City Clerk File No. Agenda No. Approved: TITLE: Res. 18-473 10.A MAY 2 3 2018 RESOLUTION AUTHORIZING AN EMERGENCY TEMPORARY APPROPRIATION COUNCIL adoption of the following resolution: offered and moved WHEREAS, it is necessary to provide an additional appropriation in the Calendar Fiscal Year 2018 temporary. budget to make available the money necessary for the continuance of City sen/ices during the temporary budget period; and, WHEREAS, no adequate provision has been made in the Calendar Fiscal Year 2018 Temporary Budget for the aforesaid purpose, and N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose mentioned above;and, . WHEREAS, the total temporary budget resolutions adopted in Calendar Fiscal Year 2018 pursuant to the provisions of N.J.S.A. 40A:4-19,20, including this resolution, totals $379,111,222. NOW THEREFORE, BE IT RESOLVED by the, Municipal .Council of the City of Jersey City (not less than two thirds of all members thereof affinnatively concurring) that in accordance with the aforementioned statutes; 1. An emergency temporary appropriation is hereby created for: See attached fist 2. Said emergency temporary appropriation will be provided for in the Calendar Fiscal Year 2018 Municipal Budget, APPROVED: APPROVED: APPROVED AS TO LEGAL FORM Business Administrator Corporstfon Counsel Certification Required 0 Not Required D APPROVED ^-0 RECORD OF COUNCIL VOTE ON FINAL PASSAGE _5. ?.t. 1ft COUNCILPERSON RIDLEY PRINZ-AREY BOGGIANO . AYE ~z_ ~/L /" NAY N,V, COUNCiLPERSON YUN SOLOMON ROBINSON AYE ~7_ ~T ~^ NAY N.V. COUNCiLPERSON RIVERA WATTERMAN LAVARRO,PRES. AYE z. ~7~ / NAY N,V. / Indicates Vote Adopted/a^meeting of the Municipal Counci! of the City of Jersey City NJ. {/ N,V.-Not Voting (Abstain) :olando R. Lavarro, Jr., President of Council Robert Byme.Cit^lerk
Transcript
City Clerk File No.
Agenda No.
Approved:
TITLE:
Res. 18-473
10.A
MAY 2 3 2018
RESOLUTION AUTHORIZING AN EMERGENCY TEMPORARYAPPROPRIATION
COUNCILadoption of the following resolution:
offered and moved
WHEREAS, it is necessary to provide an additional appropriation in the CalendarFiscal Year 2018 temporary. budget to make available the money necessary for thecontinuance of City sen/ices during the temporary budget period; and,
WHEREAS, no adequate provision has been made in the Calendar Fiscal Year 2018Temporary Budget for the aforesaid purpose, and N.J.S.A. 40A:4-20 provides for thecreation of an emergency temporary appropriation for the purpose mentioned above;and, .
WHEREAS, the total temporary budget resolutions adopted in Calendar Fiscal Year2018 pursuant to the provisions of N.J.S.A. 40A:4-19,20, including this resolution,totals $379,111,222.
NOW THEREFORE, BE IT RESOLVED by the, Municipal .Council of the City of Jersey City(not less than two thirds of all members thereof affinnatively concurring) that in accordancewith the aforementioned statutes;
1. An emergency temporary appropriation is hereby created for:
See attached fist
2. Said emergency temporary appropriation will be provided for in the Calendar Fiscal Year2018 Municipal Budget,
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporstfon Counsel
Certification Required 0
Not Required DAPPROVED ^-0
RECORD OF COUNCIL VOTE ON FINAL PASSAGE _5. ?.t. 1ftCOUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO .
AYE
~z_~/L/"
NAY N,V, COUNCiLPERSONYUN
SOLOMON
ROBINSON
AYE
~7_~T~^
NAY N.V. COUNCiLPERSONRIVERA
WATTERMAN
LAVARRO,PRES.
AYE
z.~7~
/
NAY N,V.
/ Indicates Vote
Adopted/a^meeting of the Municipal Counci! of the City of Jersey City NJ.{/
N,V.-Not Voting (Abstain)
:olando R. Lavarro, Jr., President of Council Robert Byme.Cit^lerk
Continuation of Resolution
City Clerk File No. /CsS.^-^3
Agenda No.
TITLE:
Pg.# ^
/O.A.
RESOLUTION AUTHORIZING AN EMERGENCY TEMPORARYAPPROPRIATION
ACCOUNT: DESCRIPTION: FROM: To;
20-115
27-331
27-330
20-100
27-334
25-265
25-271
26-292
28-375
20-117
26-315
20-107
20-170
22-196
26-291
26-290
20-116
25-240
43-495
20-145
20-106
20-109
25-272
20-155
43-490
21-186
2&-101
25-270
20-119
20-123
20-111
20-131
20-118
22-198
20-134
22-171
20-120
22-197
20-150
20-111
20-140
36-473
20-100
20-112
30-412
20-135
26-315
28-375
31-433
20.118
GRANTGRAMTGRANT
HUMAN RESOURCES DIRECTOR- S/WDIVISION OF ENVIR. HEALTH - S/W
Note: Initiator must be avaH-e-a; by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p,m.)
Resolution Purpose
This Resolution is to increase the temporary budget to cover salary & wages as well as operating expenses and
also include new grants received.
I certify th^Call the^facts pr
terein are accurate.
.May 16, 2018
City Clerk File No,
Agenda No.
Approved:
TITLE:
Res. 18-474
10.B
MAY 2 3 2018
RESOLUTION OF THE CITY OF JERSEY CITYAUTHORIZING THE CIRCULATION OF APRELIMINARY OFFICIAL STATEMENT AND FINALOFFICIAL STATEMENT IN CONNECTION WITHTHE SALE OF THE CITY'S BOND ANTICIPATIONNOTES, SERIES 2018B, BOND ANTICIPATIONNOTES, SERIES 2018C AND SPECIAL EMERGENCYNOTES, SERIES 2018D AND APPROVING ACONTINUING DISCLOSURE CERTIFICATE WITHRESPECT TO SAID NOTES OF THE CITY, ANDAUTHORIZING AND/OR RATIFYING OTHERACTIONS IN CONNECTION THEREWITH
WHEREAS, the Municipal Council of the City of Jersey City, in the County of Hudson,New Jersey (the "City"), has previously adopted an ordinance numbered 10-085 and fmallyadopted by the Municipal Council on July 14, 2010 as amended by ordinance numbered 15.125and finally adopted by the Municipal Council on October 14, 2015 (collectively, "Ordmance 10-085"), an ordinance numbered 18-028 and finally adopted by the Municipal Council on April 25,2018 ("Ordinance 18-028"), and an ordinance of the City numbered 18-038 and finally adoptedby the Municipal Council of the City on May 9, 2018 ("Ordinance 18-038", and together withOrdinance 10-085 and Ordinance 18-028, the "Ordinances"), and a resolution of the City adopted
by the Municipal Council of the City on May 9, 2018 (tfae "2018 Resolution"); and
WHEREAS, the City intends to issue its Bond Anticipation Notes, Series 2018B(Federally Taxable) in an amount not to exceed $6,825,000 (the "Series 2018B Notes") underOrdinance 10-085 for the purpose of refunding a portion of the City's $6,955,000 BondAnticipation Notes, Series 2017B (Federally Taxable) whjch were issued on June 22, 2017 andmature on June 22, 2018, and used to refinance certain capital improvements; and
WHEREAS, the City intends to issue its Bond Anticipation Notes, Series 2018C in. anamount not to exceed $45,031,115 (the "Series 2018C Notes") under Ordinance 18-038 for thepurpose of providing funds for various capital improvements; and
WHEREAS, the City intends to issue its Special Emergency Notes, Series 2018D (the"Series 2018D Notes", and together with the Series 2018B Notes and the Series 2018C Notes,the "Notes") in an amount not to exceed $940,500 under Ordinance 18-028 and the 2018
Resolution for the purpose of financing the cost of the City" s master plan; and
WHEREAS, all matters pertaining to the sale of the Notes have been delegated by theOrdinances and the 2018 Resolution to the Chief Financial Officer of the City; and
WHEREAS, in connection with the offering and sale of the Notes, the City intends todistribute a Preliminary Official Statement and final Official Statement setting forth certaininformation relating to the City and the Notes, and the City also intends to enter into a
Continuing Disclosure Certificate,
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OFTHE CITY OF JERSEY CITY, IN THE COUNTY OF HUDSON, NEW JERSEY, ASFOLLOWS:
SECTION I. Authorization for Official Statement. The distribution by the City, and itsfinancial advisor, of the Preliminary Official Statement relating to the Notes (a draft of which isattached hereto as Exhibit A and shall be filed with the records of the City) is hereby approvedin substantially such form, with such insertions, deletions and changes therein and anysupplements thereto as bond counsel may advise and the City officer executing the same may
approve, such approval to be evidenced by such City officer's execution thereof. The ChiefFinancial Officer is hereby authorized to deem the Preliminary Official Statement "fmal" within
Continuation of Resolution
City Cierk File No.
Agenda No.
Res. 18-474Pg.#
10.B MAY 2 3 2018TiTLE:
the meaning of Rule 15c2-12 of the Rules of the Securities and Exchange Commission and to
execute and deliver a certificate to that effect, The Chief Financial Officer is hereby authorizedto approve the contents and terms of the final Official Statement in respect of the aforementionednotes in substantially the form of the Preliminary Official Statement. The Chief FinancialOfficer is hereby authorized to sign such Official Statement on behalf of the City, in substantiallysuch form, with such insertions, deletions and changes therein and any supplements thereto as
bond counsel may advise and the City officer executing the same may approve, such approval to
be evidenced by such City officer's execution thereof.
SECTION 2. Cpntinmng, Disclosure. The form of the Continuing Disclosure Certificatein substantially the form attached hereto as Exhibit B is hereby approved, and the execution ofthe Continuing Disclosure Certificate by Chief Financial Officer of the City is hereby authorized.The City hereby covenants and agrees that it will comply with and carry out all of the provisionsof the Continuing Disclosure Certificate executed by the City and dated the date of issuance and
delivery of the Notes, as originally executed and as it may be amended from tkne to time inaccordance with the terms thereof, Notwithstandmg any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate shall not be considered adefault on the Notes; however, any holder may take such actions as may be necessary and
appropriate, including seeking specific performance by court order, to cause the City to complywith its obligations under this Section.
Section 3. Further Action, Any matter relating to the award, sale or execution of the
Notes which has been delegated by the Ordinance to the Chief Financial Officer may beperformed by said officer. On behalf of the City, the appropriate representatives of the City areauthorized and directed to take all steps which are necessary or convenient to effectuate the
terms of this Resolution with respect to the issuance, sale and delivery of the Notes, including,but not limited to "the execution of all tax certificates and other closing documentation. All such
actions heretofore taken are hereby ratified, approved and confirmed.
Section 4, Effective Date. This Resolution shall take effect upon adoption.
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required n
Not Required
COUNCILPERSONRIDLEY
PRiNZ-AREY
BOGGIANO^ Indicates Vote
AYE
.z//f/
APPROVEDRECORD OF COUNCIL VOTE ON FINAL PASSAGE 5T2^
NAY N.V, COUNCILPERSONyuNSOLOMON
ROBINSON
AYE
.z//^
NAY N,V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES
18AYE
~z_~y/
NAY N.V.
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
/RolsEfido R. Lavarro, Jr., President of Councilrl^^V<^^^
Robert byrne, City CJ^fk
RESOLUTION FACT SHEET - NON-CONTRACTUALThis 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 remmed with the resolution.
'HE Cm OF JERSEY CITY AUTHORIZINGON OF A PRELIMINARY OFFICIAL
FINAL OFFICIAL STATEMENT INm THE SALE OF THE CITY'S BOND
JTES, SERIES 2018B, BOND ANTICIPATIONtl8C AND SPECIAL EMERGENCY NOTES,- APPROVING A CONTINUING DISCLOSURE^1 RESPECT TO SAID NOTES OF THE CITY,^ AND/OR RATIFYING OTHER ACTIONS IN^EWITH
InitiatorDepartmen:t/Division_
Name/TitlePhone/email
Administration
Donna Mauer
201-547-5042
Management & Budget
Chief Financial Officer
DonnaM@jcnj ,org
Note: Initiator must be avaiiable by phois: ;^—ng agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
This resolution approves the PrelimL";^— Official Statement and Continuing Disclosure Certificate for the saleof certain Bonds and Notes. The purpc'5^ is to provide the Council with these offering documents prior to thesale.
I certify that alH^ie facts presented herein are accurate.
Signature of Department Directorslio/y
DatT
EXHIBIT A
•° ^ PRELIMINARY OFFICIAL STATEMENT DATED MAY 30,2018S ^ This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must^ ^ read the entire Official Statement to obtain information essential to the isr,skmg of an informed investment decision.
I?S, g NEW ISSUE ^.\TING: See "RATING" herein1^ .^ -° sI Q -^ In the opinion of GluckWalrath LLP, Bond Counsel, assummg continuing comply"-.-.. -. the Cm- fas defined herein) with certain covenants
•g ^ ^ described herein and with the provisions of the Internal Revenue Code of 1986, as amended f.~"= ^-^de") applicable to the Tax-Exempt Notes (as defined
S ^ •§ herein), under statutes and court decisions existing on the date oforigmal delivery of the Tax -.-. -"^f Notes, irjerest on the Tax-Exempt Notes is excluded
^ § 'S' ./row gros^ income of the holders of the Tax-Exempt Notes for federal income taxpurposes ur-a" nation 103 of the Code. In the further opinion of Bond'S ^ "§ Counsel, interest on the Tax-Exempt Notes is not treated as a preference item for purposes :/ Ae altematTve mimmum tax imposed by tlie Code on
^ g ^ mdividuals or corporations. No other opinion is expressed regarding other federal tax conseqiK^-"^ aris'mg with respect to the Tax-Exempt Notes. InterestS ^ E3 on (Ae Taxable Notes (as defined herein) is not excluded jrom gross income for federal income z^- -"-yposes. Further, in the opinion of Bond Cotinsel, under.S ^ o ;/;e ?aw^ of the State of Ne^v Jersey, as enacted and construed on the date oforiginaJ delivery c' 's. \otes, interest on the Notes and any gain from the sale§ g ^ thereof are not mcludable in gross income under the New Jersey Gross Income Tax Act. See 'T--. ^-TTERS" herein.:Si-211:1 CITY OF JERSEY CITYg 'u g in the County of Hudson, New Jen^'S " u "- -~~ ~ -—•J --—-—-—,-.-.. _-..--.
Is 5Ill $52,796,615 NOTESH i g- Consisting of:S ^ S $6,825,000 BOND ANTIC^ATION NOTES, SEMES 20183 -FEDERALLY TAXABLE),^ 11 $45,031415 BOND ANTICIPATION NOTES. SERIES 2018C0 ^-i. (1^-
I § I _ _ .. andI I g $940,500 SPECIAL EMERGENCY NOTES, SERIES 2018DS S •^t^ S 5E^^ Dated: Date of Delivery Due: June 21,2019, as shown belowt.s I.rg £ S ^e $6,825,000 Bond Anticipation Notes, Series 2018B (Federally Taxable) (the "Taxable Notes"), the $45,031,115I ^.| Bond Anticipation Notes, Series 2018C (the "Bond Anticipation Notes") and the $940,500 Special Emergency Notes, Series
2018D (the "Special Emergency Notes", and together with the Bond Anticipation Notes, the 'Tax-Exempt Notes") will beissued by the City of Jersey City, in the County of Hudson, New Jersey (the "City"). The Taxable Notes and the Tax-Exempt
6
w.1 (£ ^ Notes are hereinafter referred to as the "Notes".
g -@ -g
"^^ The Notes will be issued as fuUy registered Notes in the form. of one certificate for the aggregate principal amount of.^ '^ I each series of Notes and, when issued, will be registered in the name of and held by Cede & Co., as nominee for DTC.•I. I § Purchases of the Notes of each series wffl be made m book-entry-only form (without certificates) in denominations of $5,000 or§ '| ^ more. So long as DTC, or its nominee Cede & Co., is the registered owner of the Notes, payments of the principal of andS § '3 interest on the Notes are to be made directly to Cede &, Co., which is to remit such payments to DTC participants, which in turn..u'^ ^ is to remit such payments to be beneficial owners of the Notes (see "DESCRIPTION OF THE NOTES - Book Entry Only'H S g System" herein). Interest on the Notes is payable at maturity. The Notes are not subject to redemption prior to then- maturity..3 -a g
'13 -I $_ _%, Bond Anticipation Notes, Series 201 SB (Federally Taxable), Due June 21,2019- Price ___%^ 11 $__%, Bond Anticipation Notes, Series 2018C, Due June 21, 2019-Price_%I ^ I $ % Special Emergency Notes, Series 2018D, Due June 21,2019-Price '%-2 .S _,"5 tf=i ,S0 G S^ '^s °, The Notes constitite general obligations of the City, and the full faith and credit and unlimited taxing power of the•||^ City are pledged to the payment of the principal of, applicable premium, if any, and interest on the Notes. The City shall be.1 S U required to levy arf valorem taxes upon all taxable real property within the City for the payment of the principal of and interest
on the Notes without limitation as to rate or amount. The Notes are not a debt or obligation, legal, moral, or otherwise, of the
-i=>S .5
Td C'£ &
State of New Jersey, or any county, municipality or political subdivision thereof, other than the City.60
'•?
1= ^ ^ The Notes are offered when, as and if issued by the City and delivered to the purchasers, subject to the approval of§ -I ,§ legality by GluckWalrath LLP, Trenton, New Jersey, Bond Counsel, and other conditions described herein. NW FinancialS o i Group; LLC, Hoboken, New Jersey; has served as fmancial advisor in connection with the issuance of the Notes. It is expected.a ^ .s. that the Notes will be available for delivery on or about June 21, 2018. The Notes are to be delivered through the facilities ofEg g .j| DTC in Jersey City, New Jersey.0 .5 •'g
I -S ^ ELECTRONIC AND FAXED PROPOSALS WILL BE RECEIVED FOR THE NOTES ON JUNE 7, 2018 UNTILI g I 11:00 AM FOR THE TAX-EXEMPT NOTES AND UNTIL 11^30 AM FOR THE TAXABLE NOTES. FOR MORE£ 1^ INFORMATION ON HOW TO BID, PLEASE REFER TO THE ENCLOSED NOTICES OF SALE.a '0 si
CITY OF JERSEY CRY,THE COUNTY OF HUDSON, STATE OF NEW JERSEY
MAYOR
Steven IVL Fulop
CITY COUNCIL
Rolando R. Lavarro Council F-esident
Daniel Rivera Counci " .--i-at-Larse
Joyce Waterman Comici?^ :lman-at-Large
Denise Ridley Ward A CcuncilwomanMira Prinz-Avery Ward B Councilwoman
Richard Boggiano Ward C councilmanMichael Yun Ward D CouncilmanJames Solomon Ward E Councilman
Jermaine Robinson Ward F Councilwoman
CITY OFFICIALS
Brian Platt, Business Admiiustrator
Mark Albiez, Mayor's Chief of StaffPeter J. Baker, Corporation Counsel
Marcos D. Vigil, Director of the Department of Housing, Economic Development and Commerce
Donna L. Mauer, Chief Financial Officer
Robert Byme, City Clerk
BOND COUNSEL
GluckWalrathLLPTrenton, New Jersey
MUNICIPAI. ADVISOR
NW Financial Group, LLCHoboken, New Jersey
INDEPENDENT AUDFTORS
Donohue, Gironda, Doria &.Tomkins., LLC
Bayonne, New Jersey
No broker, dealer, salesperson or other person has been authorized by tlie City or the
Underwriters to give any information or to make any representations with respect to.fhe Notes other thanthose contained in this Official Statemer'L and, if given or made, such other information orrepresentations must not be relied upon as ''^ •-< -ng been authorized by the City or the Underwriters. The
information contained herem has been obtained from the City, DTC and other sources which are believedto be reliable; however, such information is r^ guaranteed as to accuracy or completeness, and is not to
be construed as a representation or warrarr' of the City or the Underwriters. The information and
expressions of opinion herein are subject to change without notice and neither the delivery of this OfficialStatement nor any sale made hereunder shall, under any circumstances, create any implication fhat there
has been no change m any of the mformatior herein since the date hereof, or the date as of which such
information is given, if earlier.
References in this Official State^'e-r to laws, rules, regulations, ordinances, resolutions,
agreements, reports and documents do not purport to be comprehensive or definitive. All references to
such documents are qualified m their entire^ by reference to the particular document, the full text ofwhich may contain qualifications of and exceptions to statements made herein; and copies of which maybe mspected at the offices of the City during normal business hours. References to website addressespresented herein are for informational purposes only and may be in the form of a hyperlink solely for thereader's convenience. Unless specified otherwise; such websites and the information or links contamed
therein are not incorporated into, and are noi part of, this Official Statement.
The order and placement of materials in this Official Statement, including the Appendices, are notdeemed to be a determination of relevance, mareriality or importance;, and this Official Statement, includingthe Appendices, must be considered in its entirety.
In order to facilitate the distribution of the Notes, the Underwriters may engage in transactionsintended to stabilize the price of the Notes at a level above that which might otherwise prevail in the openmarket. Such stabilizing, if commenced, may be discontinued at any time. The prices at which the Notesare offered to the public by the Underwriters and the yields resulting therefrom may vary from the initialpublic offering prices or yields shown on the cover and the inside front cover page hereof. In. addition, theUnderwriters may allow concessions or discounts from such initial public offering prices or yields todealers and others.
This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy,nor shall there be any sale of the Notes m any jurisdiction in which it is unlawful for any person to makesuch an offer, solicitation or sale.
The Underwriters have reviewed the mformation in this Official Statement in accordance withand as part of its responsibilities to investors under the Federal securities laws as applied to the facts andcircumstances of this transaction, but the Underwriters do not guaranty the accuracy or completeness of
CERTAIN STATUTORY PROVISIONS FOR THE PROTECTION ^..^.^.^.^^.^6OF GENERAL OBLIGATION DEBT.............^......................^....................»»....-^.......—....»6
Local Bond Law (NJ.S.A. 40A:2-1 etseq.)......... ,.,..................„.«.......—.„.......„<.—.....»...... 6
The Local Fiscal Affairs Law (N.J.S.A. 40A:5-1 ei seq.) „.„..„„....„...„.....„......„„...„.„...„.„... 7
APPENDIX A - CERTAIN INFORMATION REGARDING THE CITY OF JERSEY CITYAPPENDDC B - INDEPENDENT AUDFTORS' REPORT AND AUDITED FINANCIALSTATEMENTS AND ACCOUNTA-\~TS; COMPILATION REPORT AND UNAUDITEDFINANCIAL STATEMENTSAPPENDDC C - FORM OF BOND COUNSEL OPINIONAPPENDIX D - FORM OF CONTE-^ ING DISCLOSURE CERTIFICATE
of theCITY OF JERSEY CFFY,
IN TH£ COUOTY OF HUDSON, STATE OF NEW JERSEY
$52,796,615 NOTES
Consisting of;$6,825,000 BOND ANTICIPATION NOTES, SERIES 2018B (FEDERALLY TAXABLE),
$45.031,115 BOND ANTICIPATION NOTES, SERIES 2018Cand
$940<500 SPECIAL EMERGENCY NOTES, SERIES 2018D
INTRODUCTION
The purpose of this Official Statement is to provide certain information regarding the financial andeconomic condition of the dry of Jersey City (the "City"), in the County of Hudson (the "County"), State ofNew Jersey (the "State" or "New Jersey") in connection with the sale and issuance by the City of its
$6,825,000 Bond Anticipation Notes, Series 2018B (Federally Taxable) (the "Taxable Notes" or the "Series2018B Notes"), the $45,031.115 Bond Anticipation Notes, Series 2018C (the "Bond Anticipation Notes" orthe "Series 2018C Notes") and the $940,500 Special Emergency Notes, Series 2018D (the "SpecialEmergency Notes" or the "Series 2018D Notes", and together with the Bond Anticipation Notes, the "Tax-Exempt Notes"). The Taxable Notes and the Tax-Exempt Notes are hereinafter collectively referred to as theNotes". This Official Statement (the "Official Statement"), which includes the cover page, the inside front
cover pages and the Appendices attached hereto, has been authorized by the Mayor and City Council to bedistributed in connection with the sale of the Notes and has been executed by and on behalf of the City by theBusiness Administrator and the Chief Financial Officer.
This Official Statement contams specific mformation relatmg to the Notes including their generaldescription, certain matters affecting the fmancmg., certain legal matters, historical financial infomiation andother information pertinent to the sale, issuance and delivery of the Notes. This Official Statement should beread in its entirety.
All financial and other information presented herein has been provided by the City from its records,except for mfonnation expressly attributed to other sources. The presentation of information is intended toshow recent historical information and, but only to the extent specifically provided herein, certain projectionsof the immediate future, and is not necessarily indicative of future or continuing trends in the financialposition or other affairs of the City.
This Official Statement is "deemed final", as of its date, within the meaning of Rule 15c2°12promulgated by the Securities and Exchange Commission (the "Rule").
DESCRIPTION OF THE NOTES,-
The Notes shall be dated the date of delivery and matire on June 21, 2019. Interest on the Noteswill be computed on the basis of a 360-day year of twelve 30-day months. Principal of and interest on theNotes will be paid when due and at maturity at the office of the Chief Financial Officer of the City (unless aPaying Agent is appointed by the City). So long as DTC or its nominee is the registered owner oftbe Notes,payments of the principal of and mterest on the Notes are to be made directly to Cede & Co., as nominee forDTC; disbursements of such payments to the DTC Participants is the responsibility of DTC, anddisbursements of such payments to the beneficial owners of the Notes is the responsibility of the DTCParticipants. The Notes will be issued in fully registered form in the denomination of $5,000 or more, and,
under certain circumstances, are exchangeable for one or more fully registered Notes of like principal
amount, series and maturity in the denomination of $5,000 or more.
Book-Entry Only System
The description which follows of Lh.c procedures and recordkeepmg with respect to beneficialownership interest in the Notes of each series payment of principal and interest and other payments on theNotes to Direct and Indirect Participants (defiscd below) or Beneficial Owners (defined below), confirmationand tt-ansfer of beneficial ownership interests In the Notes and other related b-ansactions by and between
DTC, Direct and Indirect Participants and Beneficial Owners, is based on certain information furnished byDTC to the City. Accordingly, the City dc"ss not make any representations as to the completeness oraccuracy of such information.
DTC will act as securities depositor\ for the Notes. The Notes will be issued as fully-registerednotes registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be
requested by an authorized representative of DTC. Fully-registered Note certificates will be issued m theaggregate principal amounts of the Notes of each series and maturity, and will be deposited with DTC
DTC, the world's largest securities depository, is a limited-purpose t'ust company organized under
the New York Banking Law, a bankmg organization" within the meaning of the New York Banking Law, amember of the Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of
the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues ofU.S. and non-U.S. equity issues; corporate and municipal debt issues:, and money market mstnunents (from
over 100 countries) that DTC's participants ("Du-ect Participants") deposit with DTC. DTC also facilitatesthe post-trade settlement among Direct Participants of sales and other securities transactions in depositedsecurities, through electronic computerized book-entiy transfers and pledges between Du-ect Participants'
accounts. This eliminates the need for physical movement of securities certificates. Du-ect Participants
include both U,S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations,
and certam other organizations. DTC is a wholly-owned subsidiary of The Depositor)/ Trust & ClearingCorporation ("DTCC"), DTCC is the holding company for DTC, National Securities Clearing Corporationand Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned bythe users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S.and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear
through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("IndirectParticipants"). DTC has a Standard & Poor's rating ofAA+. The DTC Rules applicable to its Participantsare on file with the Securities and Exchange Commission. More information about DTC can be found atwww.dtee.com.
Purchases of the Notes under the DTC system must be made by or through Direct Participants, whichwill receive a credit for the Notes on DTC's records. The ownership interest of each actual purchaser of eachNote ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records.Beneficial Owners will not receive written confirmation from DTC ofthek purchase. Beneficial Ovmers are,however, expected to receive written confirmations providing details of the t-ansaction, as well as periodic
statements of their holdings, from the Direct or Indu-ect Participant through which the Beneficial Ownerentered into the transaction. Transfers of ownership interests in the Notes are to be accomplished by entries
made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. BeneficialOwners will not receive certificates representing their ownership interests in the Notes, except in the event
that use of the book-entry system for the Notes is discontinued.
To facilitate subsequent transfers, all Notes deposited by Direct Participants with DTC are registeredin the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an
authorized representative ofDTC. The deposit of Notes with DTC and their registration in the name of Cede
& Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge ofthe actual Beneficial Owners of the Notes; DTC's records reflect only the identity of the Direct Participantsto whose accounts such Notes are credited, which may or may not be the Beneficial Owners. The Direct and
Indirect Participants will ren-i,am responsible for keeping account of fheir holdings on behalf of theircustomers.
Conveyance of notices and other communications by DTC to Direct Participants, by DirectParticipants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Ownerswill be governed by arrangements among them., subject to any statutory or regulatory requirements as may be
in effect from time to time.
Neither DTC nor Cede & Co. (Dor such other DTC nominee) will consent or vote with respect to theNotes unless authorized by ^ Direct Participant in accordance with DTC's MMI Procedures. Under its usualprocedures, DTC mails an Omnibus Proxy (the "Omnibus Proxy") to the City as soon as possible after therecord date. The Omnibus Proxy assigns Cede & Co/s consenting or voting rights to those DirectParticipants to whose accounts the Notes are credited on the record date (identified in a listmg attached to theOmnibus Proxy).
Redemption proceeds and principal and interest payments on the Notes will be made to Cede & Co.,or such other nominee as may be requested by an authorized representative ofDTC. DTC's practice is to
credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from
the City or Paying Agent, on payable date in accordance with their respective holdings shown on DTC'srecords. Payments by Participants to Beneficial Owners will be governed by standing instructions andcustomary practices, as is the case with securities held for the accounts of customers m bearer form or
registered in "street name," and will be the responsibility of such Participant and not ofDTC nor its nominee,the Paying Agent or the City; subject to any statutory or regulatory requirements as may be m effect fromtime to time. Payment of redemption proceeds; distributions, and dividend payments to Cede & Co. (or suchother nominee as may be requested by an authorized representative of DTC) is the responsibility of the Cityor the Paying Agent, disbursement of such payments to Direct Participants will be the responsibility of DTCsand disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and IndirectParticipants.
DTC may discontinue providing its services as depository with respect to the Notes at any time bygiving reasonable notice to the City or the Paying Agent. Under such circumstances, in the event that asuccessor depository is not obtained, Note certificates are required to be prmted and delivered.
The City may decide to discontinue use of the system of book-entry transfers through DTC (or asuccessor securities depository). In that event Note certificates will be printed and delivered.
The information in this section conceraing DTC and DTC's book-entry system has been obtainedfrom sources that the City believes to be reliable, but the City takes no responsibility for the accuracythereof.
NEITHER THE CITY NOR THE PAYING AGENT WILL HAVE ANY RESPONSIBILITY OROBLIGATION TO SUCH DTC PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT ASNOMINEES WITH RESPECT TO THE PAYMENTS TO OR PROVIDmG OF NOTICE FOR THE DTCPARTICIPANTS, THE INDIRECT PARTICIPANTS, OR BENEFICIAL OWNERS.
SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE NOTES, AS NOMINEEOF DTC, REFERENCES HEREIN TO THE NOTEHOLDER.S OR REGISTERED OWNERS OF THENOTES (OTHER THAN UNDER THE CAPTION "TAX MATTERS") SHALL MEAN CEDE & CO.AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE NOTES.
Discontinuation ofBook-Entry Only System
If the City, in its sole discretion; determines that DTC is not capable of discharging its duties, or ifDTC discontinues providing its v-emces with respect to the Notes at any time, the City will attempt to locateanother qualified Securities Depository. If the City fails to fmd such Securities Depository, or if the Citydetermmes, m its sole discretion. that it is in the best interest of the City or that the interest of the BeneficialOwners might be adversely affected if the book-entry only system of transfer is continued (the Cityundertakes no obligation to make an investigation to determine the occurrence of any events that would
permit it to make such determmation), the City shall notify DTC of the termination of the book-entry onlysystem.
AUTHORIZATION OF THE NOTES
The Series 2018B Noie- and the Series 2018C Notes have been authorized and are to be issuedpursuant to the Local Bond Lan- and a bond ordinance of the City numbered 10-085 and adopted by theMunicipal Council of the City on July 14, 2010 as amended by ordinance numbered 15.125 and adopted by theMunicipal Council on October 14. 2015 (collectively, "Ordinance 10-085") and a bond ordinance numbered 18-
038 and adopted by the Municipal Council of the City on May 9, 2018 ("Ordinance 1S-038", and together withOrdinance 10-085, the "Bond Ordinances").
The Series 2018D Notes have been authorized and are to be issued pursuant to the Local BudgetLaw, Chapter 169 of the Laws of 1960 of the State of New Jersey, effective January 1, 1962, and the actsamendatory thereof and supplemental thereto (the "Local Budget Law"), specifically N.J.S.A. 40A:4-53, andan ordinance of the City numbered 18-028 and adopted by the Municipal Council of the City on April 25,2018 ("Ordinance 18-028"); and a resolution of the City adopted by the Municipal Council of the City onMay 9, 2018. Pursuant to the Local Budget Law, the special emergency notes may be renewed from time to
time, provided that at least 1/5 of all such special emergency notes, and the renewals thereof; matire and arepaid in each year so that all the special emergency notes and renewals are paid no later than the last day ofthe fifth year following the date of the resolution authorizing such special emergency notes.
The Bond Ordinances have been published In full after final adoption along with the statement that thetwenty (20) day period of limitation, withm which a suit:, action or proceeding questioning the validity of theBond Ordinances could be commenced, began to run from the date of the first publication of such statement.The Local Bond Law provides, that after issuance, all obligations shall be conclusively presumed to be follyauthorized and issued by all laws of the State, and all persons shall be estopped from questioning their sale;execution or delivery by the City.
PITRPOSE OF THE NOTES AND APPLICATION OF PROCEEDS
The City will apply the proceeds from the sale of the Series 2018B Notes to (i) pay a portion of thematuring principal of the City's $6,955,000 Bond Anticipation Notes, Series 2017B (Federally Taxable) (the"Series 2017 Notes") which were issued on June 22, 2017 and are payable on June 22, 2018; and (ii) pay aportion of the costs of issuing the Series 2018B Notes. Such Series 2017 Notes were issued to refinancecertain capital improvements and pay a portion of the costs of issuing the Series 2017 Notes. Theremainmg$130,000 of maturing principal of the Series 2017 Notes will be paid from budgeted appropriations.
The City will apply the proceeds from the sale offhe Series 2018C Notes to (i) finance certaincapital improvements as described in Ordinance 18-038; and (ii) pay a portion of the costs of issumg theSeries 2018C Notes.
The City will apply the proceeds from the sale of the Series 2018D Notes to (i) finance the cost ofthe preparation of the City's master plan as described in Ordinance 18-028; and (ii) pay a portion of the costsof issuing the Series 2018D Notes.
SECURITY AND SOURCE OF PAYMENT
The Notes constitute general obligations of the City and the full faith and credit and unlimited taxingpower of the City are pledged 10 the pavment of principal of, and interest on the Notes. The City isauthorized and required by lav> to levy ad valorem taxes on all real property taxable by the City for thepayment of the principal of and the interest on the Notes without limitation as to rate or amount. Payment ofsuch principal and interest is not limited, however, to any particular fund or source of revenue of the City.The City is required to include m its annual municipal budget the total amount of interest and principalcharges on all of its general obligation indebtedness for the current year.
The Notes are not a debt or obligation, legal, moral or otherwise, of the State of New Jersey, or any
county, municipality or political subdivision thereof, other than the City.
