Resolution of the City of Jersey City, N.J.
File No. Res. 21-459 Agenda No. 10.32 Approved: Jun 16 2021
RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO FIREWORKS BY GRUCCI, INC., FOR A FIREWORKS DISPLAY ON JULY 4, 2021 NEAR EXCHANGE PLACE.
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, the City of Jersey City (City) requires the services of Fireworks by Grucci, Inc. (Grucci) to present a fireworks display on July 4th, 2021 near Exchange Place; and
WHEREAS, pursuant to N.J.S.A. 40A:11-2(6) professional services include services rendered in a the performance of work that is original and creative in character in a recognized field of artistic endeavor; and
WHEREAS, it is not practical to solicit quotations because of the creative and artistic nature of these services; and
WHEREAS, these services qualify as professional services exempt from public bidding under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Grucci is qualified to perform these services and submitted a proposal dated June 4, 2021 indicating that it will provide the services for a total contract amount not to exceed $144,420; and
WHEREAS, the City is acquiring these services directly and openly as a statutorily permitted contract pursuant to the provisions of N.J.S.A. 19:44A-20.5 (Pay-to-Play Law); and
WHEREAS, the Director of Cultural Affairs has determined and certified in writing that the value of the contract will exceed $17,500.00; and
WHEREAS, Grucci has completed and submitted a Business Entity Disclosure Certification which certifies that Grucci has not made any reportable contributions to the political or candidate committees listed in the Business Entity Disclosure Certification in the previous one year and that the contract will prohibit Grucci from making any reportable contributions during the term of the contract; and
WHEREAS, Grucci has submitted a Chapter 271 Political Contribution Disclosure Certification at least 10 days prior to the award of this contract; and
WHEREAS, funds in the amount of $144,420 are available in Account No. #01-201-20-112-314, PO 141412; and
WHEREAS, the resolution authorizing the award and the agreement itself must be available for public inspection; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City that:
1.Subject to such modifications as may be deemed necessary or appropriate by Corporation Counsel, the Mayor or Business Administrator is authorized to execute the attached agreement with Fireworks by Grucci, Inc. for providing a fireworks display on July 4, 2021 near the Exchange Place coastline; and
2.The total contract amount for these services shall not exceed the sum of $144,420; and
3.This agreement is awarded without competitive bidding as a professional services agreement under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
4.A copy of this resolution will be published in a newspaper of general circulation in the City of Jersey City as required by law within (10) days of the adoption of the resolution; and
5.This award of contract shall be subject to the condition that Fireworks by Grucci, Inc. provide satisfactory evidence of compliance with the Affirmative Action Amendments to the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.; and
Res. 21-459 Approved: June 16 2021
Resolution awarding a professional services agreement to Fireworks by Grucci, Inc., for a fireworks display on July 4, 2021 near Exchange Place.
6.The Business Entity Disclosure Certification, Chapter 271 Political Contribution Disclosure Certification, and the Determination of Value Certification attached hereto and incorporated herein by reference shall be placed on file with this resolution.
Page 2 of 43
Res. 21-459 Approved: June 16 2021
Resolution awarding a professional services agreement to Fireworks by Grucci, Inc., for a fireworks display on July 4, 2021 near Exchange Place.
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
☒ Certification Required
RECORD OF COUNCIL VOTE – Jun 16 9-0 AYE NAY N.V. Absent AYE NAY N.V. Absent AYE NAY N.V. Absent N.V. – RIDLEY ✓ SALEH ✓ LAVARRO ✓ (Abstain) PRINZ-AREY ✓ SOLOMON ✓ RIVERA ✓ BOGGIANO ✓ ROBINSON ✓ WATTERMAN, ✓ PRES Adopted at a meeting of the Municipal Council of the City of Jersey.
Joyce E. Watterman, President of Council Sean J. Gallagher, City Clerk
Page 3 of 43
Res. 21-459 Approved: June 16 2021
Resolution awarding a professional services agreement to Fireworks by Grucci, Inc., for a fireworks display on July 4, 2021 near Exchange Place.
RESOLUTION FACT SHEET - This summary sheet is to be attached to the front of any resolution that is submitted for Council consideration. Incomplete or vague fact sheets will be returned with the resolution.
Project Manager Christine Goodman, Director, Cultural Affairs 6921 [email protected] Division Division of Cultural Affairs
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 1:00 p.m.)
Purpose To authorize a contract with Fireworks by Grucci, Inc. for a fireworks display on 7/4/2021.
ATTACHMENTS: Certvalue_July421 FbG - Ins - Jersey City, City of - 2021-07-04 v1 Jersey City Fireworks Performance - Legal Documents - notarized GRUCCI- INV# 8701 - JERSEY CITY CITY OF 2021-07-04 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 Fireworks Contract PO 141412 - Fireworks by Grucci - Cultural Affairs BRC Fireworks by Grucci
Approved by Status: John Mercer, Assistant Business Administrator Approved - Jun 09 2021 Gregory Corrado, Asst. Business Administrator None John McKinney, Attorney Approved - Jun 09 2021 Peter Baker, Corporation Counsel None Amy Forman, Attorney None Nick Strasser, Attorney None Norma Garcia, Attorney None Ray Reddington, Attorney None Jeremy Jacobsen, Attorney None Sapana Shah, Attorney None Elizabeth Barna, Assistant Corporation Counsel None Jeana Abuan, Public Agency Compliance Officer Approved - Jun 09 2021 Soraya Hebron, Diversity and Inclusion Approved - Jun 10 2021 Raquel Tosado, Assistant Purchasing Agent None Patricia Vega, Assistant Purchasing Agent None Patrice Lambert, Purchasing Approved - Jun 11 2021 Kyle Greaves, Budget Approved - Jun 11 2021 John Metro, Acting Business Administrator Approved - Jun 11 2021
Page 4 of 43
DETERMINATION OF VALUE CERTIFICATION
Christine Goodman, of full age, hereby certifies as follows:
1. I am the Director of the Office of Cultural Affairs for the City of Jersey City (City).
2. Attached to this Certification is a resolution awarding a contract to Fireworks by Grucci, Inc. without public bidding pursuant to N.J.S.A. 40A:11-5(1)(a) to provide a fireworks display for the City on July 4, 2019.
3. The term of the contract is for the day of July 4, 2021.
4. The amount of the contract is $144,420, which exceeds $17,500.
5. This certification is made pursuant to N.J.S.A. 19:44A-20.5.
6. I certify that the foregoing statements are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Dated:____6/4/21______Christine Goodman Director of Cultural Affairs
Page 5 of 43 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Britton Gallagher PHONE FAX (A/C, No, Ext): 216-658-7100 (A/C, No): 216-658-7101 One Cleveland Center, Floor 30 E-MAIL 1375 East 9th Street ADDRESS: Cleveland OH 44114 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Everest National Insurance Company 10120 INSURED INSURER B : Continental Indemnity Company Fireworks By Grucci Inc. and/or Pyrotechnique By Grucci, Inc. and/or Philny Effects, Inc. INSURER C : Axis Surplus Ins Company 26620 20 Pinehurst Drive INSURER D : Bellport NY 11713 INSURER E :
INSURER F : COVERAGES CERTIFICATE NUMBER: 1216422261 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY SI8ML00093-211 2/17/2021 2/17/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 500,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO- $ POLICY X JECT LOC A AUTOMOBILE LIABILITY SI8CA00044-211 2/17/2021 2/17/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $
C UMBRELLA LIAB X OCCUR P-001-000082173-03 2/17/2021 2/17/2022 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
DED RETENTION $ $ B WORKERS COMPENSATION 82-474435-01-10 (MASTER) 5/27/2021 5/27/2022 WC STATU- OTH- X TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Date: July 4, 2020; Rain Date: July 5, 2020; Location: Two Barges located at approximately [40° 43.245'N, 74° 1.557'W], [40° 42.958'N, 74° 1.567'W]:, Jersey City, NJ; Additional Insured: City of Jersey City; State of New Jersey; Jersey City Fire Department; Jersey City Police Department; State of New Jersey Department of Environmental Protection; State of New York; New York City Fire Department; Millers Tug & Barge; Ken’s Marine;
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Jersey City ACCORDANCE WITH THE POLICY PROVISIONS. City Hall 280 Grove Street AUTHORIZED REPRESENTATIVE Jersey City NJ 07302
© 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name andPage logo are 6 of registered 43 marks of ACORD EQUALEMPLOYMENT OPPORTUNITY (EEO)/ AFFIRMATIVEACTION(AA)REQUIREMENTS
FOR GOODS PROFESSIONAL SERVICEAND GENERALSERVICECONTRACTS
Questions in reference to EEO/AArequirements for Goods, Professional Service and General Service Contracts should be directed to:
Jeana F4Abuan. Acting Director Department of Human Resources Of?ce of Equal Opportunity/Affirmative Action 280 Grove Street, Bsmt 109A Jersey City, NJ 07302 Tel: 201-547-4533 Email address: abuan]@jcnj org
Page 7 of 43 (REVISED 4/13) EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5—31et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment becauseof age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitmentand employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscriminationclause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quali?ed applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N..l.S,A. 1025-3] et seq, as amended and supplemented from time to time and the Americans with DisabilitiesAct.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employmentgoals established in accordance with N.J.A.C. 17:27-5.2.
