Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(x)
Purpose: To provide supplementation, maintenance, and publishing of the codification of the General and Permanent Ordinances for the City of Newark.
Entity Name: General Code, LLC
Entity Address: 781 Elmgrove Road, Rochester, New York 14624
Contract Amount: Not to exceed $180,000.00
Funding Source: 2021 and 2022 Budgets/Office of the City Clerk/NW011-020-0201-7128-B2021
Contract Period: January 1, 2022 through December 31, 2023
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Partial Certification of Funds in the amount $90,000.00.
This is a two (2) year contract.
body
WHEREAS, the Office of the City Clerk, on behalf of the City of Newark, has a need to provide supplementation, maintenance and publishing of the codification of the General and Permanent Ordinances for the City of Newark as a Non-Fair and Open Contract pursuant to the provisions of N.J.S.A. 19:44A-20.5 et., seq.; and
WHEREAS, the Local Public Contracts Law, (N.J.S.A. 40A:11-5(1)(x)) authorizes the award of a contract for the printing of Municipal Ordinances or other services necessarily incurred in connection with the revision and codification of Municipal Ordinances, without public bidding; and
WHEREAS, the City Clerk, on behalf of the City of Newark, has determined and certified in writing, that the contract will have a value in excess of $17,500.00 and is being awarded pursuant to and in compliance with the Non-Fair and Open Procedures of the New Jersey Local Pay-to-Play Law, N.J.S.A. 19:44A-20.5 et., seq., and Ordinance 2:4-22C; and
WHEREAS, the City of Newark wishes to enter into and execute a contract with General Code, LLC, 781 Elmgrove Road, Rochester, New York, 14624, to provide supplementation, maintenance and publishing of the codification of the General and Permanent Ordinances for the City of Newark, in an amount not to exceed One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00), for the period of January 1, 2022 through December 31, 2023; and
WHEREAS, General Code, LLC, has completed and submitted a Business Entity Disclosure Certification, which certifies that General Code, LLC has not made any contributions to a political or candidate committee in the previous one (1) year, and that the contract will prohibit General Code, LLC, from making any contributions through the term of this contract.
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; and
WHEREAS, the Business Entity and its sub-contractors, if any, have certified that it is in compliance with the aforementioned Municipal and State Pay-to-Play requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City Clerk, on behalf of the City of Newark, is hereby authorized and directed to enter into and execute a contract with General Code, LLC, 781 Elmgrove Road, Rochester, New York 14624, to provide supplementation, maintenance and publishing of the codification of the General and Permanent Ordinances for the City of Newark, in an amount not to exceed One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00), for the period of January 1, 2022 through December 31, 2023.
2. The Municipal Council ratifies this contract for the period of January 1, 2022 to the date of adoption of this authorizing resolution.
3. Attached hereto is the City Comptroller's Partial Certification, which states that funds in the amount of Ninety Thousand Dollars and Zero Cents ($90,000.00) are available in the 2021 Adopted Budget, Business Unit NW011, Dept. 020, Div./Proj, 0201, Account #7128. The Certification shall be filed along with the original resolution and the executed contract in the Office of the City Clerk. The balance of the funds will be obtained from the 2022 Adopted City Budget.
4. 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 et seq., and pursuant to the provisions of the Local Public Contracts Law, (N.J.S.A. 40A:11-5(1)(x)), which authorizes the award of a contract for the printing of Municipal Ordinances or other services necessarily incurred in connection with the revision and codification of Municipal Ordinances, without public bidding.
5. The contract will contain language prohibiting any contributions in violation of any state or local law, ordinances, and regulations.
6. The Business Entity Disclosure Certification and the Determination of Value shall be placed on file with this resolution.
7. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk and shall be made available for public inspection.
8. There shall be no amendments or changes of this contract without Municipal Council approval.
9. There shall be no advance payments on this contract in accordance with N.J.S.A. 40A: 5-16.
STATEMENT
This Resolution ratifies and authorizes the City Clerk, on behalf of the City of Newark, to enter into and execute a contract with General Code, LLC, 781 Elmgrove Road, Rochester, New York 14624, to provide supplementation, maintenance and publishing of the codification of the General and Permanent Ordinances for the City of Newark, in an amount not to exceed $180,000.00, for the period of January 1, 2022 through December 31, 2023.