The Notes we not entitled to the benefits of the Municipal Qualified Bond Acty Title 40A of the NewJersey Statutes., Section 40A:3-1, ef seq.y as amended the School Qualified Bond Acty Title ISA of the NewJersey Statutes, Section 18A:24-85 et seq.y as amended, or the New Jersey School Bond Reserve Act^ P.L. 1980
(N.J.S.A. 18A:56~17 et seq.).
The City has never defaulted in the payment ofprmcipal of, redemption premium, ifany, and intereston any bonds or notes or other obligations of the City, nor are any payments of principal of or interest on the
City's indebtedness past due.
Other than the Notes, the City expects to issue approximately $7,700,000 in special emergency notesand $6,354,800 in bond anticipation notes in December 2018 to refund certain maturing special emergencyand bond anticipation notes.
The Jersey City Redevelopment Agency (the "JCKA") intends to issue approxmiately $10,000,000 mrevenue bonds at the end of May 2018 to finance certain costs relating to a redevelopment project. Suchrevenue bonds will be secured primarily by certain subsidy payments to be made by the City to the JCRA inamounts equal to the debt service on such bonds.
CITY OF JERSEY CITY
The City is New Jersey's second largest municipality with a population of 247,597 according to theUnited States Department of Commerce's 2010 Census. The City is located on the west side of the HudsonRiver, du°ectly across from lower Manhattan in New York City, and is part of the major business and
industrial concentration spanning the New York - Northern New Jersey metropolitan area.
The City's land area is 15.8 square miles, including a five mile long stretch of Hudson Riverwaterfront that has experienced considerable high rise office tower, residential and multi-family developmentover the past ten years. The City is connected to New York City by the Holland Tunnel and the PATHrailroad tubes and is within ten miles of Newark International Airport and the container and cargo facilitiesof Port Newark-Elizabeth. The City is located in the County of Hudson. The City's size and currentdevelopment activity cause it to dominate the economy of Hudson County (the Jersey City Labor Area). TheCity also serves as the seat of the County government. Of the approximately 275,000 persons employed inthe County., approximately 43% are employed in Jersey City. For additional mformation regarding the Cityand its finances, see "APPENDIX A - Certain Information Regarding the City of Jersey City".
RECENT FINANCIAL RESULTS AND FINANCIAL OUTLOOK
Financial Ch erview
Appendix A contains information relative to the financial operations of the City. Over the last fewyears, the Cir\ 's financial position has improved due to structurally balanced operations and strong prospects
for continued tax base growth. The City has benefited from successful efforts to raise additional recurringrevenues while reducing personnel related expenditures.
The calendar year that ended December 31, 2017 resulted in an excess of $36,484,676 in operationsand the City's unaudited fund balance was $56,513,538. The calendar year that ended December 31, 2016resulted m an excess of $43,960,220 in operations and the City's audited fund balance was $78,920,179. Thecalendar year that ended December 31, 2015 resulted m an excess of $20,295,394 in operations and the City'saudited fund balance was $50,705,610. The calendar year that ended December 31, 2014 resulted in anexcess of $33.812,449 in operations and the City's audited fund balance was $56J32,966.
The City restructured its debt on March 30, 2006, providing Fiscal Year 2006 debt service relief of$18 million and another approximately $69 million in. Fiscal Years 2007-2011 combined, and was intendedto produce approximately level debt service through Fiscal Year 2022.
Financial Results
2018 Budget The City's budget for the 2018 Calendar year was introduced on March 14, 2018.The Municipal Tax Levy increased to $231,790,000. The City's 2018 budget anticipated $66,368,772 inState Aid.
2017 Budget. The City's budget for the 2017 Calendar year was introduced on March 22, 2017 andadopted on July 10, 2017. The Municipal Tax levy increased to $228,298,260. The City's 2017 budgetrealized $67,050,310 'in State Aid.
2016 Budget. The City's budget for the 2016 Calendar year was introduced on February 24, 2016and adopted on July 20, 2016. The Municipal Tax levy increased to $226,747,422, The City's 2016 budgetrealized $69,465,660 m State Aid.
2015 Results. The City's budget for the 2015 Calendar year was introduced on March 11, 2015 andadopted on July 28, 2015. The Municipal Tax levy increased to $219,785,389. The City's 2015 budgetrealized $68,430,369 in State Aid.
2014 Results. The City's budget for the 2014 Calendar year was mtroduced on March 12, 2014 andadopted on September 23, 2014. The Municipal Tax levy decreased to $217,414,170. The City's 2014budget realized $68,569,897 in State Aid.
CERTAIN STATUTORY PROVISIONS FOR THE PROTECTIONOF GENERAL OBLIGATION DEBT
Local Bond Law (NJ.SA. 40A:2-1 et se^,)
The Local Bond Law governs the issuance of bonds and notes to finance certain municipal capitalexpenditures. Among its provisions are requirements that bonds must mature within the statutory period ofusefulness of the projects bonded and that bonds be retired m serial or sinking fund installments. A fivepercent (5%) cash down payment is generally required to be appropriated for the financing of expendituresfor municipal purposes for which bonds are authorized.
The Local Fiscal Affairs Law (NJ.SA, 40As5-l gtseci.)
This law regulates the non-budgetary financial activities of local governments. An annual,independent audit of the local unit's accounts for the previous year must be performed by a licensedRegistered Municipal Accountant The audit, conforming to the Division of Local Government Services'"Requirements of Audit/' includes recommendations for improvement of the local unit's financial procedures
and must be filed with the Director (as defmed herein) within six (6) months after the close of the fiscal year,A synopsis of the audit repon, together with all recommendations made, must be published in a localnewspaper within thirty (30) days of its completion.
The chief financial officer of every local unit must file annually with the Director a verifiedstatement of financial condition of the local unit and all constituent boards; agencies and commissions.
The annual audit repon is filed with the City Clerk and is available for review during business hours.
Debt Limits (NJ.SA. 40A:2-6)
The authorized bonded indebtedness of a municipality in the State is limited by statute, subject to theexceptions noted below; to an amount equal to 3.50% of its equalized valuation basis. The equalized
valuation basis of a municipality is set by statute as the average for the last three years of the equalized valueof all taxable real property and improvements and certain class H railroad property within its boundaries as
annually determined by the State Board of Taxation.
Certain categories of debt are permitted by statute to be deducted for purposes of computing thestatutory debt limit.
On December 31, 2017, the City's percentage of statutory net debt was 1.655% and was comprised ofthe following:
Gross Debt Deductions Net Debt
Municipal Purposes $627,913,930 $210,106,522 $417,807,408
School Purposes $22,417,258 $22,417,258 $0
Exceptions to Debt Limits - Extensions of Credit (N.J.S.A» 40A:2"7)
The debt Imdt of the City may be exceeded with the approval of the Local Finance Board, a Stateregulatory agency. If all or any part of a proposed debt aufhorization would exceed its debt limit, the Citymust apply to the Local Finance Board for an extension of credit. If the Local Finance Board determines thata proposed debt authorization would not materially impair the ability of the City to meet its obligations or toprovide essential services, or makes other statutory determinations; approval may be granted. In addition to
the aforesaid, debt in excess of the debt limit may be issued without the approval of the Local Finance Boardto fund certain bonds for self-liquidating purposes and, in each fiscal year, in an amount not exceeding two"
thirds of the amount budgeted in such fiscal year for the retirement of outstanding obligations (exclusive ofobligations issued for utility or assessment purposes).
Short-Term Financing
The City may issue short term "bond anticipation notes" to temporarily finance a capitalimprovement or project in anticipation of the issuance of bonds if the bond ordmance or a subsequentresolution so provides. Bond anticipation notes, which are general obligations of the City, may be issued fora period not exceeding one (1) year. Generally, bond anticipation notes may not be outstanding for longerthan ten (10) years. An additional period may be available following the tenth anniversary date equal to the
period from the notes' maturity to the end of the tenth fiscal year in which the notes mature plus four (4)months in the next following fiscal year from the date of original issuance. Beginning in the third year, theamount of outstandmg notes that may be renewed is decreased by the mmimum amount required for the firstyear's principal payment of bonds in anticipation of which such notes are issued.
MUNICIPAL BUDGET
Pursuant to the Local Budget Law, NJ.SA. 40A:4-1 et seg., as amended and supplemented (the
"Local Budget Law"), the City is required to have a balanced budget in which debt service is included in full
The Local Budget Law (N.J.S.A. 40A:4-1 et seq.)
The foundation of the New Jersey local fmance system is the annual cash basis budget. The Citymust adopt an operating budget in the form required by the Division of Local Government Services,Department of Community Affairs, State of New Jersey (the "Division"). Items of revenue and appropriation.
are regulated by law and must be certified by the Director prior to final adoption of the budget. The LocalBudget Law requires each local unit to appropriate sufficient funds for payment of current debt service andthe Director of the Division (the "Director") is requu'ed to review the adequacy of such appropriations,among others, for certification.
The Director has no authority over individual operating appropriations, unless a specific amount isrequired by law, but the review functions focusing on anticipated revenues serve to protect the solvency of
all local units. Local budgets, by law and regulation, must be in balance on a "cash basis". No budget or
amendment thereof shall be adopted unless the Director shall have previously certified his approval thereof(NJ.S.A.40A:4-10).
The principal sources of City revenues are real estate taxes. State Aid, Federal Aid and miscellaneousrevenues.
In any year, the municipality may authorize, by resolution, the issuance of tax anticipation noteswhich may be issued in anticipation of the collection of taxes for such year. Tax anticipation notes arelimited in amount by law and must be paid off in full by a municipality within one hundred twenty (120)days after the close of the fiscal year.
Real Estate Taxes
The general principle that revenue cannot be anticipated in a budget in excess of that realized in thepreceding year applies to property taxes. NJ.S.A. 40A:4-29 delmeates anticipation of delinquent taxcollections: "The maximum which may be anticipated is the sum produced by the multiplication of theamount of delinquent taxes unpaid and owing to the local unit on the first day of the current fiscal year by thepercentage of collection of delinquent taxes for the year immediately preceding the current fiscal year. "
Section 41 of the Local Budget Law provides with regard to current taxes that: "Receipts from thecollection of taxes levied or to be levied in the municipality, or in the case of a county for general count}''purposes and payable in the fiscal year, shall be anticipated in an amount which is not in excess of thepercentage of taxes levied and payable during the next preceding fiscal year which was received in casli bythe last day of such preceding fiscal year,"
The provision requires that an additional amount (the "reserve for uncollected taxes") be added to thetax levy required to balance the budget so that when the percentage of the prior year's tax collection isapplied to the combined total, the product will at least be equal to the tax levy required to balance the budgetThe reserve requirement is calculated as follows:
Cash Required from Taxes to Support Local Municipal By_dget_and Other Taxes . Amount to be
Prior Year's Percentage of Current Tax Collection (or Lesser °/o) Raised by Taxation
Miscellaneous Revenues
Section 26 of the Local Budget Law provides: "no miscellaneous revenues from any source shall beincluded as an anticipated revenue in the budget in an amount in excess of the amount actually realized incash from the same source during the preceding fiscal year, unless the Director shall determine uponapplication by the governing body that the facts clearly warrant the expectation that such excess amount willactually be realized in cash during the fiscal year and shall certify such determination; in writmg, to the localunit." No budget or amendment thereof shall be adopted unless the Director shall have previously certifiedhis approval thereof (N.J.S.A. 40A:4-10). The exception to this is the inclusion of categorical grants-in-aid
contracts for their face amount with an offsettmg appropriation. The fiscal years for such grants rarely
coincide with the municipality's calendar fiscal year.
Limitations on Expeuditures ("Cap Law") and Property Tax Levy Cap
NJ.S.A. 40A:4-45.3 places limits on municipal tax levies and expenditures. This law is commonlyknown as the "Cap Law" (the "Cap Law"). The Cap Law was amended and became effective on July 7,2004. The Cap Law provides that the City shall Imiit any increase in its budget to 2.5% or the Cost-Of-Living Adjustment; whichever is less, of the previous year's fmal appropriations, subject to certainexceptions. The Cost-Of-Living Adjustment is defined as the rate of annual percentage increase, rounded to
nearest half percent, m the Implicit Price Deflator for State and Local Government Purchases of Goods andServices produced by the United States Department of Commerce for the year preceding the current year asannounced by the Director. However, in each year in which the Cost-Of-Living Adjustment is equal to orless than 2.5%, fbe City may, by ordinance approved by a majority vote of the full membership of thegoverning body; provide that the final appropriations of the City for such year be increased by a percentagerate that is greater than the Cost-Of-Livmg Adjustment, but not more than 3.5% over the previous year's
final appropriations. See N.J.S.A. 40A:4-45.14. In addition, NJ.SA. 40A:4-45.15b restored "CAP"
banking to the Local Budget Law. Municipalities are permitted to appropriate available "CAP Bank" ineither of the next two (2) succeeding years' final appropriations. Along with the permitted increases for totalgeneral appropriations there are certain items that are allowed to mcrease outside the "CAP".
Additionally, P.L. 2010, c.44, effective July 13, 2010, unposes a two percent (2%) cap on the taxlevy of a municipality, county, fire district or solid waste collection district, with certain exceptions andsubject to a number of adjustments. The exclusions from the limit include increases required to be raised forcapital expenditures, including debt semce, increases m pension contributions in excess of two percent (2%),certain increases in health care costs in excess of two percent (2%), and extraordinary costs incurred by a
local unit directly related to a declared emergency. The governing body of a local unit may request approval,through a public question submitted to the legal voters residing in Its territory, to increase the amount to beraised by taxation, and voters may approve increases above two percent (2%) not otherwise permitted under
the law by an affirmative vote in excess of fifty percent (50%).
The Division has advised that counties and municipalities must comply with both the budget CapLaw and the tax levy limitation. Neither the tax levy limitation nor the Cap Law, however, limits theobligation of the City to levy advalorem taxes upon all taxable property within the boundaries of the City topay debt service on bonds and notes.
Deferral of Current Expenses
Supplemental appropriations made after the adoption of the budget and determmation of the tax ratemay be authorized by the governing body of a local unit, mcluding the City, but only to meet unforeseencu-cumstances, to protect or promote public health, safety, morals or welfare, or to provide temporary housing
or public assistance prior to the next succeeding fiscal year. However, with certain exceptions described below,
such appropriations must be included in full as a deferred charge m the following year's budget. Anyemergency appropriation must be declared by resolution according to the definition provided m NJ.SA.40A;4-48, and approved by at least two-thirds of the full membership of the governing body and shall be filedwith the Director. If such emergency appropriations exceed three percent (3%) of the adopted operatingbudget, consent of the Director is required. NJ.S.A. 40A:4-49.
The exceptions are certain enumerated quasi-capital projects ("special emergencies") such as (i) therepair and reconstruction of streets, roads or bridges damaged by snow, ice, frost, or floods, which may be
amortized over three (3) years, and (ii) the repair and reconstruction of streets, roads, bridges or other publicproperty damaged by flood or hurricane; where such expense was unforeseen at the time of budget adoption,
the repah* and reconstinction of private property damaged by flood or hurricane, tax map preparation,reevaluation programs, revision and codification of ordinances, master plan preparations, drainage map
preparation for flood control purposes, stidies and planning associated with the construction and installation ofsanitary sewers, authorized expenses of a consolidated commission, contractually required severance liabilities
resultmg from the layoff or retirement of employees and the preparation of sanitary and storm system maps, all
of which projects set forth m this section (ii) may be amortlzed over five (5) years. NJ.SA. 40A:4-53, °54, °55, °55.1. Emergency appropriations for capital projects may be fmanced through the adoption of a bondordinance and amortized over the useful life of the project as described above.
Budget Transfers
Budget transfers provide a degree of flexibility and afford a control mechanism. Pursuant to
NJ.SA. 40A:4-58s transfers between major appropriation accounts are prohibited until the last two (2)months of the municipality's fiscal year. Appropriation reserves may be transferred during the first three (3)months of the current fiscal year to the previous fiscal year's budget. NJ.S.A. 40A:4-59. Both types of
transfers require a two-thirds vote of the full membership of the governing body. Although sub-accountswithin an appropriation are not subject to the same year-end transfer restriction, they are subject to internal
review and approval. Generally, transfers cannot be made from the down payment account, the capital
improvement fund, contingent expenses or from other sources as provided m the statute.
Fiscal Year
In 2010, the City changed its fiscal year from a June 30th year end to aDecember31styearend. TheCity adopted a transition year budget for the period July 1, 2010 through December 31, 2010 and introduceda fall calendar year budget for the period commencing January 1, 2011 and in each calendar year thereafter.
Budget Process
Primary responsibility for the City's budget process lies with. the City Council. As prescribed by theLocal Budget Law, adoption should occur by the end of March; however, extensions may be granted by the
Division to any local governmental unit. In the first quarter in which the budget formulation is taking place,the City operates under a temporary budget which may not exceed 26.25% of fhe previous fiscal year'sadopted budget. In addition to the temporary budget, the City may approve emergency temporaryappropriations for any purpose for which appropriations may lawfully be made.
TAX INFORMATION ON THE CITY
Property valuations (assessments) are determined on true values as arrived at by the cost approach,
market data approach and capitalization of net income (where applicable). Current assessments are the result
ofmamtaimng new assessments on a "like" basis with established comparable properties for newly assessed
or purchased properties resulting in a decline of the assessment ratio to true value to its present level. Thismethod assures equitable treabnent to like property owners. Because of the escalation of property resale
values, annual adjustments could not keep pace with the rising values.
10 -
Upon the filing of certified adopted budgets by the City, the school district and the County, the taxrate is struck by the County Board of Taxation based on the certified amounts in each of the taxing districtsfor collection to fund the budgets. The statutory provisions for the assessment of property, levying of taxesand the collection thereof are set forth in N.J.SA. 54:4-1 et seq. Special taxing districts are permitted inNew Jersey for various special services rendered to the properties located within the special district.
For calendar year municipalities, tax bills are generally sent In June of the current fiscal year. Taxesare payable in four quarterly installments on February 1, May 1, August 1 and November 1. The August andNovember tax bills are determined as the fall tax levied for municipal, school district or county purposes forthe current municipal fiscal year, less the amount charged as the February and May installments for
municipal, school district or county purposes in the current fiscal year. The amounts due for the February
and May installments are determined as by the municipal governing body as either one-quarter or one-half ofthe fall tax levied for municipal, school district or county purposes for the precedmg fiscal year.
Tax instalknents not paid on or before the due date are subject to interest penalties of eight percent(8%) on the first $1,500 of the delinquency and, then eighteen percent (18%) per. annum on any amount inexcess of $1,500. A penalty of up to six percent (6%) of the delmquency m excess of $10,000 may beimposed on a taxpayer who fails to pay that delinquency prior to the end of the tax year in which the taxesbecome delinquent. Delinquent taxes open for one year or more are annually included in a tax sale m
accordance with State Statites. Tax title liens are periodically assigned to the Corporation Counsel (asdefined herein) for m rem foreclosures in. order to acquire title to these properties.
The provisions of Chapter 99 of the Laws of New Jersey of 1997 allow a municipality to sell its totalproperty tax: levy to the highest bidder either by public sale with sealed bids or by public auction. Thepurchaser shall pay the total property tax levy bid amount in quarterly installments or in one annualinstallment. Property taxes will continue to be collected by the municipal tax collector and the purchaser willreceive as a credit against his payment obligation the amount of taxes paid to the tax collector. Thepurchaser is required to secure his payment obligation to the municipality by an irrevocable letter of credit orsurety bond. The purchaser is entitled to receive, all delinquent taxes and other municipal charges owing,
due and payable upon collection by the tax collector. The statute sets forth bidding procedures, mmimurnbidding terms and requires fhe review and approval of the sale by the Division.
Tax Appeals
New Jersey Statutes provide a taxpayer with remedial procedures for appealing an assessed valuationthat the taxpayer deems excessive. The taxpayer has a right to file a petition on or before the 1st day of April(1st day of May in a revaluation year) of the ciurent tax year for its review. The County Board of Taxationand the Tax Court of New Jersey have the authority after a hearing to increase, decrease or reject the appeal
petition. Adjustments by the County Board of Taxation are usually concluded within the current tax year andreductions are shown as cancelled or remitted taxes for that year. Iftlie taxpayer believes the decision of the
County Board of Taxation to be incorrect, appeal of the decision may be made to the Tax Court of NewJersey. State tax court appeals tend to take several years to conclude by settlement or trial and any losses in
tax collection from prior years, after an unsuccessful trial or by settlement, are charged directly to operations.
DEBT INFORMATION ON THE CITY
Debt Statements
The City must report all new authorizations of debt or changes in previously authorized debt to theDivision. The Supplemental Debt Statement, as this report is known, must be submitted to the Divisionbefore final passage of any debt authorization. Before January 31 of each year; the City must file an AnnualDebt Statement with the Division. This report is made under oath and states the authorized, issued and
11
unissued debt of the City as of the previous December 31. Through the Annual and Supplemental DebtStatements, the Division monitors all local borrowing.
Tax-Exempt Notes
The Internal Revenue Code of 1986, as amended (the "Code") imposes certain requirements thatmust be met at and subsequent to the issuance and delivery of the Tax-Exempt Notes for interest thereon to
be and remain excluded from gross income of the owners thereof for federal income tax purposes.
Noncompliance with such requirements could cause the interest on the Tax-Exempt Notes to be included in
gross income for federal income tax purposes retroactive to the date of issuance of the Tax-Exempt Notes.
The City has covenanted to comply with the provisions of the Code applicable to the Tax-Exempt Notes, andhas covenanted not to take any action or permit any action that would cause the interest on the Tax-Exempt
Notes to be included m gross income under Section 103 of the Code or cause interest on the Tax-Exempt
Notes to be treated as an item of tax preference for purposes of the alternative minimum tax imposed by the
Code on individuals. GluckWalrath LLP, Trenton, New Jersey ("Bond Counsel") will not independentlyverify the accuracy of those certifications and representations,
Assuming the City observes its covenants with respect to compliance with the Code; Bond Counselis of the opmion that, under existing statutes and court decisions existing on the date of original delivery ofthe Tax-Exempt Notes, mterest on the Tax-Exempt Notes are excluded from gross income of the owners
thereof for federal income tax purposes under Section 103 of the Code. Bond Counsel is further of theopinion that interest on the Tax-Exempt Notes are not treated as a preference item for purposes of the
alternative minmium tax imposed by the Code on mdividuals or corpprations but that for taxable years thatbegan on or before December 31, 2017, mterest on the Tax-Exempt Notes will be included in "adjustedcurrent earnings" m computing alternative minimum taxable income for purposes of the alternative minimum
tax imposed by the Code on certam corporations. The corporate alternative minimum tax has been repealed
for taxable years beginning on or after January 1, 2018. See "Certain Federal Tax Considerations" below.
Section 265 QuaUfication. The Code denies the interest deduction for mdebtedness incurred bybanks, thrift institutions and other financial institutions to purchase or to carry tax-exempt obligations. Thedenial to such institutions of one hundred percent (100%) of the deduction for interest paid on fundsallocable to tax-exempt obligations applies to those tax-exempt obligations acquired by such institutions afterAugust 7,1986. For certain issues, which must be so designated by the issuer as qualified under Section 265of the Code, eighty percent (80%) of such interest may be deducted as a business expense by suchinstitutions.
The City is not designating the Tax-Exempt Notes as qualified for an exemption from the denial ofdeduction for interest paid by financial institutions to purchase or to carry tax-exempt obligations underSection 265 of the Code.
Bond Counsel is not rendering any opinion on any federal tax matters other than those describedunder the caption "TAX MATTERS". Prospective investors, particularly those who may be subject tospecial rules described above, are advised to consult their own tax advisors regarding the federal taxconsequences of owning and disposing of the Tax-Exempt Notes., as well as any tax consequences arising
under the laws of any state or other taxing jurisdiction.
Certain. Federal_Tax Considerations. Ownership of the Tax-Exempt Notes may result in collateral
federal tax consequences to certain taxpayers, including, without lunitation, financial institutions, S
corporations with excess net passive income, property and casualty companies, individual recipients of social
security or railroad retirement benefits, individuals otherwise eligible for the earned income tax credit,foreign corporations that may be subject to the foreign branch profits tax, and taxpayers who may be deemed
to have incurred indebtedness to purchase or carry the Tax-Exempt Notes. Bond Counsel will express no
opinion with respect to these or any other collateral tax consequences of the ownership of the Tax-Exempt
Notes. The nature and extent of the tax benefit to a taxpayer of ownership of the Tax-Exempt Notes willgenerally depend upon the particular nature of such taxpayer or such taxpayer's own particularcircumstances, includmg other items of income or deduction. Accordingly, prospective purchasers of the
Tax-Exempt Notes should consult their own tax advisors with respect to these and other collateral federal tax
consequences resulting from ownership oftlie Tax-Exempt Notes.
Taxable Notes
The following is a general discussion of certain of the anticipated federal tax consequences of thepurchase, ownership and disposition of the Taxable Notes by the original purchasers of the Taxable Notes.Investors should consult their own tax advisors in determining the federal, state, local or other tax
consequences to them of purchase, ownership and disposition of the Taxable Notes. This discussion is based
upon the Code, regulations, rulings and decisions now in effect, all of which are subject to change at anytime, possibly with retroactive effect, and does not purport to deal with federal income tax consequences
the federal, state, local or other tax consequences to them of purchase, ownership and disposition of the
Taxable Notes.
As used herein, the term "U.S. Holder" means a beneficial owner of a bond that is for United States
federal income tax purposes (i) a citizen or resident of the United States, (ii) a corporation, partnership orother entity created or organized in or under the laws of the United States or any State or any politicalsubdivision thereof, (lii) an estate the income of which is subject to United States federal income taxationregardless of its source or (iv) a trust whose administration is subject to the primary jurisdiction of a courtwithin the United States and which has one or more United States fiduciaries who have the authority tocontrol all substantial decisions of the trust.
Interest Income. INTEREST ON THE TAXABLE NOTBS IS NOT EXCLUDED FROM GROSSINCOME FOR FEDERAL INCOME TAX PURPOSES. The City will report annually (or more frequently ifrequired) to owners of record and to the JRS in respect of interest paid on the Taxable Notes.
Backup Withholdins. Under the Code, payments on the Taxable Notes may under certaincircumstances, be subject to "backup withholding" at a rate equal to the fourth lowest rate of tax applicableunder Section l(c) of the Code. This withholding generally applies iffhe owner (i) fails to furnish suchowner's social security number or other taxpayer identification number ("TIN"), (ii) furnishes an incorrectTIN, (iii) fails to properly report interest, dividends or other "reportable payments" as defmed in the Code, or(iv) under certain circumstances, fails to provide such owner's securities broker with a certified statement,
signed under penalties of perjury, that the TItSf is correct and that such Noteholder Is not subject to backupwithholding. Owners of the Taxable Notes should consult their own tax advisors as to their qualification forexemption for backup withholding and the procedures for obtaining the exemption.
Disposition and Defeasance, Generally, upon the sale, exchange, redemption, or other disposition
(which would include a legal defeasance) of a Bond or a Taxable Note, a holder generally will recognizetaxable gain or loss in an amount equal to the difference between the amount realized (other than amounts
attributable to accrued interest not previously includable in mcome) and such holder's adjusted tax basis inthe Taxable Notes.
The City may cause the deposit of moneys or securities in escrow in such amount and manner as tocause the Taxable ISlotes to be deemed to be no longer outstanding under the Resolution (a "defeasance"). ForFederal income tax purposes, such defeasance could result in a deemed exchange under Section 1001 of the
13
Code and a recognition by such owner of taxable income or loss, without any corresponding receipt ofmoneys. In addition, the character and timing of receipt of payments on the Taxable Notes subsequent to any
such defeasance could also be affected.
ALL POTENTIAL PURCHASERS OF THE TAXABLE NOTES SHOULD CONSULTWITH THEIR TAX ADVISORS IN ORDER TO UNDERSTAND THE IMPLICATION OF THETAX CONSEQUENCES UNDER THE CODE.
State Taxation
Bond Counsel is of the opinion, based upon existing statutes and judicial decisions, that interest onthe Notes and net gains from the sale of the Notes is not included as gross income under the New JerseyGross Income Tax Act. Potential purchasers of the Notes should consult with their tax advisors.
Changes iu Law and Post-Issuance Events
Legislative or administrative actions and court decisions, at either the federal or state level, couldhave an adverse impact on the potential benefits of the exclusion from gross income of the interest on the
Notes for federal or state income tax purposes, and thus on the value or marketability of the Notes. This
unpact could result from changes to federal or state income tax rates, changes in the structure of federal or
state income taxes (including replacement with another type of tax), repeal of the exclusion of interest on the.Notes from gross income of the owners thereof for federal or state income tax purposes, or otherwise. It is
not possible to predict whether any legislative or administrative actions or court decisions having an adverseimpact on the federal or state income tax treatment of holders of the Notes may occur. Prospective
purchasers of the Notes should consult their own tax advisors regardmg such matters.
Bond Counsel has not undertaken to advise in the future whether any events after the date ofissuance and delivery of the Notes may affect the tax status of interest on the Notes. Bond Counsel expresses
no opinion as to any federal, state or local tax law consequences with respect to the Notes, or the interest
thereon, if any action is taken with respect to the Notes or the proceeds thereof upon the advice or approvalof other counsel.
THE FOREGOING IS NOT INTENDED AS AN EXHAUSTIVE RECITAL OF THEPOTENTIAL TAX CONSEQUENCES OF HOLDING THE NOTES» PROSPECTF^EPURCHASERS OF THE NOTES SHOULD CONSULT THELR TAX ADVISORS WITH RESPECTTO THE FEDERAL, STATE AND LOCAL TAX CONSEQUENCES OF OWNERSHIP OF THENOTES.
LITIGATION
To the knowledge of the City's Corporation Counsel, Brian Platt, Esq. (the "Corporation Counsel"),there is no litigation of any nature now pending or threatened, restraining or enjoining the issuance or thedelivery of the Notes, or the levy or the collection of taxes to pay the principal of or the interest on the Notes,or in any manner questioning the authority or the proceedings for the issuance of the Notes or for the levy orthe collection of taxes to pay the principal of or the interest on the Notes, or contesting the corporateexistence or the boundaries of the City or the title of any of the present officers. Moreover, to the knowledgeof the Corporation Counsel, except as set forth in Appendix A under the section entitled "Pending Litigation",no litigation is presently pending or tlrreatened that, in the opinion of the Corporation Counsel, would have amaterial adverse impact on the fmancial condition of the City if adversely decided. A certificate or opinion tosuch effect will be executed by the Corporation Counsel and delivered to the Underwriters at fhe closing.
On November 12, 2015, a lawsuit was filed against the City in New Jersey Superior Court, LawDivision, Hudson County seeking to invalidate bond. ordinance 15J25 by way of an action in lieu of
prerogative writs, on the grounds that said ordinance was adopted in violation of certain requirements of theAct. Bond ordmance 15.125 constitutes an amendment to bond ordinance 10-185 (which was adopted in2010); havmg the principal effect of expanding the purposes for which the proceeds of the authorized bondsor notes may be used. The Series 2018B Notes (as well as all predecessor note issues dating back to 2011)are authorized under bond ordinance 10-185, the validity of which is not being challenged in the above-referenced litigation. On May 5, 2016;, Judgment was entered in favor of the City on all counts. Theplamtiffs filed an appeal with the New Jersey Superior Court, Appellate Division on June 21, 2016 and oralargument was held on April 16, 2018. If the plaintiffs are ultimately successful on appeal, the permitted usesof the proceeds of the original notes could be limited to those listed in bond ordinance 10-185, but neither theissuance and delivery of the Series 2018B Notes, nor the levy or collection of taxes to pay the principal of orthe interest on the Series 2018B Notes, would be impaired.
All legal matters incident to the authorization, the issuance, the sale and the delivery of the Notes aresubject to the approval of GluckWalrath LLP, Trenton, New Jersey, Bond Counsel to the City, whose-approvmg legal opmion will be delivered with the Notes substantially in tlie form set forth in Appendix Chereto. Certain legal matters will be passed on for the City by its Corporation Counsel.
The undertakings of the City should be considered with reference to 11 U.S.C. § 101 et seq., asamended and supplemented (the "Bankruptcy Code"), and other bankruptcy laws affecting creditors9 rights andmunicipalities m general. The Bankruptcy Code permits the State or any political subdivision, public agency,or m.stmmentality that is insolvent or unable to meet its debts to commence a voluntary bankruptcy case by
filing a petition wifh a bankruptcy court for the purpose of effecting a plan to adjust its debts; directs such apetitioner to file with the court a list of petitioner s creditors; provides that a petition filed under this chaptershall operate as a stay of the commencement or contmuation of any judicial or other proceeding against the
petitioner; grants priority to certain debts owed; and provides that the plan must be accepted in writing by or onbehalf of creditors holding at least two-thirds in amount and more than one half in number of the allowedclaims of at least one (1) impaired class. The Bankruptcy Code specifically does not lunit or impau' the powerof a state to control by legislation or otherwise, the procedures that a municipality must follow in order to takeadvantage of the provisions of the BanJ<ruptoy Code.
The Bankruptcy Code provides that special revenue acquired by the debtor after the commencement ofthe case shall remain subject to any lien resultmg from any security agreement entered into by such debtorbefore tlie commencement of such bankruptcy case. However, special revenues acquired by the debtor after
commencement of the case shall continue to be available to pay debt service secured by those revenues.
Furthermore., the Bankruptcy Code provides that a transfer of property of a debtor to or for the benefit of anyholder of a bond or note, on account of such bond or note, may not be avoided pursuant to certain preferential
transfer provisions set forth in such code.
Reference should also be made to N.J.S.A. 52:27°40 et seq., which provides that a local unit, including
the City, has the power to file a petition in bankruptcy wrfc any United States court or court in bankruptcyunder the provisions of the Bankmptcy Code, for the purpose of effecting a plan of readjustment of its debts orfor the composition of its debts; provided, however, the approval of the Local Finance Board, as successor to
the Municipal Finance Commission., must be obtained.
The City has not authorized the filing of a bankruptcy petition. This reference to the BankruptcyCode or the State statute should not create any implication that the City expects to utilize the benefits oftheir provisions, or that if utilized, such action would be approved by the Local Finance Board, or that
in would include a dilution of the source of payment of and security for the Notes, or
that the Bankruptcy Code could not be amended after the date hereof.
The City has covenanted for the benefit of bondholders to provide certain financial information andoperating data on the City and to comply with the provisions of Rule 15c2-12 (the "Rule") promulgated by theSecurities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended andsupplemented, and as detailed m the Continuing Disclosure Certificate (the "Certificate") to be executed onbehalf of the City by its Chief Financial Officer; in the form appearing in Appendix D hereto, such Certificateto be delivered concurrently with the delivery of the Notes. These covenants are being made by the City toassist the purchasers of the Notes in complying with the Rule.
The City has previously failed to file, in a timely manner., its Annual Reports in accordance with theRule for the calendar years ended December 31, 2012 and 2013. Generally, the City had previously filed, ina timely manner, tfae required audited fmancial statements, but did not timely file all required operating datafor the periods referenced above. Additionally, the City had failed to file, in a timely manner, certainmaterial event notices relating to ratmg changes of the City, the Municipal Qualified Bond Act, the SchoolQualified Bond Act; the School Bond Reserve Act and various bond insurance companies. Such notices
were filed on November 13, 2014. Further, the City recently determined that it inadvertently failed tocomply with prior undertakings to provide its Annual Report for the calendar years ended December 31,2013 and December 31, 2014 with respect to bonds issued by the Jersey City Municipal Utilities Authority(the "JCMUA Undertaking"). However, portions of such Annual Reports were filed with the MunicipalSecurities Rulemaking Board (the "MSRB") with respect to the City's bonds. The City has since correctedthis oversight by linking the required Annual Reports to the JCMUA Undertaking. The City hasimplemented certain procedures to file its Annual Reports on a more consistent and timely basis in futureyears. The City's implementation of procedures to file its Annual Reports also includes the continued
utilization of Digital Assurance Certifications LLC (DAC) to assist with the City's disclosure requirements.