Page 8 of 43 EXHIBIT A (Canriiimtrioli)
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including. but not limited to. employment agencies.placement bureaus. colleges. universities. and labor unions. that it does not discriminate on the basis ofage, race. creed. color. national origin. ancestry, marital status, affectional or sexual orientation, gender identity or expression. disability, nationality or sex. and that it will discontinue the use ofany recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures. ifnecessary, to assure that all personnel testing conforms with the principles ofjobr related testing. as established by the statutes and court decisions ofthe Slate ofNew Jersey and as established by applicable Federal law and applicable Federal court decisions. ln conforming with the targeted employment goals. the contractor or subcontractor agrees to review all procedures relating to transfer.upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed. color. national origin. ancestry. marital status. affectional or sexual orientation. gender identity or expression. disability, nationality or sex. consistent with the statutes and court decisions ofthc State ofNew Jersey. and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency. after noti?cation ofaward but prior to execution ofa goods and services contract, one ofthe following three documents:
Letter ofFedera| Affirmative Action Plan Approval
Certi?cate of Employee Information Report
Employee Information Report Fonn AA302 (electronically provided by the Division and distributed to the public agency through the Division‘s website at www.state.nj.us/treasug/conggact compliance
The contractor and its subcontractors shall ?irnish such reports or other documents to the Division of Purchase & Property. CCAU. EEO Monitoring Program as may be requested by the of?ce from time to time in order to carry out the purposes ofthese regulations, and public agencies shall fumish such information as may be requested by the Division of Purchase & Property. CCAU. EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
The undersigned vendor certi?es on their compnnysreceipt, knmrledv,-,cund commitment to comply with:
EXHIBIT .\ .\..l.5.:\. l0:5-Jl and . ..—\.C.17:17 NIAND.-\'l'OR\' EQUALE.\lPLO\’i\lE.\'T 0Pl’ORTl.'f\'lT\' LANGl'.»\GE Goods. Prolessinntil Services and General Service Contracts (.\l-andutory .-\fl'irm-.itivc.-\ction Language)
The undersigned vendor furtlicr agrees to Furnish the required forms (iI'evidenee and unders nds that their t-ontrnct/cumpun_\"s hid shall be rejected as tIull—l’e§[)(IIl§l\l' ifsaid contractor fails to rutnpl) with the requirements ol'\‘. A. l K-3| and .\'.J..-\.(‘. 17:27.
(Print): Scull R-aso 7 Chief Financial Oilicer RL'|'H‘cSL‘nltIll\'B'§ Name/Title . Fr Rcpresentativt-‘s Signature: “’“ ' Grucci Vxunc ul‘(‘0mpnn_\': Fireworks by "'"“ ”"“”‘ l'el. .\'o..6-31’336'0038 time:
Page 9 of 43 APPENDIXA AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals withDisability
Tho contractor and the of (herea?cr “owner") do hereby agree that the provisions ot‘Titlc ll of tireAmericansWith DisabilitiesAct of i990 (the ‘'Act'‘)(42 _Q.;S_QS12} 01 et seq.), whichprohibitsdiscriminationon the basisof disabilityby publicentitiesin all services, programs, and activitiesprovidedor madeavailableby public entities,and the rulesand regulations promulgated pursuant thereunto,are madea part of thiscontract. inprovidingany aid,bene?t,or service onbchnifofthe owner puranantto thiscontract, the contractor agrees thsttheperformanceshallbe instrict compliancewith the Act in the event that-thecontractor, its agents, servants, employees,orsubcontractors violateor are allegcdto haveviolatedtheActduringtheperformanceofthls contract, thecontractor shalldefeudtheowner in any actionor adminlsnntiveproceedingcominenccdpursuantto thisAct. Thecontractor shallindemnify, protect, andsaveharmlessthe owner,itsagents, servants,andemployeesfromandagainstany andallsuits, claims,losses,demmnls,or damages,ofwhateverkindor naturcarising out ofor claimedto arise out ofthe allegedviolation.Thecontmctorshall,at itsownexpense,appear,defend,andpay any andall-chni*gcs.?)r legalservicesanrlanyand allcosts andotherexpenses arisingfrom suchactionor administrative-proceeding or incurredin-connectiontherewith.In anyandall complaintsbroughtpursuantto the owner's grievance procedure, thecontractoragrees to abide by any decisionof the owner which is renderedpursuant tosaid grievanceprocedure.If any ucxionor-administrativeproceedingresultsin an award of damages againstthe owner, or ifthc ownerincursany expenseto cure a violationof the ADAwhichhas been brought pursuant to itsgrievanceprocedure,the contractor shall satisfy anddischargethe same at its own expense.
The ownershall,as soon aspracticableaftera claimhasbeenmadeagainstit, give written notice thereofto the contractor along with ihll and complete particulars of the claim,lf'any action or administrative proceedingis broughtagainst the owner or any of its agents, servnnts, andcmplcyees, the owner shall expeditiouslyforwardor have forwarded to the contractor every demand,complaint, notice, summons, pleading, or otherprocessreceived bythe owneror itsrepresentatives.
It is expressly agreed and understoodthat anyapproval by the owner of the services provided by the contractor pursuant to thiscontract willnot relieve-thecontractorofthc obligation to comply withtheAct and to defend, indcumify,protect, andsave hannicssiho ownerrptusuant to this paragraph.
It is furtheragreedandunderstoodthatthcownerassumesno obligationto indemnifyor save harmlessthe contractor, its agents, servants, employeesand subcontractorsfor anyclaimwhi‘ch~mayarise out of their performanceof this Agreement. Furthermore,the contractor expresslyunderstandsand agrees that the provisionsof this indemni?cationclauseshall innoway limitthe ccntractor’sobligationsassumedin this Agreement,nor shallthey be constmedto relievethe contractor from any liability,nor precludetheowner fromtakingany otheractionsavailableto itnnderany other provisionsof the Agreement or otherwiseat law.
' [{eprcsentativc’sNamelTitle P ' Scott Rnso - Chiel‘_Fin;1ncialOi?cer RepresentativesSignature: ' ‘lame of Company: Fireworks by GrLn:v;i i‘el.No.: 631f286—()()88 Date: -‘M27 M
Page 10 of 43 (State of ,_N2fuEetseg
DEPARTMENTOF THE TREASURY CHRIS CHRISTIE DIVISION OF PURCHASE & PROPERTY FORD M. SCUDDER Governor CONTRACT COMPLIANCE AUDIT UNIT Acling Stare Tream/'er KIM GUADAGNO EEO MONITORING PROGRAM Ll. Governnr PO. BOX 206 TR ENTON, N.l 0R?Z5-0206 ISSUANCE OF CERTIFICATE OF EMPLOYEE INFORMATION REPORT
Enclosed is your Certi?cate of Employee information Report (hereinafter referred to as the “Certi?cate” and issued based on the Employee Information Report (AA-302) fonn completed by a representative of your company or ?rm. Immediately upon receipt, this certi?cate should be forwarded to the person in your company or ?rm responsible for ensuring equal employment opportunity and/or overseeing the company or ?rm’s contracts with public agencies. Typically, this person may be your company or ?rm’s Human Resources Manager, Equal Employment Opportunity Of?cer or Contract Administrator. If you do not know to whom the certi?cate should be forward, kindly forward it to the head of your company or ?rm. Copies of the certi?cate should also be distributed to all facilities of your company or ?rm who engage in bidding on public contracts in New Jersey and who use the same federal identi?cation number and company name. The certi?cate should be retained in your records until the date it expires. Thisis very important since a request for a duplicate/replacement certi?cate will result in a $75.00 fee.
On future successful bids on public contracts, your company or ?mi must present a photocopy of the certi?cate to the public agency awarding the contract after noti?cation of the award but prior to execution ofa goods and services or professional services contract. Failure to present the certi?cate within the time limits prescribed may result in the awarded contract being rescinded in accordancewith N.J.A.C. 17:27-4.3b.
Please be advised that this certi?cate has been approved only for the time periods stated on the certi?cate. As early as ninety (90) days prior to its expiration, the Division will forward a renewal noti?cation. Upon the Division’s receipt of a properly completed renewal application and $150.00 application fee, it will issue a renewal certi?cate. In addition, representatives from the Division may conduct periodic visits and/or request additional information to monitor and evaluate the continued equal employment opportunity compliance of your company or ?rm. Moreover, the Divisionmay provide your company or ?rm with technicalassistance, as required. Please be sure to notify the Division immediately if your company’s federal identification number, name or addresschanges.
If you have any questions, please call (609) 292-5473 and a representative will be available to assist you.
