Title
Dept/ Agency: Administration/Office of the Business Administrator
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Accepting a Gift/ License Agreement
Gift: Basic License Fee for the use of the Prudential Hall, Parsonnet Room, and ticketing services for the purpose of the 2019 State of the City Mayoral Address
Purpose: To accept a gift of the Basic License Fee for the use of Prudential Hall, Parsonnet Room, and Ticketing Services valued at a total combined gift in the amount of $15,500.00 for the Mayor’s State of the City Address and to execute the Short Term License Agreement with the New Jersey Performing Arts Center Corporation, in an amount not to exceed $55,000.00.
Entity Name: New Jersey Performing Arts Center (NJPAC) Corporation
Entity Address: One Center Street, Newark, New Jersey 07102
Gift Value: $15,500.00
City Contribution: Estimated Ancillary Service Fees of $48,994.00 with a final amount not to exceed $55,000.00.
No municipal funds will be expended for the acceptance of this gift.
Other Funding Source/Amount: N/A
Period: Tuesday, March 12, 2019
Additional Information:
body
WHEREAS, the Mayor of the City of Newark (the “City”), is desirous of holding the Mayor Ras J. Baraka’s 2019 State of the City Address at the New Jersey Performing Arts Center, on Tuesday, March 12, 2019; and
WHEREAS, the New Jersey Performing Arts Center Corporation, a New Jersey not-for-profit corporation, having an office at One Center Street, Newark, New Jersey 07102 (“NJPAC”) has agreed to permit the City to use the Prudential Hall Theatre and the Parsonnet Room at the New Jersey Performing Arts Center in exchange for the City agreeing to enter into a Short Term License Agreement for the estimated Ancillary Service Fees, which the City needs to pay to NJPAC no later than February 22, 2019; and
WHEREAS, the Ancillary Service Fees are currently estimated at $48,994.00 but are subject to change depending upon Artists Fees and related production fees which are based on the event needs on the day of the event, but in no event shall the final Ancillary Service Fees exceed $55,000.00.
WHEREAS, NJPAC has offered to waive the Basic License Fee charges for the use of the Prudential Hall Theatre and the Parsonnet Room, a gift valued at $14,000.00, and is also waiving the Fee for Ticket Printing Services, a gift valued at $1,500.00, for a total combined gift valued at $15,500.00 and expects nothing in return and will receive nothing in return for making this generous gift; and
WHEREAS, the City of Newark wishes to accept this gift of the Basic License Fee Charges and the Ticket Printing Service Fees, pursuant to N.J.S.A. 40A:5-29; and
WHEREAS, the Newark Municipal Council has indicated its support of the Mayoral event by approving the execution of the Short Term License Agreement and the acceptance of the gift described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and or his designee are hereby authorized to execute the Short Term License Agreement, in the form attached hereto, with the New Jersey Performing Arts Center Corporation, a New Jersey not-for-profit corporation having an office at One Center Street, Newark, New Jersey 07102 for the use of the Prudential Hall Theatre and the Parsonnet Room for the Mayor’s State of the City Address to be held on Monday, March 12, 2019 for the total amount not to exceed $55,000.00.
2. The Mayor and or his designee are authorized to accept the gift of the Basic License Fee charges for the use of Prudential Hall Theatre and the Parsonnet Room a gift valued at $14,000.00, and a gift of the Fee for Ticket Printing Services, a gift valued at $1,500.00, for a combined total gift amount of $15,500.00.
3. No municipal funds will be expended for the acceptance of this gift.
4. The amount of the estimated Ancillary Service Fees under the Short Term License Agreement in the amount of $48,994.00 are due by the City to NJPAC no later than February 22, 2019.
5. Pursuant to N.J.A.C. 5:30-5.5, Temporary Budget, attached hereto is a partial certification of funds from the Director of Finance which states that funds in the amount of $48,994.00 are available in the 2019 Temporary Budget under Business Unit NW011, Department ID 200, Division/Project 0401, Activity 2001, Account # 96770 Budget Reference B 2019. The partial certification shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for this contract, if any, will be subject to appropriation in the 2019 Budget and included in a line item for the award of this contract and said funds will be certified in advance of any payment in excess of $48,994.00, for an amount not to exceed $55,000.00. There will be no expenditure of funds authorized until a certification of funds is obtained and a copy filed with the City Clerk.
6. The Business Administrator shall file a copy of the fully executed License Agreement in the Office of the City Clerk.
7. There shall be no amendments to the contract unless the amendments are in a writing that is executed by both parties, and approved by the Municipal Council by resolution.
STATEMENT
This resolution authorizes the Mayor, and/or his designee, to execute the Short Term License Agreement, in the form attached hereto and for the estimated Ancillary Service Fees, with the New Jersey Performing Arts Center Corporation, a New Jersey not-for-profit corporation having an office at One Center Street, Newark, New Jersey 07102 for the use of the Prudential Hall Theatre and the Parsonnet Room for the Mayor’s State of the City Address to be held on Monday, March 12, 2019. This resolution further authorizes the Mayor, and/or his designee, to accept the gift of the Basic License Fee charges for the use of the Prudential Hall Theatre and the Parsonnet Room and Ticketing Services for the purpose of the 2019 State of the City Mayoral Address. The final Ancillary Service Fees shall not exceed $55,000.00 and the value of the gift of the use of the Prudential Hall Theatre and the Parsonnet Room and Ticketing Services is valued at $16,000.00.