The State and all public officers, municipalities, counties, political subdivisions and public bodies,and agencies thereof, all banks, bankers, trust companies, savings and loan associations, savings banks and
institutions, building and loan associations, investment companies, and other persons carrymg on banking
business, all insurance companies, and all executors, administrators, guardians, trustees, and other fiduciaries
may legally invest any sinking funds, moneys or other funds belongmg to them or within their control in anybonds or notes of the City, including the Notes, and such Notes are authorized security for any and all publicdeposits.
NW Financial Group, LLC, Hoboken, New Jersey has served as Municipal Advisor to the City withrespect to the issuance of the Notes (the "Municipal Advisor"). The Municipal Advisor is not obligated toundertake, and has not undertaken, either to make an independent verification of, or to assume responsibility for
the accuracy, completeness, or fairness of the information contamed in fhe Official Statement and the
Appendices hereto. The Municipal Advisor is an independent firm and is not engaged in the business ofunderwriting, trading or distributmg municipal securities or other public securities.
UNDERWRITING
The Tax-Exempt Notes are being purchased by _ (the "Tax-ExemptNotes Underwriter ) at an aggregate price of $_. The Tax-Exempt Notes are being reofferedto the public at a price of $_. The Tax-Exempt Notes Underwriter is obligated to purchase allof the Tax-Exempt Notes if any Tax-Exempt Notes are purchased.
16
The Taxable Notes are bemg purchased by _ (the "Taxable NotesUnderwriter", and together with the Tax-Exempt Underwriter, the "Underwriters"):, at an aggregate price of
$_. The Taxable. Notes are being reoffered to the public at a price of $_. TheTaxable Notes Underwriter is obligated to purchase all of the Taxable Notes if any Taxable Notes arepurchased.
The initial public offering yields of the Notes set forth on the cover and the inside cover page may bechanged without notice by the Underwriters. The Underwriters may offer and sell fee Notes to certaindealers (mcludmg dealers depositmg Notes into investment trusts, certain of which may be sponsored ormanaged by the Underwriters) and others at yields higher than the offering yields set forth on the insidecover page hereof.
The City has requested that the Notes be rated by and has furnished mfonnation to S&P GlobalRatings, acting through Standard & Poor's Financial Services LLC ("S&P") includmg information that maynot be included in this Official Statement. S&P has assigned a rating of"_" to the Notes.
An explanation of the significance of such rating may be obtained only from S&P. The ratingreflects only the views of S&P. Generally, rating agencies base their ratings upon information and materialsprovided to them and upon investigations, studies and assumptions by the particular rating agency. Therecan be no assurance that the rating will be maintamed for any given period of time or that the rating may notbe lowered or withdrawn entirely, if m S&P judgment, circumstances so warrant. Such action, any
downward change in, or withdrawal of such rating, may have an adverse effect on the market price of theNotes. The City has not undertaken any responsibility after the issuance of the Notes to assure maintenance
of the rating or to oppose any such revision or withdrawal.
CLOSING CERTIFICATES
Upon the delivery of the Notes, the Underwriters will be furnished with the following items: (i) aCertificate executed by the Business Administrator and the Chief Financial Officer of the City (or officersotherwise titled serving m equivalent capacities) to the effect that as of the date of this Official Statement andat all times subsequent thereto, up to and including the time of the delivery of the Notes, this OfficialStatement did not and does not contain any untrue statement of a material fact or omit to state a material fact
necessary to make the statements herein, in the light of the circumstances under which they were made, not
misleading, and further stating that there has been no adverse material change in the financial condition offee City since the date of this Official Statement to the date of issuance of the Notes, as appropriate, andhaving attached thereto a copy of this Official Statement, (ii) a Certificate signed by an officer of the Cityevidencing payment for the Notes, (iii) a Certificate signed by the Mayor, Business Administrator; ChiefFinancial Officer and City Clerk evidencing the due execution of the Notes, including statements that (a) nolitigation of any nature is pending or, to the knowledge of the signers, threatened, restraining or enjoining theissuance and delivery of the Notes, or the levy and collection of taxes to pay the principal of and interestthereon, nor in any manner questionmg the proceedings and authority under which the Notes were authorizedor affecting the validity of the Notes thereunder, (b) neither the corporate existence or boundaries of the Citynor the title of the signers to theu- respective offices is being contested, and (c) no authority or proceedingsfor the issuance of the Notes have been repealed, revoked or rescinded, and (iv) the Continuing DisclosureCertificate executed by the Chief Financial Officer.
The firm of Donohue, Gu'onda, Doria & Tomkins, LLC, Bayonne; New Jersey, Certified Public
Accountants and Registered Municipal Accountants, assisted in the preparation of inform.ation contained in
17
this Official Statement, and takes responsibility for the financial statements to the extent specified m theIndependent Auditors' Report.
All information has been obtained from sources which Donohue, Gironda, Doria & Tomkins, LLC,considers to be reliable but it makes no warranty, guarantee or other representation witli respect to the
accuracy and completeness of such information.
NW Financial Group, LLC has not participated m the preparation of the financial or statisticalinformation in this Official Statement, nor has it verified the accuracy, completeness or fairness thereof and;,
accordingly, expresses no opinion with respect thereto.
GluckWalrath LLP has not participated in the preparation of the fmancial or statistical information inthis Official Statement, nor has it verified the accuracy, completeness or fairness thereof and; accordingly,
expresses no opinion with respect thereto.
The comparative balance sheets - regulatory basis of the various funds of the City as of and for theyears ended December 31, 2016 and 2015, and the related comparative statement of operations and changesin fund balance - regulatory basis, statement of revenues - regulatory basis and statement of appropriations -
regulatory basis, of the Current Fund, and the related statement of changes in Fund Balance " regulatory
basis, of the General Capital Fund, for the years then ended, together with the related Notes to the FinancialStatements for the years then ended, are presented in Appendix B to the Official Statement. The financialstatements referred to above have been audited by Donohue, Gironda, Doria & Tomklns, LLC, Bayonne,
New Jersey, mdependent auditor, as stated in its report appearing in Appendix B.
Also included in Appendix B are unaudited balance sheets — regulatory basis of the various funds ofthe City as of December 31, 2017 and the related unaudited statement of operations and changes in fundbalance •- regulatory basis for the year ended December 31, 2017, without accompanying note disclosures.
The unaudited financial statements referred to above have been abstracted from the annual financial
statement (unaudited) of the City for the year ended December 31, 2017, .as stated in the accountant'scompilation report prepared by Donohue, Gironda, Doria & Tomkins, LLC, Bayonne, New Jersey,independent auditor.
ADDITIONAL INFORMATION
Inquiries regardmg this Official Statement, including requests for information additional to thatcontained herein, may be directed to Donna L. Mauer, CMFO, Chief Financial Officer, City of Jersey City,280 Grove Street, Jersey City, New Jersey 07302, (201) 547-5042.
This Official Statement is not to be consbned as a contract or agreement between the City and thepurchasers or holders of any of the Notes. Any statements made m this Official Statement involving mattersof opinion, whether or not expressly so stated., are intended merely a.s opinions and not as representations of
fact. The information and expressions of opinion herein are subject to change without notice and neither thedelivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any
implication that there have been no changes in the affairs in the City since the date thereof. The informationcontained in this Official Statement is not guaranteed as to accuracy or completeness.
18
This Official Statement has been duly approved, executed and delivered by the City.
By:M.Brian Platt, Business Administrator
By./sLDonna L. Mauen Chief Financial Officer
19
CERTAIN INFORMATION REGARDING THE CITY OF JERSEY CITY
The legislative power of the City of Jersey City (the "City") is vested in the Municipal Council (the"Council"); which is composed of nine members, six of whom are elected from the City's six wards and three ofwhom are elected at large. The Council meets regularly and operates in accordance with the Optional MunicipalForm of Government, Section 40:69A-1 et seq,, of the New Jersey statutes. The Council members serve four-yearterms beginnmg on the first day of January following their election. Their current term commenced on January I,2018. The members of the Council, their titles and the date they first took (or will take) office are shown on thefollowing table:
MUNICIPAL COUNCILDate
Title ^,First In Office
Rolando R. Lavarro Council President November 14, 2011
Daniel Rivera Councilman"at°Large July 1,2013
Joyce Waterman CounciIwom.an-at-Large July 1, 2013
Denise Ridley WardA Councilwoman January 1;2018
Mira Prmz-Avery Ward B Councilwom.an January 1,2018Richard Boggiano Ward C Councilman July 1,2013Michael Yun Ward D Councilman July 1,2013
James Solomon Ward E Councihnan January 1, 2018
Jennaine Robinson Ward F Councilwoman January 21, 2017
The executive power of the City is exercised by the Mayor, who is responsible for admisistermg the charterand ordinances and general laws of the City. The Mayor is responsible for preparing and administering the City'sannual expense and capitaH budgets. The Mayor supervises all of the departments in the City and reports annually tothe Council and the public the results of the previous year's operations. The IVIayor has the power to approveordinances adopted by the Council or to return them to the Council with a statement of his objections. A vote bytwo-thirds of the members of the Council may override the Mayor's veto. The Mayor may attend meetings of theCouncil and may take part in discussions. The Mayor has no vote in the proceedings of the Council except to fill avacancy m the Council, in which case he may cast the deciding vote. The Mayor appoints the BusinessAdministrator and the Directors of nine City departments witli the advice and consent of the Council. In the eventthat the IVtayor is unable to fulfill his responsibilities under the applicable provisions of the New Jersey Statutes andthe Jersey City Charter, the Council is required to appoint a Mayor to serve until the next election. There are noterm limits for the office of Mayor or for any Council member.
Administration
Followmg are biographical sketches of the City officials with responsibility for financial management:
STEVEN M. FULOP, Mayor
Steven Michael Fulop, a democrat; is the 49th and cun-ent Mayor of Jersey City, New Jersey. He is theyoungest mayor in. the country of a city with a population larger than 250,000. IVIayor Fulop was elected Mayor onMay 14, 2013, defeating a three term incumbent mayor and the political establishment. Prior to serving as Mayor,Steven Fulop served as the Ward E Councilman of the City for eight years. Mayor Fulop was re-elected for asecond four-year term on November 7,2017.
A first generation American, Mayor Fulop grew up m an immigrant family in Edison, New Jersey. Hisfather owned a delicatessen in Newark, where Mayor Fulop often worked. His mother, the daughter of Holocaustsurvivors, worked in an immigration services office helping others gain citizenship.
Mayor Fulop graduated from Bmghamton University in 1999, and in 2006 completed both his Masters mBusiness Administration at the New York University Stem School of Business and his Masters in Public
Administration at Columbia University School of International and Public Affairs (SIPA). While attendingBinghamton University, he spent time abroad studying at Oxford University in England.
Upon graduating from college. Mayor Fulop joined Goldman Sachs. After working in financial servicesfor several years and seeing first hand the effects of the September 11 attacks, he decided to put his career atGoldman Sachs on hold and join the United States M^arine Corps. Shortly after completion of Marine Corps bootcamp on January 14, 2003, Mayor Fulop was deployed to Iraq, where he served as part of the 6fh Engineer SupportBattalion. He and his unit were recipients of numerous awards and recognition for service including the OverseasService Ribbon, Meritorious Masts, and the Presidential Unit Citation,
Currently, Mayor Fulop is a trustee of the Liberty Science Center, and previously served on the Board ofDirectors for fhe Columbia University Alumni Association and the board for the Learning Community CharterSchool. He is an avid td-athlete completing the 2012 NY Ironman. Championship m less than 12 hours.
BRIAN PLATT, Business Administrator
Brian Platt was appointed Business Admmistrator on March 30, 2018. Prior to assuming this role, Brianwas Jersey City's Chief Innovation Officer aud helped form the City's first Office of Innovation in 2015. The officeuses a data driven, collaborative approach, to solve the City's most complex challenges.
Brian previously worked as an analyst for McKinsey & Company and as a kindergarten teacher with TeachFor America. He completed his Masters in Public Administration atColumbia University in. 2016 and was includedon fhe 2017 "Traeger List" as one of the top 100 local government leaders in the United States.
MARK ALBIEZ, Mayors Chief of Staff
Mark Albiez began his career in public service in 2003 as Program Coordmator with the Jersey CityDepartment of Recreation, where he was responsible for overseeing various recreational programs and grant writingfor the department.
In 2008, Mr. Albiez was named the Chief of Staff to New Jersey Assemblyman Ruben Ramos, Jr. (Januaryof 2008 - December of 2011) then began working for State Senator Brian P. Stack (January of 2009 - July of 2014)m the same role, directing the daily functions of both offices, which operated m a joint capacity, focusing onconstituent services; draftmg of legislation, legislative processes, and mteraction with government offices, publicagencies and members of the media. Mr. Albiez was then employed as Deputy Director of the Union CityDepartment of Recreation; Parks and Public Property (January of 2012 ~ July of 2014), advancing the creation andrefarbishtnent of parks and recreational facilities and securmg funding streams for respective projects.
Mr. Albiez Joined the admmistration of Jersey City Mayor Steven Fulop in July of 20 14 and was appointedas Chief of Staff. Mr. Albiez earned a degree iti Bachelor of Arts ia Philosophy from Rutgers University, NewBrunswick.
PETER J. BAKER, ESQ., Corporation Counsel
Peter J. Baker was formally appointed Corporation Counsel for the City of Jersey City on April 16, 2018.Mr. Baker heads the Department of Law, which represents the City in all legal matters and advises the Mayor andCity Council on policy initiatives.
Mr. Baker is a 2000 graduate of Franklin & Marshall College, where he received a Bachelor of Arts degreem English. He received his Juris Doctor degree from Temple University's Beasley School of Law m Philadelphia m2006. While attending Temple Law, Mr. Baker received the Law Faculty Scholarship, worked as an instructor andteaching assistant m the school s Trial Advocacy program.
Upon graduating law school, Mr. Baker served as law clerk to the Honorable Lois Lipton, J.S.C., in theSuperior Court of New Jersey, Bergen Vicinage, Criminal Division. After completing his clerkship, he joined thelaw firm of Sisselman & Schwartz, LLC, in Roseland; New Jersey, where he worked as a civil litigator. In 2013, he
A-2
joined the Hudson County Prosecutor's Office as an Assistant Prosecutor until 2016, when hejomed New Jersey sOffice of the Attorney General, Division of Crunmal Justice, as a Deputy Attorney General in the Public CorruptionBureau.
MARCOS D. VIGII^ Director of Housing, Economic Development and Commerce
In 2015, Marcos D. Vigil was appomted to serve m Mayor Steven Fulop's first term. as Deputy Mayoroverseeing economic development and real estate, and developing strategies for sustainable development andaffordable housing. He is currently servmg a temi as Commission of the Jersey City Municipal Utilities Authority,and was appoiated m 2016 to represent the City as a member of the New Jersey State League of MumcipalitiesLegislative Committee. In 2017, he was. appomted as the Mayor's Alternate Trustee for the North JerseyTransportation Planning Authority. Prior to his role with the City, Marcos served as Deputy Secretary of State ofNew York during Governor Andrew Cuomo's first term, leading and managing operations for its Divisions ofConsumer Protection, Licensing Services, Corporations, Cemeteries and the NYS Athletic Commission. Beforejoining public service, Marcos practiced commercial and employment law in New York City. He holds a B.A. fromPrinceton University and as J.D. from Fordham University School of Law. Mr. Vigil was appointed Director ofHousing, Economic Development and Commerce on January 10, 2018,
DONNA L. MAXJER, Chief Financial Officer
Donna Mauer holds a B.S. m Business Admmistration from New Jersey City University and a Masters ofPublic Administration from Fairleigh Dickinson University. She started employment with the Department ofFinance of the City m 1987. Since that time, she held various positions,-including Assistant Budget Officer. OnDecember 14, 2005, Ms. Mauer was appointed Chief Financial Officer and reappointed on December 17; 2008 andacquired tenure in the position on January 1,2009.
City Employees
As of December 31, 2017, the City had 3,021 employees. The following table shows a breakdown of theCity's employees over the past five years:
CITY EMPLOYEES
December 31,2017December 31,2016December 31,2015December 31,2014December 31,2013
Permanent
2,8352,7932,5812,3922,381
Temporary
7190767068
Grants/Enterprise
Fund
1093667
• 34
55
(1) Total does not include Seasonal Employees
Water Utility
64566
3,0212,9232,7292,5022.510
Approximately 2,256 of the City's employees are represented by one of 9 different bargaining units. TheNew Jersey Public Employee Relations Act, as amended; specifies a negotiation and advisory fact finding process(civilian unions) or interest arbitration (uniformed service unions) in the event of a negotiations impasse. The majorpublic employee unions of the City are set forth below with a description of each:
LOCAL 1064 represent approximately one hundred fifty six (156) &e officers in. the rank of Captain,Battalion Chief and Deputy Chief. A new four (4) year collective bargaining agreement was reached forthe period January 1, 2017 to December 31, 2020. The basic financial terms were as follows: January 1,2017 -1.5%, January 1, 2018 - 1.5%, January 1,2019, 1.5% January 1,2020 - 1.95%.
LOCAL 1066 represent approximately four hundred and two (402) fire fighters. A new collectivebargaining agreement was reached. The basic financial terms were January 1, 2016 — 1.950/o, January 1,2017-1.5%, April 1. 2018-1.5%; June 1,2019-1.5%..
THE POLICE SUPERIOR OFFICERS' ASSOCIATION represents approximately one hundred fortyseven (147) Superior Officers in the rank of Sergeant, Lieutenant, Captam and Lispector. A new four (4)year collective bargaining agreement was reached for the period January 1, 2017 to December 31, 2020.The basic financial terms were as follows: January 2017 - 1.5%, January 2018 - 1.5%; January 2019 n1.5%, January 2020-1.1%.
THE POLICE OFFICERS' BENEVOLENT ASSOCIATION represents approximately six hundred andforty eight (648) Police Officers and Detectives below the rank of Sergeant. A new four (4) year coUectivebargaining agreement was reached in March 2013 for the period January 1, 2013 to December 31, 2016.The basic financial terms were as follows: January 2013 - 0%; July 2013 - 2.5%; January 2014 2.3%;January 2015 - 2.25%; January 2016 - 1.95%. The contract also included the lowering of the startingsalary for new hires and other significant reduction in benefits for additional cost savings. Negotiationshave begun but not as far along as the public safety unions.
JERSEY CITY SCHOOL TRAFFIC GUARDS ASSOCIATION represents approximately two hundred(200) employees who tend the crosswalks near elementary schools in the City to safely assist children. Asuccessor agreement was reached October 2013 for a four (4) year January 1, 2012 to December 31, 2015.The basic financial terms were as follows: January 2012 - 3.5%; January 2013 - 3.25%; January 2014 -2.75%; January 2015 - 2.25%. Also, new crossing guard hires will no longer receive medical benefits.There are no changes to date. Negotiations have not yet begun.
JERSEY CITY SUPERVISORS' ASSOCIATION represents approximately eighty five (85) civilianSupervisors holdmg titles above the rank of "foreman", but below the level of Division Head. A four yearcontract was ratified by the City Council in 2015. The agreement calls for the following salary mcreases:effective January 2015 - $1125, January 2016 - $1400, January 2017 ° $1800, January 2018 - $1850.
JERSEY CITY PUBLIC EMPLOYEES, LOCAL 245, represents approximately one hundred thirtyseven (137) foremen and their subordinates, in the Department of Public Works and the Department ofRecreation. A four year contract was ratified by the City Council in 2015. The agreement calls for thefollowing salary increases: effective January 2015 - $1125, January 2016 - $1125, January 2017 - $1400and January 2018-$1500.
JERSEY CITY PUBLIC EMPLOYEES, LOCAL 246, represents approximately four hundred eighty(480) employees who are subordinate to Supervisors in the Mayor's Office, the Department ofAdmmistration, the Department of Human Resources , the Department of Law, the Department of Healthand Human. Services, and the Department of Housing, Economic Development and Commerce, the Officeof the City Clerk, tlie Office of the Tax Assessor, and the Department of Public Safety (non-unifomied). Afour year deal has been agreed to as follows; January 2015 ••$1125, January 2016 - $1125, January 2018 -$1400 and January 2018 " $1500.
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 68-68A-68B, AFL-CIOrepresents three (3) employees holding titles of boiler operators or chief engineer. A new three and halfyear contract was ratified by the City Council May 2013. The agreement calls for the following salaryincreases: effective July 1, 2012 - $0; January 1, 2013 » $0; April 1, 2013 - $1,350; January 1, 2014 -$1,400 and January I, 2015 ° $1,500. Negotiations are ongohig.
The Jersey City Public Schools
The public school system of the City, the second largest school district in the State, served a totalenrollment of approximately 27,330 students for school fiscal year 2017-18. The system employs professional andnon-professional persomiel, including teacher's aides. The student population is provided with a comprehensiveschool program including college preparatory programs, vocational trainmg and special education classes housed in
A°4
regular elementary and secondary schools. In school fiscal year 2017-18, the school district has 4,583 full-timeemployees. The school system currently includes 25 elementary schools; four middle schools, eight high schools.,one regional day, one adult education school and 40 childcare sites.
Since October 1989, the school system has been operated by the State of New Jersey pursuant to the NewJersey Public School Education Act of 1975, as amended; N.J.S.A. 18A:7A-1 et seq. The Commissioner ofEducation appointed a State Supermtendent to manage the district.
The State-operated school district enabling legislation, NJ.S.A. 18A:7A-34 et seq., makes provision for theCity to provide moneys to the State-operated school district for the payment of operating expenditures. Chapter 139of the Pamphlet Laws of 1991 provided a mechanism similar to the pre-existing one for the authorization andissuance of school promissory notes and school serial bonds by the City secured by the power and authority of theCity to levy ad valorem real property taxes. The Capital Project Control Board of the City's Public Schools has theauthority to review and recommend the necessity for capital projects proposed by the Superintendent. Following theadoption of a resolution by the Capital Project Control Board, the Municipal Council of the City shall consider aSchool bond ordinance. The State, by the takeover of the school system in the City, has not affected, modified orimpaired the authority or the obligation of the City forthelevy and collection of sufficient real property taxes to paythe interest and pnncipal on outstanding school debt.
Related Authorities and Functions
Sewer services are provided to the City through the Jersey City Municipal Utilities Authority (the"JCMUA") and solid waste disposal is provided by the Jersey City Incinerator Authority (tlie "JCIA"), OnDecember 10, 1997, the Jersey City Sewerage Authority was reorganized to fomi the JCMUA. On January 15,1998, the City and the JCMUA executed a Franchise and Service Agreement pursuant to which the JCMUAassumed operation of the City's Water Utility until January 31, 2008. In May 2003, the City and the JCMUAexecuted an amended and restated franchise and service agreement pursuant to which the JCMUA's obligations tooperate the City's Water Utility was extended through March 31, 2028. See "Jersey City Municipal UtilitiesAuthority" and "The Jersey City Incmerator Authority" under "CITY INDEBTEDNESS AND DEBT UMITSOther Clty-Related Obligations" herem.
City Budget Requirements" General
State law imposes specific budgetary procedures upon- local government units such as the City. Pursuant tothe Local Budget Law, the City is required to have an operating budget, which provides for sufficient cashcollections to pay all debt service and operating costs during the fiscal year and, m addition, provide for anystatutory and mandatory payments, such as pension and insurance costs, required to be made during the fiscal year,
The City's operating budget must be in the form required by the Division of Local Government Services mthe Department of Community Affairs, State of New Jersey (the "Division"). Items of revenue and appropriationare statutorily regulated and must be certified by the Director of the Division (the "Director") prior to final adoptionof the budget by the Council, Th.e Director is required to review the adequacy of such appropriations forcertifi.cation. The Director has no authority over individual operating appropriations, unless a specific amount isrequired by law, but the review, which focuses on anticipated revenues, is intended to insure revenues are sufficientto pay expenses.
The Business Administrator and Budget Director prepare the Municipal Budget of the City for the Mayor.During the month of November, all department heads are required to submit requests for appropriations for the nextbudget year and appear before the Business Administrator, the Budget Director and the Council at public hearings toexplain their departmental requests. The Mayor then submits his recommended budget to the Council. The Councilmay reduce any item or items m the budget by a majority vote but may increase any item or items only upon anaffirmative vote oftwo-thirds of the members of the Council. After the budget is introduced, it may be approved onfirst reading by majority vote of the Council. After the Council approves the budget, it is submitted to the Directorfor approval and advertised. A public hearing is held. Upon completion of the public hearing, the budget is adoptedby the Council and submitted to tlie Division for certification.
A"5
The City has transitioned from a State fiscal year to a calendar fiscal year. Under State law, the City isrequired to have a budget adopted by March 20, although the Director, with the approval of the Local FinanceBoard, may extend this date and the Municipal Council may adopt the budget within ten days after the Director shaUhave certified his approval thereof pursuant to N.J.S.A. 40A:4-5.1. For Calendar Year 2013, the budget wasintroduced on February 27, 2013 and adopted on July 17, 2013. For Calendar Year 2014, the budget was introducedon March 12, 2014 and adopted on September 23, 2014. For Calendar Year 2015, the budget was introduced onMarch 11, 2015 and adopted on July 28, 2015. For Calendar Year 2016, the budget was introduced on February 24,2016 and adopted on July 20, 2016. For Calendar Year 2017, the budget was mtroduced on March 22, 2017 andadopted on July 10,2017.
Prior to formal budget adoption, the City uses a temporary operating budget to guide expenditures.Temporary appropriations may be made pursuant to N.J.S.A. 40A:4°19.1 and, m addition, emergency temporaryappropriations may be made pursuant to N.J.S.A. 40A:4-20. The City's budget for the first quarter of its calendaryear (January 1 through IVCarch 31) is equal to one-fourth. of the annual budget for the preceding calendar year. If abudget for a calendar year is not adopted by March. 31, the City establishes periodic temporary budgets.
The monitoring of the budget is a contitiuous process, and encompasses financial controls in the areas ofencumbrance of obligations and public contracts law. Under State law, expenditures cannot be made unless there isa certification as to availability of fimds from the operating or capital budget. The budget is utilized throughout theoperating year as a management tool and policy mstrument representing the City's plan of action for the provision ofservices. Expenditures are monitored througliout the year and, two months before the end of the fiscal year, thebudget may be amended to transfer expenditures from one line item to another. Emergency appropriations may bemade to the extent revenues are msufficient to pay expenditures, with the amounts so appropriated raised in thesucceeding fiscal year.
No local unit in New Jersey is permitted to issue long-term bonds for the payment of current expenses or topay outstandmg obligations (except for the refunding or repayment of successful real property tax appeals andcertain statutorily authorized non-recumng expenses^ which requires the approval of the Local Finance Board).Like other New Jersey municipalities, the City makes a major portion of its expenditures early in each year whilereceipts are heaviest late in the year. The City has managed this cash flow unbalance through temporary transfersfrom its capital and grant accounts, and restoring these funds by year end with the tax and State aid revenuesreceived. A local unit may issue tax anticipation notes for the payment of current expenses under the Local BudgetLaw. The City has not issued tax anticipation notes since April 1991.
Public School Budgeting Process
Under the provisions of the New Jersey Public Education Act of 1975, as amended., the Superintendent of aState-operated school district, after preparation of and hearing on a proposed budget, is required to fix and determinethe amount of money necessary to be appropriated for the school year and is required to certify the amounts to beraised by taxes. The City may appeal to the Commissioner of Education the amount determined necessary. TheCommissioner, upon receipt of such appeal and completion of the hearing process, shall determine the amountnecessary for the district to provide a thorough and efficient educational program including the implementation ofthe plan to correct deficiencies. The City may apply to the Director of the Division for a determination that the localshare of revenues needed to support the district's budget results in an unreasonable tax burden. Based upon thisreview, the Director certifies the amount of revenues, which can be raised locally to support the budget of theState-operated district. Any difference between the amount which the Director certifies and the total amount of localrevenues required by the budget approved by the Commissioner is paid. by the State in the fiscal year in which theexpenditures are made, subject to the availability of appropriations. The State supplemented the City's school taxrevenues with $20,000,000 for the Fiscal Year 1999. Since Fiscal Year 2000, the State has not supplemented theCity's school tax revenues.
Limitation on Expenditures
Section 40A:4-45.3 of the Local Budget Law, commonly known as the "Cap Law," as enacted providedthat a municipality shall limit any increase in its operating budget to five percent or the calculated Index Rate,whichever is Isss, over the previous year's final appropriations, subject to certain exceptions. The Local Finance
A-6
Board has the authority, under Section 40A:4-45.3 of the Local Budget Law, to grant additional exceptions to theCap Law under certain circumstances. The Index Rate is defined as the annual percentage mcrease in the ImplicitPrice Deflator for State -and Local Government Purchasers of Goods and Services produced by the United StatesDepartment of Commerce as announced by the Du-ector. Municipalities may elect, upon adoption of an ordinance,to approve an increase in appropriations that is greater than the Index Rate, not to exceed five percent, when theIndex Rate is less than five percent. Major exceptions not subject to the spending limitation. mclude: capitalexpenditures and debt service; State and Federal appropriations; expenditures mandated as a consequence of certampublic emergencies; certain expenditures mandated by law; cash deficits of the preceding year approved by theLocal Finance Board; amounts required to be paid pursuant to any contract with respect to use,, services or provisionof any project, facility or public improvement for water, sewer, solid waste, parking, senior citizen housing orsimilar purpose, or payments on account of debt service therefor or lease payments as made with respect to a facilityowned by a county improvement authority where such lease payments are a necessity to amortize debt of theauthority; amounts expended to meet the standards established by the New Jersey Public Employees' OccupationalSafety and Health Act; amounts appropriated for expenditures resulting from impact of a hazardous waste facility;any expenditure mandated as a result of a natural disaster, civil disturbance or other emergency that is specificallyauthorized pursuant to a declaration of an emergency by the President of the United States or by the Governor;expenditures for the cost of services mandated by any order of court; statute or administrative mle issued by a Stateagency which has identified such cost as mandated expenditures on certification to the Local Finance Board by theState agency; and amounts reserved for uncollected taxes. The "Cap Law" does not limit the obligation of the Cityto levy ad valorem taxes upon all taxable real property within, tlie City to pay debt service.
On June 21, 2004, the Legislatare enacted amendments to the "Cap Law", under which municipalities arerequired to limit any increase in its operating budget to 2.5% or the "cost-of-living adjustment" (formerly known asthe "Index Rate"), whichever is less, over the previous year's final appropriations, subject to certain exceptions.Municipalities are permitted to elect, upon adoption of an ordinance; to approve an increase in appropriations that isgreater than the cost-of-livmg adjustment, not to exceed 3.5%, when the cost-of-living adjustment is less than orequal to 2.5%. However, the amendment elimmates the existing option. to exceed the current 5% increase, but not toexceed the Index Rate, when the Index Rate is greater than 5%. The amendment also eliminates certain of theexceptions to the spending limitation, including: amounts expended to meet the standards established by the NewJersey Public Employees" Occupational Safety and Health Act; amounts appropriated for expenditures resultingfrom the impact of a hazardous waste facility; amounts appropriated for fhe cost of administermg a joint msurancefimd; amounts appropriated for the cost of iraplementing an estimated tax billiug system and the issuance of tax billsfhereimder; and amounts expended to pay the salaries of police officers hired under the federal "CommunityOriented Policing Services" program. The amendment also requires Local Finance Board approval to utilizeexisting exceptions for: expenditures of amounts actually realized in the local budget year from the sale of municipalassets; and expenditures related to the cost of conducting and implementmg a total property tax levy sale. Theexception for amounts expended for the staffing and operation of the municipal court was replaced with anexception for newly authorized operating appropriations for the municipal court or violations bureau when approvedby the vicinage Presiding Judge of the Municipal Court after consultation with the mayor and governing body of themunicipality.
The "Cap Law" is subject to frequent amendment by the Legislature. See "CITY REVENUES - PropertyTax Reform" below.
Additionally, legislation constituting P.L. 2010, c. 44, effective July 13, 2010, imposes a tv^'o percent (2%)cap on the tax levy of a municipality, county, Sre district or solid waste collection district, with certain exceptionsand subject to a number of adjustments. The exclusions from the limit include increases required for capitalexpenditures, including debt service^ increases in pension contributions in excess of 2%; certain mcreases m healthcare over 2%, and extraordinary costs incurred by a local unit directly related to a declared emergency. Thegoverning body of a local unit may request approval, through. a public question submitted to the legal voters residingin. its territory, to mcrease the amount to be raised by taxation, and voters may approve increases above 2% nototherwise permitted under the law by an af&rmative vote in excess of 50%.
The Division has advised that counties and municipalities must comply with both budget "CAP" and the taxlevy limitation. Neither the tax levy limitation nor the "CAP" law, however, limits the obligation of the City to levyad valorem taxes upon all taxable property within the boundaries of the City to pay debt service on bonds and notes.
A-7
In accordance with the Local Budget Law, each local unit must adopt and may from time to time amendmles and regulations for capital budgets, which mles and- regulations must require a statement of capitalundertakings underway or projected for a period not greater than over the next ensuing six years as a generalimprovement program. The capital budget, when adopted, does not constitute the approval or appropriation offunds, but sets forth a plan of the possible capital expenditures; which the local unit may contemplate over the nextsix years. Expenditures for capital purposes may be made either by ordmances adopted by the governing bodysetting forth the items and the method of financing or from the annual operating budget if the terms were detailed.
Anticipation of Real Estate Taxes
With regard to current taxes, Section 40A:4-41 of the Local Budget Law provides that "receipts from thecollection of taxes levied or to be levied in the municipality, or in the case of a county for general county purposesand payable m the fiscal year shall be anticipated in an amount which is not in excess of the percentage of taxeslevied and payable during the next preceding fiscal year which was received in cash by the last day of the precedmgfiscal year."
This provision requires that the City establish a non-spendmg appropriation reserve for uncollected taxes mthe current year as a percentage of the current levy equal to the percent micollected of the prior year's levy. Thisadditional amount must be added to the tax levy required m order to balance the budget.
Section 40A:4-29 of the Local Budget Law sets limits on the anticipation of delinquent tax collections:"The maximum- which may be anticipated is the sum produced by the multiplication of the amount of delinquenttaxes unpaid and owmg to the local unit on the &st day of the current fiscal year by the percentage of collection, ofdelinquent taxes for the year immediately preceding the current fiscal year."
The City school district and the County receive 100% of their tax levies, which are collected and paid tothem by the City. As a result of the structure of the State's system of taxation, the City, along with ofher similarlysituated municipalities, bears the full burden of the uncollected taxes.
Anticipation of Miscellaneous Revenues
Section 40A:4-26 of the Local Budget Law provides: "No miscellaneous revenues from any source shallbe included as an. anticipated revenue in the budget m an amount in excess of the amount actually realized m cashfrom the same source during the next preceding fiscal year, unless the Director shall determine upon application bythe governing body that the facts clearly warrant the expectation that such excess amount will actually be realized incash during the fiscal year and shall certify such determination, in writing, to the local unit.
Deferral of Current Expenses
Supplemental emergency appropriations may be authorized by the governing body of the City after theadoption of the budget and determination of the tax rate. However, with minor exceptions, such appropriations mustbe included m full in the followmg year's budget. Under Sections 40A:4"48 and 40A:4"49 of the Local Budget Law,any emergency appropriation must be declared by resolution according to the definition provided in Section40A:4-46 of the Local Budget Law, approved by at least two-thirds of the governing body and must also beapproved by the Director if all emergency appropriations made during the year exceeds 3% of the total current andutility operating appropriations ia. the budget for that year.
Protection of Municipal Funds and Investment Policy
The City complies with the State statutory and regulatory requirements for the deposit and investment ofpublic monies. The City on a daily basis deposits cash receipts in mstitutions located in New Jersey which areapproved by the State and are insured by the Federal Deposit Insurance Corporation or by other agencies of theUnited States (although the amount of the City's deposit may exceed. tiie insurance coverage limits) or in the State ofNew Jersey Cash Management Fund. The Cash Management Fund, which was established in 1977, is a short-terminvestment pool for the State and its cities, towns and school districts. The investments held by the CashManagement Fund must have average maturities not exceeding one year. The types of investments are regulated by
A°8
the State Investment Council. The regulations allow invesfanent in repurchase agreements with the purchasedsecurities held by a custodian. The regulations also permit reverse repurchase agreements; however, the proceedsare invested m the Cash Management Fund.