Enclosure(s)(AA-01Rev. 11/1I)
NewJcrrey [5 ml Equal UpporlmulyErnplnyer - I'rim.:zIan Rt-ci-rlcrland ItcuyrlnblePaper Page 11 of 43 .o.5mmm..rS?w m:_.o< . mmooaow.s_n_mou_
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\ NNON... ..m c ..H 3 8:3 m£._8 Uotm :_ :_mEo._ ___§ _m>o.aam2:... ?oao/n?mwu E. mmxrbox 2:...» Sn 5 _‘ 75.: 0,22 co_?E._oE_ mo>o_... " o.$?__._2o®_.:ou 2 29.2.5 5%”. Wméa 2.. E5 Qtoo 2 w_2;... Hasazum Eoamm zo: Page 12 of 43 CITY OF JERSEY CITY DEPARTMENT OF BUSINESS ADMINISTRATION OFFICE OF DIVERSITY AND INCLUSION SUPPLIER DIVERSITY DEFINITIONS Minority Owned- a business which is a sole proprietorship. partnership or corporation at least 51% of which is owned and controlled by persons who are African American. Hispanic, Asian American. American Indian or Alaskan Native, de?ned as follows: African American: a person having origins in any of the black racial groups of Africa. Hispanic: a person of Mexican, Puerto Rican. Central or South American or other non-European Spanish culture or origin regardless of race. Asian: a person having origins in any of the original peoples of the Far East, South East Asia, Indian subcontinent, Hawaii or the Pacific Islands. American Indian or Alaskan Native: a person having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition. Woman Owned- a business which is a sole proprietorship. partnership or corporation at least 51% of which is owned and controlled by a woman or women. Veteran Owned- a business which is a sole proprietorship. partnership or corporation at least 51% of which is owned and controlled by a person or persons who are veterans. "Veteran" means any citizen and resident of this State now or hereafter honorably discharged or released under honorable circumstances who served in any branch of the Armed Forces of the United States or a Reserve component thereof for at least 90 days and shall include disabled veterans. Disability Owned- a business which is a sole proprietorship. partnership or corporation at least 51% of which is owned and controlled by a person or persons with a disability. Lesbian, Gay, Bisexual, Transgender Owned- a business which is a sole proprietorship. partnership or corporation at least 51% of which is owned and controlled by an LGBT person or persons. THE CITY OF JERSEY CITY IS AN AFFIRMATIVE ACTION 8. EQUAL OPPORTUNITY EMPLOYER AND COMPLIES WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS IN EMPLOYMENT AND CONTRACTING. Page 13 of 43 CITY OF JERSEY CITY DEPARTMENT OF BUSINESS ADMINISTRATION OFFICE OF DIVERSITY AND INCLUSION SUPPLIER DIVERSITY BIDDER QUESTIONNAIRE The City of Jersey City is committed to ensuring that its utilization of vendors reflects the diversity of its community. Please complete this form to assist us with monitoring our supplier diversity performance. Fireworks Grucci, Inc Business Name: by 20 Pinehurst Drive, BeIlporl,.\1Y[I713 Address: Phone: 631-286-0088 Ema“: [email protected] Scott Raso — Chief Financial Officer Contact Name: Please indicate if your business guali?es as any of the following: (See definitions for clarification) El MinorityOwned El Woman Owned El Veteran Owned El Disability Owned Cl Lesbian‘ Gay. Bisexual‘ Transgender Owned ‘dNone Please indicate if your business is currently certified by an authorized certifying body as any of the following: El Minority Business Enterprise E] Woman Business Enterprise El Veteran Business Enterprise El Disability Owned Business Enterprise D Lesbian. Gay, Bisexual, Transgender Business Enterprise El Disadvantaged Business Enterprise El Small Business Enterprise B/None THE CITY OF JERSEY CITY IS AN AFFIRMATIVE ACTION 8- EQUAL OPPORTUNITY EMPLOYER AND COMPLIES WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS IN EMPLOYMENT AND CONTRACTING. Page 14 of 43 City Clerk ?le No, Oral.as-/as Agenda No. INITIATIVE PETI TION 1st Reading Agenda No. 4.-4. 2nd Reading & Final Passage 0 RDINAN CE OF JERSEYCITY, NJ. COUNCILAS A WHOLE offered and moved adoption of the following ordinance: crrv ORDINANCE 08- /«=13 TITLE: An ordinance establishing thata Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the City of Jersey City (CONTRACTORPAY-TO-PLAYREFORMonorunucs) The Municipal Council of the City of Jersey City does hereby ordain: WHEREAS,large political contributions from those seeking or performing contracts with a municipality raise reasonable concerns on the part of taxpayers and residents as to their trust in government and its business practices; and WHEREAS,pursuant to N.J.S.A. 40:48-2, a municipality is authorized to adopt such ordinances, regulations, rules and by-laws as necessary and proper for good government, as well as the public health, safety and welfare; and WHEREAS, pursuant to P.L.2005, c.271 (codified at N.J.S.As 40A:11~51) a municipality is authorized to adopt by ordinance, measures limiting the awarding of public contracts to business entities that have made political contributions, and limiting the contributions that the recipient of such a contract can make during the term of a contract; and WHEREAS,in the interest of good government, the people and the government of the City of Jersey City desire to establish a policy that will avoid the perception of improper influence in public contracting and local elections; NOW, THEREFORE,BE IT RESOLVED,it shall be the policy of the City of Jersey City to create such a regulation which states that a Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the City of Jersey City; and BE IT ORDAINEDby the City of Jersey City, in the County of Hudson, and State of New Jersey, as follows: DEF|NlTlONS As used in this ordinance: (a) "Campaign Committee" means (i) every candidate for City of Jersey City elective municipal office; (ii) every candidate committee established by or for the benefit of a candidate for City of Jersey City elective municipal office; (iii) every joint candidate committee established in whole or in part by or for the benefit of a candidate for City of Jersey City elective municipal office; (iv) every political party committee of the City of Jersey City; (v) every political party committee of the County of Hudson; and (vi) every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for the City of Jersey City municipal or Hudson county elective offices or City of Jersey City municipal or Hudson county political parties or political party commrttees,. The terms In the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7. Page 15 of 43 Continuation of City Ordinance 0! '/J3 .page Z An ordinance establishingthat a Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the City of Jersey City (CONTRACTORPAY-T0-PLAY REFORMORDINANCE) ('3') “Contribution” has the meaning prescribed in N.J.A.C. i9:25<1.7. By way of illustration, and not limitation, this de?nition includes pledges, loans, and in—kindcontributions. (c) A "contract for professional or extraordinary services" means all contracts for "professional services" and "extraordinary unspecifiable services" as such term is used in N.J.S.A. 40A:11-5 (d) For purposes of this Ordinance, a “Business Entity" whose contributions are regulated by this ordinance means: (i) an individual including the individual's spouse, and any child/children; (ii) a ?nii; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity; (iii) any person who owns 10%or more of the equity or ownership or income interests in a person or entity as de?ned in sections (1) and (ii) above and their spouses and child/children; (iv) all partners or officers of such an entity, in the aggregate, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in subparagraph (i) above, more than $100,000.00 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit—sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve (12) month period prior to the award of, or during the term of, a contract subject to this ordinance; and (vi) all persons who are an "affiliate" of a Business Entity as de?ned in sections (i), (ii) and (v) above, as such term is used in 11 u.s.c. 101(2). SECTION 1 - PROHIBITIONON AWARDINGPUBLICCONTRACTSTO CERTAIN CONTRIBUTORS (e) To the extent that it is not inconsistent with state or federal law, the City of Jersey City and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A, 40A:11- 2(6) and used at N.J.S.A. 40A:11—5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "Professional Services"), nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:Ii-2(7) and used at N.J.S.A. 4()A:11~5(1)(a)(ii) andlor media, public relations, lobbying, parking garage management or other consulting and! or management service (hereinafter “Extraordinary Unspeci?ed Services") from any Business Entity if such Business Entity has solicited or made any Contribution to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Jersey City or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Jersey City or Hudson County political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of Jersey City municipal or Hudson County elections and/or Jersey City municipal or Hudson County candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in subsection (c) within one calendar year immediately preceding the date of the contract or agreement, (f) No Business Entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the City of Jersey City or any of its departments or instrumentalities, for the rendition of Professional Senrices or Extraordinary Unspecified Services shall knowingly solicit or make any Contribution, to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Jersey City, or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Jersey City or Hudson County political committee or political party committee, or (iii) any PAC between the time of first communication between that Business Entity and the municipality regarding a specific agreement for Professional Services or Extraordinary Unspecified Services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement. (g) The monetary thresholds of this Ordinance are: (i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body, or $500 per calendar year to any joint candidates committee for mayor or governing body, or $300 per calendar year to a political committee or political party committee of the City of Jersey City; (ii) S500 maximum per calendar year to a Hudson County political committee or political party committee; and (iii) $500 maximum per calendar year to any PAC. However, for each Business Entity party to a contract for Professional or Extraordinary Unspecified Services as defined in subparagraph (a), or engaged in negotiations for a contract de?ned in subparagraph (a), when such Business Entity's Contribution is aggregated with all "persons“ defined in subparagraph (d) Page 16 of 43 Conlinualion of City Ordinance Q8188’ .page -5 An ordinance establishing that a Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholdsshall be limited in its ability to receive public contracts from the City of Jersey City (CONTRACTORPAY~TO~PLAVREFORM ORDINANCE) of "Definitions" above, by virtue of their affiliation to that Business Entity party, a maximum of $2,500 to all City of Jersey City candidates, candidate committees, joint candidate committees, and holders of public of?ce having ultimate responsibility for the award of a contract, all City of Jersey City or Hudson County political committees and political party committees as described herein combined, without violating subsection (a) of this section. (b) For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be (i) the City of Jersey City Mayor or Governing body, if the contract requires approval or appropriation from the Mayor or Governing body, or (ii) the Mayor of the City of Jersey City, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor. li) Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this Ordinance, if the subcontractor would be disqualified by paragraph (a) from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by paragraph (a) from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this ordinance. SECTION2 - CONTRIBUTIONSMADEPRIOR TO THE EFFECTIVEDATE No Contribution or solicitation of contributions made prior to the effective date of this Ordinance shall be deemed to give rise to a violation of this Ordinance. SECTION 3 - CONTRACTRENEWAL No contract subject to this ordinance may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this ordinance if it were an initial contract. SECTION 4 — CONTRIBUTIONSTATEMENT BYBUSINESSENTITY (j) Prior to awarding any contract or agreement to procure Professional Services" or Extraordinary Unspecified Services" from any Business Entity, the City of Jersey City or its purchasing agents and departments, as the case may he, shall receive a sworn statement from said Business Entity which is the intended recipient of said contract that he/she/it has not made a Contribution in violation of Section 1 of this Ordinance. The City of Jersey City, its purchasing agents and departments shall be responsible for informing the City Council that the aforementioned sworn statement has been received and that the Business Entity is not in violation of this ordinance, prior to awarding the contract or agreement. (k) A Business Entity shall have a continuing duty to report to the City of Jersey City any Contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The City of Jersey City, its purchasing agents and departments shall be responsible for informing the governing body within ten (10) business days after receipt of said report from the Business Entity, or at the next City Council meeting following receipt of said report from the Business Entity, or whichever comes first. (1) The certification required under this subsection shall be made prior to entry into the contract or agreement with the City of Jersey City, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law. SECTION 5 - RETURNOF EXCESS CONTRIBUTIONS A Business Entity that is a party to a contract for Professional Services or Extraordinary Unspecified Services may cure a violation of Section I of this Ordinance, if, within 30 days after the date on which the applicable ELECreport is published, said Business Entity notifies the municipality in writing and seeks and receives reimbursement of the Contribution from the recipient of SUd1 Contribution. SECTION 6 - EXEMPTIONS The contribution limitations prior to entering into a contract in Section 1(a) do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A-. 40A:11<4,or (ii) are awarded in the case of emergency under N.J.S.A, 40A:11-6. There is no exemption for contracts awarded pursuant to a “Fair and Open Process" under N.J.S.A. I9:44A—Z0et seq. Page 17 of 43 Continuation ol City Ordinanoo of ‘/33 .More 4‘ Anordinance establishing that a Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the City of Jersey City [CONTRACTORPAY-T0~PLAYREFORMORDINANCE) SECTION7 — PENALTY (m) It shall be a material breach of the team of a City of Jersey City agreement or contract for Professional Services orExtraordinary Unspeci?ed Services when a Business Entity that is a party to such agreement or contract has: (i) made or solicited a Contribution in violation of this Ordinance; (ii) knowingly concealed or misrepresented a Contribution given or received; (iii) made or solicited Contributions through intermediaries for the purpose of concealing or misrepresenting the source of the Contribution; (iv) made or solicited any Contribution on the condition or with the agreement that it will be re-contributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Jersey City, or a holder of public office having ultimate responsibility for the award of a contract, or any Jersey City or Hudson County political committee or political party committee, or any PAC; (v) engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any Contribution,which if made or solicited by the professional Business Entity itself, would subject that entity to the restrictions of this Ordinance; (vi ] funded contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engaged in any exchange of Contributions to circumvent the intent of this Ordinance; or (viii) directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this Ordinance. (n) Furthermore, any Business Entity that violates Section 7 (a) (i-viii) shall be disquali?ed from eligibility for future City of Jersey City contracts for a period of four (4) calendar years from the date of the violation. (o) Any person who knowingly, purposely, or recklessly violates any provision of this ordinance, or who conspires with another person to violate any provision of this ordinance, or who, with the purpose of promoting or facilitating a violation of this ordinance, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment including fines and/or imprisonment as fixed by law for violations of the ordinances of the City of Jersey City. SECTION 8 - CITIZENS PRIVATE RIGHT OF ACTION In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this ordinance, every person aggrieved by a violation of the ordinance, or any taxpayer or resident of the City of Jersey City has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this ordinance in a court of competent jurisdiction, and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to, attorneys fees and costs, arising from or related to a violation of this ordinance. SECTION9 - SEVERABILITY If any provision of this Ordinance, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Ordinance to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this Ordinance are severable. The drafters of this Ordinance, the persons signing the petition in support of this Ordinance, and the persons who cast votes in favor of the Ordinance, declare that they would have supported the Ordinance and each section. subsection, sentence, clause, phrase, or provision or application thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases, or provisions or applications thereof may be held invalid. COMMIITEEOF P€rITroNERs pursuant to N.J.S.A. 40:69A-186 James Carroll, 44 Terrace, Jersey City, New Jersey 07307 Steven Fulop, 76 Essex Street, Jersey City, NJ. 07302 Daniel Levin, 228 ‘/1Third Street, Jersey City, NJ 07302 Aaron Morrill, 209 Washington Street, Jersey City, NJ. 07302 Shelly Skinner, 286 Pavonia, Jersey City, N.J. 07302 SECTION 10 - REPEALER Allordinances or parts of ordinances which are inconsistent with any provisions of this Ordinance are hereby repealed as to the extent of such inconsistencies. Page 18 of 43 Continualion of City Ordinance 03 - /J 3 .page 5‘ An ordinance establishing that a Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in in ability to receive public contracts from the City oi Jersey City (CONTRACTORPAY-TO-PLAY REFORMORDINANCE) SECTION11 - INDEXING The monetary thresholds of "De?nitions" Section (d) and Section l(c) of this ordinance shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York- Northern New Jersey-Long Island region. rounded to the nearest $10.00. The Clerk of the City of Jersey City shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper. SECTION12 - EFFECTIVEDATE This Ordinance shall become effective twenty (10) days following the final adoption thereof by the Municipal Council of the City of Jersey City and shall be published as required by law. APPROVED AS TO LEGAL FORM APPROVED: APPROVED. Coipomuon Counsel Business Adnmstalar Certi?cation Required D Not Required D Page 19 of 43 Ordinance of the City of Jersey City, N J. ORDINANCE NO. 0rcL 08-128 4‘-.A . Tm-E5 An ordinance establishing a Business Entity which makes politi contributions to municipal candidates and municipal and count political parties in excess ofcertain thresholds shall be limited its ability to receive public contracts from the City oflcrsey Ci (Contmctor Pay- to- Play Reform Ordinance) INITIATED BY PETITION CERTIFIED AUGUST 20, 2008 I monoor Izuuncu.vcrrsonlllI'R0|lUcIl0ll u/A GOUNCILPERSON AVE MAY nv. lcouncimensuuAve NAV u.v. couucmasou AYE MAY u.v. simoumo emanm BRENNAN spmmo amp anon upsn mcumnsun vs<:A.mes. ""“‘°"“5"“" rmnes F, NDP\LD€D&LET0fJ zmmzsCAAIZQLL N.v..nmvmina(IWaini 5:5-r scrum RAARANnvur: .3041-u.z.um nmnn orFINALcouucnVIJIE 5 9 —o COUNCILPERSON AYE MAY N.V. COUNCILPERSONJ AVE NAY N.V. CDUNCILPERSON AVE NAY N.V. sm'mLANo ,/ GAUGHAN I ./ BRENNAN T./ srmsuu / rump ./ FLOOD i / UPSKI / RICHARDSON /_] VEGA,PRES. /' / Im?catesvane N.V.