Title
Dept/ Agency: Economic & Housing Development
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Manage and Administer Gateway Mural Project
Purpose: Agreement to Provide Services to Coordinate, Manage and Administer the Gateway Mural Project
Entity Name: Newark Community Economic Development Corporation
Entity Address: 111 Mulberry St., Suite LL, Newark, New Jersey 07102
Contract Amount: Amount not to exceed $264,740.00
Funding Source: 1% for Arts; CDBG
Contract Period: November 1, 2015 through October 31, 2016
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark, Department of Economic and Housing Development, (EHD) seeks to acquire services to design, coordinate, manage and administer the Gateway Mural Project, which seeks to produce a minimum of 15 oversize murals on major thoroughfares throughout the City of Newark; and
WHEREAS, EHD sought to proceed by way of competitive contracting pursuant to the fair and open procedures of “New Jersey Local Unit Pay-to-Play” Law, N.J.S.A. 19:44A-20.4 et seq. ; and
WHEREAS, N.J.S.A. 40A:11-4.1(b)(2) provides for the use of competitive contracting for operation, management or administration of recreation or social service facilities or programs; and
WHEREAS, on September 15, 2015, EHD advertised in the Star Ledger a Request for Proposal for services to coordinate, manage and administer the Newark Model Neighborhood Initiative (MNI) commercial façade mural project, a copy of which is attached; and
WHEREAS, in accordance with N.J.S.A. 40A:11-4.4(c), EHD issued an Amendment to the RFP (“Amendment”) on September 16, 2015 which: (1) changed the name of the RFP to “Request for Proposals for Mural Projects” and (2) sought solicitations for another mural project called the Gateway Mural Project; and
WHEREAS, the Gateway Mural Project has a different geographic scope and focuses on creating aesthetically pleasing murals on major thoroughfares into and out of the City; and
WHEREAS, the Amendment provided, among other things, that interested respondents would submit separate proposals for each project: the MNI Commercial Façade Mural Project and the Gateway Mural Project; and
WHEREAS, the RFP and Amendment were available for pick up from September 16, 2015 through October 6, 2015; and
WHEREAS, Newark Community Economic Development (NCEDC) and one other entity submitted a proposal for the Gateway Mural Project by the deadline date of October 6, 2015; and
WHEREAS, the proposal submitted by NCEDC was found by the RFP review committee to be in the best interest of the City based on experience and technical qualifications; and
WHEREAS, the City wishes to engage NCEDC to perform the services to coordinate, manage and administer the Gateway Mural Project as described in the Amendment and RFP for a term of one (1) year, commencing on November 1, 2015 and terminating on October 31, 2016 in an amount not to exceed $264,740.00 (Two Hundred Sixty-Four Thousand Seven Hundred Forty Dollars and Zero Cents); and
WHEREAS, NCEDC is a nonprofit entity and not subject to the Fair and Open Process pursuant to State Pay-to-Play Law pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council of the City of Newark wishes to authorize and ratify the use of competitive contracting for the services to coordinate, manage and administer the Gateway Mural Project.
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 Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to ratify and execute the “Agreement To Provide Services To Coordinate, Manage, and Administer the Gateway Mural Project” (the “Agreement”).
2. The total cost of the Gateway Mural Project, which shall produce a minimum of 15 murals and stabilize the walls upon which the murals are placed, shall be Two Hundred Sixty-Four Thousand Seven Hundred Forty Dollars and Zero Cents ($264,740.00).
3. The Municipal Council of the City of Newark hereby authorizes and ratifies the use of competitive contracting for the services to coordinate, manage and administer the Gateway Mural Project.
4. NCEDC shall not receive any compensation for their work on the project. The funds shall be used for costs associated with the mural production.
5. Attach hereto are two Certifications of Funds: one in the amount of $200,000.00 and the other in the amount of $64,740.00 for a total amount of $264,740.00 from the Comptroller of the City of Newark that states that there are sufficient legally appropriated funds available in :
Business Unit NW045; Dept. ID 007; Div/Proj. 07D20; Activity A; Account# 94710; Budget Ref B2007 and
Business Unit NW026; Dept. ID BS; Account# 32100; Budget Ref. B2015
6. NCEDC shall coordinate and complete all murals no later than October 31, 2016.
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.
8. A copy of the executed Agreement, this resolution and the Certification of Funds shall be placed on file in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development to ratify, execute and enter into a contract with Newark Community Economic Development Corporation, to provide services to coordinate, manage, and administer the Gateway Mural Project which shall produce a minimum of fifteen (15) aesthetically pleasing murals on major thoroughfares into and out of the City, and stabilize the walls upon which the murals are placed.