In addition to making deposits with the above described financial mstitutions, pursuant toN.J.S.A.40A:5-15.1, the City is permitted to purchase the following types of securities as investments:
1) Bonds or other obligations of the United States of America or obligations guaranteed by the United
States of America (Treasury Bills, notes and bonds).
2) U.S. Government money market funds.
3) Any obligation that a Federal agency or a Federal instrumentality has issued m accordance with anAct of Congress, which security has a maturity date not greater than 397 days from the date ofpurchase, provided that such obligation bears a fixed rate of interest not dependable on any index orother external factor.
4) Bonds or other obligations of the local unit or bonds or other obligations of school disb-icts of whichthe local unit is a part or withm. which the school district is located.
5) Bonds or other obligations, having a maturity date not more than 397 days from the date of purchase,approved by The Department of Treasury, Division of Investments.
6) Local government investment pools, such as New Jersey Class, and. the New Jersey Arbitrage RebateMarLagement Program.
7) Deposits with the State of New Jersey Cash Management Fund.
8) Repurchase agreements of fully collateralized securities, if:
a) The underlying securities are pemiitted investments pursuant to N.J.S.A. 40A: 5-15.1;b) The custody of the collateral is transferred to a third party;c) The maturity of the agreement is not more than. 30 days;d) The mderlymg securities are purchased through banks approved by fhe Department of
Banking and Insurance under the Government Unit Depository Projection Act.("GUDPA'Q.
e) A master repurchase agreement providing for the custody and security of the collateral isexecuted.
Compliance with the State statutes may not assure that the City's investments will have the liquidity,security or adequate deposit insurance to protect the City against aU losses. For example, the relevant depositstatute, N.J.S.A.17:9-44, only requires public depository banks to maintain coUateral for deposits of public fundsexceeding insurance limits ($100,000) generally equal to five percent of the average daily balance of public funds.Additionally; the State has the power to require that all banks holding public funds contribute amounts sufficient toreimburse an eligible municipality if any bank holding public funds becomes insolvent. However; it is unclear howquickly other state-qualified depositories could act to reimburse an exposed municipality througli the Statesuperased program which may result in limited liquidity and a shortage of cash for the City and other municipalitiesm the State. Furthermore, it is currently unclear whether the State of New Jersey Cash Management Fund couldmaintain sufficient liquidity during a period of economic stress if many municipalities mcluding the City sought theimmediate return of cash.
CITY INDEBTEDNESS AND DEBT LIMITS
State law regulates the issuance of debt by local government units. No local unit is permitted to issue
bonds for the payment of current expenses or to pay outstanding obligations, except for, among certain other limitedpurposes, refunding purposes with the approval of the Local Finance Board. Like other New Jersey municipalities;
the City makes a major portion of expenditures early in each year while receipts are heaviest late in the year.Historically; the City has managed this cash flow imbalance through temporary transfers from its capital and grantaccounts and restores these funds with the tax and State aid revenues received by year-end. The City also hasoptions, which it may exercise to reduce, defer or fund appropriations remainmg at the end of a fiscal year for whichinsufficient cash is available. The Local Budget Law empowers the City to issue, but limits the amount of, taxanticipation notes ("TANs") that may be issued and requires the repayment of such notes within four months of theend of the fiscal year m which issued. The City has not issued TANs since April 1, 1991,
Debt Limits
State statutes set forth debt limits for counties and municipalities. The City's net debt is limited by theLocal Bond Law to an amount equal to 3.50% of its average equalized valuation basis. The average equalizedvaluation basis of the City is set by statute as the average for the last three preceding years of the sum total of (a) theaggregate equalized valuation of real property together with improvements and (b) the assessed valuation of Class IIrailroad property wifhm its "boundaries as annually determmed by the State Board of Taxation. See "CITYREVENUES - Equalization Rate and Tax Collection Rates" herein for a discussion of the City's assessedvaluations. The debt limit pursuant to Title 18A of the New Jersey Statutes for the City school district, a Type Idistrict of the first class, is 8% of such average valuation basis. Certain categories of debt are permitted by statute tobe deducted for purposes of computing the statutory debt Umit. Pursuant to law, the City has deducted the amount.of authorized school debt.
Exception to Debt Limit - Extensions of Credit
The debt limit of the City may be exceeded only with the approval of the Local Finance Board. If all orany part of a proposed debt authorization would exceed its debt lunit, the City must apply to the Local FinanceBoard for an extension of credit. An extension of credit may be granted based on a formula tied to the annualretirement of principal or need to protect the health, welfare or safety of the residents in- a municipality. The LocalFiuance Board considers the request, concentrating its review on the effect of the proposed authorization onoutstanding obligations. If the Local Finance Board, determines pursuant to statute and regulation that a proposeddebt authorization would materially impair the ability of the City to meet its obligations or to provide essentialservices; approval is denied.
In calendar years endmg December 31, 2014, December 31, 2015, December 31, 2016 and December 31,2017, total debt as a percentage of the equalized value of the City was 2.59%, 2.26%, 2.04% and 1.655%,respectively.
State law permits the City school district acting through the Municipal Council to authorize debt in excessof its individual debt limit. It does so by using the borrowing capacity of the City for school purposes after theschool debt margin has been. exhausted. The Local Finance Board is involved only if the proposed debtauthorization exceeds the debt limit of both the City and the City school district.
Exception to Debt Limit ° Real Property Tax Appeal Refunding Notes
The City revalued the real property located in the City in 1988. See "CITY REVENUES " EqualizationRate and Tax Collection Rates". After the revaluation, the number of tax appeals increased substantially. In orderto file a tax appeal, a property owner must first pay the taxes that are owed. If the appeal is successful, the taxes arethen refunded to the owner. The refund may occur m a fiscal year subsequent to the fiscal year in which the ownerpaid the taxes. Because of the magnitude of the tax appeals and the amount that was required to be refunded, theLocal Finance Board and the Municipal Council have allowed the City to issue tax refunding obligations to financethe tax refunds. The fax refundmg obligations issued to date are one-year notes, renewable annually for five to sevenyears after their date of issuance, with the amortization schedule approved by the Local Finance Board. As ofDecember 31, 2015, $2,738,740 priticipal amount of real property tax appeal refunding notes were outstanding. Asof December 31, 2016 principal amount was fully paid and none were outstanding.
A-10
Debt Statements
The City must report all new authorizations of debt or changes m previously authorized debt to the Divisionthrough the filing of Supplemental and Annual Debt Statements. The Supplemental Debt Statement must besubmitted to the Division before final passage of any debt authorization. Before the end of the fast month of eachfiscal year, the City must file an Annual Debt Statement as of the last day of the preceding fiscal year with theDivision. Through the Annual and Supplemental Debt Statements, the Division monitors all local borrowing.
In. calculating the debt limit, the City is allowed to deduct certain types of debt. Deductions from grossdebt are allowed for school purposes of an amount equal to 8% of average equalized valuations and for anyadditional State School Buildmg Aid Bonds authorized (P.L. 1968; c. 177; as amended P.L. 1971, c. 10, as amendedand P.L. 1978, c. 74). The deduction from municipal gross debt includes bonds issued and bonds authorized but notissued to meet cash grants-in-aid for a housing authority, redevelopment agency or municipality acting as its localredevelopment entity (Section 40A:12A°37(d) of the Local Redevelopment and Housing Law) and fimds m hand(includmg proceeds of bonds held to pay other bonds).
The following table sets forth the amount of debt that the City has outstanding, authorized but not yetissued as well as deductions for each purpose (school, municipal and water) and the amount of debt that the City hasauthorized for each purpose but has not yet mcurrecL In addition, the table sets forth the amount of debt that hasbeen issued by public bodies but that the City is or may be responsible for paying. See "Other City-RelatedIndebtedness". The table then sets forth the amount of the debt that, pursuant to State law; is excluded from thecalculation of the debt limitations imposed on the City. Such deductions mclude debt for school purposes (a portionof which are subject to their own debt limitation), debt for the water utility because it operates on a self-liquidatmgbasis, refundmg debt, debt issued in anticipation of grants and bonds issued by public entities (even though the Citymay be responsible for all or a portion of the debt service on such. debt). As shown in the table, although the City'sgross debt as of December 31, 2017 was $650,331,188, only $417,807,408 of that debt is included for purposes ofcalculating the debt limitation on the City.
The table also shows the statutory net debt as a percentage of the average equalized value of property in theCity (the average calculated for the past three years). See "CITY REVENUES - Real Estate Tax" herein. Inaddition to the debt detailed on this table, smce 1990 the City has issued real property tax appeal refunding notes ineach year. Prior to February 3, 2003, such real property tax appeal refunding notes were not included in the City'sdebt statements. After that date, newly authorized real property tax appeal refunding notes are included in grossdebt, but are deducted in calculating net debt. See "Exception to Debt Limit ~ Real Property Tax Appeal RefundingNotes" herein.
A-ll
Annual Debt StatementAs of December 31; 2017
Gross Debt:School Purposes:
Issued and Outstanding:Bonds............................................................................ $20,830,000
Authorized But Not Issued................................................. 1,587,258
Total School........................................................... $22,417,258
Green Trust Loan........................................................ 950,779
Authorized But Not Issued................................................ 27,749,629
Total Municipal..................................................... 475,667,408
Issued by Public Bodies Guaranteed by the Municipality:
Jersey City Municipal Utilities Authority............................ 152,246.522
Total Gross Debt................................................... $650,331,188
Statutory Deductions:
For School Purposes-Statutory 8%................................... 22,417,258
For Jersey City Municipal Utilities Authority - Water .„„.... 21,150,000For ERI Pension Refunding.................................................. 36,710,000
For Bonds Issued by Public BodiesGuaranteed by the Municipality.....,.........,....„,„....., 152,246,522
Total Statutory Deductions...................................... 232,523.780
Statutory Net Debt....................................................................... £417.807.408
Statutory Net Debt Percentage................................................. 1.655%
Source: Derived from the Annual Debt Statement of the City for Calendar Year. 2017
A-]
The following table summarizes the information included in the preceding table, and shows, among othertMags, the gross debt outstandmg for each purpose, the amount of such debt allowed under State law to be excludedfrom the calculation of the debt limitation and the statutory net debt.
Statutory Debt as of December 31, 2017
School Purposes
Municipal Purposes
Other Public BodiesGuaranteed by City
Total
Average Equalized Valuation of Real Property (Yrs. 2015-2017)
Statutory Net Debt
Debt Limitation Per N.J.S.A. 40A:2-6 (MimicipalitiAverage Equalized Valuation)
Total Net Debt
Remainmg Net Debt Capacity
Gross Debt
$22,417,258
475,667,408
152,246,522
S650.33L188
.2015-2017)
Deductious
$22,417,258
57,860,000
152.246.522
$232.523.780
s-3.50% of Three Year
Net Debt
$ -0-
417,807,408
-0-
$417.807.408
$25,242,322,640
1.655%
883,481,292
417,807,408
£465.673.884
Source: Derived from the Annual Debt Statement of the City for Calendar Year 2017
The table below outlmes the total debt of the City and sets forth the amount that the debt represents percapita for the last five years.
Gross DebfW
Net Debt Statutory<2^
Population^
Gross Debt per Capita
Net Debt per Capita
Net Debt-Statutory Percentages
December31^017
$650,331,188
417,870,408
247,597
2,628
1,688
1.655%
December
3LJ01_6
$749,388,145
455,704,061
247.597
3,027
1,841
2.04%
December
31,2015
$775,072,007
450,883,637
247,597
3,130
1,821
2.26%
December
31,2014
$844,917,507
482,163,575
247,597
3,412
1,947
2.59%
December31,2013
$852,306,655
475,739,968
247,597
3,442
1,921
2.60%
(OP) -FJ^ figm-es representmg Gross Debt and Net Debt Statutory are derived from the Annual Debt Statements of the City,(3^ Source: U.S. Department of Commerce, Bureau of the Census.
A-13
The following table lists the total bonded debt oftlie City for the last five years.
Bonds:
General
School
Water
Other
Total Outstanding Bonds
Notes:
General
School
Water
Other (Loan)
Total Outstandmg Notes
Total Bonds and NotesIssued and Outstanding
December31,2017
$400,916,000
20,830,000
21,150,000
152.246.522
595,142,522
24,901,000
-0-
-0-
950,779
25.851.779
620,994,301
December31,_2016
$440,203,000
27,155,000
25,590,000
199,455,227
692,403,227
26,898,194
-0-
-0" •
1.056.008
27.954.202
720,357,429
December31,J015
$437,405,950
39,510,000
28,645,000
199,163,381
704,724,331
40,602,842
-0-
-0-
1.159.954
41.762 J96
746,487427
December31,2014
$468,125,950
47,130,000
31,130,000
208.862.507
755,298,457
33,297,813
-0-
-0-
1.622.571
34.920.384
790,218,841
December31,2013
$ 460,262,950
55,220,000
34,450,000
206J56J32
756,089,082
39,436,000
-0-
-0-
2.083,185
41,519,185
797,608,269
Bonds and NotesAuthorized but Not Issued
General
School
Water
Other
Total Bonds and NotesAuthorized But Not Issued
Total Issued and Outstanding,and Authorized But Not Issued
Source: Derived from the Annual Debt Statements of the City.
27,749,629
1,587,258
0
-0^
29,336,887
$650.331.188
25,911,859
1,587,258
1,531,599
-Or
29,030,716
$749.388.145
14,228,631
4,265,245
10,091,004
"Or
28,584,880
$775.072.007
27,015,111
6,216,026
21,467,528
_0r
54,698,665
$ 844.917.506
27,014,831
6,216,027
21,467,528
-0-
54,698,386
$ 852,306,655
A-14
Included m the debt shown on this table are tax appeal refunding notes of the City outstandmg for the 5year period. The following table sets forth the amount of tax appeal refunding notes that were issued and
outstandmg m each of the four years preceding such date.
Real Property Tax Appeal Refunding Notes Outstanding
Source: Derived from the Calendar Year 2011-2016 Audited Financial Statements of the City and unaudited Calendar Year 2017 AnnualFinancial Statement.
(-^ These amounts do not include tax appeal refunding notes issued to refund prior issues of tax refunding notes.
The table below sets forth the total overlapping debt of the City for the last five years. The County ofHudson (the "County") debt overlap was 35.55% m 2017, 34.28% in 2016, 33.84% in 2015, 32.42% m 2014, and31.54% in 2013. The overlap for all other debt was 100%. The City's percentage of overlap for County debt isdetermined by the State based on (i) the assessed value of Class U Railroad Property in- the City and (ii) the truevalue of real property m the City. The sum of these two figures is used to calculate a percentage of the sum of theassessed value of Class I[ Railroad Property m the County, plus the true value of real property m the County.Overlapping debt is debt for which the City is not required to levy taxes.
Schedule of Overlapping Debt(1)
December December December December December
31,2017 31,2016 31,2015 31,2014 31,2013
Jersey City MunicipalUtilities Authority® $ 152,246,522 $ 199,455,227 $ 199,163,381 $ 208,862,507 $ 206,156,132
TOTAL ^_46L54U77 £ 536.968.223 $_620J53^04 S_56L592^25 £_^52^78J^1
Source: Derived from the Annual Debt Statements of the County and City.(1) The outstanding debt of the Hudson County Utilities Authority, the Rockaway Valley Regional Sewerage Authority and the Hudson
County Improvement Authority are not included (see further discussion herein).
z) The Jersey City Sewerage Authority was reorganized asfhe Jersey City Municipal Utilities Authority on January 15,1998.(3) Hudson County reports on a calendar year ending December 31.
(4) This figure represents 35.55% of the total County Gross Debt of $ 869,929,296(4) This figure represents 34.28%ofthe total County Gross Debt of $ 984,703,577.(5) This figure represents 33,84% of the total County Gross Debt of $1,244,155,190(6) This figure represents 32.42% of the total County Gross Debt of $1,088,024,659.p) This figure represents 31,54% of the total County Gross Debt of $1,099,534,929,
The table below lists the prmcipal and interest repayment schedule on all outstanding bonds of the City
from 2018through 2040.
Combined Principal and Interest Repayment ScheduleOutstanding Bonds of the City
As of December 31,2017
CALENDARYEAR
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
TOTAL
COMBINEDTOTAL
73,296,840
73,157,100
76,782,940
71,347,663
45,427,173
37,420,749
30,164,117
25,011,663
22,979,672
22,980,619
16,456,429
16,453,639
11,040,859
11,085,113
11,106,145
11,152,524
7,580,449
7,443,599
7,222,680
6,557,338
6,423,825
6,288,563
6J30,500
_s_6Q3^ums
GENERAL53,668,057
58.544,985
64,349,812
60,964,11^1
37,898,854
30,806,135
24,103,464
21,863,200
19,723,453
19,611,790
14,132,877
13,985,472
8,435,170
8.325,381
8,192,454
8,065,946
7,580,449
7,443,599
7,222,680
6,557,338
6,423,825
6,288,563
6,130,500
S SOn.318.117
PENSION7,233,435
3,880,375
4,021,257
4,166,738
4.354,641
4,630,161
4,077,966
1,498,789
1,608,334
1,728,871
1,859,306
1,993,685
2,136,052
2,285,315
2,445,246
2,614,479
S ^0^34.647
WATER5,250:243
3,880,940
3,953,011
3,427,963
1,985,527
794,903
798,238
467,249
465,085
462,559
464,245
474/182
469,638
474,418
468,446
472,099
<K ^d.3n<).04?_
SCHOOL5,561,763
5,256,763
2,869,646
2,788,848
1,188,150
1,189,550
1,184,450
1,182,425
1,182,800
1,177,400
S 23^81.795
In addition to the debt service requirements on outstanding bonds, the City also pays debt service on notes.Notes generally mature within one yesr from their date of issuance. Notes, other than tax appeal refunding notes,may be renewed three times without principal payments and must then be amortized over a ten-year period (unlessrefunded by bonds). The debt service payable on notes depends on the interest rate established upon the renewal ofthe notes. For Calendar Year 2013 the amount was $5,543,710, for Calendar Year 2014 the amount was $5,634,563,for Calendar Year 2015 the amount was $5,108,063 and for Calendar Year 2016 the amount was $6,928,999. ForCalendar Year 2017, the City budgeted $2,619,270 for debt service on the notes and for Calendar year 2018 the City
Budgeted $1,997,200.
Other City-ReIated Obligations
Rockaway Valley Regional Sewerage Authority^ la compliance with a court decree, the City enteredinto an agreement, dated July 30, 1971, with tlie Rockaway Valley Regional Sewerage Authority ("RVRSA"),whereby the City agreed to share in the operating costs of the RVRSA which provides sewerage freatment servicesm the vicinity of the City's watershed properties. In 2013, 2014 and 2015, the JCMUA contributed $2,730,857. In2016 and 2017, the JCMUA contributed $3,429,757 and $2,858,130, respectively.
A-16
Under the same agreement, the City is also required to pay a share of the capital and operating cost ofconstruction of an advanced treatment sewerage facility, which the RVRSA has designed. Under the current plans,the cost of construction is estimated to be $60,000;>000, less any federal funds, the amount of which is presentlyuncertain. Based upon tlie design capacity, the City will be responsible for 37 1/2% of the excess cost offaiancingconstruction over available federal funds. The amount of the City's contribution for the new facility is a portion ofthe City's share of the operating costs outlined in the immediately preceding paragraph. The RVRSA haspermanently financed substantially all of the non-grant share of project costs with the sale of long-term tax-exemptbonds.
Jersey City Incinerator Authority. The City and the JCIA have entered into a Service Agreementpursuant to which the JCIA is responsible for the coUection and disposal of all residential and municipal solid wastefor the City, mechanical and manual street sweeping; cleaning of City owned lots, roll-off container service,recyclmg, demolition, and snow plowing, salting and snow removal. The City does not provide other disposalservices. The JCIA does not collect service fees from individual property owners.
The City appropriated $26,300,000 in Calendar Year 2011, $31,300,000 m Calendar Ye%r 2012,$33,993,916 in Calendar Year 2013, $34,600,000 in Calendar Year 2014 and $37,100,000 in Calendar Year 2015 tothe JCIA,
On October 14, 2015., the City adopted an ordinance dissolving the JCIA and assigning its powers to Citydepartments. TheJCIAwas officially dissolved April 1, 2016, The City has. merged all of the responsibilities of theJCIA into the City Department of Public Works without interruption of services. As the JCIA annual budget wasapproximately 95% funded by City appropriations, the dissolution is not expected to have any material impact onthe fmancial'strength of the City.
Jersey City Municipal Utilities Authority. The JC]\/[UA; formerly the Jersey City Sewerage Authority; isresponsible for the consfruction and operation of two pumping stations, at which sewage collected from the City andportions of the City of Union City is pumped to the secondary sewage treatment plant of the Passaic ValleySewerage Commissioners ("PVSC5') at Newark, New Jersey. The JCMUA formerly operated primary sewagetreatment plants at the sites of the pumping stations. The Passaic Valley Connection Project, consisting of thepumping stations and connecting sewer liaes, was commenced hi 1985 and completed in 1989, using certain federaland state grants and funds of the JCMUA, for which the JCMUA issued its bonds. The City of Bayonae and theTown of Keamy each, separately, sought and obtauied permission to hook up their own- sewage transmission lines toa portion of the JCMUA 's lines, and have agreed to share the costs of the common portions used by them.
The indebtedness of the JCMUA as of December 31, 2017 was $152,246,522. The JCMUA imposes usercharges on all sewer users in its service area, at the rate of $5.64 per 100 cubic feet of water consumption. TheJCMUA imposes user charges on all water users in its service area, at the rate of $4:14 per 100 cubic feet of waterconsumption. From its user charge revenues, the JCMUA is required to pay its debt service costs a&d operatingcosts of the pumping stations and collector, system. The JCMUA also pays, from user charges; operating charges ofPVSC which are the obligation of the City.
Pursuant to a Sewer Service Contract between the City and tlie JCMUA, dated as of December 1,1985 (the"Sewer Service Agreement"), the City is obligated to pay to the JCMUA any amounts by which the JCMUA's seweroperating expenses and amounts required to be paid or set aside under the JCMUA's bond resolution for its sewerbonds exceed the JCMUA's revenues from user charges. The JCMUA is obligated to increase user charges m futureyears to make up any such deficiency, and to pay back sums advanced by the City under the Service Contract. Nopayments by the City have been required since the execution of the Sewer Service Contract.
The Municipal Council adopted an ordinance on December 10; 1997 to reorganize the Sewerage Authorityas the JCMUA. The JCMUA and the City initially entered into a water services franchise and service agreement onApril 1, 1998 (the "Initial Water Franchise Agreement") pursuant to which a) the JCMUA obtained a franchise fromthe City to operate the City's Water System for a ten year period which was to terminate on jMarcli 31, 2008 and b)the City agreed to provide security for the holders of the obligations of the JCMUA related to the Water System,
A-17
The JCMUA and the City agreed in the Amended and Restated Water Services Franchise and ServiceAgreement dated as of May 1, 2003 (the "2003 Amended Water Franchise Agreement") to: a) provide for theacquisition by the JCMUA from the City of an extension of the franchise granted under "the Initial Water FranchiseAgreement, in order to operate the Water System tb-ough March 31, 2028 (the "2003 Project") and b) provide forthe City to continue to provide security to the holders of obligations of the JCMUA which are issued for or withrespect to the Water System for the extended franchise period.
In September 2005, the City and the JCMUA entered, into the 2005 Amended and Restated Water ServicesFranchise and Service Agreement (the "2005 Amended Agreement" and together with the Initial FranchiseAgreement and the 2003 Amended Water Franchise Agreement, the "Water Franchise Agreement'") to reflect apayment schedule for the cost of acquiring the City's water franchise that more accurately reflects the projectedavailability of revenues to the JCMUA. Pursuant to the Water Franchise Agreement, the JCMUA has agreed to paythe City certain, amounts annually from January 1, 2005 to December 31, 2027 for the rights to such franchise, andthe City has agreed to convey such franchise rights to the JCMUA and to provide for the payment annually, ifnecessary, of any deficiencies in Water Revenues of the JCMUA in connection with the Water System. As requiredby the Water Franchise Agreement, the City, by ordinance adopted on September 14, 2005, consented to theJCMUA's issuance of $17;000,000 Water Revenue Refundmg Bonds on December 13, 2005, which are secured bythe provisions of the Water Franchise Agreement and the Sewer Service Contract.
The Water Franchise Agreement is subject to the existing private management operating agreement ineffect between the City and United Water Resources executed in 1996.
Under the Water Franchise Agreement, the City will continue to authorize indebtedness for necessary watercapital improvements and the JCMUA will continue to be responsible to reimburse the City for debt service on thisindebtedness. The City will also continue its obligation, to make payments of any necessary annual charges ordeficiency payments in the event the JCMUA does not collect sufficient revenues in any year to provide for theexpenses of operation of the Water System; to matatam required reserves, and to pay annual water related debtsemce when due. Since 1998, the City has not been required to make any annual payment to the JCMUA under theWater Franchise Agreement. The JCMUA has taken a number of financial measures to assure that it can meet all ofits operations, maintenance and debt service obligations, including requu'ed payments to the City pursuant to theWater Franchise Agreement. These measures include (i) the provision of necessary improvements from time to timeto the water and sewer system, (ii) the amendment of the Water Franchise Agreement in order to reschedule theannual payments to the City to more accurately match the revenues projected to be generated by the JCMUA duringthe life of the Water Franchise Agreement, which, runs through December 31, 2027, (iii) a rate increase of 15%effective July 1, 2005, (iv) the approval by the JCMUA of annual CPI rate increases, and (v) the restructuring ofcertain outstanding water and sewer system debt of the Authority based upon the projected revenues once the rateincreases are in effect and the financial measures implemented.
Jersey City Medical Center. The Jersey City Medical Center is a voluntary not-for-profit hospitalindependent of the City, Previously, the Medical Center had been a public hospital.
The City contributed $12 million for the construction cost of a new hospital facility in the Liberty HarborNorth Redevelopment Area to replace the old Medical Center's buildings. The new building started operation onMay 15,2004.
The County of Hudson
The City is located in the County and, in accordance with the regulations governing fmancial reporting forNew Jersey .Municipalities, a pro rata share of certain direct debt of the County is treated as "Overlapping Debt" ofthe City for financial reporting purposes. See "Schedule of Overlapping Debt" herein,
The County issues its bonds and notes for the financing of capital projects of the County, including Countyroads, buildings, parks and educational facilities. Major facilities of the County that were financed in recent yearsinclude a golf course and administration building. In addition; the County guarantees certain of the debt of theHudson County Improvement Authority.
A-18
The gross debt of the County as of December 31, 2017 was $869,929,296 and its net statutory debt was$495,001,619.
Mlunicipal Qualified Bond Act
In addition to being secured by the pledge of the City's full faith and credit, certain bonds of the City areentitled to the benefits of the Municipal Qualified Bond Act, Title 40A of the New Jersey Statutes, Section 40A:3°1,et seq,, as amended (the "Municipal Qualified Bond Act"), Pursuant to the Municipal Qualified Bond Act; a portionof certain State aid allocated to the City, m amounts sufficient to pay debt service on such bonds, is to be witbheldby the State Treasurer and forwarded to the paying agent on or before fhe principal and interest payment: dates forsuch bonds for deposit into accounts established for the purpose of paying debt.service on such bonds.
Pursuant to the provisions of the Municipal Qualified Bond Act, the City shall certify to the State Treasurerthe name and address of the paying agent, maturity schedule, mterest rate or rates and dates of payment of debtservice on any Qualified Bonds withm. ten days after the issuance thereof. After receipt of such certificate, the StateTreasurer is required to withhold with respect to such bonds from the amount of business personal property taxreplacement revenues, gross receipts tax revenues (now known as "energy receipts" tax revenues); municipal
purposes tax assistance fund distributions and certain other funds appropriated as State aid payable to the City andnot dedicated to a specific purpose by the State (the "municipal qualified revenues") an amount which will besufficient to pay debt service on such bonds as it becomes due. Municipal qualified revenues do not include Aid toDistressed Cities.
The Municipal Qualified Bond Act provides that the municipal qualified revenues so withheld and paid orto be paid to and held by the paying agent are deemed to be held in trust and exempt from being levied upon, taken,sequestered or applied toward paying the debts of the City other than the payment of debt service on any suchQualified Bonds of the City issued for municipal purposes (including fiscal year adjustment or pension obligationpurposes) or water utility purposes and entitled to the benefits of the Municipal Qualified Bond Act.
The Municipal Qualified Bond Act does not relieve the City of its obligation to include in its annual budgetamounts necessary to pay, in each year, the principal of and interest becoming due on any such Qualified Bonds.However, such budgeted amounts may be applied to the payment of operating expenses of the City for the thencurrent year to the extent that appropriated amounts have been withheld from the municipal qualified revenuespayable to the City and have been forwarded to the paying agent. Such budgeted amounts must be used to pay debtservice becoming due on any such Qualified Bonds of the City issued for municipal purposes (includmg fiscal yearadjustment or pension obligation purposes) or water utility purposes and entitled to the benefits of the MunicipalQualified Bond Act in any year in which sufficient municipal qualified revenues are not appropriated.
The State has covenanted, in the Municipal Qualified Bond Act with the holders of bonds entitled to thebenefits of such act, that it will not repeal, revoke, rescind, modify or amend the provisions of such act providing forthe withholdmg of municipal qualified revenues and payment of such revenues to the paying agent for such bonds soas to create any lien or charge on or pledge, assignment, diversion, withholding payment or ofher use of or deductionfrom such revenues which is prior in time or superior in right to the payment of debt service on such bonds.
The Municipal Qualified Bond Act does not contain a pledge or guarantee that any amounts payable to thePaying Agent "will, in fact, be made or continued. Each such annual amount is subject to appropriation by the StateLegislature, Moreover, the State is not required to continue to make appropriations of such amounts, nor is the
State limited or prohibited from repealing or amending any law heretofore or hereafter enacted for the payment orapportionment of such amounts or in the manner, time or amozmt thereof. Further, the amount payable to the
Paying Agent does not constittite an additional source of revenues available to the City.
The table below shows the qualified revenues, debt service on bonds subject to the Municipal QualifiedBond Act, and coverage ratios for the last five years. State aid is distributed by the State to the City on a "phasedaid" schedule.
A-19
December December December December December31,2017 31,^016 31,2015 31,2014 31,2013
Qualified Revenues:
Energy Receipt Tax: • $53,436,478 $53,091,740 $53,091,740 $52,031,160 $51,682,679
Consolidated Municipal PropertyTaxReliefAct: 10,408,207 10^31,997 1_OJ52,945 11.813,525 12.162,006
Total Qualified Revenues: $63^44.685 $63.523.737 $63.844.685 63.844.685 63.844.685
Debt Service:
General Improvement Bonds: 42,143,841 35,904,554 42,287,805 43,533,669 43,127,075
Water Bonds; 3,875.431 3.837 J78 3.493.569 4.361.300 5.254,995
Total Debt Service: ^46^19^22 ^3^74X332 M5^78U74 $46.894.969 fi48.427.070
Coverage Ratio: 1.387 1.598 1.39 1.36 1.32
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 Unaudited Annual Financial Statement
The City has outstanding bonds, notes and loans for municipal purposes which are not entitled to thebenefits of the Municipal Qualified Bond Act. The debt service for the calendar year ending December 31, 2017was $16,922,596 for such bonds, $2,258,266 for notes and $126,229 for such loans. The debt service for thecalendar year ending December 31, 2016 was $19,657,505 for such bonds, $6,929,000 for notes and $126,223 forsuch loans. The debt service for the calendar year ending December 31, 2015 was $6,934,388 for such bonds,$5,108 J03 for such notes and $531,945 for such loans. The debt service for the calendar year ending December 31,2014 was $5,507,931 for such bonds, $5,108,063 for such notes and $531,945 for such loans. The debt service forthe calendar year ending December 31, 2013 was $4,781,723 for such bonds, $5,543,710 for such notes, and$527,833 for such loans. The City may also be responsible for the payment of debt service on. the bonds issued bycertain independent authorities. See "CITY INDEBTEDNESS AND DEBT LIMITS - Other City-RelatedObligations" herein.
Certain outstanding issues of General Improvement Bonds, Pension Obligation Bonds, Water Bonds andFYABs of the City are entitled to the benefits of the Municipal Qualified Bond Act and certain School Bonds of theCity are entitled to the benefits of the School Qualified Bond Act, Title ISA of the New Jersey Statutes, Section18A:24-85e^eg.
School Qualified Bond Act
In addition to being secured by the pledge of the City's full faith and credit, certain bonds of the City areentitled to the benefits of The School Qualified Bond Act, Title 18A of the New Jersey Statutes, Section 18A:24-85et seq., as amended (the "School Qualified Bond Act"). Pursuant'to the School Qualified Bond Act, a portion of theamount of State school aid payable to the school district, in. amounts sufficient to pay debt service on such. bonds; isto be withheld by the State Treasurer and forwarded directly to the paying agent on or before the principal andinterest payment dates for such bonds. Those funds are farther deposited into.accounts established for the purposeof paying debt service on such bonds.
Pursuant to the provisions of The School Qualified Bond Act, the City shall certify to the State Treasurerthe name and. address of the paying agent, maturity schedule, interest rate or rates and dates of payment of debtservice on such bonds within ten days after the issuance thereof. After receipt of such certificate, the State Treasureris required to withliold with respect to such bonds from the amount of State school aid payable to the school districtan amount which will be sufficient to pay debt service on such bonds as it becomes due. For purposes of The
A-20
School Qualified Bond Act; "State school aid" means funds made available to local school districts pursuant to theQuality Education Act of 1990, N.J.S.A. 18A:7D-4.
The School Qualified Bond Act provides that the State school aid so withheld and paid or to be paid to andheld by the paying agent are deemed to be held in trust and exempt from being levied upon; taken; sequestered orapplied toward paying the debts of the City other than the payment of debt service on such bonds and other bonds ofthe City issued for school purposes and entitled to the benefits of the School Qualified Bond Act.
The School Qualified Bond Act does not relieve the City of its obligation to include in its annual budgetamounts necessary to pay, m each year, the principal of and interest becoming due on such bonds. However, such
budgeted amounts will be forwarded by the City to the school district, to the extent that appropriated amounts havebeen withheld from the State school aid payable to the school district and have been forwarded to the paying agent.Such budgeted amounts must be used to pay debt service becoming due on such bonds and other bonds of the Cityissued for school purposes and entitled to the benefits of the School Qualified Bond Act m any year in whichsufficient State school aid is not appropriated.
The State has covenanted in The School Qualified Bond Act with the holders of bonds entitled to thebenefits of such act, that it will not repeal, revoke, rescind, modify or amend the provisions of such act providing forthe withholding of State school aid and payment of such monies to the paying agent for such bonds so as to createany lien or charge on or pledge, assignment, diversion, withholding payment or other use of or deduction from suchmonies which is prior in time or superior in right to the payment of debt service on. such bonds.
The School Qualified Bond Act does not contain a pledge or guarantee that any amounts payable to thePaying Agent -will, in fact, be made or continued. Each such annual amount is subject to appropriation by the StateLegislature. Moreover, the State is not required to continue to make appropriations of such amounts, nor is the State
limited or prohibited from repealing or amending any law heretofore or hereafter enacted for the payment of suchamounts or in the manner, time or amount thereof. Further, the amount payable to the paying agent does not
constitute an additional source of revenues available to the City.
The table below shows the qualified revenues, debt service on bonds subject to the School Qualified BondAct, and coverage ratios for the last five years.
