Title
Dept/ Agency: Fire
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide professional emergency medical service, first aid, CPR and Automated External Defibrillator training to the City of Newark Firefighters.
Entity Name: Newark Beth Israel Medical Center
Entity Address: 201 Lyons Avenue, Newark, New Jersey 07112
Contract Amount: $39,000.00
Funding Source:
Contract Period: One (1) year from the date of adoption of this resolution
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark's, Department of Fire wishes to continue its efforts to keep its firefighters trained and certified in the proper techniques in emergency medical services, first aid, CPR and Automated External Defibrillator for response services within the City of Newark; and
WHEREAS, the above services are exempt from public bidding pursuant to the Local Public Contracts Law, NJSA 40A:11-5 (1)(a)(i), because they must be performed by persons in a recognized profession, whose practice is regulated by law and requires knowledge of an advanced type in a field of learning acquired by a prolonged forma course of specialized instruction and study; and
WHEREAS, Newark Beth Israel Medical Center, 201 Lyons Avenue, Newark, New Jersey 07112, has represented that they are qualified by professional training and experience to provide the required services to the City of Newark's firefighters in the manner and terms and conditions set forth in the contract, (a copy of the contract is attached hereto); 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, this contract is for an amount over $17,500.00 and is being awarded pursuant to a "Non-Fair and Open Process" pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, Executive Order Number MEO-07-0001 (hereinafter "Pay-to-Play Executive Order") requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-A, on 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 IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Fire Director are hereby authorized to enter into and execute a professional service contract with the Newark Beth Israel Medical Center, 201 Lyons Avenue, Newark, New Jersey 07112, in the form attached hereto, to provide professional emergency medical services, first aid, CPR and Automated External Defibrillator training to the City of Newark Firefighters, for the period of one (1) year commencing from the date of adoption of this resolution by the Municipal Council, for a contract amount not exceed $39,000.00.
2. 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 the provisions of the Local Public Contract Law, N.J.S.A. 40A:11-5(1)(a)(i), because these services are to be rendered by a person(s) authorized by law to practice a recognized profession, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction or apprenticeship.
3. Attached hereto is a Certification of Funds from the Acting Director of Finance for the City of Newark, which states that: (1) there are sufficient funds in the amount of $39,000.00 for the purpose set forth hereinabove and (2) that the line appropriation of the official budget which shall be charged is: Business Unit: NW011; Dept. ID: 030; Div./Proj.: 0304; Activity: A; Account #:71150; Budget Ref.: B2014.
4. A copy of the fully executed contract, the Determination of Value Letter, the Business Entity Disclosure Certificate, the Certification of Compliance with Executive Order MEO-07-0001, the Certification of Funds, and the Certification of Compliance with the Contractor Pay-to-Play Reform Ordinance shall all be placed on file in the Office of the City Clerk by the Fire Director and shall be made available for public inspection.
5. There shall be no amendment to this contract without prior approval of the Municipal Council.
6. There shall be no advance payment on this contract in accordance with N.J.S.A.40A:5-16.
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 its passage.
8. The contract is in compliance with Newark Executive Order MEO-07-0001 and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance, 6PSF-A, adopted August 1, 2013.
STATEMENT:
This resolution hereby authorizes the Mayor and/or his designee, the Fire Director to enter into and execute a Professional Service contract with the Newark Beth Israel Medical Center, 201 Lyons Avenue, Newark, New Jersey 07112, to provide professional emergency medical services, first aid, CPR and Automated External Defibrillator for response services to the City of Newark's Firefighters, for a period of one (1) year commencing from the date of adoption of this resolution by the Municipal Council. The contract amount shall not exceed $39,000.00 and is 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 the provisions of the Local Public Contract Law N.J.S.A. 40A:11-5(1)(a)(i), and is compliant with the Newark Executive Order MEO-07-0001, effective March 31, 2007 and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance, 6PSF-A, adopted August 1, 2013.