-Notvming(ABs1ain) Initiated by Petition Certi fied August 20 , 2008 Adopted on second and ?nal reading after hearing on SEP_03 This is IDcertify mat the ioregoing Ordinance was adopted by APPROVED: the Municipal Council at its meeting an 0 3 ammo1/g},.«Q Mariano Vega. .lr., Caundl P deal Dam; SEP0 3 Zllllli I n Byme, City Clerk APPROVED: 'Amendmen|(s) Z 11/ a .M-‘Y0’ Date ‘§t$“‘"" Date to Mayor SE? 0 4 Z005 Page 20 of 43 CERTIFICATION OF COMPLIANCE WITH THE CITY OF JERSEY CITY CONTRACTOR PAY-TO-PLAY REFORM ORDINANCE 08-128 ADOPTED ON SEPTEMBER 3. 2008 PART I - Vendor Affirmation The undersigned. being authorized and knowledgeable ofthe circumstances.does hereby certify that Fireworks byGrucci, Inc (name of business entity) has not made any reportable contributions in the **one-year period preceding lune 15.2021 (date City Council awards contract) that would be deemed to be violations ofSection One ofthc City of Jersey City's Contractor Pay-to-Play Reform Ordinance 08-I28 (attached hereto) and that would bar the award of this contract. I further certify that during the term of the contract Fireworks by Grucci (name ofbusiness entity) will not make any reportable contributions in violation ofOrdinanee 08- 128. PART I] — Signature and Attestation: The undersigned is fully aware that ifl have misrepresented in whole or part this affirmation and certification. I and/or the business entity. will be liable for any penalty permitted under law. Name ofBusiness Entity: Fireworks by Grucci. Inc Signed‘»‘;—"'i3-:=""“"'T Title: CFO Print Name 55011R2150 Date: May H2021 Subscribed and sworn before me 5% 1444 (J this 27 day of?4a,L/.2QZI. My Commission expiles:4x4/9,2/gag; /;ET¢:,4a\ /_L~>'I‘tunti» [Print name S; title u|‘;t|Tittnt) (Corporate Seal) TeresaPalace NOTARYPUBLIC,STATEOFNEWYORK RegistrationNo.0ll’A6l63677 Quali?edinSuffolkCounty CommissionExpires01/02/2023 **Pursuant to Section 2 ol‘Ordinance 08- l28. no contributions or solicitation of contributions made prior to the effective date Ordinance 08-128 (September 23. 2008) shall be deemed to be a Violation ofthc Ordinance. Page 21 of 43 BUSINESS ENTITY DISCLOSURE CERTIFICATION FOR .\l( lL\'—l".\lR.\.\1D ()I’l’._\I (I()N'1l{.\(Tl'S Required l’Lu'_ Part I — Vendor Af?rmarion The timlcnigncd. he-tug?.Ll[l1(\IlZL‘Lland lmmvlt-Llgertblcof the circtitnstanccs. dues hcrcb_\'CL'1’[lf_\'that the Steven Fttlop 2021 Mira Prinz-Arey for Council Lavarro for Councilman Friends of Richard Boggiano Friends ofjoyce Watterman Saleh for jersey City Council Friends of Daniel Rivera Solomon for Council 2021 Ridley for Council Friends ofjermaine Robinson Part II — Ownership Disclosure Certi?cation D I ct-rtifythat the list hcln\\' CDn[2l1nS the UIIITICS and home £lLlklI’L‘.\'.\'L'.\of all n\\'ncr< lmlding III" M or more of the lS>\lC(l and nut.stm1Llui_;;,\‘tuCl\'of the Lintlcrstgncd. Check the box that represents the type of business entity: Dlhrtncrsltip D(jr;rpomtiun BS1112Prnpnctnrship -StilmliaiptcrS Cnrpurntixm DhmitctlPrirtncrsliip Ulimitetllri:1l)ilit_\*(Iorporatiun DlimitctlI.i2il)|ht\' l)21[‘l11L‘['>‘l1ip Name of Stock or Shareholder Home Address Fem ]_Grugci I0 P€Llll1k)l€ Lane.Bellport,NY ll7l3 Part 3 — Siggature and Attestation: " The Llmlurxigm-Llti1ll_\';1\v;1rc that ifl lmvc inisrcprcscntcd in whole or part this '.1t'tirm.1tizm1ll1Llccrti?czitinn‘l and/ur the busin L-nLit_\'_will he liablc for ;m_\' PL‘l1?lf_\'permitted under law. ' ' .\:11ncuiABLlSll1CS> " Fireworks by Grucci, Inc 5i;_(l1:1[LIrCof .\tT1;1nt litlc: CFO Printctl .\':tmt- r)l..\ii‘1;ll][ : Scott Raso Dzitc: M3)’212021 SL1 bed and sworn bct'nrt- me this 2jZ «layof , (Z .I02 ,/ _ L\V'1r:1c< ‘ \'.tl i TeresaPalace NOTARYPUBLIC.STATEOFNEWYORK RegistrationNo.0lPA6l63677 Quali?edinSuffulkCounty CummissionExpires04/02/2023 Page 22 of 43 BUSINESS ENTITY DISCLOSURE CERTIFICATION FOR N():\'—l~.\lR ,\i\I1) ()l’l C()t\"l'R.\(§'l'S Required Pursuant To =.\l._].S._\.1‘):-H.\~3U.8 CITY 0F]ER.§'EY CITY The followiiig is $[1l[Ll[()1’}‘text related to the terms and citations used in the Btisiiiess lintitv l)isclosure Certi?cation form. “Local Unit Pay-To-Play Law” (I’.L. 2004, c.19, as amended by P.L. 2005, c.51) 19:-HA-20.6 Certain contributions deemed as contributions by business entity. 5. \\'heii a btisiness entity is a natural person, a contribution by that person's spouse or child, residiiig[l1Ci'L‘\\'ltlL shall be deemed to be a contribution b_\'the business entity. \\'|ten a bttsiness entity is other than a natural person, a contribiitir M1 by any person or other biisiness entit_\‘ lizivitigan interest therein shall be deemed to be a Ct)nLrll)llLl0n by the business entity. 19:-HA-20.7 De?nitions relative to certain campaign contributions. 0. .\s used in sections 2 through 13 of this act: “biisines eiitit_\"'means an_\‘ nattiral or legalperson, l)US1l'lL ‘ corporation, professionalservices corporation, limited habi_lit_\‘compaii_\; p21r[ni.‘t"l1ip_limited partnership. husin trtist. association or an_\' other legalcommercial t‘?[lt\' organized under the laws of this State or of an_\‘ other state or foreign jurisdiction; “interest" means the ownership or control of more than IU'’.-of the pro?ts or assets Ufa business enttt_\' or 11)" y. of the stock Ll] the ease of a business L‘l1[lI'_\'that is a corporation for pro?t. as appropriate; Temporary and Executing 12. i\}othing contained in this act shall be construed as affecting the eligil)ilit_\-of an_\' business entity to perform a public contract because that entity made a contribution to an_\‘ committee during the one-_i'ear period immediately preceding the Cl‘l_CC[l\‘Cdate of this act. The Newjersey Campaign Contributions and Expenditures Reporting Act (N ._].S.A.l9:44A—1et seq.) 19:=l4A-3 De?nitions. In pertinent part... p. The term "politicalparty committee" means the State committee of a politicalpart}; as ori{anixed pursuant to R5. l9:3--I, an_i' Ct)Lln[_\‘comrmttee of a politicalparty. as or§_r_anizedpursuant to R..\‘.l‘):5—3‘ or any municipal committee of a political]’).'11'[\',as organized pursuant to R5. l ‘):5—3. q. The term "candidate comm_ii’tee" means a committee established pursuant to subsection a. of \’L'C[1t)l1 ‘) of |’.l.,l')“.‘i. C43} r(j.1‘):44 \—‘) for the it ose of i'L‘CL'l\'Lt1 .3contributions and makinisr ex Peiidiriires. l‘. the term "iointcandidates comm.ittee" means a committee established pursuant to subsection a. of section 0 of l’.l ..1‘V3. e83 i(I. 1‘):-H.\JJ) by at least two eani.lit.lates{or the $‘.lI‘t‘iL‘ elective publicoffices in the same election in a legislative district, count}; mut1icipaIit_\'or ~'Cl1(iol district. but not more candidates than the total number of the same ClCCLl\‘L'public ot?ces to be ?lled in that electi 19:-HA-8 and 16 Contributions, expenditures, reports, requirements. ll"/rz/u//It»_Mv;m'/r///.r9/ I/mt_m'/1/m ./re /rm u.\‘/m/.-'/Ii’/0 re[>/7/1//rum..’/iv’//ii///Ill’!/1;’Li’ ilmuol /0 be i/iv‘:w1/';1ur1/‘mr:/afri/.7//Ia1/mum/.-' 7/ so/1/1‘!/m/mu.-:‘ "'1 he S34)“ limit established in this subsection shall teinain as stated in this sul)section \i'ithout tiuither adjustment by the commission in the manner prescribed l)_\'section 22 of l’.l.. I90‘). e.(»5 1(.‘.l‘>:-l-l.\-"Qt Page 23 of 43 C.271POLITICALCONTRIBUTIONDISCLOSUREFORM Required Pursuant To N.J.S.A. 19:-l-IA-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I — Vendor Information V€l1d0I‘ Nilmei Fireworks by Grucci, Inc Addl‘t‘SSI 20 Pinehurst Drive Cit_\v: B: P m IState: NY | Zip: 11713 The undersigned being authorized to certify. hereby certi?es that the submission provided herein represents compliance \\ith the provisions ot’N.J.S.A. I9:-l~lA—20.Z6and as represented by the Instructions accompan_vingthis lorm. Sam‘1/?y 3 "" Tr" “"‘ ‘*9: " 37' Scott Raso CFO Signature Printed Name Title Part II — Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. I9:-l-lA—20.26this disclosure must include all reportable political contributions (more than $300 per election c_\vcle)over the 12 months prior to submission to the committees ofthe government entities listed on the fomi provided by the local unit. Check here ifdisclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount N/A $ Check here if the infommtion is continued on subsequent page(s) Page 24 of 43 Jersey City Fireworks Performance - Legal Documents Final Audit Report 2021-05-27 Created: 2021-05-27 By: Deirdra Hyland ([email protected]) Status: Signed Transaction ID: CBJCHBCAABAALbJvNR4imj0ttRD5uDyv6JgQ6W34UyX7 "Jersey City Fireworks Performance - Legal Documents" History Document created by Deirdre Hyland (dhy|[email protected]) 2021-05-27 - 6:15:54 PM GMT- IP address: 24.187.250.114 Document emailed to Scott V. Raso ([email protected]) for signature 2021-05-27 - 6:19:05 PM GMT Email viewed by Scott V. Raso ([email protected]) 2021~O5~27 A 6:37'58 PM GMT- IP address: 24.187.250.114 Document e—signed by Scott V. Raso ([email protected]) Signature Date: 2021-05-27 - 6'40:O2 PM GMT - Time Source‘ server» IP address: 24.187.250.114 Agreement completed. 