Qualified SchoolRevenues:
Total SchoolDebt Service:
Coverage Ratio:
December
3L 2017
$475,807,171
7,105,819
66.96
December31^2016
$422,092,541
13,361,441
31.59
December31^2015
$417,805,515
9,999,304
41.78
December
31,2014
$417,859,150
10,483,807
39.86
December31,2013
$ 419,644,829
12,190,025
34.43
New Jersey School Bond Reserve Act
All school bonds issued are also entitled to the benefits of the provisions of the New Jersey School BondReserve Act, P.L. 1980 (N.J.S.A. 18A:56-17 et seq.) (the "School Bond Reserve Act"),
In accordance with the School Bond Reserve Act, there is established within the State Fund for the Supportof Free Public Schools (the "Fund") a school bond reserve (the "Reserve"), which is pledged by law to securepayments of principal and interest due on such bonds m the event of the inability of any issuer thereof to malcepayments. The school bond reserve consists of two accounts; the old school bond reserve account and the newschool bond reserve account. The old school bond reserve account is to be funded in an amount equal to 1.5% of theaggregate of such issued and outstandmg bonded indebtedness for all counties, municipalities and school districts mthe State for school purposes for all such indebtedness issued prior to July 1; 2003. The new school bond reserve
A-21
account is to be funded in an amount equal to 1% of the aggregate of such issued and outstanding bondedindebtedness for all such indebtedness issued on or after July \, 2003.
The Fund was established in 1817. The present State Constitution, adopted in 1947, provides that "theLegislature shall only appropriate Fund moneys for Public School purposes." A Constitutional Amendment ratifiedin 1958 provides that "the Legislature may also appropriate Fund moneys for the payment of principal or interest onany school related Bonds of counties, municipalities or school districts of the State."
Trustees of the Fund are charged with making an annual determination of the amount of school bondsoutstanding and with adjustmg the level of fhe Reserve accordmgly, to the extent that moneys are available in theFund. The State may, but is not required to, appropriate amounts to be deposited m the Fund. The School BondReserve Act provides that moneys received from the sale of lands belonging to the State as of 1980 or formerlylying under water are dedicated to fee support of public schools and shall constitute a part of the Fund. In the eventthat proceeds from the sale of State riparian interests are, in the future, made payable by law to purposes other thanthe Fund, they may not be applied to such purposes so long as there is a deficit in the Reserve.
The State Constitution also provides that the Fund be "securely invested and perpetual m nature." TheSchool Bond Reserve Act requires that the Reserve be made up entu-ely of obligations of, or guaranteed by, theUnited States Govemment, at least one third of which must mature within one year of issuance or purchase.Investments hi the Fund may include stocks, bonds and other investments prescribed by the State InvestmentCouncil Regulations.
Under the School Bond Reserve Act, the old school bond reserve account and the new school bond reserveaccount respectively, are pledged as security for the prompt payment ofprmcipal of and interest on bonds issued bycounties, municipalities or school districts for school purposes prior to July 1, 2003 (is- the case of the old schoolbond reserve account) or on or after July 1, 2003 (in the case of the new school bond reserve account), in the eventany issuer thereof is unable to make payment. Any issuer which anticipates that it will be unable to make suchpayment is instructed to certify its mability to the Commissioner of Education and the Director of the Division ofLocal Finance at least 1 0 days prior to the date payment is due. If the Commissioner and the Director approve thecertification, they then certify the same to the Fund Trustees. On receipt of the certification or other notice, theTrustees are required, within the limits of the Reserve, to purchase such bonds at the face amoimt or pay suchinterest when due. The amount which may be applied to any one issuer's bonds is not limited. The amount of anysuch payment of interest or purchase price shall be deducted from. the appropriation or apportionment of State aidpayable to the issuer and shall not obligate the State to make, nor entitle the issuer to receive, any additionalappropriation or apportionment. There have not been any required withdrawals from the Reserve since itsestablishment
The School Bond Reserve Act does not contain a covenant by the State to refrain from repealmg, revoking,rescinding, modifying or amending the provisions of that act.
CITY FINANCIAL INFORMATION
State law requires every municipality to have an annual audit of its books and accounts to be completedwithin six months after the close of its fiscal year. The audit must be conducted by a registered municipalaccountant and the audit report must be filed with the municipal clerk and with the Director.
Copies of the Annual Financial Statements are available for inspection during iLorm-al business hours at theoffice of the City Clerk and a copy of the City's Audited Financial Statements for the Calendar Year endedDecember 31,2016.
A-22
Accounting Principles and Fund Structure
Accounting Principles.The City does not prepare its financial statements m accordance with generally accepted accounting
principles ("GAAP"). The City prepares its financial statements m accordance with the accounting policiesprescribed by the Division, which differ from those prescribed under GAAP. The accounting policies prescribed bythe Division are designed primarily for determining compliance with legal provisions and budgetary restrictions andas a means of reporting on the stewardship of public officials with respect to public funds. See '"FINANCIALSTATEMENTS OF THE CITY OF JBRSEY CITY" in APPENDDC B for a more complete discussion of the City'saccounting policies.
Fund Structure.
Under the method of accounting prescribed by the Division, the City accounts for its fmancial transactionsthrough separate funds which differ from thp fund structure required by GAAP. See "FINANCIAL STATEMENTSOF THE CITY OF JERSEY CITY" m APPENDIX B herein for a detailed description of the fund structure utilizedby the City.
Basic Financial Statements.The City presents the financial statements which are required by the Division and which differ from the
financial statements required by GAAP. In addition, the Division requires the fmancial statements to be referencedto the supplementary schedules. This practice differs from GAAP.
Reporting Entity,,The Division requires the financial statements of component units of the City to be reported separately
imlilce GAAP pursuant to which there are criteria to be used to de.termine which component units should be mcludedin the fmancial statements of the oversight entity. Inasmuch as their activities are administered by separate boards;the financial statements of the Jersey City Board of Education, Jersey City Public Library, Jersey City IncineratorAuthority, Jersey City Municipal Utilities .Authority, Jersey City Parking Authority, Jersey City Municipal PortAuthority and Jersey City Redevelopment Agency are reported separately.
Uniform Chart of Accounts
la an attempt to iastill uniformity in financial reporting among the numerous municipal and county entitiesm New Jersey, the Division of Local Government Services has required the implementation of a Flexible Chart ofAccounts ("FCOA") and Other Comprehensive Basis of Accoun.ting — Comprehensive Annual Financial Report("OCBOA-CAFR") by all New Jersey local and governmental entities. Procedures as to implementation dates arestill pending by the State.
An important goal of the FCOA is to enable a comparison of local unit expenditures and revenues.Because municipalities and counties have different approaches to budgeting, common budget activity categorieshave been developed to facilitate comparison. These categories are necessary to prepare the Comprehensive AnnualFinancial Report and comply with budget regulations.
In order for each municipality and county to maintam the same mmimum number of financial records andclassify financial transactions in similar account classification structure; a uniform; flexible chart of accounts isakeady in place. This standardized chart of accounts, ("FCOA"), facilitates the electronic filing of budgets andother financial documents. The City converted its existmg account numbers to that ofFCOA and OCBOA°CAFR.
Current Fund - Revenues and Expenditures
The Current Fund is used to account for the revenues and expenditures for governmental operations of ageneral natire, including debt service on general improvement and school bonds, and tax appeal refunding notes.The fund balance in the Current Fund at the end of each fiscal year is comprised of cash, investments and certainreceivables. Under State law, only the amount of Current Fund balance held in cash or quick assets may be includedas anticipated surplus m the succeeding fiscal year's budget, unless the Director gives written consent to anexception.
The information presented in the followmg tables has been derived from the City's Audited FmancialStatements for fiscal years ending December 31; 2013, December 31,2014, December 31,2015, December 31,2016and December 31, 2017. The fund balance does not reflect a cash surplus and the balance consists primarily ofreceivables. The amount of the fund balance that may be used in the succeedmg year's budget consists ofreceivables which have a high probability of being realized in the succeedmg fiscal year and which are permitted bythe Director to be mcluded in the succeeding year's budget. The fund balances as of 2012 through 2016, and theamounts included ia the budget for each succeeding year are shown below:
Fiscal Year Current Fund Used in SucceedingEnding Fund Balance Year Budget
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 unaudited Annual Financial Statement
The following table summarizes the Current Fund revenues for the last five years with a comparison ofbudgeted revenues and expenses to actual amounts. The tables on the succeeding pages set forth the City sappropriations for the last five years and show the operations and changes m the Current Fund over the past fiveyears.
A-24-
Revenues
In ThousandsDecember 31,2017 December 31, 2016 December 31,2015 December 31,2014 December 31,2013
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 unaudited Annual Financial Statements.Includes amendments to the budget subsequent to adoption, such as grant awards.
A-25
Operating Expenses
Salaries and Wages.Pensions.
Health BenefitsDeferred Charges.Other ExpensesReserve for Uncollected Taxes
Total.
Capital Debt Service.School Debt ServiceTax Refunds and
Debt Service(l)
Total.
December31,2017
$ 234,30157,874
107,4496,932
121,6174,881
533,054
65,4197,106
1.583
607.162
AppropriationsIn Thousands
December31,2016
$ 228,89756,519
105,7448,427
105,6523.847
509,086
62,03413,361
4,629
December31.2015
$ 216,60551,05978,578
8,983131,090
3.500489,815
50,3219,999
11.528
$ 561.663
31,2014
$ 213,57048,94875,556
8,074116,251
1.847464.246
45,43110,484
14.295
S 534.456
December31,2013
$ 198,09851,18475,01422,609
113,2791.528
461.712
51,69112J90
7.013
£ 532.605
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 Unaudited Annual Financial Statement.tl) Represents payments for bonds issued by prior administrations to finance operating deficits and refunds of past property tax over-charges.
A-26
Statement of Operations and Changes in Fund Salance In Thousands
Revenue and Other Income Realized:Fund Balance Utilized.Miscellaneous Revenue Anticipated.Current Year Taxes
Delinquent TaxesNon-Budget Revemie
Other Credits to Income:JCMUA Franchise Extension Fees
Unexpended Balance of Appropriations ReservesCancellation of ReservesCancellation of Contracts Payable & Checks.Miscellaneous.
Interfunds LiquidatedTotal Revenue and Qtlier Income Realized.
Expenditures:Budget and Emergency Appropriations:Appropriations Within "CAP" Operations:
Salaries and Wages.Other ExpensesDeferred Charges mid StatutoryExpenditures.
Appropriations Excluded from "CAP" Operations:Salaries and Wages.Other ExpensesCapital ImprovementsMunicipal Debt Service.Deferred Charges — Municipal.
Local School District Puqioses.Reserve for Uncollected Taxes
School Taxes.
County TaxesAmount Due County on Added & Omitted Taxes
Miscellaneous.
Interfunds Created,Total Expenditures
Excess (Deficit) in RevenueAdjustments to Income before Fund Balance:
Special Emergency Authorization Storm SandyOver expenditure of Appropriations
Expenditures included above which are by StatuteDeferred Charges to Budget of Succeeding Year:
Special Emergency AppropriationsR.evaluation of Properties
Contractual Severance LiabilitiesExcess in Operations After Adjustmeut................................. .
Fund Balqnce Beginning of Year.
Amount Utilized as Anticipated RevenueFund Balance, End of Year.
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City
December
31,2017
$ 39,960332,596488.631
1,8295.162
18,988-0-
1,2311,423
_44.519
934.339
223,503176,651
December31,2016
$ 20,746338,806472,570
5592,760
14.00013.999
-0-
1,3922.396
3ii_
867.539
228,897165,850
December
3L 2015
$ 25,723305.759452,048
1,4611,185
7,569468
1,7115.80
246796.750
216,603179,688
Secember31,2014
$ 16,413293,S04446,147
9572,013
8,1054,616
591104
5.392778.142
213,570153,234
Decemtier
3.L2913
$ 16,707290.512440,629
1.0281,699
4,6741.4771.032
691254
758.661
198.098159,532
64,806
17,55478.92096,47439.960
5JA
56,519
5,000
48,96050.70699.66620.746
51,059
8,000606
31,184
35,455300
67,0026,9337,1064.881
115,448128,955
1,49071,97012.094
916.78517,554
44,3441,200
66,6638,427
13,3613,847
113,283117,725
1,0712.348
45823.57943,960
29,949314
61,8098,9839J563,500
111,062105,866
8514,702
311784.455
12,295
37,5731,000
59,7268.074
10,484L847
109,149102,513
2,1603,911
246752.43525,707
35,782600
58,70514,98812,1901,528
107,39297,853
8,30496
746.251.
12,410
9.50021,91033.53155,44116.707
and 2017 Unaudited Annual Financial Statements
A-27
Overview
The City derives its revenues from a variety of local taxes, user charges and miscellaneous revenues, as well asfrom Federal and State unrestricted and categorical grants. Local revenues provided approximately 8% of totalrevenues in Calendar Year 2016 while Federal and State aid, including unrestricted aid and categorical grants, provided11.6%. A discussion of the City's prmcipal revenue sources follows.
Cash Flow Management
WMle State law requires the City to adopt and operate under a balanced budget and the City has not had a cashdeficit at the end of any of the last ten. fiscal years, the City's historic experience in the timing of the receipt of itsvarious revenues has shown significant variance. The management of matching receipts and expenditures for operatingpurposes has required the use of significant amounts of temporary iaterfund transfers between operatiag and capitalaccounts. The City has undertaken an initiative to analyze and report, cash flows (receipts and expenditures) on amonthly cycle to enable better matching of receipts with expenditures during each fiscal year. However, as long as thereceipt of substantial appropriated revenues is dependent upon State, Federal and special program sources, there is nocertainty that additional temporary mterfund transfers or other short-term funding mechanisms wiU not be requiredshould temporary cash flow imbalances persist.
Real Estate Tax
The real estate tax, the single largest source of the City's local revenues, is the primary source of funds for theCity's Current Fund. The City derived approximately 39.86% of its total revenues for Calendar Year 2016 from theCity's portion of the real estate tax.
The amount of real property taxes payable by a property owner is based on the assessed value of the propertytaxed and ttie combmed tax rate for the City, the County and fhe School District. The assessed value of property isdetermined by the City's Tax Assessor. Although property may be reassessed at any time, the Tax Assessor generallyreassesses property upon a revaluation and upon a resale. The last revaluation took place m 1988. The City's tax rate isdetermined by the City after adopting the final budget. The City's tax rate is determined based on the amount of
budgeted expenditures, the amount of other available revenues and the aggregate assessed value of all taxable propertyin the City. The tax rates allocable to the Comity and School District are determined based on their respective budgets.The City must submit its tax rate to the Coimty which certifies the aggregate rate to be levied.
Analysis of Tax Rates and Percent Distribution Rate Per $1,000 Assessed Valuation
Year
20172016201520142013
Total
$78.00
77.01
74.82
74.34
74.66
Municipal^
$38.11
$37.83
37.73
37.68
38.45
Percent ofTotal
48.88%
49.12%
50.43%
50.69%
51.50%
County
20.28
18.96
17.49
17.12
16.51
Percent ofTotal
26.00%
24.62%
2338%23.03%
22.11%
County OpenSpace Tax
$0.43
0.36
0.17
OJ70.07
Percent ofTotal
0.55%
0.47%
0.23%
0.23%
0.09%
School
$19.18
19.86
19.43
19.37
19.63
Total
24.59%
25.79%
25.97%
26.06%
26.29%
(I) Includes library taxSource: Derived from the County Board of Taxation Certification
Tax Collection Procedure, Taxes are payable quarterly on February 1; M.sy 1, August 1 and November 1.Tax bills are sent out twice during the year;, generally in June and December. The bill for taxes payable in February andMay is based on the assessed value of the property as of January of the preceding year. The bill for taxes payable mAugust and November reflects adjustments made so that tl'i.e taxes paid for the calendar year reflect the assessed valueof the property as of January of the current year.
The City is required to send out tax bills at least 45 days before the taxes are due; however, if the budget hasnot been adopted by that time, the City may delay sending out the bills to a date at least 25 days before the taxes arepayable. If the budget has not been adopted by that time; the bill is based on an estimated rate and the second bill willbe adjusted to compensate for any difference between the actual rate and the estimated rate. Taxpayers are allowed a10-day grace period for paying their taxes. Interest is charged on any late payments of taxes from the date the taxes
A-28
were due until they are paid at a rate of 8% per annum for the first $1,500 of delinquent taxes and 18% on anydelmquent amount in excess of $1,500. AU unpaid taxes for the previous year are annually placed in a tax sale prior toputting a lien on the property, in accordance with the New Jersey Statutes. If the tax lien is sold, depending upon. theamount of the lien sold; there is an. additional penalty of 2%, 4% or 60/o. In rem tax foreclosure proceedings may beinstituted to enforce the tax collection or acquisition of title to the property by the City.
The City collects taxes for itself and for the County and the School District. The City pays to the County andthe School District 100% of the amount of taxes billed by those entities, regardless of the number of taxpayers that aredelmquent. The City pays the County its share of real property taxes quarterly (on February 15, May 15, July 15 andNovember 15) and pays the School District its share monthly.
Equalization Rate and Tax Collection Rates
The State determines; based on market data, the relationship between the assessed value of property and the"true value" or market value of the property. The State then calculates the equalization rate, which is the assessed valuedivided by the frue value; expressed as a percentage.. The assessed value divided by ttie equalization rate provides theequalized value, which is the value used to calculate the City's debt limit. See "CITY INDEBTEDNESS AND DEBTLDvIITS ~ Debt Limits" herein. The following table sets forth the assessed valuation, equalization rate and equalizedvalue of property in the City of the last 7 calendar years.
Assessed Valuations
Year
2017
2016
2015
2014
2013
2012
2011
Land
$1,647,040,070
1,655,155,703
1,578,755,314
1,548,586,503
1,503,278,191
1,500,089,405
1,515,126,836
Improvements
$4,636,825,818
4,493,719,645
4,401,341,030
4,430,998,768
4,362,050,129
4,376,448,593
4,442,100,557
Land andImprovements^
$6,283,865,888
6,148,875348
5,980,096,344
5,916,171,471
5,795,484,581
5,786,339,559
5,834,023,804
PersonalProDert"
$15,291,070
17,185,090
17,672,253
16,605,073
19,086,697
21,453,769
19,573,239
Net ValuationTaxable<2>
$6,229,997,658
6,093,045,338
5,997,768,597
5,932,776,544.
5,814,571,278
5,807,793,328
5,853,597,043
EqualizationRatio
23.66
27.63
30.02
30.02
31.24
32.72
31.35
EqualizedValuation ofTaxable Real
Property
$26,609,970,848
22,375,519,222
20,246,400,032
19,707,433,281
18,570,573,832
17,705,865,624
18,628,899,568
Source: TheCity of Jersey City, Office of the Tax Assessor
^ Includes partial exemptions and abatements.
Excludes properties exempt from real property taxes.
Taxpayers are required to pay taxes based on the assessed value of their property and tben. are permitted toappeal. If the taxpayers are successful on appeal, they will receive a refund. Appeals by property owners required theCity to make refunds of tax payments in the amounts of approximately $4.3 mlUion in. 2012, $7.4 nullion in 2013, $5.4million, in 2014 and $5.2 million in 2015. The City is authorized to issue bonds to remiburse itself for payments madepursuant to successful tax appeals. The City has not authorized the issuance of bonds to fund tax appeals smce 2012.See "CITY INDEBTEDNESS AND DEBT LMTS - Exception to Debt Limit - Real Property Tax Appeal RefundingNotes" herein.
On September 14, 2016, the City adopted a special emergency appropriation of $5 million for the preparationandexecutionof a complete program of revaluation of real property for the use of the local assessor.
The followmg table sets forth the amount of taxes levied m each year and the amount and percentage of suchlevy collected or canceled. In addition, the table sets forth the amount and percentage of delinquent taxes from all prioryears collected in a particular year, the amount transferred to tax lien, the tax lien balance, a&d the value of foreclosedproperty acquired by tbe City. The tax collection rate in the Calendar Year ending December 31,2016 was 98.70%.
A-29
Analysis of Real Estate Tax Billings and Collections
Tax Billings
Municipal0-*
School
County
Total Billings
Taxes Collected
Percent Collected
Taxes Canceled or Remitted
Delinquent Taxes Collected,Including Liens
Total Current andDelinquentCollected
Percent Collected^
Delmquent Tax BalanceCurrent Year
Prior Year's Tax Balance
Taxes Receivable BalanceTransferred to Tax TitleLiensCurrent Year
Tax Title Lien BalanceForeclosed PropertyBalance
December31,2017
$247,518,505
115,548,404
130.445.002
$493.511.911
488,631,141
98.50%
47 J 65
1,828,795
490,459,936
98.89%
7,604,44,8
2,648,205
10,289,807
-0-
37,154
1,455,500
December31,2016
$233,967,802
120,985,223
118.795.203
$473.748.228
468,722,869
98.94%
3,966,143
559,368
469,282,237
99.06%
1,504,721
2,760,607
4,265,328
-0-
37,154
1,455,500
December31^2015
$229,124,333
116,490,978
106.716.687
$452.331.998
448,547,898
99.16%
3,316,205
1,461,339
451,864,103
99.89%
467,897
3,660,742
3,125,278
265,880
659,482
1,680,900
December31,2014
$230,850,029
114,923,807
104.672.969
$450.446.805
444,300,251
98.64%
6,720,278
912,146
445,212,397
98.84%
715,416
2,768,273
3,660,742
39,202
422,969
1,455,500
December31,2013
$230,843,162
114,105,988
97.852.919
£442.802.069
439,100,320
99.16%
2,606,875
1,027,576
440,127,896
99.40%
201,344
2,566,929
2,632,909
65,980
326,028
1,591,500
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 Unaudited Annual Financial Stateme-iit,
(I) Includes Minimum Library Tax of $8,565,681 for 2017, $7,220,380 for-2016, $6,574,673 for 2015, $6,190,185 for 2014, and $5,901,949 for2013(2)Includes receipts and balances of current taxes^ delinquent taxes and tsa title liens.
The ten entities that paid the most real property taxes m 2017 do not, in the aggregate, exceed 10.5% of thetotal levy. Listed below are the taxpayers whose property has the greatest assessed valuations m the City.
A-30
Ten Largest Assessed Valuations in the City
Name
NC Housing Associates
Call Harborside Associates
101 Hudson St. Associates
Newport Centre; LLC (Indianapolis)
MEPT Newport Tower
John Hancock Life Insurance
70 Columbus Urban Renewal, LLC
Newport Center (Rego Park)
WELLS KEIT
Grove Pointe, U.R.
Tax-Exempt Properties
As of January 30, 2017, approximately 18.75% of the total assessed value of the City's real property wasexempt from real property taxation. However, this number does not include certain service charges for PILOTS.
Tax-Exempt Properties in the City
2016 Assessed Valuation
Public Schools $ 299,279,600Schools Other Than Public 76,767,400Public Property 1,343 8 10,700Church and Charities . 249,823,050Cemeteries , 35,220,800Other Exempt Properties 2.608098.850
$ 4.612.800.400
Type ofBusiness
Office
Office
Office
Shopping
Office
Office
OfficeMbced-Retail, Office,Hotel
OfficeMixed - Retail, Office,Residential
2016 AssessedValuations
$ 132,666,800
120,092,000
90,855,800
58,088,000
45,000,000
43,490,400
42,775,100
39,253,400
35,625,000
34.512.100
Source; The City of Jersey City, OfGce of the Tax Assessor.
Properties in Tax Abatement
Under the provisions of State law, the City may abate the taxes payable on newly constructed commercial andresidential properties. The owners of such properties generally pay taxes on the value of the land on which the propertyis located but, pursuant to agreements with the City, pay payments-in-lieu-of-taxes ("PILOTS") on the value of theimprovements on the property instead of taxes. Such abatements are used as an incentive to encourage development inareas within the City. State law provides different abatement programs for commercial and residential development.The law allows a 15-year abatement period during which the taxes on the improvements on property could be abatedand PILOTS charged instead. The PILOTs for commercial properties were based on the construction cost of theproperty (initially 2% of the costs) or on the revenues received from leasing of the property. The law also allows for a5-year short-term abatement period m which PILOTS are based on a percentage of what the tax bill otherwise wouldhave been. Residential property is eligible for a 30-year abatement period and the PILOTS for residential property arebased either on the sale price of the property (if condominiums are mvolved) or the rent roll (for a rental property). InApril 1992, the law was amended to allow an abatement period of up to 30 years for commercial property, also duringwhich PILOT payments are the higher of an amount, based on construction costs and a percentage of the taxes thatwould have been payable. However, the City has made it a policy to only grant 30 year abatements for affordablehousing projects.
In addition to the difference between the amount of a PILOT and the amount of taxes, PILOTS differ fromtaxes in two other ways. First, PILOTs are paid to the City and no portion of the PILOT is payable to the County or theSchool District. Second, there is no incentive for a property owner to appeal the assessed value of the property while itis subject to abatement. Therefore, it is not clear whether the assessed value determined during the abatement periodwill be appealed when the property is no longer subject to abatement. When the abatement period ends, tiie propertybecomes subject to taxation on both the land and unprovements. See "CITY ECONOMIC AND DEMOGRAPHICINFORMATION" and "ECONOMIC DEVELOPMENT" herein.
The City's authority to enforce payments in lieu of taxes and the remedies available to it for delinquentpayments are the same as those for real property taxes, including sale of liens and foreclosures. In addition, the Citymay revoke the taxpayers' ability to make payments m lieu of taxes. Further, fhe City has engaged the services ofseveral independent accounting firms to review the records of properties m abatement to ensure the accurate reportingof development costs upon which payments in lieu of taxes are calculated.
Municipal Revenues From Payments In Lieu Of Taxes (PILOT)On Properties In Tax Abatement
Year Ending PILOT RevenueDecember 31,2017 $142,315,447December 31,2016 137,388,598December 31,2015 130,861,698December 31, 2014 121,966,019December 31, 2013 122,615,865
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 unaudited Annual Financial Statemennts
The estunated development cost of the 35 major commercial properties currently covered by abatementsexceeds $3 billion.
Listed below are the five entities which were responsible for the highest PILOT payments in Calendar Year2016:
Five Largest PILOT Payers
Name Payment Amount
K. HovaniaiL@77 Hudson Street $5,127,958.88
Vector 1 4,487,422.52
GSJC 30 Hudson Street UR 4,432,741.21
Port Liberte H 4:009,345.30
Call Harbor Plaza 3.731,479.14
TOTAL $21.788.947.05
Source: Derived from the City's Tax Abatement Office.
Delinquent Taxes
Delinquent taxes can be anticipated only to the extent of the last preceding year's delinquent tax collectionpercentage.
The following chart shows the amount and percentage of delinquent taxes budgeted for collection by the Cityand the amount and percentage of delinquent taxes which were actually collected m such fiscal year; for the last fiveyears. The amount of delinquent taxes represents an aggregate amount of unpaid taxes for all prior years.
Delinquent Taxes and Tax Title Liens
Year Ending
December 31,2017
December 31,2016
December 31, 2015
December 31,2014
December 31,2013
Balance ofDelinquent
Taxes at
Start of Year
$4,265,328
3,784,760
3,125,278
2,768,273
2,649,577
BudgetedAmount ofDelinquent
Taxes toBe_Collected
$812.309
1,160 J85
2,100,000
851,494
342,386
Percent ofDelinquent
Taxes
Budgeted tobe Collected
19.04%
30.67%
0.67%
0.31%
0.13%
Amount ofDelinquent
Taxes Collected
$1,828,795
559,368
1,461,339
912J461,027,577
Percent ofDelinquent
Taxes
Collected
42.88%
14.78%
0.47%
033%0.39%
Source: Derived fi-om the Calendar Year 2016 Audited Financial Statement of the City and 2017 unaudited Annual Fmanciql Statemennts
The City currently reviews the status of real property with outstanding delinquent taxes to mstitute a morerapid disposition of property through foreclosure and sale. The City usually sells tax liens annually at auction andretains unsold liens. In 2014, 2015 and 2016 the City sold an aggregate of $14,805,574, $23,996,324 and $14,584,637of tax title lien certificates, respectively.
Property Tax Reform
In recent years, the New Jersey Legislature has considered various proposals to lessen the dependence of localgovernments on property taxes and to find alternative means to fund vital governmental services.
On July 13, 2010, the Governor approved legislation which, in addition to the "Cap Law" described under"THE CITY OF JERSEY CITY ° Lmiitation. on Expenditures" above, amends the property tax levy cap that wasinitially enacted in 2007. This law puts a limitation of 2% on the property tax levy set in the annual budget. The lawallows for exclusions for capital expenditures, debt service, increases m pension, contributions and accrued liability forpension contributions in excess of 2%, and increases m health care costs in excess of 2%. This limitation may beexceeded by approval of an. affirmative vote in excess of 50% of the people votitig at a special referendum held for suchpurpose.
The tax levy limitation does not lunit the obligation of the City to levy ad valorem taxes upon all taxable realproperty within the City to pay debt service on the Notes.
Any legislation or constitutional amendments which alter the existing system of real property taxation in NewJersey may adversely affect the security and/or market value of bonds; notes and other obligations of counties andmunicipalities (such as the City).
State Aid Programs
The State of New Jersey provides financial support to local governments and school systems tb-ough variousprograms aimed at reducing reliance on the local property tax base. As described below, the City received or receives(i) urban enterprise aid, (ii) aid on distributed tax and (iii) aid on State reimbursement for certam categories oftaxpayers. The State mamtains a variety of smaller programs of grants-in-aid to municipalities m such fields ashousing, neighborhood preservation, health, and social services, and has assumed funding of other programs previouslyfinanced by the City, thereby relieving the City from funding such costly programs. The City is allowed a credit forcertain administrative charges under Federal programs.
Urban Enterprise Zone Funds. Under the State's Urban Enterprise Zone program which is administered bythe State Department of Commerce and Economic Development, Division of New Jersey Urban Enterprise Zones, threepercent (3%) of the sales tax levied by the State on certain specified goods and services paid by certified businessesoperating within specially-created urban enterprise zones is paid into a segregated account within the State's ZoneAssistance Fund for the benefit of the municipality in which the zone is located. To encourage businesses to locate inurban enterprise zones, the State exempts certified urban enterprise zone businesses from State sales taxes on equipmentand supplies utilized in daily operations; as well as building materials. Monies held for the account of a municipalitywithin the Zone Assistance Fund may be used to pay for capital projects or municipal services, following the filing of
A-33
an application by the municipality and approval of the application by the members oftlie State Urban Enterprise ZoneAuthority.
One-third of the City's total acreage qualifies as a Sfate-approved "urban enterprise zone . The City s urbanenterprise zone mcorporates the major retail corridors located within the City, as well as its primary commercial andindustrial areas. In the past, the City utilized the funds it has received under fhe State Urban Enterprise Zone Programfor capital improvements, economic development, redevelopment, special improvement districts and businessimprovement districts. However, the City has not received any funds since 2009 due to State budgetary constraints.
Distributed Taxes. The State collects various taxes for distribution to local governments. Of these. EnergyReceipt Tax (foraaerly known as Public Utilities Franchise and Gross Receipts Taxes) and Consolidated MunicipalProperty Tax Relief Aid are the two largest programs of State Aid in New Jersey and the major sources of state aid tothe City. The energy receipt tax represents taxes received by the State on properties and right-of-ways owned by publicutilities. These funds are disbursed to municipalities based on a formula reflectmg such property located within eachmunicipality. The consolidated municipal property tax relief aid, created in fiscal year 1996, consolidated 14 separatestate programs (i.e., urban aid, business personal property tax replacement aid and municipal revitalization aid) into asingle aid program. Building Aid Allowance for School represents state aid to support the public educational programsm the City mcluding aid on facilities construction and improvements.
The chart below provides the amount of State aid received by the City in the last five fiscal years. Certain Stateaid is required to be withheld by the State Treasurer and" paid to the paying agents for certain bonds of the City in anamount sufficient to pay debt service on such bonds. See "CITY INDEBTEDNESS AND DEBT LIMITS — MunicipalQualified Bond Act" and "- School Qualified Bond Act" herein.
State Aid to Jersey City
Urban Enterprise Zone Funds
Energy Receipt Tax
Building Aid Allowance for School®
Consolidated Municipal Property TaxRelief Act
TOTALS:
December31,2017
$53,091,740
3,189,788
10A08,207
$66.689.735
December
3_L_2016
53,091,740
5,926,086
10.431.997
S69.465.66C
December31,2015
53,091,740
4,569,847
10.752.945
$68.430.369
December31.2014
52,031,160
4,709,375
11.813.525
$ 68.554.060
December31,2013
$ 501,725
51,682,679
5,475,816
12.162.006
<fi 69.822,226
Source: Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 Unaudited Annual Financial Statements,() Supplemental School Tax Relief allows state-operated schools to reduce the tax levy for school purposes.
Tax Exemption Reimbursement. The State reimburses municipalities for the full cost of mandated propertytax deductions and exemptions for certain categories of taxpayers. The State reimbursed the City forseniors/veterans/disabled citizens forths calendar years ending December 31; 2013, December 31, 2014, December 31,2015, December 31, 2016, and December 31, 31, 2017, $653,544, $408,960, $516,989, $401,802 and $424,580respectively.
Summary of State/Federal Aid to School Districts
In 1973, the Supreme Court of the State ruled in Robinson v. Cahjll that the existing method of financmg,school costs principally through property taxation was unconstitutional. Pursuant to the Supreme Court's rulmg;. theState Legislature enacted the Public School Education Act of 1975 (P.L. 1975, Ch. 212) which required funding of theState's School Aid through the New Jersey Gross Income Tax Act (P.L. 1975, Ch. 47) enacted for the purpose ofproviding property tax relief.
On June 5, 1990, the Supreme Court ruled in Abbott v. Burke, that the school aid formula enacted under thePublic School Education. Act was unconstitutional as applied. The Court found that poorer urban districts weresignificantly disadvantaged under that school funding formula because school revenues were derived primarily fromproperty taxes. The Court found that wealthy districts were able to spend more, yet tax less for educational purposes.
The Quality Education Act of 1990
The Legislative response to Abbott v. Burke was the passage of the QEA (P.L. 1990, C. 52), which was signedinto law on July 3, 1990. This law established a new'formula for the distribution of State aid for public educationcommencing with the 1991-92 fiscal year. The law provided a formula that took mto account property value andpersonal income to determine a district's capacity to raise money .for public education. A budgetary limitation or
CAP" on expenditures was also provided in the law. The "CAP" was intended to control the growth in local propertytaxes. The QEA was amended and revised by Chapter 62 of the Pamphlet Laws of 1991 of New Jersey, effectiveMarch 14,1991 and further amended by Chapter 7 of the Pamphlet Laws of 1993 effective December 14, 1993.
On July 12; 1994, the Supreme Court of New Jersey declared the school aid formula under the QEA, asamended, unconstitutional on several grounds as it is applied to the 30 special needs districts designated by the State mongoing litigation commonly known as Abbott v. Burke JI. The City's school district is a special needs district. Nospecific remediation was ordered, but the Supreme Court ultimately held that the Legislature and the Governor werereqmred to have a new faudmg formula in effect by December 31, 1996, so that the new formula would be implemen.tedin the 1997-98 fiscal year.
Comprehensive Educational Improvement and Financing Act of 1996
In keeping with the Supreme Court's deadline, Governor Chdstuie Todd Whitman signed into law. onDecember 20, 1996, the Comprehensive Educational Improvement and Financing Act of 1996 ("CEIFA"). CEIFAaffects how public schools are funded by the State, begmning in the 1997-98 fiscal year.
CEIFA departs from other funding formulas adopted m New Jersey by defining what constitutes a "thoroughand efficient" education, which is what the New Jersey Constitution. requires every public school student to receive.CEIFA further establishes the costs to provide each student with an education that is "thorough and efficient."
In defining what constitutes-a thorough" education, the New Jersey State Board of Education adopted a set ofCore Curriculum Content Standards. The purpose of these standards is to provide all students with the knowledge andskills that will enable them to be productive citizens when. they graduate from any New Jersey high school, regardlessof the school's location or socioeconomic condition. CBIFA provides State aid assistance in the form of CoreCumcuhun Standards Aid based on a school district's financial ability to raise sufficient tax revenue for its students toachieve the Core Curriculum Content Standards.
