Title
Dept/ Agency: Recreation, Cultural Affairs and Senior Services
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Sing in Praise of King Event
Entity Name: Multiple Vendors
Entity Address: 1020 Broad Street, Newark, New Jersey 07102
Contract Amount: Not to exceed the amount of $31,169.96
Funding Source: 2017 Budget/ Department of Recreation, Cultural Affairs and Senior Services
Contract Period: Thursday, January 26, 2017
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the Department of Recreation, Cultural Affairs and Senior Services desires to conduct a City-wide program to honor the life of Dr. Martin Luther King, Jr.; and
WHEREAS, the City of Newark has produced a program honoring the life of Dr. Martin Luther King, Jr. entitled “Sing in Praise of King” for the past twenty-eight years and would like to continue to provide this community event for Newark citizens of all ages; and
WHEREAS, the Department of Recreation, Cultural Affairs and Senior Services desires to continue this tradition by producing the twenty-ninth observance program by obtaining the performed services of Tye Tribbett (artist), Mighty Clouds of Joy (artist), and Dr. Marc Hill (lecturer) through Lox Entertainment, RonKay LLC and April R. Silver, respectively; and
WHEREAS, the Department of Recreation, Cultural Affairs and Senior Services desires to obtain professional services; specifically, singing and lecture performances which are original and creative in character as an artistic endeavor as defined in N.J.S.A. 40A:11-2 and N.J.S.A. 40A:11-5(1)(a)(i) on Thursday, January 26, 2017, for an amount not to exceed Thirty-One Thousand One Hundred Sixty-Nine Dollars and Ninety-Six Cents ($31,169.96) to perform “Sing in Praise of King” at the Newark Symphony Hall, located at 1020 Broad Street, Newark, New Jersey 07012; and
WHEREAS, the Director of the Department of Recreation, Cultural Affairs, and Senior Services has determined and certified in writing that the value of this contract will exceed $17,500.00; and
WHEREAS, this Contract is awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services; and
WHEREAS, the services being rendered are original and creative in character in the field of music; and
WHEREAS, Local Public Contracts Law N.J.S.A. 40A:11-1, et seq. requires a Resolution of the Governing Body authorizing the award of contracts for professional services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the actions contemplated by this Resolution shall result in the award of a non-fair and open contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that notice of the award of contracts for “Professional Services” without public bidding must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE 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 Recreation, Cultural Affairs and Senior Services are hereby authorized to produce “Sing in Praise of King,” 29th Annual Celebration of Dr. Martin Luther King, Jr. Day on Thursday, January 26, 2017.
2. The Mayor and/or his designee the Director of the Department of Recreation, Cultural Affairs and Senior Services are hereby authorized to expend funds for, and execute the appropriate documents for, professional services, as to Lox Entertainment, April R. Silver, and RonKay LLC for their performance of singing and lecturing that are original and creative in character as an artistic endeavor per N.J.S.A. 40A:11-2 and N.J.S.A. 40A:11-5(1)(a)(i) on Thursday, January 26, 2017, for an amount not to exceed Thirty-One Thousand One Hundred Sixty-Nine Dollars Ninety-Six Cents ($31,169.96) to perform at “Sing in Praise of King” at the Newark Symphony Hall, located at 1020 Broad Street, Newark, New Jersey 07012.
3. Funds for the purchase of these professional services are encumbered on Department of Recreation, Cultural Affairs and Senior Services 011-160-1606-71280-2017 Budget. This contract shall not exceed $31,169.96.
4. This contract is awarded without competitive bidding as an exception to public bidding pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), professional services, pursuant to the non-fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5), and the Business Entities have certified that they have not made or solicited contributions in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
5. Fully executed copies of all required documentation from vendors, including, but not limited to Stockholder Disclosure Statements, New Jersey Business Registration Certificates, and Political Contribution Disclosure Forms, along with invoices documenting expenditures, shall be filed in the Office of the City Clerk by the Director of the Department of Recreation, Cultural Affairs and Senior Services.
6. A copy of the executed contract(s) and required documentation shall be filed with the Office of the City Clerk by the Director of the Department of Recreation, Cultural Affairs and Senior Services.
7. A notice of this action 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 and/or his designee the Director of the Department of Recreation, Cultural Affairs and Senior Services, to expend funds for, and execute the appropriate documents for “Sing in Praise of King,” 29th Annual Celebration of Dr. Martin Luther King, Jr. Day, as to Lox Entertainment, April R. Silver, and RonKay LLC, to obtain singing and lecture performances as professional services which are original and creative in character as an artistic endeavor on Thursday, January 26, 2017, for an amount not to exceed Thirty-One Thousand One Hundred Sixty-Nine Dollars and Ninety-Six Cents ($31,169.96).