2021-05-27 - 6:40:02 PM GMT Page 25 of 43 INVOICE INVOICE #: IN00008701 FIREWORKS BY GRUCCI INC PAGE: 1 20 PINEHURST DRIVE BELLPORT, NY 11713 DATE: 06/07/2021 BILLTO: CITY OF JERSEY CITY, OFFICE OF THE MAYOR SHOW LOCATION: CITY HALL - 280 GROVE STREET NORTH BARGE 40°43'14.69"N; 74° 1'33.39"W JERSEY CITY, NJ 07302 SOUTH BARGE 40°42'57.50"N; 74° 1'34.00"W JERSEY CITY, NJ ATTN: CHRISTINE GOODMAN Phone: 2015475200 Fax: EMAIL: [email protected] SHOW DATE Customer No. SHOW CLASS RAIN DATE ORDER DATE 07/04/2021 4469 WORLD 07/05/2021 06/07/2021 JOB NUMBER: 7614 Amount 100% OF FIREWORKS PERFORMANCE CONTRACT 144,420.00 THE FULL AMOUNT OF $144,420.00 IS DUE AND PAYABLE ON OR BEFORE JULY 5, 2021 PAYMENT OPTIONS PAY BY CHECK: MAKE CHECK PAYABLE AND MAIL TO: FIREWORKS BY GRUCCI 20 Pinehurst Drive Bellport, NY 11713 PAY VIA WIRE TRANSFER: ACCOUNT NAME: FIREWORKS BY GRUCCI BANK NAME: BRIDGEHAMPTON NATIONAL BANK BANK ADDRESS: 2200 MONTAUK HIGHWAY, BRIDGEHAMPTON, NY 11932 TELEPHONE NO.: 631-537-1001 ACCOUNT NO.: 2200000061 ABA NO.; 021406667 SWIFT NO.; BHNBUS3B Subtotal before taxes 144,420.00 Total taxes 0.00 Total amount 144,420.00 Payment received 0.00 Discount taken 0.00 Amount due 144,420.00 Page 26 of 43 1 This agreement dated June 7, 2021 consisting of six (6) pages is for a 2 Fireworks Performance Contract 3 Between: Fireworks by Grucci, Inc. And: City of Jersey City 20 Pinehurst Drive Office of the Mayor Bellport, NY 11713 City Hall – 280 Grove Street Jersey City, NJ 07302 Tel: 1-631-286-0088 1-201-547-4303 Fax: 1-631-286-9036 1-201-547-5200 4 5 I. AGREEMENT: 6 Whereas both Fireworks by Grucci, herein referred to as Grucci, and the City of Jersey City, herein referred to as 7 Sponsor, agree that Grucci shall, pending receipt of all required permits, signed contract and payment in full, 8 produce and display fireworks from two barges at approximate coordinates: North Barge: 40°43.245'N; 74° 9 1.557'W and South Barge: 40°42.958'N; 74° 1.567'W, on the Hudson River adjacent to Jersey City, NJ per 10 Addendum C as follows: 11 12 Time of Duration Class of Fireworks Marine Total Fireworks Date Display (minutes) Fireworks Contract Services Performance Contract 9:30 pm Sunday 20-22 min World $100,000.00 $44,420.00 $144,420.00 July 4, 2021 ______Initial here 13 14 II. SERVICE AGREEMENT: 15 The Total Fireworks Performance Contract cost above is quoted fob destination at site for the fireworks display 16 and transportation of personnel, equipment and fireworks. Services that need to be provided and paid for by the 17 Sponsor are as detailed in Addendum B. 18 19 III. PAYMENT SCHEDULE: 20 Payment of the Total Fireworks Performance Contract for $144,420.00 shall be paid by Sponsor as follows: 21 a) The balance of $144,420.00 is due and payable on or before July 5, 2021. 22 b) A fee of $200.00, plus 1 ½% interest will be charged to any unpaid balance per month. 23 24 IV. CREDITING AND INTELLECTUAL PROPERTY RIGHTS: 25 Sponsor shall refer to Grucci as “Fireworks by Grucci” in all spoken media references of the Performance. Grucci 26 shall also be credited as “Fireworks by Grucci” in all written references to the Performance, whether in print or 27 online, including but not limited to any and all editorial, social media and/or marketing or advertisement(s) of the 28 Performance. Sponsor shall utilize, in addition to the “Fireworks by Grucci,” written credit, the authorized logo 29 referenced in Addendum A, in all print and online media and/or any other visual marketing, advertisement and 30 promotion of the Performance. 31 32 Sponsor understands and agrees that the Performance is designed by Phil Grucci and that the Performance is 33 engineered, produced, and realized by Fireworks by Grucci (collectively, the design, engineering, production and 34 realization of all elements of the Performance herein referred to as the “Protected Elements”). Accordingly, 35 Grucci exclusively owns and retains any and all Intellectual Property Rights (including Copyrights) associated with 36 the Protected Elements, and Sponsor may not sell, transfer, assign or otherwise convey such rights without 37 Grucci’s prior written consent. Sponsor understands and agrees that Grucci may utilize all or part of the 38 Protected Elements in connection with other performances by Grucci for unrelated third parties. Sponsor agrees 39 to keep all information regarding the Protected Elements confidential. 40 41 V. PERFORMANCE PHOTOGRAPHY/VIDEOGRAPHY: AMERICAS FIRST FAMILY OF FIREWORKS Fireworks by Grucci, Inc. ≈ 20 Pinehurst Drive ≈ Bellport, NY 11713 ≈ Tel: 631-286-0088 ≈ Fax: 631-286-9036 Page 1 of 6 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 7614/4469 Page 27 of 43 42 The parties agree to cooperate in good faith with respect to the production and use of photos and/or videos of 43 the Performance; provided each party shall retain exclusive ownership of the copyrights of such items respectively 44 commissioned by them. Sponsor agrees to provide Grucci’s photographers with access to suitable Sponsor- 45 controlled locations to record the Performance. Sponsor further agrees, whenever and wherever possible, to reach 46 out to third parties to assist Grucci’s photographers in gaining access to suitable locations not under Sponsor’s 47 control. 48 49 VI. RESCHEDULE DATE: 50 In the event the fireworks performance is rescheduled for any reason, Grucci has reserved Monday, July 5, 2021, 51 as an inclement weather date in consideration for a 15% fee per day of the Fireworks Performance Contract total 52 plus all out of pocket expenses. These costs shall be paid by the Sponsor upon demand. In any event, the Sponsor 53 shall be responsible for full agreement price and those related costs as stated above. 54 55 VII. GOVERNMENT PERMITS AND REGULATIONS: 56 Grucci shall file for all necessary permits, licensees and approvals applicable to this agreement. However, the 57 Sponsor shall be responsible for the payment of all government fees, fire department and police fees, taxes, 58 including but not limited to, sales, use, excise, entertainment, import charges and bonds for such permits, 59 licensees and approvals for the fireworks performance and the activities undertaken pursuant to this Agreement 60 from the appropriate federal, state, and local authorities. 61 62 This Agreement is subject to all federal, state and municipal laws and regulations now in force or which may be 63 enacted before the completion of this Agreement. Should any municipal, state or federal law or ordinance be 64 passed which prohibits or restricts the performance or operation of the fireworks performance described herein, 65 the same shall automatically restrict or limit the fireworks performances described herein accordingly. 66 67 In the event the federal government or other regulatory authorities restricts or prohibits the use of any firework 68 as set forth herein, preventing Grucci from producing a performance as described above, then in such event, Grucci 69 shall substitute a firework of equivalent entertainment value, such substitution shall not constitute a reduction in 70 the agreement price. 71 72 VIII. GENERAL PROVISIONS: 73 1) Neither the Sponsor, nor Grucci shall be in default or liable for any type of damages under this Agreement for any 74 Force Majeure event. A Force Majeure Event is any such unforeseen act or event that is beyond the reasonable 75 control of a party that prevents the Sponsor or Grucci from performing and is not the fault of the Sponsor or 76 Grucci; in addition, a Force Majeure Event is also defined as war, government intervention, pandemic, un- 77 navigable waters or waterways, strikes, inclement weather, fire, explosions (not the result of the performance 78 itself) , civil disturbance, act of God or the public enemy, military action, terrorist act, unforeseeable or 79 unpreventable lack of materials or equipment. 80 a) In the instance of a Force Majeure event causing the performance to be postponed, upon written 81 notification Sponsor shall reimburse Grucci for a 15% fee of the Fireworks Performance Contract total plus 82 all out of pocket expenses incurred. Performance will be rescheduled to a mutually agreeable date within 83 twelve months of the originally contracted Show Date. After that point in time, the performance will be 84 considered terminated and subject to the terms in point (b) below. 85 b) In the instance of a Force Majeure event causing the performance to be terminated, upon written 86 notification Sponsor shall reimburse Grucci for time & effort and out-of-pocket expenses per the following 87 schedule: 88 i) 60 days prior to performance date: 15% of Total Fireworks Performance Contract amount plus out of 89 pocket expenses incurred. 90 ii) 30 days prior to performance date: 25% of Total Fireworks Performance Contract amount plus out of 91 pocket expenses incurred 92 iii) 15 days prior to performance date: 50% of Total Fireworks Performance Contract amount plus out of 93 pocket expenses incurred. AMERICAS FIRST FAMILY OF FIREWORKS Fireworks by Grucci, Inc. ≈ 20 Pinehurst Drive ≈ Bellport, NY 11713 ≈ Tel: 631-286-0088 ≈ Fax: 631-286-9036 Page 2 of 6 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 7614/4469 Page 28 of 43 94 iv) At any point thereafter: 75% of Total Fireworks Performance Contract amount plus out of pocket 95 expenses incurred. 96 2) Once the agreement is signed and the performance is then cancelled by the Sponsor for any reason, Grucci 97 shall be paid one hundred percent (100%) of the total agreement price. 98 3) Grucci shall not be responsible for any weather or atmospheric conditions that may interfere with the 99 performance or aesthetic quality of the fireworks or the performance. 100 4) This agreement constitutes the entire Agreement between the parties relating to the subject matter hereof, 101 and may not be changed, modified, renewed, or extended except by a written agreement, signed by the party 102 against whom enforcement of change, modification, renewal or extension is sought. 103 5) Fireworks by Grucci agrees to procure general liability insurance in the amount of five million dollars and to 104 issue form attached hereto, evidencing such insurance and covering the persons and entities named therein 105 as additional insureds against any claims arising out of the sole negligence of Fireworks by Grucci, Inc. in excess 106 of $2,500.00 per event. 