The definition of an "efficient" education under CEIFA determines the cost to provide each student with aneducation that fulfills the requirements for the Core Curriculum Content Standards. The efficiency standard definessuch things as optunal class size, administrators/teachers per student, schools per district, and the types and amount ofclassroom supplies, services, and materials. CEIFA establishes an approxhnate amount per student to educate eachstudent at various grade levels m. the Core Curriculum Content Standards. This amount will be adjusted biennially forinflation by the consumer price index.
In determining how much Core Curriculum Standards Aid a school district will receive, CEIFA considers eachschool district's financial ability to fund such a level of education. This component of CEIFA is referred to as the localshare requirement, namely, the amount of taxes that a school district can raise relative to other sch.ool districts based onproperty wealth and income levels. The purpose of the Core Curriculum Standards Aid is to provide school districtswith. adequate State assistance that is proportionate to their ability to pay. The purpose of this type of aid is to ensurethat all school districts have the economic ability to provide their students with the ability to achieve the CoreCurriculum Content Standards. In addition to the Core Curriculum Standards Aid, CEIFA also provides per pupilassistance from the State for special education, early childhood programs, demonstrably effective programs,instructional supplement, bilingual education, county vocational schools, and distance learning network. For FiscalYear 2015-2016, the school district received Equalization Aid (formerly known as Core Curriculum Standards Aid) mthe amount of $270,661,365.
Another form. of aid that is provided by CEtFA is school facilities aid. During the 1997-1998 fiscal period,this type of aid was provided to those school districts that qualified for aid under the QEA. The amount of schoolfacilities aid that the State provided during the 1997-98 fiscal year was detennmed by the amount budgeted in theapproved State budget,
Beginning in the 1998-99 fiscal -year; State aid for school facilities was supposed to consist of a ratio thatdivides (i) the amount of debt service or the amount of facilities rent for lease terms that exceed five years required to
A-35
be budgeted for a fiscal period into (ii) the costs that are approved by the New Jersey Department of Education for aproposed building or renovation project. The approved facility costs under CEIFA have not yet been determined.CEIFA required the governor to submit to the legislature 60 days prior to the 1998 budget address, criteria fordetermining approved facilities costs, State support levels, and mauitemnce incentives applicable to the 1998-99 fiscalperiod. The Legislature enacted and the Governor signed into law the Educational Facilities Construction andFmancing Act ("EFCFA"), constitutmg Chapter 72 of the Pamphlet Laws of 2000, effective July 18, 2000. That lawprovides full funding for qualified costs of facilities required for Abbott Disb-icts and funding for qualified costs offacilities for all other districts in an amount equal to the ratio between fheir core curriculum facilities aid and their T&Ebudget tunes 115% or 40% of the qualified costs, whichever is greater. In lieu of debt service aid, school districts mayreceive grants for the State share of the project and authorize bonds only for the local share of the project. Schooldistricts may receive debt service aid under that formula for certain projects begun prior to the effective date of the law.On December 28; 2000, a Complaint was filed m the Superior Court of New Jersey challenging the authority of theEconomic Development Authority under the State Constitution's Debt Limita-tion clause to issue bonds secured by acontract with the State Treasurer, the fundmg of which is subject to annual appropriation, and requesting that the Courtgrant an injunction restrainmg the State and the New Jersey Economic Development Authority from issuing bonds tofund the State's financial obligation under the Educational Facilities Construction and Fmancing Act. On January 24,2001, the Superior Court of New Jersey granted the State's motion to dismiss the case as amatteroflaw. ThePlamtifffiled anotice of appeal onFebruary 5,, 2001.
CEIFA also limits the amount school districts can increase their annual current expenses and capital outlaybudgets. Generally, these budgets can mcrease by either 3% or the consumer price index, whichever is greater.Budgets can also increase because of certain adjustments for enrollment increases, certain capital outlay expenditures,pupil transportation costs, and special education costs that exceed $40,000 per pupil. Waivers are available from theCommissioner based on increasing enrollments and other fairly narrow grounds or by approval of the voters at theannual school election.
Under CEIFA, rent payments made pursuant to a facilities lease purchase agreement for a term that exceedsfive years are b-eated as debt service. Such rent payments are not mcluded in the spending limits and receive aid st thesame level as debt service. Rent payments under a facilities lease with a terra of five years or less are budgeted in thegeneral fund and are subject to a school district's spending growth limitation amounts under CEIFA.
On May 14, 1997, the New Jersey Supreme Court held that CEIFA is unconstitutional as applied to the 28special needs districts because (1) its funding provisions fail to assure that students in such districts will receive athorough and efficient education and (2) supplemental programs to increase student performance in such districts haveneither been adequately identified nor funded. The Court recognized the Core Curriculum Standards as a valid meansof identifymg what is a "thorough and efficient" education under the State Constitution, but found that the State did notadequately determine or provide the adequate -fimding level to allow those standards to be met in the special needsdistricts. CEIFA was not held unconstitutional as applied to the non-special needs districts. The School District is not aspecial needs district.
The Court ordered the State (1) to increase State aid to the special needs districts for the 1997-98 school yearto a level such that the per-pupil expenditure in such districts is equivalent to the average per-pnpil expenditure mwealthy suburban districts, (2) through the Commissioner; to manage the additional spending to assure that It will beused to allow the students to meet the educational content standards and (3) under the supervision of the Superior Court,Chancery Division, to determine a plan to provide supplemental educational and facilities programs in the special needsdistricts.
Provisions for the additional amounts of money were appropriated in the 1997-98 State budget. The Court hasruled that the Commissioner and the State Department of Education will be responsible for maintaining the educationalsystem in accordance with the orders of the Court.
In response to the Court's.order and in an attempt to remedy inadequacies that exist m the safety, the qualityand the utility of state-wide school facilities, the New Jersey Legislature enacted the EFCFA. See "Summary ofEducational Facilities Construction and Financing Act'5 herein. The EFCFA provides certain levels of funding forfacilities' improvements for both special needs and non-special needs districts. Under EFCFA, special needs districtswill receive State fundmg of 100% of the eligible costs of a school facilities project. The State will provide non-specialneeds districts with facilities aid of at least 40% of the eligible costs of a school facilities project. A non-special needsdistrict must elect to receive its level of facilities aid in either the form of a grant or ongoing annual debt service aid.
A-36
On June 27, 2001; the Superior Court of New Jersey, Appellate Division, affirmed the trial court's decisionthat no public referendum is required for the State's bonds under the EFCFA. By a 2-to-l majority, the AppellateDivision held that the Debt Limitation Clause of the State Constitution is not violated by the EFCFA. On appeal, fheNew Jersey Supreme Court held that the EFCFA and its provisions authorizmg tlie EDA's issuance of bonds do notviolate the Debt Limitation Clause of the State Constitution.
On June 24, 2004, the Legislature enacted amendments to CEIFA, which amendments impose strict limits onannual increases in their operating budgets. Commencing with the 2005-06 school year, boards of education will berequired to submit proposed budgets in which the advertised per pupil admimstrative costs do not exceed the lower of(I) the prior year per pupil administrative costs for the district's region inflated by the greater of 2.5% or the "cost ofliving (defined as the average annual increase in the consumer price index for the New York City and Philadelphiaareas) and (ii) the district's per pupil administrative costs, increased (by up to the greater of 2.5% or the cost of living)by such additional costs as may be approved by the Commissioner of Education due to increases in enrollment,admmistrative positions necessary as a result of mandated programs, administrative vacancies, nondiscretionary fixedcosts, and such other items as may be permitted by regulation (provided, that for the 2005-06 school year the amount inclause (ii) shall instead be the per pupil administrative cost limits for the district's region as determined by theCommissioner of Education). Various existiug limitations on budget increases were amended from the greater of 3% orthe consumer price index to the greater of the cost of living or 2.5%. Under this amendment, proposals to exceed theselimits cannot (i) include any new programs and services necessary for students to achieve the .thoroughness standardsestablished pursuant to CEIFA, (ii) include any programs or services that were included m the prior year's budgetunless approved by the Commissioner, and (iii) be submitted to the voters or the board of school estimate if the countysuperintendent of schools determines that the district has not implemented all potential efficiencies m the administrativeoperations of the district. This bill also reduces the amount of surplus that may be maintained by a school district from6% to 2% (2% for the 2005-06 school year) of the general fund balance.
Summary of Federal Aid to School Districts
Federal funds are available for certain programs approved by the federal government with allocation decidedby the State, which assigns a proportion to each local school district, The Elementary and Secondary Education Act, asamended by the Improving America's Act of 1994 is a federal assistance program for which a school district qualifies toreceive aid. A remedial enrichment program for children of low income families is available under Title I Aid. Federalaid is generally received in the fonn of block grants.
Welfare
The State pays the entire nonfederal share ofMedicaid. As of July 1, 1991, the State also assumed one hundredpercent of the costs of the nonfederal share of federal welfare programs managed by County govenunents and onehundred percent of the costs of General Assistance, the program of financial aid to needy people who are not otherwiseprovided for under New Jersey Laws that is managed by municipalities. Thus, New Jersey municipalities have nofinancial obligation for these programs.
As of January 1, 1999, the City consolidated the General Assistance Program into the County's WelfareProgram, as permitted by State Law, and has retained its case records per State mandate.
Transit
The subsidization of public mass transit is the responsibility of the State. Municipalities are not requu"ed tomake financial contributions.
Higher Education
The State subsidizes the system of State colleges and universities, with no municipal financial obligation.County colleges are supported by county governments with State assistance. Municipalities have no financialresponsibility for the county college system.
Medical Care Services
The Jersey City Medical Center, which is an established New Jersey not-for-profit medical and health carecorporation, provides certam hospital and medical care services for persons residing in the City and in. the adjacentcommunities. For many years; the City provided direct and indirect financial assistance to the Jersey City Medical
A-37
Center. The several agreements and programs have generally been consolidated. The City assisted the Jersey CityMedical Center m the development and construction of a new hospital and medical care facility located at Grand andJersey Avenues in the City. The City made a capital contribution of $12,000,000 for the acquisition of the real propertyfor the new hospital, and for certain preliminary development expenses. This contribution was funded through theissuance of serial bonds. The new medical center has an obligation to provide hospital and certain medical care servicesfor all persons residing hi the City regardless of their ability to pay. The operatmg and debt service expenses for thenew facility are being met through Federal and State health care payments and third-party reimbursements.
CITY EXPENDITURES
The City has historically spent the largest percentage of its operating budget on public safety and statutoryexpenditures. For Calendar Year 2016, appropriations for public safety personnel equaled 31.65% of the budget andstatutory expenditures were 10% of the budget as adopted. The remaming 58.35% of the municipal budget wasappropriated for the legal, financial and administrative management of the City, and the provision of public works,human resources, recreation and housing and development services and programs.
CAPITAL IMPROVEMENT PROGRAM
The City maintains and continuously reviews a six-year program for capital improvements. Priority within theprogram is given to the maintenance of the existing mfrastructure, to completion of projects under construction and toprojects deemed necessary to the economic strength of the City. For the calendar years 2018 to 2023, inclusive, theCity expects to appropriate approximately $35 to $45 million annually for capital projects for the City. The Cityanticipates the funding of these projects to be provided through the future sale of notes or bonds and grant programs.
Major projects of the general capital program of the City for the calendar years 2018 to 2023, inclusive, are:acquisition of new &e apparatus and public works equipment and machinery; continued development of recreationfacilities building reconstruction; acquisition and mstallation of new computer systems; street resurfacing and widening;construction of a new police precinct building; construction of a new fire house and improvements to public libraries.The City estunates that its flmding needs to meet general capital improvement program objectives for the six°yearperiod will be $209 million. The City is also making major infrastructure improvements, including the construction ofnew roads in connection with major development projects in the City. See "CITY ECONOMIC ANDDEMOGRAPHIC INFORMATION" and "ECONOMIC DEVELOPMENT" herein. Many of these projects will befinanced prunarily through, direct developer contributions or local miprovem.ent assessments.
THE WATER SYSTEM
Background
Prior to the reorganization of the Mimiclpal Utilities Authority, the City operated the Water System as a self-liquidating utility within the City's budget. The Cily determined that it was in the best interest of the users of the WaterSystem to reorganize the Jersey City Sewerage Authority as the Jersey City Municipal Utilities Authority to operateboth. the Sewerage System and the Water System, creating ecorLomies for both systems. On January 15, 1998, theMunicipal Utilities Authority assumed the operation; maintenance and management of the Water System, subject to theshort-term private operating agreement then in existence between the City and United Water. The agreement with theMUA was subsequently amended and extended to run through December 31,2027 m order to better plan for long termimprovements and operations. The City will continue to be responsible for the fmancmg of all extensions andimprovements to the Water System, but the Authority has assumed the responsibility for the payment of debt service onany future bonds issued by the City for such purposes as well as the responsibility for payment of debt service on theoutstanding bonds of the City issued to finance the Water System. Debt service on the First Lien City WaterObligations has previously been paid •from revenues collected by the City in connection with the use of the WaterSystem.
General Description
Tile Water System consists of five major components, impoundment, water treatment facilities, watertransmission facilities, water distribution facilities and land. Much of the Water System is located outside City limits.All of the water for the City is supplied by the Boonton Reservoir which is located in the Town ofBoonton and theTownship ofParsippany-Troy Hills, Morris County, New Jersey. The Splitrock Reservoir, located in the Township ofRockaway, IVEorris County; New Jersey is an emergency source of water. A water treatment plant, located next to theBoonton Reservou' was completed in 1978. The water treatment plant capacity is 80 million gallons per day ("M.GD").
Its current peak usage is 60 MGD while its average usage is 45 MOD and its safe yield is 56.8 MOD. Water isconveyed from the Boonton Reservoir by an extensive gravity piping and tunnel system, approximately 23 miles inlength, to the City's Reservoir Tank at the end of Troy Street m the City. The distribution system consists basically ofthe Troy Street Pump Station and adjacent Reservoir Tank and the piping network that supplies water throughout theCity. Each residence or apartment unit and business concern in the City must be comiected to the Water System. TheCity owns over 2,500 acres of land related to the Water System.
United Water is responsible for the full operation of the Water System under a contract with the MUA expiringMlarch 31,2018, and currently bills all of the users of the Water System. The City has estimated that economic benefitswill be derived from the privatization of the operation of the Water System over the term of the contract with UnitedWater (which ends in 2018) due to the sale of excess water to United Water; anticipated savings in. costs of operations,anticipated increases in revenues from the Water System due to repairs of leaking pipes, and improvements ia billingand collection. Upon expiration of the current contract with United Water, it is expected that the Authority wiU use itsresources and personnel to operate the Water System or enter into a similar short-term, private operating agreement,
The Authority does not expect that, after the expiration of the operating contract with United Water, the cost to theAuthority of either operating the Water System or entering into a similar short-term operating agreement will besignificantly greater than the annual service fee currently paid by the MUA to United Water.
Water Rate Covenant
Under the terms of the Water System Service Contract, the Authority has covenanted to make, impose;, chargeand collect Water Service Charges in each fiscal year in accordance with'the provisions of the Act so that WaterRevenues for each fiscal year will be at least sufficient to pay (a) Water Operating Expenses in such fiscal year, (b) allinterest on and principal of all Water Bonds and the City Water Bonds (as defined m the Water System ServiceContract) as the same shall become due and payable 'without recourse to or withdrawal from the Water Bond ReserveFund; (c) payments to the City required under the Water System Service Contract, and (d) all other amounts that arerequired to be paid pursuant to the Water System Service Contract. Water Revenues include any excess sewer revenues
anticipated to be available for deposit in the Water Revenue Fund established by the Water System Service Contract.
PENSION FJNANCmG
Substantially all City employees who are eligible for pension coverage are enrolled in either a State or Cityadministered retirement plan.
State Plans
The three State-administered plans are the Public Employees' Retirement System, the Consolidated Police andFiremen's Pension Fund and the Police and Firemen's Retirement System. The Public Employees Retirement Systemincludes all non-unifomied City employees who are not eligible for enrollment in the City's Municipal Employees'Pension Fund. The Consolidated Police and Firemen's Pension Fund includes uniformed employees who wereemployees before 1944, while the Police and Firemen's Retirement System enrolls all uniformed employees who beganemployment gfter 1944.
The Division of Pensions in the State Department of Treasury administers the plans and charges municipalitiesannually for their respective contributions. The charges are based on actuarial valuations. The City pays such chargeson a mon.thly basis.
City Plans
All permanent City employees who are age 39 or yoimger when commencmg employment with the City arerequired to enroll in the Employees' Retirement System of the City as of date of hire. All temporary employees whoare age 39 or younger when commencmg employment with the City are required to work one year before they areenrolled m the Employees' Retirement System of the City which is administered by a Pension Commission consisting ofthe M-syor, Chief Financial Officer, two elected employee representatives, and one appoiated citizen member. BuckConsultants an ACS Company, serves as consulting actuary ("Actuary") for the system. In its latest report datedJanuary 1,2016, the Actuary reported:
GASB Statement No. 27 only requires valuation be performed every two years. The Annual RecommendedContributions payable for calendar years 2016 and 2017 are as follows:
A-39
December
31,2016$ 1,667,756
7.173.577
£ 8.841.333
December
31,2017$ 1,734,467
7.459.249
$ 9J93.716
Normal Contribution^
Accrued Liability contribution
Total contribution
<^The Normal Confibution amounts are 4.99% of estimated salaries of $33,421,968 and $34,758,847 for the2016 and 2017 calendar years respectively. The actual normal contribution to the trust should be 4.99% ofActual salaries for each year.
Three other City pension plans are not maintained on an actuarial basis, but the City appropriates fundsamiually as required to provide benefit payments for the year. The plans are Employees' Non-Contributory Pension,Pensioned Employees and Payments to Widows and Dependents ~ Members of Police and Fire Departments,
In. December 1996, the City received a bill from the Police and Firemen's Retirement System (PFRS) forapproximately $18;500,000topay for accrued pension liability due to an early retirement inceiLtive program establishedin 1994. Legislation (P.L. 2002; c.42) was enacted that permitted the City to sell refimding bonds pursuant to the LocalBond Law to retire fhe present value of the unfunded accrued liability to PFRS. With an approval from the LocalFinance Board, the City financed said liability tihrough the issuance of $23,595,000 Pension Obligation RefandmgBonds Series 2003A dated January 15,2003 (Federally Taxable) and $17,456,000 Pension Obligation Refunding BondsSeries 2003B dated March 15, 2003 (Federally Taxable).The following table shows the City's contributions to the respective pension systems for the last five years.
City Contributions to Employee Pensions
State of New Jersey
Public Employees' Retirement System
Consolidated Police and Firemen'sPension Fund
Police and Firemen's RetirementSystem of New Jersey
City of Jersey City
Municipal Employees' Pension Fund
Employees Non-Contributory Pension(R.S.43:8B-1)
Pensioned Employees (R.S. 43:4-1)
Payments to Widows & Dependents-Members of Police & Fu-e Depts.
TOTAL
December
31,2017
$4,070,903
December
31,2016
$3,796,490
December
31,2015
$2/767,829
December31,2014
$2,157,151
December
31,2013
$2,483,3
58,994 58,994 46,592 46,544 167,303
38,879,673
9,054,000
230,000
64,740
779
$52.359.089
38
8
$51
,097,772
,841,332
260,000
59,735
j79
.115J02
34,790,479
7,782,323
246,020
65,000
780
£45.699.023
33
7
$43
,941,159
,500,558
220,800
69,600
_720
.936.532
34.982
8,413
225
72
_6^44
,452
,998
,000
,000
720
.773
Source; Derived from the Calendar Year 2012-2016 Audited Financial Statements of the City and 2017 Unaudited Annual Financial Statements
Post-Emptoyment Benefits
The City provides eligible retirees with medical, prescription drug and life msurance benefits. Based on anassumed discount rate of 4.50%, as of June 30; 2015 the Unfunded Actuarial Accrued Liability for such post-employment benefits was $976,949,569, and the Annual Required Contribution was as follows:
The Jersey City Insurance Fund Commission was established in 1984 pursuant to NJ.SA. 40A:10-1, et seq.The members of the Commission- are the City's Business Administrator (who serves as Chairperson) and two membersof the Municipal Council. All insurance upon property owned or controlled by the City or any of its departments,boards, agencies or commissions, is required to be placed and effected by the Commission. The powers of theCommission are statutory and include the power to invest the funds and all additions and accretions thereto in suchsecurities as they shall deem best suited for the purposes of the statute; keep on hand at all times sufficient money, orhave the same invested m such securities as can be immediately sold for cash, for the payment of losses to any buildmgsor property of the City, or liability resulting from the operation of publicly owned motor vehicles, equipment orapparatus; and fix reasonable rates of premium for aU insurance carried by the insurance fund, and shall effect allmsurance in the insurance fund or with any insurance company or companies authorized to do business m this State.
LITIGATION
General
The City, its officers and employees are defendants in a number of lawsuits inchidmg, but not limited to,lawsuits arising out of alleged torts; alleged breaches of contract and alleged violations of civil rights. The City is alsoengaged in activities, such as police protection and public works construction, which could result in future litigationwith a possible significant monetary exposure to the City.
Based upon the information available to date, it does not appear that any individual lawsuit or the cumulativeeffect of these lawsuits will impair the City's ability to pay any judgments or settlements in an orderly manner, since thelikelihood is that the amount of any judgments and eventual settlements will be much less than the amount claimed, andpayments can be spread over two or more fiscal years, Because many lawsuits are still in the discovery stage, theCorporation Counsel is unable to detennme the probability of a successful defense to them at this time.
The City self-msures against tort claims, which include general liability, automobile liability, employmentpractices, public officials and police professional and workers compensation lawsuits. The self-insured retentiondepends upon the date of incident and which of two excess policies provides coverage.
Pending Litigation
The following m&rmation has been. compiled, as of October 2017. The cases listed below have a potentialmonetary exposure m excess of $500^000.00.
Valerie M'ontone_v. Jersey City Police Department et aL
This federal lawsuit involves allegations by a retired police sergeant that the defendants (former Mayor Healyand former Chief of Police Troy) did not promote her because of her political affiliation and gender. This matter hasbeen litigated in. state and federal court. After discovery, summary judgment was granted to the Jersey City defendantson both the state and federal causes of action; however, the plaintiff appealed the matter to the Thu'd Circuit Court ofAppeals. The Third Circuit reversed the district courts holding and remanded the matter to the lower court. Althoughthe- reversal of the order for summary judgment is a setback, the defendants are prepared to defend this lawsuit on themerits. Recently, at a conference before the Federal trial judge, the plaintiffs attorney made an "informal" demand,$5,000^000 to settle. Thus, there is a significant monetary exposure for economic damages and attorney fees. RetiredJudge Faith Hochberg is currently mediating the matter. If the matter does not settle; a trial date will be set.
A-41
Astriab et al v. City of Jersey City.
This lawsuit is the companion case to Montone matter. In this case; eight other sergeants allege that becauseMontone was wrongfully not promoted to Lieutenant, they could not be promoted since they were behind her on thepromotion list. With regard to damages, they claim they are entitled to the difference in pay and benefits between whatfhey would have received if they had been promoted and what they actually have received, including pay, benefits andpension contributions/value. These claimed damages continue to accrue as the case proceeds. This matter has the sameprocedural history as Montone case. Although the Summary Judgment obtained in this case was reversed, thedefendants mamtam that the defenses to the plaintiffs' clauns are viable and the case will be defended on its merits.The plaintiffs also claim attorney fees and back pay. If they prevail, the combined award could exceed $1,000,000.00.
212 Marin Blvd. v. City of Jersey City CSixthStreet Embankment cases).
Various lawsuits brought by several entities regarding the property known as the Sixth Street EmbarLkment.The alleged owners contend that the City has interfered with their development rights and violated their constitutionalrights. These matters have been pending for several years despite numerous attempts to achieve a settlement. The Citycontinues to defend against all claims.
Bnmo v. City ofJersey__Citv.
This matter involves claims for wrongful death and personal mjury. Plaintiffs allege m their complaints that onJuly 27, 2012, co-defendant Frederico Bruno illegally entered their apartment located at 110-112 Rutgers Avenue,Jersey City. Mr. Bmno waited for Ms. Figueroa, Ms. Calderon and infant Damien Rose Bnmo to arrive. Upon theirarrival, Mr. Bnmo violently attacked plaintiffs resulting in the death ofDamien. Rose Bruno, and bodily mjuries to Ms.Figueroa and Ms. Calderon. Plaintiffs allege that the day before incident; Bruno appeared at a Jersey City police stationto inquire about any open arrest warrants. Plamtiffs allege that Bruno had open warrants at the time, but was notdetained.. Plaintiffs aUege that the Police Department failed to enforce the restrainmg order or act on the outstanding'warrant. Trial started on August 7, 2017. At the conclusion of plaintiffs3 case, the City was granted a directed verdictall claims. On October 17, 2017, plaintiffs filed a notice of appeal. If plaintiffs are successful on appeal and a re-trial,exposure could surpass $1,000,000.
Mays v City of Jersey City.
Plamtiff, the City's Deputy Tax Assessor, has brought a claim in federal court for race discrimination andretaliation. She also alleges a whistleblower claim under CEPA. Discovery is ongomg. Written discovery is complete,plaintiff has been deposed, and plaintiff's counsel has deposed approximately ten defense witnesses. Ifplamtiffis ableto prove her claims at trial, she could obtain an award between $200,000 - $300,000 for her severe emotional distress,as well as an attorneys' fees award between $250,000 - $300,000.
Anglrn et al v, Jersey City Fire Dispatch.
Plaintiffs are the Admmistrators of the Estates of four decedents who died in a house fire, and five relativeswho claim emotional distress damages from perceiving fhe death of their family members m the fire. In the lawsuit,they claim, that a City dispatcher sent the flrefighters to the wrong address resulting in the deaths. The City has assertedvarious immunities and the plaintiffs contend that they have overcome the bar of the immunities. Discovery is in thepreliminary states. Exposure could surpass $1,000,000.
MEPT v. City of Jersey City. et al.
In 2009, the City of Jersey City entered into financial agreements with MEPT Journal Square, LLC, MEPTJournal Square Tower North Urban Renewal, LLC, and MEPT Journal Square Tower South Urban Renewal, LLC(collectively the "Plamtiffs") for long term tax abatements (30 years) for the development of certain real property. Theagreements were entered i&to pursuant to the appropriate ordinance and resolution. Plaiatiffs agreed to and made acontribution to the City's Affordable Housing Trust Fund ($710,769). Plaintiffs also entered iato a Prepayment andContribution Agreement under which the Plamtiffs agreed to and did prepay a certain amount of money ($2 million)that was to be credited against the service charges to be collected over the first four years following completion ofconstruction of their projects. Approximately six years after the financial agreements were executed. Plaintiffsabandoned this project and sold the property. Indeed, the Plaintiffs failed to develop the property as originallyintended. In 2015, Plamtiffs filed this declaratory action seekmg the refund of the prepayment and the Affordable
A-42
Housing Trust Fund payment for a total sum. of $2,710,769. On December 4, 2015, Plaintiffs moved for a summaryproceeding for a declaratory judgment under N.J.S.A. 2A:16-50 in order to have all monies refunded to them. OnOctober 4, 2016, the court entered an order of judgment in favor of the Plaintiffs directing the City to pay $2,710,769 toPlaintiffs. Shortly thereafter, the City moved for reconsideration of the court's order and this motion was denied. TheCity filed a notice of appeal, which is currently pending;
Wneden v,Cjt</ of Jersey City.et al.
Plaintiff Daniel Wrieden has filed claims against the City of Jersey City and director Anthony Cmz. Mr.Wrieden alleges that the defendants discriminated and harassed him on the basis of his sexual orientation. He alsoalleges that the City violated his first amendment rights. If Mr. Wrieden. prevails, the defendants could be liable for lostwage damages, punitive damages; emotional distress damages; and plaintiffs attorney's fees, m excess of $500,000.
Pych et al. v. City of Jersey City et al.
On December 31, 2013, the Plaintiffs' decedent drowned as a result of him losing control of his motor vehiclewhich became submerged in the waters of the Morris Canal, Plaintiffs allege that the accident occurred on dangerousproperty owned, controlled or maintamed by the City. The City contends that the accident occurred on privately ownedproperty. Discovery is ongomg. If the City is unsuccessful, exposure for the wrongful death and survivorship claimcould exceed $500,000.
D'Onofrio v. City oOersey Cjty, et al,
The plaintiffs' decedent was struck and killed by a vehicle while crossing Baldwin, Avenue, Plaintiffs claimthat there was a nonfunctiomng street light m the area that contributed to the accident. The City contends that theaccident occurred as a result the negligence of the decedent and co-defendant. If plaintiff prevails, exposure couldsurpass $500,000.
Estate of Lavon Kins v. City of Jersey City. et aL
In this matter, a Jersey City police officer fatally shot decedent after he tried to disarm the officer. Plaintiffscontend that the officer umiecessarily used excessive force m violation of the decedent's constitutional rights. The Citycontends that the officer used reasonable force. If plaintiff succeeds, exposure could surpass $500,000.
Oliver/D'Onofi-io v Jersey City, et al
While crossing the street on October 23, 2015, decedent Ralph D'Onofi-io was hit by a vehicle driven by oneof the co-defendants (Musa). D:>0nofi*io was transported to Jersey City Medical Center and died approximately 3 dayslater. Plaintiff alleges that the street lights were not working at the time of the accident and caused the driver to hit Mr.D'Onofrio. Because this is a wrongful death matter, the city's exposure may exceed $500,000.
O'DonneU v NJ Turnpike
On February 22, 2016; decedents were driving in the City of Jersey City and were hit by another vehicleoperated by defendant Scott Hahn. who at the time had not slept for 26 hours and was under the influence of Adderall.A witness allegedly saw Mr. Hahn stop at a gas station and confer with a Jersey City police officer moments before theaccident. Plaintiff alleges that the police officer had a duty to stop Hahn from ddving and that the breach of this dutyresulted in the fatal accident. Because there are two dead victims, exposure is. the case could well exceed $500,000.
In addition to the cases listed above, the City, its officers and employees are defendants in a number oflawsuits, none of which is unusual for a city of its size. These lawsuits include but are not lunited to lawsuits arisingout of alleged torts by the City and its employees; alleged breaches of contract and alleged violations of civil rights.
A-43
During the calendar years 2012 through 2016; the City paid the following amounts in judgments andsettlements:
Year
CY 2016CY 2015CY 2014CY 2013CY 2012
Amount Paid*
$2,348,2801,181,9281,460,362
494,286324,735
*SouTce: Jersey City Insurance Fund Commission
Environmental Issues
There are many privately and govemmentally owned parcels of real estate in the City containing various levelsof environmental contaminants. With respect to privately owned real estate, the City, State and Federal health andsafety officers have undertaken and continue to compel compliance by the owners with the existing regulations. TheCity aggressively uses its building mspectors and health officers to monitor and compel abatement of harmfulenvironmental hazards. With respect to environmental contamination which does not pose an immediate or substantialpublic safety or health issue, the City is increasingly using local business incentives to stimulate previously dormantproperty for conversion to useful economic initiatives mcludmg the removal of environmental contaminants. The Cityitself monitors its own real estate and has undertaken and is currently performing building and facility improvementprograms to remove all violations of Federal, State and City environmental regulations.
CITY ECONOMIC AND DEMOGRAPHIC INFORMATION
TIie City is New Jersey's second largest, municipality with a population of 247,597 according to the UnitedStates Department of Commerce's 2010 Census. The City is located on the west side of the Hudson River, directlyacross from lower Manhattan m New York City, and is part of the major business and industrial concentration spanningthe New York - Northern New Jersey metropolitan area.
The City's land area is 15.8 square miles, mcluding a five mile long stretch of Hudson. River waterfront thathas experienced considerable high rise office tower, residential and multi-family development over the past ten. years.The City is connected to New York City by the Holland Tmmel and the PATH railroad tubes and is withm ten miles ofNewark International Airport and the container and cargo facilities of Port Newark-Elizabeth. The City's size andcurrent development activity cause it to dominate the economy of the County (the Jersey City Labor Area). The Cityalso serves as the seat of the County government. Of the approximately 275,000 persons employed m the County,approximately 43% are employed in the City.
Population
The City had experienced a population decline from 1970 through 1980, however due to increased residentialhousing developments, the population has shown a trend toward mcreasiag.
Source: U.S. Bureau of the Census; American Community Survey 2014
Employment
Labor Force - The City of Jersey City
Year
20172016
2015.
2014
20132012
Total- Labor Force
141,438
140,500
140,658
139,551
138,427
139,531
Employed
134,950
133,800
133,184
130,539
127,195
127,018
Percent (%)Unemployed
4.4%
4.8%
5.3%
6.5%
8.1%
9.0%
Source; New Jersey Department of Labor, Office of Labor Planning and Analysis-2012-2017.
Overview of Jersey City
Founded in 1630 and mcorporated in 1820, Jersey City once served as a shipping, manufacturing, and railtransportation hub. Home to Ellis Island, Jersey City has served as the gateway to the United States for millions ofimmigrants.
Today Jersey City is a vibrant and thriving city, where rail yards, factories, and warehouses have beentransformed into parks, restaurants, shops, and modem skyscrapers. Seven of the ten tallest buildings in the state arefound in Jersey City, with construction recently starting on what will soon be the tallest building m the State and thetallest residential building in the western, hemisphere outside of New York City. Jersey City residents and visitors enjoyspectacular views of the New York City skyline with miles of Hudson River water&ont. Jersey City's robusttransportation mfrastructure allows for easy access to New York City using the PATH train subway system, NYWaterway Ferries, or the Holland Tunnel. An expansive above-ground light rail system that opened m April of 2000connects Jersey City to neighbormg municipalities.
The 2010 Census population of Jersey City is currently 247,597. It has been growing steadily at a rate of 3-6% since a low of 223,532 iti 1980. According to estimates based on the United States Census Bureau American
Community Survey, Jersey City will be the largest city in New Jersey by the end of 2016. At. the present time, JerseyCity has established itself as a leader in urban development within the State of New Jersey, Jersey City is experiencingits highest level of residential construction in recorded history, with over 6,100 units currently under construction mDowntown and Journal Square alone (mcluding 8 new towers over 15 stories); and over 18,000 more units approved tobegin construction in the next few years.
Employment
From January to December of 2015 Jersey City's unemployment dropped from 6.0% to 5.3%. The significantunemployment rate decrease is due to several large firms either relocating to Jersey City or expandmg currentoperations within existing Jersey City facilities. IPMorgan Chase, RBC, Forbes, Imperial Bag, Nautica, and Ahold aresome of the largest companies relocating or expanding Jersey City operations. Jersey City has also seen an increase inconstruction jobs withmoretharL4,000 jobs recently started or planned as part of approved upcoming projects.
Source: New Jersey Department of Labor, Monthly Municipal Labor Force Estimates: 2010-2015.
Largest Private Employers in Jersey City*
Employer NameGoldman Sachs & Co. Inc.Pershing LLC/IVEellon BankICAP Services North America LLCJF Morgan Chase BankCitigroupComputershare Investor Services, LLCDeutsche Bank Trust Co. NJ Ltd.Broadridge lu&rmation Service, Inc.Insurance Service Office, Inc.
Fidelity InvestmentsEquitable Life Insurance Co.Bank of Tokyo Mitsubishi TrustIPC Acquisition Corp.Lord, Abbet & CompanyBrown Bros Hamman & Co.
Home Depot USA, Inc.Eitter Sysco Food ServicePrebon Yamane (USA) Inc.Daily NewsLanger Transport Corp.
