAS, Artspace has demonstrated that it is qualified, by its training and expertise, to provide the required service in the manner and on the terms and conditions set forth in the contract; and
WHEREAS, Local Public Contract Law N.J.S.A. 40A:11-1, et seq. requires a resolution of the Governing Body authorizing the award of contracts for “Extraordinary Unspecifiable Services” and further requires that Notice of the Award of contracts for “Extraordinary Unspecifiable Services” without competitive bidding must be published in a local newspaper and must be available for public inspection; and
WHEREAS, since it was determined that Artspace is able to meet the City’s needs, the City wishes to enter into a contract with Artspace in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of one (1) year from the date of the City Clerk’s execution and attestation of the Contract; and
WHEREAS, the Deputy Mayor/Director of the Department of Economic and Housing Development has determined and certified in writing that the value of this contract will exceed $17,500.00; and
WHEREAS, this contract is being awarded as a Non-Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, Artspace has completed and submitted a Political Contribution Disclosure Form and a Business Entity Disclosure Certification, which shall be placed on file with the resolution in the Office of the City Clerk, certifying that Artspace has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and the contract will prohibit Artspace from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted New Jersey Municipal Code § 2:4-22C.1, which adopted the State of New Jersey's Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts.
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 designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to enter into and execute an “Extraordinary Unspecifiable Services” contract with Artspace Consulting, Inc., 250 3rd Avenue North, Suite 400, Minneapolis, Minnesota 55401, to provide the specialized services needed to develop artistic space-related strategies and advising communities and arts organizations in designing affordable places where artists can live and work pursuant to the Newark Arts Space Initiative, for a period of one (1) year from the date of the City Clerk’s execution and attestation of the Contract.
2. The contract shall be for an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00).
3. This 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 “Extraordinary Unspecifiable Services,” pursuant to N.J.S.A. 40A:11-5(1)(a)(ii), because the services to be procured 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 in detailed written specifications and require expertise in the development of artistic space-related strategies and advising communities and arts organizations in designing affordable places where artists can live and work in furtherance of the Newark Arts Space Initiative, and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. Artspace Consulting, Inc. has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certification certifying that Artspace Consulting, Inc. has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and its contract with the City, awarded hereunder, will prohibit Artspace Consulting, Inc. from making any reportable contributions through the term of the contract.
5. Attached hereto is a Certification of Funds from the Director of the Department of Finance, which states that: (1) there are sufficient funds in the amount of One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) in the Community and Economic Development Fund, for the purpose set forth herein above, and (2) the line appropriation which shall be charged is as follows:
|
Business Unit |
Dept. |
Div./Proj. |
Activity |
Account# |
Budget Yr. |
|
NW026 |
- |
- |
|
32100 |
B2021 |
6. The Certification of Extraordinary Unspecifiable Services, as required by N.J.A.C. 5:34-2.3(b), the fully executed contract, the Determination of Value, the City of Newark Political Contribution Disclosure Form and the Business Entity Disclosure Certification shall be filed by the Deputy Mayor/Director of the Department of Economic and Housing Development in the Office of the City Clerk and the same shall be made available for inspection.
7. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of this resolution, fully executed contract and Certification of Funds in the Office of the City Clerk and the same shall be made available for public inspection.
8. There shall be no advance payments against this contract pursuant to N.J.S.A. 40A:5-16.
9. There shall be no amendments or changes to this contract without the approval of the Municipal Council.
10. A notice of the award shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of the adoption of this Resolution.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute an “Extraordinary Unspecifiable Services” contract with Artspace Consulting Inc., 250 3rd Avenue North, Suite 400, Minneapolis, Minnesota 55401, to provide the specialized services needed to develop artistic space-related strategies and advising communities and arts organizations in designing affordable places where artists can live and work pursuant to the Newark Arts Space Initiative in an amount not to exceed $125,000.00, for the period of one (1) year from the City Clerk’s execution and attestation of the Contract.