107 6) This agreement shall be interpreted in accordance with and the rights of the parties hereto and shall be 108 determined by the laws of the State of New York. 109 7) Any and all disputes, controversies, actions, claims, or proceedings arising under, out of, in connection, or 110 relating to the terms of this agreement, and amendment thereof, commenced by, between or against any of 111 the parties to this agreement shall be commenced and maintained solely in the courts of the State of New 112 York, and by the signing of this agreement all parties hereby submit to this same jurisdiction. 113 8) By signing this agreement, the Sponsor agrees to reimburse Grucci for any and all costs including but not 114 limited to administrative and attorney fees related to any and all disputes, controversies, actions, claims, 115 and/or proceedings arising under, out of, in connection, or relating to the terms of this agreement. 116 117 118 To validate this agreement, it must be signed and returned 119 to Grucci on or before June 15, 2021. 120 121 Date Felix James Grucci (Phil) Date Mayor Steven M. Fulop CEO/Creative Director City of Jersey City, NJ Fireworks by Grucci, Inc. 122 123 124 THE REMAINDER OF THIS PAGE HAS BEEN 125 INTENTIONALLY LEFT BLANK 126 127 AMERICAS FIRST FAMILY OF FIREWORKS Fireworks by Grucci, Inc. ≈ 20 Pinehurst Drive ≈ Bellport, NY 11713 ≈ Tel: 631-286-0088 ≈ Fax: 631-286-9036 Page 3 of 6 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 7614/4469 Page 29 of 43 128 129 Addendum A to 130 Fireworks Performance Contract 131 Dated: June 7, 2021 132 133 a) Red burst with blue signature: to be used on a white or light background 134 135 b) Blue burst with white signature: to be used on a dark background 136 137 AMERICAS FIRST FAMILY OF FIREWORKS Fireworks by Grucci, Inc. ≈ 20 Pinehurst Drive ≈ Bellport, NY 11713 ≈ Tel: 631-286-0088 ≈ Fax: 631-286-9036 Page 4 of 6 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 7614/4469 Page 30 of 43 138 139 Addendum B to 140 Fireworks Performance Contract 141 Dated: June 7, 2021 142 143 I. Expenses and services INCLUDED* in the budget of $144,420.00 for the fireworks performance 144 are as follows: 145 146 Responsibility of Grucci: 147 • Our State-of-the-Art style of displaying the fireworks that has won accolades from the “who’s who” in 148 America’s elite events including eight Presidential Inaugurations. 149 • International variety of high aerial shells and Grand Illuminations manufactured and purchased from the 150 best shell makers in the world will be displayed. 151 • Specialized firing systems and all specialized pyrotechnic-related equipment to present the creative 152 design. 153 • Licensed and experienced professional staff, inclusive of Show Designer, Chief Pyrotechnician, 154 Pyrotechnicians to set-up and fire your program. 155 • Apply for the required federal, state, local licenses and permits. 156 • Coordinate and secure the marine services: tugboat, barges and dockage. The marine services included in 157 these Grucci responsibilities are estimated at $44,420 as of May 30, 2021. If these services increase by 158 more than 10%, we request Client to provide any difference over and above. 159 • Worker’s Compensation for all Grucci Labor. 160 • General Liability coverage of $5,000,000 per occurrence: comprised of $1,000,000 commercial general 161 liability and $1,000,000 dollars combined single limits for vehicle liability insurance with an excess liability 162 policy of $4,000,000 covering all above. 163 164 II. Local Host Site Expenses and services NOT INCLUDED in total budget are as follows: 165 166 Responsibility of Sponsor: 167 • Display site preparation, access, use and detailed clean-up, arranged for and paid directly by the 168 Sponsor. 169 • Applicable municipal permit and fire department inspection fees, arranged for by Grucci and paid 170 directly by the Sponsor. 171 • Municipal police and fire department stand-by detail fees, arranged for by Grucci and paid directly by 172 the Sponsor. 173 • Security upon arrival to departure including temporary barriers for crowd control as required, arranged 174 for and paid directly by Sponsor. 175 • Marine Bureau Harbor Patrol to secure display site and fall-out areas, arranged for and paid directly by 176 the Sponsor. 177 • The marine services included in the Grucci responsibilities are estimated at $44,420 as of May 30, 2021. 178 If these services increase by more than 10%, we request Client to provide any difference over and above. 179 • Reschedule Date – a reschedule is offered if requested for a fee of 15% of total budget plus all out-of- 180 pocket expenses will be incurred. 181 182 183 * Not included in your performance is a choreographed or synchronized music score. AMERICAS FIRST FAMILY OF FIREWORKS Fireworks by Grucci, Inc. ≈ 20 Pinehurst Drive ≈ Bellport, NY 11713 ≈ Tel: 631-286-0088 ≈ Fax: 631-286-9036 Page 5 of 6 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 7614/4469 Page 31 of 43 184 185 Addendum C to 186 Fireworks Performance Contract 187 Dated: June 7, 2021 188 189 All Informa on contained on this document is copyright material and the intellectual property of Fireworks by Grucci Inc . e produc on and or circula on without approval of Fireworks by Grucci is prohibited. ev 6 1 AMERICAS FIRST FAMILY OF FIREWORKS Fireworks by Grucci, Inc. ≈ 20 Pinehurst Drive ≈ Bellport, NY 11713 ≈ Tel: 631-286-0088 ≈ Fax: 631-286-9036 Page 6 of 6 FbG - FPC - Jersey City, City of - 2021-07-04 v2-1 7614/4469 Page 32 of 43 AGREEMENT AGREEMENT made this fourth day of July, 2021 between the City of Jersey City, a Municipal Corporation of the State of New Jersey ("City") and Fireworks by Grucci, Inc., 20 Pinehurst Drive, Bellport, NY 11713 (hereinafter referred to as "Consultant"). WHEREAS, the City requires the services of a professional firm in order to design and implement a fireworks display on July 4, 2021; and WHEREAS, Consultant has agreed to provide design services for a lump sum fee of $ $144,420; and WHEREAS, on June 16, 2021, the City Council adopted Resolution 21.____ which authorizes the execution of this Agreement; and WHEREAS, Consultant has the skills and expertise necessary to provide these services to the City. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: ARTICLE I Purpose of Agreement The purpose of this Agreement is for Consultant to design and implement a fireworks display on July 4, 2021. ARTICLE II Scope of Services 1. Consultant shall perform for the City all the required services in accordance with the Proposal prepared by Consultant which is attached hereto and incorporated herein by reference (Exhibit A), and in accordance with this Agreement. In the event that there is a conflict or discrepancy among the provisions of this Agreement, and the provisions of Exhibit A, the provisions of this Agreement shall govern over the provisions of Exhibit A. Page 1 of 8 Page 33 of 43 2. Such described services shall be performed during a period of one (1) day, commencing upon the issuance of a Notice to Proceed by the City’s Purchasing Agent. 3. The scope of services to be performed shall not be materially different from, or more or less extensive, than those specified above unless such modifications are reduced to writing and signed by authorized representatives of the City and Consultant. Any modifications which increase the compensation of Consultant above the amount stated in Article IV of this Agreement shall require the prior authorization of the governing body of the City. ARTICLE III Contractual Relationship 1. In performing the services under this Agreement, Consultant shall operate and have the status of an independent contractor and shall not act as an agent or employee of the City. As an independent contractor, Consultant shall be solely responsible for determining the means and methods of performing the services described in the Scope of Services. 2. Consultant shall perform the services to be furnished under this Agreement with the degree of skill and care that is required by customarily accepted competent professional practices to assure that all work is correct and appropriate for the purposes intended. ARTICLE IV Compensation and Payment 1. In exchange for performing the services described in Article II herein, the Consultant shall receive a total contract amount not to exceed $144,420, including fees and expenses. Compensation shall be payable after the delivery and performance of the services no later than July 5, 2021. ARTICLE V Insurance 1. Consultant shall purchase and maintain the following insurance during the term of this Contract. Page 2 of 8 Page 34 of 43 A. Comprehensive General Liability covering as insured Consultant with not less than TWO MILLION DOLLARS ($2,000,000) combined single limit for Bodily Injury and Property Damage Liability. The City of Jersey City, its agents, servants shall be named as additional insured. B. Professional Liability Insurance: covering as insured the Consultant with not less than one million dollars ($1,000,000) Limit of Liability. Said policy shall include an endorsement whereby the Consultant indemnifies and holds harmless the CITY, its respective employees from all claims against any of them for personal injury or death or property damage arising solely out of the negligent performance of professional service or caused by error, omission, or negligent act of the Consultant or any one employed by the Consultant. This policy must be written on an “Occurrence” form. A “Claims Made” form is unacceptable. C. Automobile Liability Coverage: covering as insured CONSULTANT with not less than ONE MILLION DOLLARS ($1,000,000) combined single limit for Bodily Injury and Property Damage Liability, including non-owned Automobile Liability Coverage. D. Workmen's Compensation Insurance: benefit securing compensation for the benefit of the employees of Consultant in the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) (Statutory). 2. Consultant agrees to procure and maintain insurance of the kinds and in the amounts hereinabove provided in insurance companies authorized to do business in the State of New Jersey, as rated in the Best Key Rating Guide for Property and Casualty covering all operations under this Contract. Before commencing the work, Consultant shall furnish the City certificates of each insurance upon execution of this Contract. 