Title
Dept/ Agency: Office of the Mayor
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide interpreting services in 180 languages during Court sessions.
Entity Name: CQ Fluency, Inc.
Entity Address: 2 University Plaza, Suite 406, Hackensack, New Jersey 07601
Contract Amount: Amount not to exceed $159,575.00
Funding Source: City of Newark/Office of the Mayor, Newark Municipal Court
Contract Period: September 1, 2014 through December 31, 2015
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 Municipal Court of the City of Newark (“Newark Municipal Court”) wishes to retain the services of interpreters to provide access to court proceedings for non-English speaking, deaf and hard of hearing persons in court and/or telephonically; and
WHEREAS, the professional services of interpreters to be rendered are exempt from the bidding provision of the Local Public Contracts Law under (N.J.S.A. 40A:11-5(1)(a)(i)); and
WHEREAS, CQ Fluency, Inc., a company providing interpreting services, has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the resolution in the Office of the City Clerk, certifying that CQ Fluency, 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 the contract will prohibit CQ Fluency, Inc., from making reportable contributions through the term of contract; and
WHEREAS, this contract is awarded pursuant to the Non-Fair and Open Process, N.J.S.A. 19:44A-20.5 and as a “Professional Services”, pursuant to the Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Business Administrator and the Chief Judge of the Newark Municipal Court have determined and certified in writing that the value of this contract will exceed $17,500.00; and
WHEREAS, the Determination of Value is attached and shall be filed with the Office of City Clerk; and
WHEREAS, the contract is awarded as an open-ended contract as the “Professional Services” of interpreters shall be deemed necessary by the Chief Judge of the Newark Municipal Court; 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 Newark Municipal Court wishes to enter into a contract with CQ Fluency, Inc., to provide interpreting services in various languages, as well as access to court proceedings for non-English speaking persons in court, telephonically, deaf and hard of hearing persons for the Newark Municipal Court, for the period September 1, 2014 through December 31, 2015; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, 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 Chief Judge of the Newark Municipal Court, are hereby authorized and directed on behalf of the City of Newark to enter into and execute an agreement with CQ Fluency, Inc., 2 University Plaza, Suite 406, Hackensack, New Jersey 07601, to provide access to court proceedings for non-English speaking deaf and hard of hearing persons in court and/or telephonically interpreting services in 180 languages during court sessions, for the period commencing on September 1, 2014 and terminating on December 31, 2015, for an amount not to exceed One Hundred Fifty-Nine Thousand Five Hundred Seventy- Five Dollars and Zero Cents ($159,575.00.)
2. This contract is hereby ratified from September 1, 2014 to the date of adoption of this authorizing resolution.
3. This contract is being awarded pursuant to the Non-Fair and Open Procedures of State Pay-to-Play Law, N.J.S.A. 19:44A-20.5 and as a “Professional Service”, pursuant to Local Public Contracts Law N.J.S.A.40A:11-5(1)(a)(i) and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C
4. The compensation for CQ Fluency, Inc., upon submission and approval of invoice/timesheet, shall be at the rate of $350.00 per day for in court interpreters (herein defined as three (3) or more hours per day) or $225.00 for one half (1/2) day (herein defined less than three (3) hours per day). For Sign Interpreter services for deaf and hard of hearing persons at a rate of $250.00 per day for standard court sessions (herein defined as two (2) hours per day). The rate for each additional hour after the two (2) hour minimum is $125.00 per hour. A rate of $350.00 per day for actual trial sessions (herein defined as two (2) hours per day). The rate for each additional trial hour after the two (2) hour minimum is $175.00 per hour. Telephonic Court Interpreting services for various languages at a rate of $1.65 per minute.
5. CQ Fluency, Inc., shall submit an invoice/timesheet for the hours worked and shall be compensated accordingly.
6. Attached hereto is a Certification of Funds issued by the Director of Finance certifying that there are sufficient funds available for the services to be provided.
7. The Business Entity Disclosure Certification and the Determination of Value is attached hereto and shall be filed with the Office of the City Clerk with this resolution.
8. A copy of the fully-executed agreement herein authorized shall be filed in the Office of the City Clerk by the Chief Judge of the Newark Municipal Court and shall be made available for public inspection.
9. There shall be no amendments or changes to this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
10. 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 hereby ratifies and authorizes the Mayor and/or his designee, the Chief Judge of the Newark Municipal Court, to enter into and execute a contract with CQ Fluency, Inc., 2 University Plaza, Suite 406, Hackensack, New Jersey 07601, to provide interpreting services in 180 languages during Court sessions, as well as sign and telephonic interpreting services, for the period commencing on September 1, 2014 and terminating on December 31, 2015, for an amount not to exceed One Hundred Fifty Nine Thousand Five Hundred Seventy Five Dollars and Zero Cents ($159,575.00.)