Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: Not Applicable
Claimant: APS Designs, Inc., 433 West 34th Street, Unit 2G, New York, New York 10001
Claimant's Attorney: Not Applicable
Settlement Amount: $81,375.00
Funding Source: 2007 Budget/Department of Economic and Housing Development/NW045, Dept. 007, Div/Proj 07A00, Activity: A, Account #94710, Budget Ref: B2007
Additional Information:
This Resolution and Settlement Agreement resolves all outstanding invoices for the costs associated with APS Designs, Inc., providing design services associated with a three dimensional art sculpture at Mulberry Commons Park during the period of November 1, 2022 through April 18, 2023.
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WHEREAS, the City of Newark (the "City") desired to commission a public art project for the Mulberry Commons Park ("Park") that will reflect the people, spirit and future of the City and add an artistic component to the Park; and
WHEREAS, the City wished to obtain the design, construction and installation of a three-dimensional artistic structure ("Artistic Structure") for the Park; and
WHEREAS, the design and installation of such Artistic Structure is the performance of goods or services that are original and creative in character in a recognized field of artistic endeavor and thus considered a Professional Service, pursuant to N.J.S.A. 40A:11-2(6); and
WHEREAS, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), Professional Services are exempt from the requirements of public bidding; and
WHEREAS, APS Designs, Inc., 433 West 34th Street, Unit 2G, New York, New York 10001 ("APS") provided the City with the exact design, construction, and installation of a three-dimensional Artistic Structure for the Park; and
WHEREAS, the City wished to enter into a Professional Services Contract with APS, for an amount not ...
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