*As reported to the State of New Jersey, January 2017. Does not include public employers; i.e. hospitals, schools, or other government agenciesSource; Hudson County Economic Development Corporation, Jersey City,
Tourism
Tourism is a growing industry for Jersey City with three new hotels (700 new hotel rooms) under constouction.While Liberty State Park, Liberty National Golf Course, EIlis Island, and the Statue of Liberty attract millions ofvisitors each year, in 2014, Jersey City proudly hosted the Seattle Seahawks and Denver Broncos, their families, andmany of their fans for the week leading up to the Super Bowl. Jersey City is also home to one of the largest 4th of Julyfireworks displays in the country,
Higher Education
Jersey City is home to St. Peter's University, with an enrollment of approximately 3,400 students in 2015,andNew Jersey City University, with an estimated enrollment of 8,200 students, both of which offer fall and part-timeundergraduate studies in liberal arts, business and the natural and social sciences. In addition. St. Peter's has graduateprograms in education, nursmg, accounting, and business administration and New Jersey City University offers a widevariety of graduate programs. Jersey City is also the home to Hudson County Community College, which offers entry-
A-46
level occupational and career certificates and associate degrees to prepare stidents for employment and to upgradeexisting skills. The Community CoUege has an estimated enroUment of over 10,000.
Sources; Saint Peter's University Website: www.saintpeters.edu;
New Jersey City University Website: www.njcu.edu;Hudson County Community College Website: www.hccc.edu.
Healthcare
The Jersey City Medical Center, a voluntary not-for-profit hospital, moved to a new hospital facility in 2004 ata site on Grand Street and Jersey Avenue to replace the Medical Center complex built in the 1930s. The facility iscurrently operated by Liberty Health and is the region's "state designated trauma center'5 and the only hospital inHudson County approved for open heart surgery. A new 5-story Medical Office Building was completed in 2010 and isfully leased, mcluding the Cristie Kerr Women's Health Center. See "CITY INDEBTEDNESS AND DBBT LIMITS ~Other City-Related Obligations" herein.
Economic Incentives
Jersey City's Urban Enterprise Zone (UEZ) is one of the top performmg zones m the state. It is comprised ofapproximately 1/3 of the city's total land acreage. Revenue from the UEZ Program has fimded many developmentinitiatives throughout the City, such as national and iiatemational marketing campaigns, special events, preserv'a.tion,city beautification projects, CCTV programs job traiamg;, tourism (www.destmationierseycity.com), and businessimprovement and relocation grants. In the past, the City received approximately $16.2 million annually to be used. forvarious programs. However, the City has not received any fimds since 2009 due to State budgetary constraints.
The Jersey City Economic Development Corporation manages and maintains business and employmentsupport systems. Some of the benefits available to Jersey City UEZ-certified businesses are listed below:
> Reduced sales tax for certified retail businesses> Employee tax credits for each UEZ municipality resident hired> Jersey City Employment & Training Program> City Beautiflcation Program> Closed Circuit TV Neighborhood Watch Program> Customer Service Skills Center
Additionally, the JCEDC has expanded opportunities for local smaU business owners to access capital,through partnerships with private and non-profit lenders. The Jersey City Fund is a $10 million dollar loan. programtargetmg small businesses with small lendmg needs; the EDC also has a microloan program based on geographiclocation, meant to support businesses opening m the city's traditionally underserred neighborhoods.
The Hudson River Waterfnmt
Recently dominated by the financial services industry,, as more new skyscrapers with class A office space areconstructed a more diverse workforce has developed.
Since the early 1980's, more than 18 million square feet of office space, and over 18,000 new residential units,and five hotels providing nearly 1,500 rooms have been completed. Redevelopment of the waterfront and nearbyneighborhoods has been brisk, acceleratmg with the construction and opening of the Hudson Bergen Light Rail system.Plans for the redevelopment of formerly industrial land along Jersey City's waterfront currently include as much as 30million square feet of office space and more than 35,000 new residential units.
The number of new residences authorized by building permits city wide, from 1995 through 2007, totals over17,000 residences while and non-residential office space authorized by building permits exceeded 7 million square feet.The Newport Neighborhood is the largest single development on the Hudson River Waterfi-ont. Built on 300 acres ofabandoned rail yards at the edge of the river, this area now is home to 4,000 residential units and 14 residential towers;a park with a man made beach overlooking the river, the Newport Centre MaU, and a variety of office buildings.
The Hackensack River Waterfront
The Hackensack River Waterfront is another powerfal City resource whose value has only recently been re"discovered. The improved environmental quality of the Hackensack River and the return of water-related recreation to
fhe river have helped to reinforce its value. The first signs of its rebirth include: the fully sold out Society Hill andDroyer's Point development, a 1,400 Dwelling unit condominium community; the establishment of Meadows Pathwhich is a planned pedestrian walkway along the Hackensack River stretching from Bergen County to Bayonne;commitment by the County of Hudson to establish, an extension to the county park system; the completion of the 9 holeGolf course within the Hackensack River Edge Redevelopment Areaf implementation of the City homes at WestsideStation loft style residential project within the Water Street Redevelopment Plan area; transformation of a 32-acreformer federal superfund site into the "Marion Greenway" " Phase I involves the remediation and capping of the site forpassive recreation and Phase II includes a 2000 foot waterfront walkway, soccer fields, jogging paths and an-Envtromaental Center; implementation, of the remediation. plan and environmental clean-up of the 100 acre formerHoneywell site for the creation of a mixed use new-urbanist neighborhood within the Bayfront I Redevelopment PlanArea. This development will include the creation of over 15 acres of parldand in the form of a bikeway, centralgreemvay, new pedestrian-friendly streets and infrastructure, approxunately 4,200 to 8,100 new dwelling units, 700,000to 1 Million sq. ft. of office floor area, and 200,000 to 600,000 sq. ft. of retail space.
All this development is part of a larger plan for the Jersey City western, water&ont known as the Bayside StudyArea. The stidy establishes the ground work for the creation ofnew-urbanist neighborhoods and new streets to connectmto the existing neighborhoods of Greenville. The Bayside Study Area anticipates the redevelopment of land both eastand west of Route 440, the re-design of Route 440 through federal funding appropriated to Jersey City, the expansion ofthe New Jersey City University Campus as an integral part of this new neighborhood, and ultimately leading to theextension of the Hudson-Bergen Light Rail System roughly IA of a mile to the west in order to access the Bayfront1/Honeywell Project and the Hackensack River.
The old Department of Public Works facility along the Hackensack River (BayjQ'ont 1/Honeywell Project) willsoon begin redevelopment into hundreds of residential, units as well as retail shops and entertaimnent and dmingoptions.
Journal Square
• .Functionmg as a major regional transportation hub; Journal Square encompasses the neighborhoodsurrounding the Journal Square PATH station and bus terminal, which provides access to New York City, Newark,Hoboken, and Hamson via the PATH subway train system and bus service throughout the region via 7 different buslines. The first significant construction m Journal Square m decades is nearly complete with the first of three towers inthe Journal Squared development project. Upon. completion, this development will consist of a 54 story tower, a 60story tower, and a 70 story tower. As of February 2016, there are 5,284 dwelling units, 195,055 square feet of officeand 432,787 square feet of retail space approved for development in. the Journal Square area. Under construction thereare currently, 1,334 dwellmg units, 70,070 square feet of office and 13,267 square feet of retail space to come on linewithin the next eighteen months.
The Loew's Jersey Theatre, a 3,000 seat "movie palace" origiaally opened in 1929, is a priority restorationproject for Jersey City. The facility will soon undergo an extensive multi-million dollar renovation to restore theenergy, glory, and full functionality to the theatre and to the neighborhood as a whole. AEG Live, the second largestevent promotion company in the world, is planned to manage programmitig (along with partnerships with NJCU, ManaContemporary, and a variety of community groups) and ACE Theatrical Group, the premiere theatre restorationcompany in the country, is planned to manage the construction and renovation of the facility.
On the periphery of the square is the adaptive re-use of the old American Can Factory. The CANCOLoftproject entails the creation of over 1,300 new loft style residential units and associated retail services. The newCANCOPark, completed ia 2010, features an "orchard" of trees that is lit up at night by ground lightmg, park benches;and a terraced layout. The park s perimeter is lined with bamboo shoots m raised planters. Manna Contemporary FineArts is truly a diamond in the rough with art exhibits almost every weekend. Several other smaller projects, like 25Senate Place or the Kennedy Lofts at 100 Newkirk Street, continue to make this the new hip artist community in theNew York Metropolitan region. .
Transportation Improvements and Funding
The City received federal high priority project fimding for transportation access in the amount ofapproximately $26 Million and the creation of an urban boulevard along Routes 440/1&9 Truck m the amount of $1.8Million.
A-48
North Jersey Transportation Plamiing Authority, CN'JTPA) Area metropolitan Plammg Organization awardedJersey City the following grants:
> FY 2008-2009 Subregional Shidy Program grant for Update to the Circulation Element of the Jersey CityMaster Plan in the amount of $250,000;
> FY 2010 - 2011 Subregional Study Program Grant co-sponsored with Hudson County for a Study to improvetransportation comiections between the Cities ofHoboken and Jersey City in the amount of $300,000;
> PY 2012-2013 Subregional Study Program grant for the Liberty State Park Circulator Cost-Benefit Analysis inHie amount of $220,000;
-> FY 2012-2013 Subregional Study Program grant for the Morris Canal Greenway Plan m the amount of$220,000; and
> FY 2012-2013 Subregional Study Program grant co-sponsored with Hudson County for The JerseyCity/Joumal Square/Bayonne Bus Rapid Transit Study in the amount of $250,000.
Over $1 million mFY 2012 Local Safety Program grants for pedestrian improvements along Summit Avenue
> FY 2017-2018 Subregional Study Program grant for pedestrian enhancement plan in the amount of $180,000.
NJ Transit has completed the Hudson-Bergen. Light Rail 440 Extension Alternatives Analysis, which identified theextension of the HBLR from its current terminus at West Side Avenue station across Route 440 to a. new station at thenorthern boundary of the Bayfront I Redevelopment Plan area as a locally-preferred alternative.
M.iscellaneous Infrastructure Improvements and Public Amenities
> The Exchange Place PATH station was renovated in 1990 at a cost of $65,000,000. The PATH provides a 3-mmute ride from Exchange Place to the World Trade Center Station. The Port Authority's $1.3 billion projectto replace PATH'S entire 340 car fleet and to overhaul the PATH signal system thereby enabling a significantincrease in the number of train movements while improving on-time performance and efficiency is underway,with the entire rolling stock upgraded between 2008 and 2012 and signal system eniiancements still underway.
> The $1 billion Hudson Bergen Light Rail Transit System. (HBLR) launched operation on April 15, 2000.Since then ridership has steadily grown as the system expands further north and south. It now connects withHoboken's Lackawanna Station, which is adjacent to Jersey City and is a hub for regional commuter trainservice. It also now connects to a new Park &, Ride station on Tonnelle Avenue in North Bergen that attractscommuters from Bergen County and other North Jersey locations, and which has been highly successftil.Direct service is provided between the Park & Ride and the Jersey City water&ont employment center. A newextension to 8th Street in Bayorme opened m January 2011, Hudson County and Bergen County municipalitieshave urged NJTransit to expand the HBLR- into Bergen County, with all municipalities with current orpotential HBLR mfrastructm'e passing resolutions m favor of this plan.
> Ferry service connects the Exchange Place/Paulus Hook^ Hudson. Bxchange; Port Liberte and Liberty Harbor]S[orth areas to lower Manhattan, and also connects Exchange Place/Paulus Hook to 39th Street in Manhattan.
> The City has completed its renovations of the Owen Grundy Pier Park at the foot of Exchange Place. This isone of several significant public spaces that exist slang the Jersey City Waterfront
> The Hudson River Waterfi'ont Walkway is advancing toward completion along the waterfronl; as developmentof properties adjacent to the waterfront contmues. It is now possible to walk from the Goldman-Sachs tower atthe south eastern corner ofPaulus Hook and Downtown to the Newport area and into Hoboken. The NewportWaUcway now connects to Hoboken at the Hoboken Traia Station and Newport Associates Development Co.has completed "Newport Green" a Waterfi-ont park at Fourteenth Street. The development of Veterans Parkwill include the critical portion offhe waterfront walkway at the park's edges along the Hudson River and theMorris Canal.
> New Jersey Department of Transportation is m the process of the reconstruction of the 12th and 14th Streetviaducts from Route 139 to Jersey Avenue. The next phase will be the reconstruction of Route 139. NJ DOTis planning to construct a new Wittperm- Bridge over the Hackensack River and a new St. Pauls Avenue
Viaduct that will link the bridge to Route 139, Tonnelle Avenue; Route 1&9 Truck, and a proposed new roadparallel to Tonnelle Avenue, NIDOT is also planning to build a bridge on Jersey Avenue across the MorrisCanal to allow easier travel from downtown Jersey City into Liberty State Park, Bergen Lafayette, and otherparts of the city. Currently only a small foot bridge exists.
> Capital Improvement, Federal Grant, and UEZ Fundmg have been pooled to finance the re-surfacing andbeautification of Christopher Columbus Drive. This is the main and most visible travel route from the NJTurnpike to downtown neighborhoods and the wateriront.
> Jersey City launched the CitiBike bilce-share system in September 2015. Because CitiBike is the same systemused m New York City, residents can now seamlessly integrate mto the broader regional bike-share netnforkacross the Hudson River. As of March 2016, only six months after the programs launch, 75,000 rides hadalready been taken.
Key districts and development areas within Jersey City
Hackensack River Edge Redevelopment Area. The City Council has adopted a new redevelopment planthat encompasses a number of properties on the City's western waterfront;, the redevelopment of which will include theremediation of the PJP landfill. An Urban Transit Hub tax credit package of $34.6 million over ten years has beenapproved by the Board of the New Jersey Economic Development Authority which allowed Peapod and Ahold toutilize 344,000 square feet of the Pulaski Distribution Center, an. 878,564 square foot warehouse recently completedalong Route 1 & 9 by Prologis.
Claremont Industrial Center. West of Caven Point, the Claremont Industrial Center was developed on a 30-acre site by the New Jersey Economic Development Authority. Hartz Mountam Industries built and leased a 175,000square foot warehouse for Walong Marketing, a food distributor and importer in the summer of 2002. Demand forwarehouse space here dropped as the recession hit and fhe City responded by amending the Zoning to allowentertainment venues. In January 2011, "Pole Position Raceway" opened an 80,000 square foot facility featuring twoquarter-mile tracks. The high-perfomung all electric karts can reach speeds of 45 miles per hour. The facility features aTailgate Cafe, video and arcade games, meeting and party rooms, and an impressive display or racing memorabilia.
Liberty Industrial Park. Li January 1996 construction was completed by the New York Daily News of anew 410,000 square feet prmting plant. The Daily News has moved both their Brooklyn and Keamy operations to thisnew facility. The project represents a $180 nullioninvesttnentby the Daily News. Sysco Food Services of Metro NewYork has renovated the former AIlied/Stems building into 345^000 square feet of freezer/warehouse space. Tills projectprovides over 500 jobs. The total project cost was $25 million, $ 8 million of which was provided through the City andHUD by a Section 108 Loan.
Port Jersey/Greenville Yards. On the southernmost portion, of the waterfront, the Port Jersey Corporationhas developed 3,000,000 square feet for industrial distribution buildings since assuming control of the urban renewalproject in 1969. The Corporation has invested $150 million to date. The Port Authority of New York and New Jerseyhas constructed an imported automobile facility on its 80-acre portion. of Port Jersey and on 65 acres of the GreenvUleYards. Iron Mountaia. Information Management has leased 123,000 square feet at 100 Harbor Drive, providing morethan 100 full time jobs. In addition, Summit Import Corp. and Preferred Freezer Services have recently openedwarehouse facilities in. Greenville Yards. Preferred Freezer is also imdertaking building a second new facility freezer.Keystone Properties constructed two warehouse facilities consistmg of over 500,000 square feet of available warehousespace.
Jersey Eagle Sales Co. A 100% minority owned business exclusively distributing for Anheuser-Busch inHudson County has completed construction of a 70,000 square foot; $4.5 million chilled warehouse and distribution.facility, providing nearly 100 full-time jobs.
Montgomery Industrial Center. The 32-acre industrial park adjacent to The Beacon was developed by theNew Jersey Economic Development Authority, which also makes development bond financmg available to potentialtenants. The fmns in the Montgomery Industrial Center have created more than 300 construction. Jobs and 600permanent jobs. Rajbhog Foods, makers of Indian bread, constructed a new plant with assistance from the New JerseyBusiness Employment Incentive Program and the New Jersey Local Development Finance Fund, and a $50,000relocation, grant from the Jersey City Urban Enterprise Zone. Other food related services attracted to this location, areWei Chuan USA and Woolco Foods, DeBragga & Spitler relocated to 55-77 Amity Street from the Meatpacking
A-50
District in Manhattan. They are leasing an existing warehouse and purchasing the adjacent vacant land for parking andeventual expansion.. They certified into the UEZ Program and took advantage of Jersey City's $50,000 relocation grant.
Newport Redevelopment Area Project The Newport Center project is a 300-acre, master-plaimed mixeduse community consisting of retail, residential, office; leisure, and. entertainment facilities. In December 19S2; JerseyCity received approval of a $40 million Urban Development Action Grant (UDAG), the largest ever awarded in thehistory of that Federal program, that effectively jump started the Newport development. The first buildmg constructedwas the Newport Centre Mall. It is a premier shopping center with 130 individual stores, anchored by 4 majordepartment stores, a multiplex movie theater, and a food court. Since that time, development has continued in earnest,extendmg roadways, transportation choices and other community amenities. The Newport Associates Development Co.has just completed "Newport Green", a new 5-acre playground and park connecting Washington Boulevard to theWater&ont Walkway at Fourteenth Street. It includes the first urban beach in New Jersey, a recreational field, anoutdoor ping pong table, and several landscaped gardens.
"The Laguna", the most recent tower to complete constmctioni was fully leased within 6 months of opening ia2013. This 17-story residential tower along the Waterfi-ont WaLkway at Fourteenth Sti-eet includes 158 rental apartmentsand 5,500 square feet of ground-floor retail.
Over $2 bUlion has been invested and more than 1 1 million square feet has been constructed at Newport.When completed, the $10 billion investment into the Newport community will provide-housing for approximately30,000 residents in 9,000 apartments and have a 1.5 mile section of the Hudson River Waterfront Walkway., 7 millionsq. ft. of prestigious office space and two million square feet of retail and shopping opportunities. The NewportRedevelopment Area has developed into another new thriving neighborhood of the city. In addition to the mail, arearesidents and visitors can take advantage of 14 acres of green space, educational facilities, health and welhiess facilities,and even a yacht club.
Powerhouse Arts District Redevelopment Area., The Powerhouse Arts District Redevelopment Plan areaincludes a collection of historic warehouses that have been re-used for residential, art, and entertamment uses. The
district is unique and lends itself to conversion to a funky, fcrendy, retail and entertamment center. This district is 2-4blocks west of the waterfront and is anchored by the Powerhouse buildmg, an historic structure formerly the powerstation, for the Hudson and Manhattan Raih-oad. The 100-year-old castle-like building near the waterfront' is owned bythe City of Jersey City. The Cordish Company in conjim.ction with the NY/NJ Port Authority and the Jersey CityRedevelopment Agency have entered into a memorandum of agreement to stabilize and rehabilitate the formerpowerhouse into an entertainment destmation- for the waterfront. The Cordish Company plans to breathe life into thedeteriorating power plant just as it has successfully done m the Baltimore Inner Harbor.
Toll Brothers City Living recently completed the Provost Square development, a 3 acre site in downtown.Jersey City just a block from the Grove Street PATH station. The development-includes 3 high-rise towers, 38, 33, and28 stories, totaling 927 units; 960 parking spaces, 45,000 square feet of retail, and a state of the art 24,000 square foottheater as weU as 17,000 square feet of art related space. In between the buildings is a half acre public plaza.
Liberty Harbor North. This highly successful project does not look like a project at all. It is designed to bean extension of the existmg neighborhoods that surround it. This project has two marinas, several miles of waterfrontwalkway, direct comiections to Liberty State Park, ferry service to NYC, two Light Rail Stations and enjoys sweepingviews of Liberty State Park, Lower Manhattan and the NY Harbor. It was designed and master planned by the Congressfor New Urbanism co-foimders Andres Duany and Elizabeth Plater-Zybek. Phase one is complete with 600 residentialunits. New retail establishments have opened, mcludmg the immensely popular Zeppelin Hall Beer Garden, Surf CityBeach Bar, Tilted Kilt Pub, and Brew Shot Coffee Shop. Several mixed use projects by a number of differentdevelopers have also followed on the coattails of this project, in.cluding Gulls Cove, a 320 Condominium buildmg,completed in 2007, "225 Grand", completed in the summer of 2010 with 348 unit rental building by IronstateDevelopment, Inc. and the KRE Group, and "ISPark", completed m the spring of 2014 with over 400 units. The 11story ISPark facility also includes space for the Boys and Girls Club of Hudson County.
The planning board has also approved a mixed use building that includes a full service flagship Marriott hoteland 475 residences. As many as eleven (11) other buildings are already approved for the area, mcluding a newwaterfront park, central park and civic plaza.
Harborside Financial Center. The Harborside Financial Center began with a successful warehouseconversion from a refrigerated rail warehouse to Class A office space, which was followed by the construction of newoffice towers. It is an office and commercial holding of Mack-Cali Realty located on the Hudson River Waterfront
A-51
The complex includes restaurantSi a retail promenade, two tiered waterfront walkway with outdoor dming andadditional service amenities. The Harborside Financial Center currently consists of six office buildings, an indoor andoutdoor garden/plaza, and a HBLRT Station. It is all just minutes away from downtown. Manhattan via PATH train orferry. The complex also contains luxury rental, apartments on the North Pier and a fall service hotel on the South Pier.The Hyatt Regency Jersey City was the first full-service hotel on the Jersey City waterfront. It features 350 guestrooms, over 19,000 square feet ofmeetmg and facility space, a 165-seat restaurant, and a 75-seat lounge and incredibleviews of Manhattan and the New York Harbor. The current Master Plan for Harborside envisions one more officetower for Plaza 4 and six residential towers on Plazas 6, 7, 8 & 9, new roadway extensions and a widening of thepedestrian plaza adjacent to the light rail station.
Existing CommerciaVoffice building ofHarborside are as follows:
Harborside Plaza 1 400,000 Sq. ft. Re-Use
Harborside Plaza 2 761 ,200 Sq. ft. Re-Use
Harborside Plaza 3 725,600 Sq. ft. Re-Use
Harborside Plaza 4a 207,670 Sq. ft. New Construction
Harborside Plaza 5 977,225 Sq. ft. New Construction
Harborside Plaza 10 577,575 Sq. ft. New Construction
There are approximately 13,600 employees in the existing office towers.
Hamilton Square. The Hamilton Square project accomplishes adaptive re-use of the former St, FrancisHospital complex. The old hospital fanned an-artificial barrier, separatmg Hamilton Park, a 2 acre Victorian Square,from the east side of the neighborhood. The first phase of this development is complete. The new retail mcludes a.restaurant (GP's), an ice cream parlor that has received significant press and very positive reviews (MiUc Sugar Love),wine store; pet store, and vmtage department store. It brings the neighborhood together once agam by re-establishingthe cobblestone street leadmg to the park, rehabilitatmg some building, and replacing others., The blocks in theHamilton Park historic district neighborhood are filled with classic row houses and lush, tree-lined streets.
Colgate. Colgate Redevelopment Area is a 24 acre, 10 block site of Jersey City waterfront south of ExchangePlace. It was formerly the location of the manufacturing facility for the Colgate Palmolive Company. This area hasexperienced rapid growth over the past five years and is approaching its planned build-out of six million square feet ofoffice space and close to 2,000 residential units. The first major project in the Colgate Redevelopment Area was 101Hudson Sti'eet with 1.2 million square feet of office space in a well designed Art DECO Revival style skyscraper. Next,developed by Hartz Mountain Industries were 70 and 90 Hudson Street, two office towers on the riverfront with 358,000 and 372,000 square feet. SIP Properties' renovation of 95 Greene Street, 280,000 square feet of office space in theformer Colgate Perfume Buildmg, has been completely leased by Memll-Lynch. Goldman Sachs' now confa'ols threesite within the redevelopment plan area and treats this facility and the Sussex Street pier that they renovated as a public
campus with ferry and helicopter access to their sister campus on the Manhattan side of the River. Goldman Sachs hascompleted their owner occupied office building, a 42 story, 793 feet tail tower with. 1.5 million square feet of space,1,000 underground car garage; ground floor pedestrian and retail amenities. TMs tower, the tallest building in the stateof New Jersey, provides a unique identity and profile for the Jersey City skyline.
Tidewater Basin Redevelopment Area. The Tidewater Basin Redevelopment Area links new waterfrontdevelopment with the existing Paulus Hook Historic District. The charm of this area is especially enhanced bywatching cars share the path of the light rail trolley along the historic cobblestone street. The 324-unit Windsor atLiberty House was completed m September 2000. Other projects include the Pier House (106 condo units) and HudsonPoint (181 rental units); two projects at the foot of Warren Street, Liberty Pomte, a 32 unit condo project just upWarren Street from those previously described, Fulton's Landing with 105 con.dommium units,, and K. Hovnanian. atPaulus Hook with 71 condominiums units are all occupied and complete. 198 Van Vorst Street, a 131 unit, 7°storyresidential project with 4,426 square feet of retail, is completed and occupied.
Harsimus Cove Station Redevelopment Area. Several residential projects have been completed and leased.Among the completed projects are the following condominium and. rental units: Avalon Cove, Mandalay Bay on theHudson, Portofino, Marbella, and the (A\ These residential building encompass over 2,000 market rate units. MetroPlaza shopping center contains four retail buildings totaling 255,000 square feet. The Doubletree Hotel contains 200rooms. The most recent project to be completed in the area is the Monaco, a residential development of 524 rental unitsin two 39 story towers atop a 10 story 558 space parking garage and 6,100 square feet of ground floor retail on what is
A-52
was the Doubletree Hotel's parldng lot. The Redevelopment Plan calls for a residential-commercial mixed-use districtwhere certain lands are dedicated to the City of Jersey City for streets and parks. Projects recently completed include110 First Street and Maribella phase II.
Port Uberte; Liberty National Golf Course and Country Club, and the Residences at Liberty.Redevelopment of this scenic area adjacent to Liberty State Park began in 1985 with the development of docks, jetties,and canals for luxury residential apartments and town homes, some with private boat slips at their fi-ont door. Laterphases replaced new canal construction with an 18-hole professional Majors golf course and private club. LibertyNational Golf Course hosted its first, international PGA TOUR event, the Barclays, in August of 2009 and again mAugust 2013. In 2017 it will host the President's Cup. More than 1600 condommium units are completed with another1500 planned for the Port Liberty development area.
The Residences at Liberty is the residential development associated with the golf course. Construction hasbegun on 60 low-rise luxury units along the waterfront wallcway and adjacent to the golf club house. When completed,the Residences at Liberte will produce over 1,000 new condominium units located within three towers on the northernslope of the golf course.
Liberty State Park and Ellis Island. Over 2,000,000 persons visit Liberty State Park annually, making it themost popular of all state parks in New Jersey. It is the largest urban park in. the state, at approximately 1;200 acres. Itcurrently houses, two Marinas; a boat launch, the Liberty House (a 15,000 square, foot restaurant and banquet facility),the recently expanded Liberty Science Center, the restored historic Central Raikoad of New Jersey Terminal, and anaward-winning Interpretive Center. Maritime Parc Restaurant & Catering opened in October 2010 with a 30..000 squarefoot event space.
The restoration of Ellis Island is ongoing and the result of a partnership between the "National Parks Serviceand Save Ellis Island, Inc. The South Side of the island contains valuable historic resources such as the hospitalfacility, laundry and luggage building, open space and recreation area, nursing residence and other various supportbuilding, totaling 30 m all, built at the turn of the century to welcome immigrants to our land. It is the intent of theNational Park Service to renovate these buildings and keep them in public use. The American Family ImmigrationHistory Center was unveiled m 2001. Given its national and mtemational stature, the EUis Island Institute is proposed tobe a unique cultural, educational and conferencing facility that will use the power of place to create a venue forinternational cultural events and meetings. It will be involve reuse of the 29 existing buildings on the island and newconstruction of a hotel, museum and educational facilities. At completion, it will employ 275 full-time and 350 part-time workers.
Ferries to the Statue of Liberty and Ellis Island leave from Jersey City, Liberty State Park throughout the day.The park, a state and regional amenity that attracts visitors from a wide area, is frequently the site of State wide events,including concerts, festivals, and tournaments.
The Division of Planning has conducted a Liberty State Park Circulator Cost-Benefit Analysis. This study is animportant fast step in restoring transit service to destinations within Liberty State Park. A circulator would build on theCity's public transportation network that currently serves the edge of the park. This potential service would make thepark more accessible to tihe 40% of Jersey City households that do not have access to a vehicle..
The Beacon. This central City project is the rehabilitation of a monumental Art Deco New DealGovemmental/Hospital Complex. It consists of the adaptive re-use and renovation often (10) Mgh rise structureSiinterior and exterior historic renovation of significant Art Deco and W Project artifacts, mcludmg two theaters,meeting rooms, and lobby space, and new construction, of a multi level garage, health spa, pool, museum, and varioustypes of amenity space. Completion of this project, which is the largest historic restoration project in the nation, isexpected to create approximately 1,200 market rate' residential units. This project represents a significant privateinvestment that is outside of the City's downtown waterfront financial center. Shuttle and full concierge services areprovide to various mass transit choices throughout the city.
Grove Plaza. As recently as 2000, the Grove Plaza area was considered to be too far from the waterfront to bedesirable for high end market rate units. Today, Grove Plaza is considered the heart of downtown. The newlyrenovated and re-designed Grove Street PATH Station Plaza has served as a festival site and farmers market adding tothe vitality of the shopping destination, 2 new 60-story residential, towers, 70 and 90 Columbus; will rise connected by ahotel in a 150 foot base. New residential construction is moving west along Newark Avenue, includmg 8 newrestaurants along a pedestrian waFkway has been completed.
A-53
IVIartin Luther King Drive. The redevelopment of Martm Luther King Drive began as a grassrootscommunity based initiative with far-reachmg support. Since the adoption of the MLK Drive Redevelopment Plan bythe City Council m December 1993, the development of the MLK HUB Shopping Plaza has been accomplished. A55,000 square feet supermarket and ancillary stores-are in place. The HUB development is now under new ownership.Through a partnership of the Jersey City Redevelopment Agency, Universal Companies of Philadelphia, andBrandywine Corp., MLK Drive will be receivmg approximately 205 uaits of work force housing to be built on Cityland in. and around the HUB. Goldman-Sachs has sponsored a 20 unit housing development just north of the HUBPlaza and light rail station, which has been completed and sold as affordable condomiamms.
The Fred W. Martin Apartments offer 39 affordable units in a 4-story building with 12,000 square feet of retailspace along the Drive, Many other mixed-use and residential projects are underway along the Drive.
In 2015, The Jersey City Employment and Trainmg Program (JCETP) relocated to the HUB, with Speaker ofthe House of Representatives Nancy Pelosi, New Jersey Governor Chris Christie, Senator Robert Menendez, NAACPPresident Cornell Brooks, Congressman Donald Payne Jr., Congressman Albio Sh'es, and former New Jersey GovernorsBrendan Byme and Thomas Keane all attending the ribbon cuttmg ceremony. JCETP includes the prisoner re-entryprogram that provides addiction b'eatment, housing, and employmerit services as well as standard employmentprograms for youth, seniors, veterans, and welfare recipients. Former Governor James McGreevey is the director of the
JCETP.
IVIonticello Avenue. The Monticello Redevelopment Plan covers Monticello Avenue be^een CommunipawAvenue and IVtontgomery Street. It encompasses 19 blocks geographically located at the center of Jersey City. The goalis to establish a historically preserved and revitalized neighborhood" a shopping district with. a mix of retail; restaurantand service businesses, as well as arts-related venues and activities that reflect the diversity and strong sense ofcommunity that prevail in the area. The 12 unit "Rock Garden Plaza" and the 6 unit "120-122 Monticello Avenue" withapproximately 7,000 square feet of childcare space on the ground floor, have been completed.
Canal Crossing. The proposed Canal Crossing Redevelopment Plan Area is approximately 111 acres in areaand is located in the southeastern section of the City of Jersey City. It establishes a new-urbanist community withvaried housmg type, variable uses, a central boulevard and central park, high density around the Garfleld Avenue LightRail Station and accommodations for various types of open space and educational facilities.
Berry Lane Park. Berry Lane Park is a 17.5 acre park was recently completed on a former brownfleld site inthe Communipaw-Lafayette Section of Jersey City, New Jersey. Construction of the park began in 2012 and opened inthe summer of 2016. The park is located between Garfleld Avenue and Woodward Street near the Garfleld AvenueHudson Bergen Light Rail station. Directly south of Berry Lane Park is Canal Crossmg^ an adjacent brownfield siteslated for a future residential development.
Berry Lane Park is the largest municipal park in Jersey City. The site includes two basketbaU courts, twotennis courts, a baseball field, a soccer field, a playground, a rain garden, 600 new trees, and a splash pad water park.New park features coexist with older existing stmctures that will be preserved or modified: for example, the largeconcrete silos from a former rail yard will be renovated to contam water features.
Holland Tunnel and Jersey Avenue Redevelopment Area. The expanse of land bounded by the entry/exitof the Holland Tunnel, the base of the Palisade Cliffs and neighboring the City ofHoboken; had remained unnoticed formany years. Its newly discovered attractiveness has accelerated an effort to re-connect existing streets, -create more
building lots and street frontages. There are current NJ Transit approvals for the creation of a new HBLRT Station atJersey Avenue and Eighteenth Street. Residential re-development of the 10th Street corridor is almost complete; withthe latest addition of the 58 condominium unit Schroeder Loft project adding to the LeFrak-developed apartm.en.ts thatpresently line the corridor, In November 2007, The Home Depot opened a 105,121 square feet multi-level store, whichemploys 177 people and generatmg $50 million in annual sales. Other recently completed residential additions includeThe Cliffs, 700 Grove Street, Cast Iron Lofts, and Zephyr Lofts.
Proposed plans mclude the Hoboken Redevelopment Plan area and the New York Avenue RedevelopmentPlan area. The 7 acre Van Leer Chocolate Factory site is slated to have up to 90-percent energy savings compared totraditional buildings through the use of geothermal and solar energy, as well as other green technologies and has beenrecognized m the 11th annual Governor's Environmental Excellence Awards m December 2010.
JVIajestic Theater and the JVtajestic U Projects* The adaptive re-use of the liistoric Majestic Theater acrossfrom City Hall mcluding the three adjacent historic revival mixed use properties that were vacant and dilapidated, and
A-54
development of a new adjoming 45 unit residential building. All of the constructed residential units have been sold orrented, and all of the highly desirable commercial spaces have been filled. Majestic II, which is a new mixed useclassic mid-rise building with ground floor retail, will complete the third comer of the NIontgomery Street & GroveStreet intersection, connecting the eclectic buildings • of the Van Vorst Historic District to the new City Hallneighborhood redevelopment. Across the street from the Majestic Projects and City Hall is an additional 99 unit 7 storybuilding with ground floor retail space, which opened in early 2016.
New Jersey City Medical Center and Grand Jersey Redevelopment Plan Area. The Jersey City MedicalCenter opened its 325 bed medical facility at Grand and Jersey Avenues m 2004. This $180 million facility wasfinanced by the FHA. Liberty Health has just completed a 5-story Medical Arts Building adjacent to the Medial Center.There are also plans to triple the capacity of the Emergency Department. New infrastructure; new streets, publicgarage, and new residential building are planned for this area to mirror the street grid and density of Liberty HarborNorth. NIDEP has awarded Jersey City a special representative to coordinate the clean-up of the area to accelerate itsredevelopment. Several projects within the area have already achieved site plan approvals and are ready to moveforward. This redevelopment plan will also incorporate the re-Iocation of the Mill Creek Sewage outfall, allow for thecreation of new wetlands adjacent to Liberty State Park and replace the pedestrian bridge with a pedestrian and bicyclefriendly vehicular connection from downtown Jersey City to the Park.