3. The insurance policies described in this Article shall be kept in force for the period specified below. All coverage should remain in effect for the period of the consulting contract. Professional Liability Insurance shall remain in effect for a period of two (2) years after the completion of Consultant’s work. Page 3 of 8 Page 35 of 43 ARTICLE VI Termination 1. The City shall have the right to terminate this Agreement in whole or in part without cause at any time upon 30 days' written notice. Upon receipt of termination notice, Consultant shall immediately discontinue services. Consultant shall be paid the amount earned by or reimbursable to Consultant hereunder to the time specified in said notice. Consultant shall have no further claim against the City with respect thereto. ARTICLE VII Indemnity The Consultant shall be liable to and hereby agrees to indemnify and hold harmless the City and employees of the City from any damages and for any costs and expenses to which the City and its respective employees may be subjected, or which they may suffer or incur by reason of any loss, property damage, bodily injury, or death resulting solely from an error, omission, or negligent act of the Consultant or anyone employed by the Consultant in the performance of this contract. ARTICLE VIII Entire Agreement This Agreement constitutes the entire agreement between City and Consultant. It supersedes all prior or contemporaneous communications, representations of agreement, whether oral or written with respect to the subject matter thereof and has been induced by no representations, statements or agreements other than those herein expressed. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by an authorized officer of the party sought to be bound thereby. ARTICLE IX Assignment Consultant shall make no assignment or transfer of this Agreement or assign or transfer any part of the work under this Agreement. Page 4 of 8 Page 36 of 43 ARTICLE X Choice of Law This Agreement shall be deemed to have been made, executed and delivered in the State of New Jersey. The terms and conditions of this Agreement shall be constructed in accordance with the laws of the State of New Jersey. ARTICLE XI Modification The parties hereto reserve the right subject to mutual assent, to modify the terms and conditions as herein contained, as necessary and as evidenced by a written formal executed Addendum to the Agreement. ARTICLE XII Counter-parts This Agreement shall be executed in four counter-parts, each of which shall be deemed to be an original and such counter-parts shall constitute one and the same document. ARTICLE XIII Paragraph Headings The paragraph headings in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. ARTICLE XIV Severability If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, such determination shall not affect or impair any other provision of this Agreement Page 5 of 8 Page 37 of 43 ARTICLE XV Indulgences Neither the failure nor any delay on the part of any party hereto to exercise any right, remedy, power or privilege (collectively "rights") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or any other right, or, with respect to any occurrence be construed as a waiver of such right with respect to any other occurrence ARTICLE XVII Notice All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to be duly given if delivered to: John Metro ______Acting Business Administrator Fireworks by Grucci, Inc. 280 Grove Street 20 Pinehurst Drive Jersey City, NJ 07302 Bellport, NY 11713 ARTICLE XVIII New Jersey Business Registration Requirements The contractor shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor. Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates (N.J.S.A. 52:32-44(g)(3)) shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L. 2001, c. 134 (C.52:32-44 et seq.) or subsection e. or Page 6 of 8 Page 38 of 43 f. of section 92 of P.L. 1977, c. 110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency. ARTICLE XIX City of Jersey City Contractor Pay-to-Play Reform Ordinance This contract was awarded in accordance with the City of Jersey City’s Contractor Pay-to-Play Reform Ordinance, Section 3-51.1 of the City Code. As such the undersigned does hereby attest that Consultant, its subsidiaries, assigns or principals have neither made a reportable contribution in the one year period preceding the date that the City Council awards the contract that would be deemed to be a violation of Section 3-51.1, nor will Counsel, its subsidiaries, assigns or principals make a reportable contribution during the term of the contract that would be in violation of Section 3-51.1 ARTICLE XX Political Contribution Prohibition This contract has been awarded to the Contractor based on the merits and abilities of the contractor to provide the goods or services as described herein. This contract was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4 et seq. As such, the undersigned does hereby attest that the Contractor, its subsidiaries, assigns or principals controlling in excess of 10% of the company have neither made a contribution, that is reportable pursuant to the Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the contract that would, pursuant to P.L. 2004, c.19, affect its eligibility to perform this contract, nor will it make a reportable contribution during the term of the contract to any political party committee in the City of Jersey City if a member of that political party is serving in an elective public office of the City of Jersey City when the contract is awarded, or to any candidate committee of any person serving in an elective public office of the City of Jersey City when the contract is awarded. ARTICLE XXI Chapter 271 Political Contribution Disclosure Contractor is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271) if the Contractor receives contracts in excess of $50,000 from public entities in a calendar year. It is the Page 7 of 8 Page 39 of 43 Contractor’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date set forth above. ATTEST: CITY OF JERSEY CITY SEAN GALLAGHER JOHN METRO City Clerk Acting Business Administrator ATTEST: FIREWORKS BY GRUCCI, INC. Page 8 of 8 Page 40 of 43 CITY OF JERSEY CITY 394 CENTRALAVE. 3RD FLOOR PURCHASE ORDER NUMBER JERSEY CITY NJ 07307 141412 PURCHASE ORDER & VOUCHER ..";‘s’§%%'I: CHECK NO, T REQUISITION :: 0197429 CHECK DATE T BUYER VOUCHER NO PROFSRVC VENDOR INV.# DELIVER To DATE VENDOR N0. OFFICE OF CULTURAL AFFAIRS 06/09/2021 Fl209516 280 GROVE STREET FLOOR 2, ROOM 215 VENDOR INFORMATION JERSEY CITY NJ 07302 FIREWORKS BY GRUCCI BILL T0 20 p|NEHuRs DRIVE OFFICE OF CULTURAL AFFAIRS - 280 GROVE STREET BELLPORT NY 11713 FLOOR 2. ROOM 215 JERSEY CITY NJ 07302 QUANTITY UNIT DESCRIPTION ACCOUNT NUMBER UNITPRICE EXTENDEDPRICE _ L . — I 1.00 SVS FIREWORKS 01-201-20-112-314 144.420.0000 144,420.00 PROFESSIONAL CONTRACT FOR FIREWORKS WITH "FIREWORKS BY GRUCC|" ON JULY 4, 2021 AT EXCHANGE PLACE SHOW LOCATION: NORTH BARGE 8. SOUTH BARGE AMOUNT OF CONTRACT: $144,420.00 QUOTE #: IN0008701 BY FELIX JAMES GRUCCI PROFSRVC: APPROVED: TAX EXEMPTION NO. 22-5002013 Po Total 144,420.00 CLAIMANT'S CERTIFICATION AND DECLARATION OFFICER'S OR EMPLOYEE'S CERTIFICATION I do solemnly declare and certify under the penalties of the law that the within bill is Correct in all Having knowledge of the facts In the course OI regular procedures, I certify that the its particulars, that the articles have been furnished or services rendered as stated therein: that materials and supplies have been received or the services rendered: said certi?cation Is no bonus has been given or received by any persons within the knowledge of this claimant in based on delivery slips acknowledged by a principal official or employee or other connection with the above claim; that the amounl therein stated is justly due and owing; and that reasonable procedures. the amount charged is a reasonable one. X TITLEDR POSITION DATE VENDOR SIGN HERE APPROVED BYTHE PURCHASING AGENT DATE OFFICIAL POSITION DATE APPROVED BY ACCOUNTS L CONTROL DATE Original Copy FOR PAYMENT, VENDOR MUST SIGN AT X ONPageTHIS 41VOUCHER of 43 AND RETURN TO THE BILL TO ADDRESS Appendix Revised Contract Language for BRC Compliance Goods and Services Contracts (incIuding_purchase orders) N.J.S.A. 52:32-44 imposes the followingrequirements on contractors and all subcontractors-that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractorsto submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors an_d their af?liatesthat they must collect and remit to the Director, New Jersey Divisionof Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B—1et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for» each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under .a c,ontra.ct.with a contracting agency. information on the law and its requirements is available by calling (609) 292-9292. Construction Contracts fincludinq public works related purchase orders) N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; 2) subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration and maintain them on file; 3) prior to receipt of ?nal payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers or attest that none was used; and, 4) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and theiraffiliates that they must collect and remit, to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:_32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling (609) 292-9292. Page 42 of 43 STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE Taxpayer Name: FIREWORKS BY GRUCCI INCORPORATED Trade Name: Address: 1 GRUCCI LANE BROOKHAVEN_ NY 11719-9423 Certi?eate Number: 0187722 Effective Date: November 22. 19K‘) Date of Issuance: June I 1, 2021 For Of?ce Use Only: 202106ll105026312 Page 43 of 43