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 $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- $ POLICY X JECT LOC A AUTOMOBILE LIABILITY SI8CA00044-211 2/17/2021 2/17/2022 COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ C UMBRELLA LIAB X OCCUR P-001-000082173-03 2/17/2021 2/17/2022 EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 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.