A-55
APPENDDC B
CITY OF JERSEY CITY,IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY
INDEPENDENT AUDITORS^ REPORT AND AUDITED FINANCIAL STATEMENTS ANDACCOUNTANTS5 COMPILATION REPORT AND UNAUDITED FINANCIAL STATEMENTS
APPENDIX C
FORM OF BOND COUNSEL OPINION
APPENDIX D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
EXHIBIT B
FORM OF CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed anddelivered by the City of Jersey City, in the County of Hudson, New Jersey (the "Issuer") inconnection with the issuance by the Issuer of its $6,825,000 Bond Anticipation Notes, Series2018B (Federally Taxable) (the "Series 2018B Notes"), its $45,031,115 Bond AnticipationNotes, Series 2018C (the "Series 2018C Notes") and its $940,500 Special Emergency Notes,Series 2018D (the "Series 2018D Notes", and together with the Series 2018B Notes and theSeries 2018C Notes, the "Notes"). The Notes are being issued pursuant to ordinances and a
resolution duly adopted by the Municipal Council. The Issuer covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is beingexecuted and delivered by the Issuer for the.benefit of the Noteholders and Beneficial Owners of
the Notes and in order to assist the Participating Underwriter in complying with the provisions ofRule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission ("SEC") under theSecurities Exchange Act of 1934, as the same may be amended from time to time ("ExchangeAct").
SECTION 2. Definitions. In addition to the definitions set forth in the Resolution,which apply to any capitalized term used m this Disclosure Certificate unless otherwise definedin this Section, the following capitalized terms shall have the following meanings:
Beneficial Owner shall mean any person which (a) has the power, directly or indu-ectly,
to vote or consent with respect to, or to dispose of ownership of, any Notes (including persons
holding Notes through nominees, depositories or other intermediaries), or (b) is treated as theowner of any Notes for federal income tax purposes.
Continuing Disclosure Information" shall mean: (i) any notice required to be filed withthe MSRB pursuant to Section 4 hereof; and (ii) any notice of an event required to be filed withthe MSRB pursuant to Section 3(c) hereof.
"Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent
designated in writing by the Issuer and which has filed with the Issuer a written acceptance ofsuch designation.
"Listed Events" shall mean any of the events listed in Section 3 (a) of this DisclosureCertificate.
"MSRB" shall mean the Municipal Securities Rulemaking Board established pursuant to
Section 15B(b)(l) of the Exchange Act.
"Noteholder" shall mean any person who is the registered owner of any Note, including
holders of beneficial interests in the Notes.
"Participating Underwriter" shall mean any of the original underwriters of the Notes
required to comply with the Rule in connection with offering of the Notes."Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange
Commission under the Exchange Act.
"State" shall mean the State of New Jersey.
SECTION 3. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 3, the Issuer shall give, or causeto be given, notice of the occurrence of any of the following events with respect to the Notes:
1. principal and interest payment delinquencies;
2. non-payment related defaults, if material;
3. unscheduled draws on the debt service reserves reflecting fmancial
difficulties;
4. unscheduled draws on the credit enhancements reflecting financial
difficulties;
5. substitution of the credit or liquidity providers or their failure toperform;
6. adverse tax opinions, the issuance by the Internal Revenue Service
of proposed or final determinations of taxability. Notices ofProposed Issue (IRS Form 5701-TEB) or other material notices ordeterminations with respect to the tax status of the Notes, or othermaterial events affecting the tax-exempt status of the Notes;
7. modifications to rights ofNoteholders, if material;
8. Note calls, if material, and tender offers;
9. defeasances;
10. release, substitution or sale of property securing repayment of the
Notes, if material;
11. rating changes;
12. bankruptcy, insolvency, receivership or similar events of the
Issuer, which shall be considered to occur when any of thefollowing occur: the appointment of a receiver, fiscal agent or
similar officer for the Issuer in a proceeding under the U.S.
Bankruptcy Code or in any other proceeding under state or federallaw in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of theIssuer, or if such jurisdiction has been assumed by leaving theexisting governing body and officials or officers in possession butsubject to the supervision and orders of a court or governmental
authority, or the entry of an order confirming a plan ofreorganization, arrangement or liquidation by a court orgovernmental authority having supervision or jurisdiction over
substantially all of the assets or business of the Issuer;
13. the consummation of a merger, consolidation, or acquisitioninvolving the Issuer or the sale of all or substantially all of theassets of the Issuer, other than in the ordinary course of business,
the entry into a definitive agreement to undertake such an action orthe termination of a definitive agreement relating to any such
actions, other than pursuant to its terms, if material; and
14. appointment of a successor or additional tmstee or the change of
name of a trustee, if material.
(b) Whenever the Issuer obtains knowledge of the occurrence of a ListedEvent described in subsection (a) for which the disclosure obligation is dependent uponmateriality, the Issuer shall as soon as possible determine if such event would be material under
applicable federal securities laws.
(c) If disclosure of a Listed Event is required, the Issuer shall in a timelymanner not in excess of ten business days after the occurrence of the event, file a notice of suchoccurrence with the MSRB in an electronic format as prescribed by the MSRB. All documents
provided to the MSRB shall be accompanied by identifying information as prescribed by theMSRB.
SECTION 4. Termination of Reporting Obligation. The Issuer's obligations under thisDisclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment infull of all of the Notes. If such termination occurs prior to the final maturity of the Notes, the
Issuer shall give notice of such termination in the same manner as for a Listed Event under
Section 3(c).
SECTION 5. Dissemination Agent. The Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it m carrying out its obligations under this DisclosureCertificate, and may discharge any such Dissemination Agent, with or without appointing asuccessor Dissemination Agent. The Dissemination Agent shall not be responsible in anymanner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure
Certificate. The initial Dissemination Agent shall be the Issuer.
SECTION 6. Amendment; Waiver. Notwithstanding any other provision of thisDisclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of
this Disclosure Certificate may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Section 3, it mayonly be made in connection with a change in circumstances that arises from a change in legalrequirements, change in law, or change in the identity, nature or status of an obligated person
with respect to the Notes, or the type of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would,
in the opmion of nationally recognized bond counsel, have complied with the requirements of theRule at the time of the original issuance of the Notes, after taking into account any amendments
or interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver does not, in the opinion of nationallyrecognized bond counsel, materially impair the interests of the Noteholders or Beneficial Owners
of the Notes.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuershall describe such amendment in the same manner as for a Listed Event under Section 3(a), and
shall include a narrative explanation of the reason for the amendment or waiver.
SECTION 7. Additional Information. Nothing in this Disclosure Certificate shall bedeemed to prevent the Issuer from disseminating any other information, using the means ofdissemination set forth in this Disclosure Certificate or any other means of communication, or
including any other notice of occurrence of a Listed Event, in addition to that which is requiredby this Disclosure Certificate. If the Issuer chooses to include any information in any notice of
occurrence of a Listed Event in addition to that which is specifically required by this DisclosureCertificate, the Issuer shall have no obligation under this Certificate to update such informationor include it in any future notice of occurrence of a Listed Event.
SECTION 8. Default. In the event of a failure of the Issuer to comply with anyprovision of this Disclosure Certificate, any Noteholder or Beneficial Owner of the Notes maytake such actions as may be necessary and appropriate, including seeking mandamus or specific
performance by court order, to cause the Issuer to comply with its obligations under thisDisclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Eventof Default on the Notes, and the sole remedy under this Disclosure Certificate in the event of any
failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel
performance.
SECTION 9. Duties, Immunities and Liabilities of Dissemination Agent. TheDissemination Agent shall have only such duties as are specifically set forth in this DisclosureCertificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers,directors, employees and agents, harmless against any loss, expense and liabilities which it may
incur arising out of or in the exercise or performance of its powers and duties hereunder,
including the costs and expenses (including attorneys fees) of defending against any claim ofliability, but excluding liabilities due to the Dissemination Agent's gross negligence or willfulmisconduct. The obligations of the Issuer under this Section shall survive resignation or removal
of the Dissemination Agent and payment of the Notes.
SECTION 10. Beneficiaries. This Disclosure Certificate shall inure solely to the benefitof the Issuer, the Dissemination Agent, the Participating Underwriter and the Noteholders andBeneficial Owners from time to time of the Notes, and shall create no rights in any other person
or entity.
Date: _ _ _, 2018
CITY OF JERSEY CITY, IN THE COUNTY OFHUDSON, NEW JERSEY
By:.
Donna L. Mauer, Chief Financial Officer
City Clerk File No. Res- 18-475
Agenda No. _ 10• C
Approved:_MAY 2 3 2018
TITLE:
RESOLUTION (1) mTRODUCING AND APPROVING THE 2019 BUDGET OF THEJOURNAL SQUARE SPECIAL IMPROVEMENT DISTRICT; (2) DIRECTING THE CITYCLERK TO PUBLICLY ADVERTISE THE BUDGET AND SCHEDULE A PUBLICHEARING; AND (3) DIRECTING THE TAX ASSESSOR TO PREPARE AN ASSESSMENTROLL OF PROPERTIES WITHIN THE DISTRICT BASED UPON THE BUDGET
COUNCIL o£fered and moved adoption of the following Resolution:
WHEREAS, pursuant to NJ^SA, 40:56.71 et sep., and by the adoption of Ordinance 94-024, the
City of Jersey City established the Journal Square Special Improvement District (JSSID) to beoperated by the Journal Square Special Improvement District Management Corporation; and
WHEREAS, underNJ.S.A.40:56-80, the District Management Coi'poration must prepare an annual
budget that includes an estimate of the annual costs of operating the district including:
(I) the costs charged against municipal funds for general street maintenance;
(2) the costs charged against properties within the District in proportion to the benefits conferredby the annual improvements;
(3) costs, if any, to be assessed against properties in the District; and
WHEREAS, upon receipt of the budget, the Mumeipal Council is required to consider the budget,approve the budget, schedule a public hearing and adopt the budget with such amendments as the
governing body considers necessary; and
WHEREAS) upon approval of the budget the Tax Assessor is required to prepare an assessment roll
listing the properties to the specially assessed in accordance with the budget and calculate the amount
of the assessment to be charged to each property; and
WHEREAS, the District Management Corporation of Journal Square Special Improvement Districthas submitted its 2019 fiscal year budget, July 1, 2018 - June 30, 2019 to the Council, a copy ofwhich is attached hereto as Exhibit A; and
NOW, THEREFORE BE IT RESOLVED, with amajority of the full membership of the Councilconcurring that;
1. The 2019 fiscal year budget, July 1, 2018 - June 30, 2019 of the Journal Square SpecialImprovement District, attached hereto as Exhibit A, was approved by the Journal Square
Special Improvement District at its April 10, 2018 meeting:
2. The budget as submitted to the City is hereby retroactively iirtroduced and approved, subj ectto a public hearing prior to adoption.
3. The Tax Assessor is directed to do the following:
Pg.#Continuation of Resolution
City Clerk Fi)e No, _Res. 18-475
Agenda No. _10.CTITLE:
(a) prepare an assessment roll specifying the amounts specifically assessed against each
benefitted and assessable property in the District in proportion to the benefitconferred, based upon the approved budget in accordance with the procedures
prescribed in N,J.S.A,40;56-80(c). Such assessment roll shall include a description
of each property and the names of the owners; and
(b) file the assessment roll in the Office of the City Clerk to be available .for publicinspection.
4, The City Clerk is directed to do the following:
(a) schedule a public hearing on the budget and the amount of the assessments not lessthan 28 days from the date of this Resolution;
(b) at least 10 days prior to the date of the hearing publish a notice setting the time andplace of the public hearing on the budget and amounts of the special assessments; and
publish a copy of the entire budget in a newspaper of general circulation;
(c) at least 10 days prior to the date the notice is published, send a copy of the notice ofpublic hearing to the named owners of each property proposed to be assessed; and
(d) at least 10 days before the date of the scheduled hearing
(i) post a complete copy of the approved budget in City Hall in the customarylocation for posting public notices;
(ii) post a complete copy of the assessment roll in City Hall in the customarylocation for posting public notices; and
(iii) make available a copy of the budget to any person requesting it up to andincluding the date of the public hearing.
5. Upon approval of the assessment roll with any changes approved by the Council, the City
Clerk shall immediately certify a copy of the assessment roll to the County Tax Board to beeffective as of July 1, 2018.
APPROVED:
APPROVED:Business Administrator
APPROVED AS TO LEGAL FORM
Corporation Counsel
Certification Required D
Not Required D
COUNCILPERSONRtDLEY
PRINZ-AREY
BOGGIANO
APPROVED 9-6RECORD OF COUNCIL VOTE ON FINAL PASSAGE tj. ?.1.1 ft
AYE
z:Z]~7"
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~z_3Z~T
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES
AYE
~z_•y.
~7~
NAY N.V.
/ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
R6lanjSf5 R. Lavarro, Jr, president of Council(kA
Robert Byrne, CityjSlerklerk
RESOLUTION FACT SHEET- NON-CONTRACTUALThis 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.
Full Title ofOrdinance/Resolution
RESOLUTION (1) INTRODUCING AND APPROVING THE 2019 BUDGET OF THE _JOURNALSQUARE SPECIAL IMPROVEMENT DISTRICT; (2) DIRECTING THE CITY CLERK TOPUBLICLY ADVERTISE THE BUDGET AND SCHEDULE A PUBLIC HEARING; AND (3)DIRECTING THE TAX ASSESSOR TO PREPARE AN ASSESSMENT ROLL OF PROPERTIESWITHIN THE DISTRICT BASED UPON THE BUDGET.
InitiaforDepartment/DivisionName/TitlePhone/email
OFFICE OP THE CITY CLERICROBERT BYKNE201-547-5149
CITY CLERK
4
Note; Initiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
To approve an operating budget for the Journal Square Special Improvement District
I certify that all the facts presented herein are accurate.
Signature of Department Director Date
Journal Square Restoration Corporation 14 PATH PSaza, Jersey City, NJ 07306 201795-1854 Fax2017S5-1976
Aprill7,2018
Mi. Robert Byme, RMCCity ClerkCity of Jersey City280 Grove StreetJersey City, NJ 07302
SUBJECT: JSSID SID Budget for FY2019
Dear'Mr.Byme:
la keeping with the budget process established in prior years, attached are the following documentspertaining to the Joumal Square SH) Budget for the period from July 1,2018 through June 30, 2019:
9 SED Resolutiou on the FY2019 Budget - memoriaUzing the action taken at the Annual Meetingon April 10,2018 and'mitiating the fomaal submission of the approved budget in the total amountof $776,000 to the Municipal Council of the City of Jersey City. The amount to be raisedthrough the SED Tax Assessment is $773,000, which constitutes no increase over the currentamount;
a SID Budget Application for FY2019 ~ in the standard format and dated April 10, 2018;
I am enclosing two original copies of the budget for your use in ad.vertismg/reproduction, an originalresolution and a CD with the electronic files of the budget and resolution to facilitate your transfer ofmfomiation as necessary. Please let me know if a copy should be emailed and to whom.
Your efforts to put our budget before the Municipal Council in a timely fashion are greatly appreciated.As you know, a well-timed review and approval can considerably lessen our financial difficulties duringthe late summer and fall.
If there is any additional information or documentation that you require, or if we can be of any assistanceto your office in preparing fh.e notices for distribution, please call me (201-424-6499). Thanks agarn!
Sincerely,
[stopher BemardoExecutive Director
xc: J. Galatz, President
S. Harwood, Treasurer
Councilman R, Boggiano •D. Pandolfo, Mayors' Representative to JSSID
T-M-U!.^—
;S^ d 81 HdVglOZ
n^;^
Journal Square Restoration Corporation 14 PATH Plaza, Jersey City, NJ 07306 201 755-1854 Fax 201 79E-1976
RESOLUTION RECOMMENDINGmG THE 2019 FISCAL YEAR BUDGETOF THE JOURNAL SQUARE SPECIAL
IMPROVEMENT DISTRICT MANAGEMENT CORPORATION(JOURNAL SQUARE RESTORATION CORPORATION)
WHEREAS, pursuant to Article II, Section 12 of the By-Laws of the Journal SquareSpecial Improvement District Management Corporation (Journal Square Restoration
Corporation) and Ordinance 94-105 of the City of Jersey City (amending in its entiretyJersey City Ordinance #94-024); and
WHEREAS, under NJSA 40:56-80, the District Management Corporation must submitan annual budget for approval by the Municipal Council; such budget must include anestimate of the annual costs of operating the district;
NOW, THEREFORE BE IT RESOLVED THAT
1. The Journal Square Improvement District Management Corporation (d/b/a JournalSquare Restoration Corporation) held its 2018 Annual Meetmg on Tuesday, April10, 2018 at the Hudson County Improvement Authority, 830 Bergen Avenue,Jersey City, NJ in accordance with its By-Laws;
2. A quorum was in attendance in accordance wifh Article 1, Section 6 of the By-
Laws of the Journal Square Special Improvement District ManagementCorporation (d/b/a Jouraal Square Restoration Corporation);
3. The 2019 Fiscal Year Budget, covering fhe twelve-month period July 1, 2018through June 30, 2019, in the amount of $776,000.00 was moved and seconded,
and recommended by the general membership for submission to the City Councilof the City of Jersey City for adoption.
Each explanation should be footnoted on the left hand column of page 1.
A7 S1D Assessment includes NO increase
|SID - Reserve Fund (approx. $300,000 at EOY FY18) - FY19 Proposed Budget anticipates $3,000 from Resen/eI Funds to avoid an Assessment increase to fully cover costs.
A9 Private - Donations, Contributions, Sponsorehips, Fees (e.g. Farmers Market), Assumes NO Private Funding in FY19.
A18 Rent-Office-PANYNJ-Donated-Five Year Commitment 12/13-12/18
A19 Insurance includes D&O, Public Liabiiity and Office Contents
A20 Equipment includes office, computer and telecommunications equipment maintenance, service and leasing
A21 Office and other supplies/sen/ices and postage
A22 Audit includes financial and audit servi&es and tax filings
A23 Legal services to advise the board on by-laws and non-profit law & procedures
A24 Secure storage of corporation documents and service equipment;secured parking
A27 Telephone includes actual costs of teiecommunications charges and high-speed internet service
A28 Website Hosting and IVlaintenance services with regularly scheduled updates
A32 Continues outsourced Administrative Management/Advocacy services to the district
A35
The Program Manager will focus on the day-to-day advocacy and management associated with on-streetcommunications and support for the programs and activities outlined in the JSSID RFP and for those activities to bedefined and implemented by the District Administrator, including community development and marketingactivities.These services will be provided by an experienced'individual with strong administrative and projectmanagement experience.
A36
Apr to Dec Farmers Market and Disrict entertainment; New Decorative light pole banners, necessary repairs andmaintenance; New Way Finding and Destination Signage; New District Gateway Improvements; Planned HolidayLighting Program ($13,500 per proposed 3-year agreement thai 2019) plus decorations throughout district;Intern et/Socia! Media (Facebook/Twitter) Promotions.
[RetaiI/Restaurant Spotlight Features; City fee for 8 monthly permits at $100 per month (May thru Dec) plus marketing|and enhancements; Support for City-sponsored Retail Promotions i.e Small Business Saturday.
A46Neighborhood Clean-ups w/ local BSock Associations i.e. Speers Cemetery Clean-up, Old Bergen Cemetery Clean-upand Magnolia Avenue Clean-up; Support for Community Programs and Events, i.e. Navratri (4-day),DiwaIi (1-day),Egyptfest (1-day) and other District "impact" events.
[Landscaping, Planting and Planter Program in and around Fountain/Kiosk area, JFK Blvd Median, PATHI Transportation Center, etc.
The Operations Manager is the sensor contractor representative with overall responsibility for the day-to-daymanagement of the Ambassador and Maintenance-Clean Team operations outlined in the JSSID RFP and f(activities to be defined and implemented by the District Administrator. It is anticipated that these services wilprovided by an experienced individual with strong administrative, personnel and management experience.
A54
Ambassadors provide the daily on-street suDervision of guality-of-iife issues and hour-to-hour interface with the at-rlskpopulation, business and residential stakeholders, Police and EMS, governmental staff and institutional managers totreat the issues outlined in the JSS!D RFP; the management, supervisory and field roles that are being proposed forthis service, include a staff list and number of personnel proposed, a description of the chain-of-command betweenpersonnel categories, and a description of the anticipated advocacy and communications activities that will take placebetween the contractor's personnel and municipa! and private stakeholders. Extended Ambassador/Supervisorsen/ice includes providing all of the above services on Weekday evenings and Saturday evening.
A54
IVIaintenance-Clean Team sen/ices primary focus is on the daily maintenance and beautifscation of the district,
including but not limited to: Removal of trash bags from public receptacles and illegal dumping; Transportation oftrash bags to designated municipal faciiities; Manual sweeping of sidewalks and curb lines; Removal ofgraffiti/stickers/posters from public amenities (trash cans/light poles/utility-boxes); Pressure washing sidewalks toremove grease/dirt and gum; Removal of weeds from sidewalks/tree wells/planters; remove dead plants fromplanters; Clearing of snow from curb cuts/handicap accessible plates and crosswalks; Watering of planters andplanting beds. Extended Maintenance-CIean Team service includes providing all of the above services on Weekdayevenings and Saturday evening.
A55 Supplies supporting the Maintenence efforts including imprinted trash bags, ice melt products, etc.
CityCierk Fife No.
Agenda No.
Approved:.
TITLE:
JRESOLVnON AUTHORIZING THEBETWEEN THE CITY OF JERSEYOPERATING ENGINEERS, LOCAL 68-68A
EXECUTION OF AN AGREEMENTINTERNATIONAL UNION OF
8A-68B, AFL-CIO
COUNCILresolution:
offered and moved adoption of the following
WHEREAS, a tentative agreement has been entered into after bargammg sessions by and between
the City of Jersey City and the International Union of Operating Engineers, Local 68-68A-68B,AFL-CIO; and
WHEREAS, it is the desire of the Municipal Council of the City of Jersey City to approve theattached Memorandum of Agreement covering tlie contractual term. from January 1, 2016 through
December 31,2019; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey Citythat:
1. The Memorandum of Agreement attached hereto, entered into by and between the City of
Jersey City and International Union of Operating Engineers, Local 68-68A-68B, AFL-CIO, is
hereby approved; and
2. The Mayor or Business Administrator is hereby authorized to sign a formal labor contract
on behalf of the City of Jersey City in accordance with the attached Memorandum of Agreement.
sc05/J5/15
APPROVED:
APPROVED: illBusiness Administrator
APPROVED A_S TO LEGAL FORM
Corporation Counsel
Certification Required G
Not Required D
COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
APPROVEDRECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.
AYE
~z_~7~
~z_
NAY NV. COUNCILPERSONYUNSOLOMON
ROBINSON
AYE
~z_~7~
~7
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES,
<?'o
18AYE
z:^z</
NAY N.V,
/ Indicates Vote
Adopted atjuneeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
RiSando R. Lavarro, Jr., President of Counc
/yRobert Byrne, Qi^ Clerk
MEMORANDUM OF AGREEMENT
Between-
Intematioml Union of Operadng EQgineet-s, Local 68-68A-68B, AFL-CIO ("Local 68")"and-
The City of Jersey City ("Jersey City )
Jersey City and Local 68 (coUectively "Pardes") liereby agtee to the foUowing termsand conditions of employment for a successor collective negodations flgreemenfc
("Agreement").
This Memorandum of Agreement ( MOA ) is subject to ratiHcatioa by thetnembership of Local 68 iitid fmal approval of Jersey Cit/s Municipal Council. Theamendments set forth in this MOA shall be effective upon ratification by the tnembership ofLocal 68 and final approval of Jersey City's Municipal Council,
This MOA adopts the Agreement between die Pai-des foi: the peuod ofjanuaiy 1,2012through Decembei: 31, 2015, subject to die amendments set forth herein. The provisions oftlie Agreement ate changed only to the extent indicated heirem aad remain otherwise
unchanged and in full force and effect until changed.
This MOA is also subject to die laws and regulations of fchc State of New Jetsey,induclkig, but not limited to, the Employei-Bmployee Relations Act and the New Jersey CivilService Act as well as the -regulations promulgated pursuant to these Acts.
I* Snsufance. Health and Welfare - Article XVII is amended as follows:
(a) The co-pay fo£ Emergency R.oorn- visits shaU be increased to $50, unless theemployee is admitted to the hospital,ln which case the co-pay shaU be waived.
(b) The employee shatt meet die following deductibles puo-t to reifflbursement forany out-of-nefcvvork medical semces: (i) $250 annually fox individuals and (ii)$500 annually fot husband/spouse and families. Once the above out-of-
network deducribie(s) are met, reimbutsemenfcs for out-of-network services
shall be made at 70% of the usual, customary, and reasonable changes based onthe FAIR Health fate schedule.
(c) The co-pays for prescdpfcion medications shall be a thjLee-dei: program: (i)
Genetic - ^5, (ii) Preferred Brand - $25; (iu) Non-Pteferred Stand - ^35 andshall only include medications on Nattoml Pi-efecred Formulajy Program list.Piescripdon covetage does not indnde compound medication unless, upon
appeal exetcised by die employee, it is defcemiined that the compound
prescdption is medically necessity and diere is no other altemadve prescription.It is mmdatoiry the employee shall accept, when available, die generic versiojaof a prescription medication.
2. Salaries - Ai-dcle XVIII is amended as follows:
(a) Salary increases set fofrfi in Pat'agraph A shall be amended as follows:
® 2016 - §1,450 (i-etcoacdve to January 1,2016)
» 2017 - $1,450 (reuoacdve tojanuaiy 1, 2017)
® 2018 " ^1,800 (jL-ett-oacdve to January 1,2018)
o 2019 - §1,850 (effective January 1,2019)
3, Overtime Pay & Shift Differential - Ardcle XXTV shall be amended as follows:
(a) Paragtaph 11 shall be added and read as follows; "Employees who are requu-ed
work during a Stete of Emergency covering the City of Jersey City, as declaredby Ae Governor of New Jersey, will receive double pay for all hours workedduring said State of Emergency."
4. Duration ofAfflE-eemeftt - Article XXX shall be amended to reflect that the new term
of die Agreement will be from January 1,2016 to Decembet 31, 2019.
SO AGREED:
For Jersey City:
R^iyeHTtKakoleski^
iusin^s Admi^istiitot
Scott ^. Carboae, Esq.,
Assistant Corporation Counsel
FO£ Lo^l 68
Ke&hWeicto, ^Business .R-epresentative, Local 68
TlUard Gallop,Shop Steward, Local 68
Dated: March 23,2018
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.
Full Title of Ordinance/ResoIution
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THECITY OF JERSEY CITY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS,LOCAL 68-68A-68B, AFL-CIO
Note: Initiator must be available by phone during the agenda meeting (Wednesday prior to council meeting @ 4:00 PM.)
Resolution Purpose
The Collective Bargainmg Agreement between the City of Jersey City ("City") and InternationalUnion of Operating Engineers, Local 68-68A-68B, AFL-CIO ("Local 68") expired on December31,2015. After collective bargaming sessions, the City and Local 68 have entered into a successor
agreement, which terms are enunciated m the attached Memorandum of Agreement ("MOA"). This
Resolution will authorize the Mayor or Business Administrator to sign a formal labor contract on
behalf of the City, the term of which shall be January 1, 2016 through December 31,2019.
Signature of Department Director
Date 51^^
City Clerk File No.
Agenda No.
Approved:.
TITLE:
RESOLUTION AUTHORIZING THE WAIVER OF THE TWENTY DAY WAITINGPERIOD PRIOR TO THE EFFECTIVE DATE OF CITY ORDINANCE 18-046
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, at its meeting of May 23, 2018, the Municipal Council adopted Ordinance 18-046amending and supplementing Chapter 345 [Zoning] of the Jersey City Municipal Code, by amendingthe City s R-2 Zone and creating a new R-2D Zone; and
WHEREAS, N.T.S.A. 40:69A-181Cb) provides for a 20-day period prior to the effective date of anordinance after adoption unless the Municipal Council, by resolution, declares an emergency andwaives the 20-day period; and
WHEREAS, at the same meeting on May 23, 2018, the Municipal Council adopted a resolutionpursuant to N.LS.A. 40:69A-181Cb] which waived the 20-day period prior to the effective date ofOrdinance 18-032 and thereby made the provisions set forth in Ordinance 18-046 take effectimmediately; and
WHEREAS, it is in the City's best interest that Ordinance 18-046 become effective immediatelysince there are no bulk, height, or density standards, development applications can fce submittedand approved without limit on these items; and the City wants to ensure nothing slips through thatdoes not align with the proposed changes to the R2-D zone.
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that:
(1) an emergency is hereby declared for the reason set forth above; and
[2] pursuant to N.J.S.A. 40:69A-181(b] the twenty [20] day waiting period prior to theeffective date of Ordinance 18-046 is hereby waived so that this Ordinance is effectiveimmediately.
BD/he5/16/18
APPROVED:
APPROVED: ^ 1/1APPROVED AS TO LEGAL FORM
^^—Business Administrator Corporation Counsel
Certification Required D
Not Required aAPPROVED ^-0
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRiNZ-AREY
80GG1ANO
AYE
~z_
~7~
NAY N.V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYEz"~7~
7~
NAY N.V, COUNCILPERSONRIVE RA
WATTERMAN
LAVARRO, PRES,
AYE
~T_~7~
~7~
NAY N.V.
/ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Rolando R. Lavarro, Jr., President of Council
City Clerk File No.
Agenda No.
Approved:
TITLE:
Res. 18-478
10.F
RESOLUTION OF THE CITY OF JERSEY CITY SUPPORTING THE RELOCATION OF THE KATYNFOREST MASSACRE MEMORIAL TO A NEW AND IMPROVED SITE AT THE FOOT OF YORKSTREETCOUNCIL offered and moved adoption of the following resolution:
WHEREAS, the citizens of the City of Jersey City ("City") and the Polish American community recognizethe need to commemorate the Katyn Forest Massacre where the brave officers of the Free Polish Armywere brutally murdered by the Soviet Union in 1940; and
WHEREAS, the Katyn Forest Memorial ("Memorial") was constructed in 1986 to honor these victims ofSoviet aggression and shortly thereafter, the Memorial was placed at the foot of Exchange Place; and
WHEREAS, due to the need to improve the existing public right of way at Exchange Place, includingimprovements to the public walkway and the plaza at the foot of Exchange Place, the Memorial needsto be relocated; and
WHEREAS, the City wishes to ensure that the Memorial will be preserved and placed in a location morebefitting its significance; and
WHEREAS, the City, in consuStation with various interested parties, including the Polish Americancommunity, worked together to determine a more suitable location in which to display the Memorial andthus better educate the public about the horrific event it commemorates; and
WHEREAS, the City, in collaboration with the Polish American community, determined that the foot ofYork Street (the York Street Site) would be the best location for those visiting the Memorial to experiencethe Memorial in a more meditative space and develop a more meaningful appreciation of this tragic event;and
WHEREAS, the York Street Sste, depicted on the Tax Map and in the Aerial Photograph attached heretoas Exhibit A and B respectively, will be a superior site for the Memorial and provide a more prominent,appropriate and permanent site in which to display.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City that:
1. The Mayor, the Business Administrator and or his/her designees are authorized to take any andall actions they deem or are considered appropriate or necessary, to finalize the relocation of theKatyn Forest Memorial to the foot of York Street, forthwith.
2. The Mayor or Business Administrator is hereby authorized to execute a Memorandum ofUnderstanding in substantially in the form attached, subject to such modification as the BusinessAdministrator or Corporation Counsel deems necessary or appropriate.
3. This resoiution shali take effect immediately.
APPROVED:
APPROVED;
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required D
Not Required aAPPROVED
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES,
AYE NAY N,V.
^ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N,J.
This MEMORANDUM OF UNDERSTANDING ("MOU"), dated as set forth below, isbetween and among the following entities:
• The City of Jersey City, a municipal corporation of the State of New Jersey, hereinafterreferred to as the "City," with offices at City Hall, 280 Grove Street, Jersey City, NJ07302;
» Katyn Forest Massacre Memorial Committee, Inc., a New Jersey non-profitcorporation in good standing with a business address at P.O. Box 1602, Cranford, New
Jersey 07016;
(Collectively, the "Parties").
WHEREAS, the Parties continue to recognize the need to commemorate the KatynForest Massacre where the brave officers of the Free Polish Anny were brutally murdered by theSoviet Union in 1940; and
WHEREAS, the Katyn Forest Memorial ("Memorial") was constructed in 1986 to honorthese victims of Soviet aggression and shortly thereafter, the Memorial was placed at the foot ofExchange Place; and
WHEREAS, the Parties desire to ensure that the Memorial will be preserved and placedin a location more befitting its significance; and
WHEREAS, the Parties, m consultation with various interested parties, including thePolish American community, worked together to determine a more suitable location in which to
display the Memorial and thus better educate the public about the horrific event itcommemorates; and
WHEREAS, the Parties, in collaboration with the Polish American community,determined that the foot of York Street (the York Street Site) would be the best location for thosevisiting the Memorial to experience the Memorial in a more raeditative space and develop a
more meaningful appreciation of this tragic event; and
WHEREAS, the parties believe that the York Street Site will be a superior site for theMemorial and provide a more prominent, appropriate and permanent site in which to display;
NOW, THEREFORE, the undersigned Parties express their commitment to contmue towork together towards the realization and achievement of the relocation of the Katyn Forest
Memorial from the foot of Exchange Place to the foot of York Street.
Page 1 of 2
This MOU constitutes a statement of purpose and intent and shall not be legally binding on theParties.
The City of Jersey City
By:
The Katyn Forest Massacre
M.emorial Committee, Inc.
By:
Dated: ,2018
Page 2 of 2
TITLE:
City Clerk File No.
Agenda No.
Aooro.ed: MAY 2 3 2018
RESOLUTION OF THE MUNICIPAL COUNCIL OF THE GIFT OF JERSEY CITYAUTHORIZING PROGRAM CONTRACTS UNDER THE COIVIh/lUNIT^ SERVICESBLOCK GRANT (CSBG) FOR PROGRAIV1 YEAR JANUARY 1, 2018 THROUGHDECEMBER 31, 2018
COUNCIL offered and moved adoption ofthe following resolution:
WHEREAS, the New Jersey Department of Community Affgirs (DCA) has awarded theCity of Jersey City an initial grant in the amount of $233,394.00 under the CommuntiyServices Block Grant (No. 2018-05235-0414-00); and
WHERBAS, this initiai allocation of $233,394.00 represents a portion of the oversltanticipated aliocation of approximately $@33,@76.00; and
WHEREAS, the City of Jersey City recognizes and accepts thst the Department ofCommunity Affairs may offer a lesser or greater amount upon receipt of the GrantAgreement from DCA; and
WHBRAS, upon receiving a commitment from the Department of Ccimmunity, Affairs forthe balance of the funding anticipated, the Division of Community Development wi!lincrease these contracts to reflect the full funding identified on the following page; and
WHEREAS, the operation of the activities proposed En the City of Jersey City's applicationrequires that we subcontract with the agencies listed on the attached page; and
WHEREAS, the City of Jersey City has solicited competitive proposals for the provisionof these servicss: and
WHEREAS, the Department of Community Affairs hgs approved services proposed bythe subgrantees listed on the attached page; and
WHEREAS, this grant wi!t be effective for the period of January 1, 2018 throughDecember 31, 2018,
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of JerseyCity, that the Mayor or Business Administrator is hereby authorized to enter into contractsunder the Community Services Block Grant Program and to execute amendments andmodifications to agreements during the year.
BE (T FURTHER RESOLVED that upon receipt of full funding from the New JerseyDepartment of Community Affairs, the Mayor or Business Administrator, through itsDivision of Community Development, may increase contracts to reflect the full fundingidentified on the following page.
-f'-
?•-(-(-<?'
Con.tinuation.of Resolution
CityClerR.FiieMo. _„_
Agenda No.
TITLE: • •
Pg. # „
Res. 18-479
10_,_6
RESOLUTION OF THE IVIUNICIPAL COUNCIL OF THE 'CIP^ OF JERSEY CITYAUTHORIZING PROGRAM CONTRACTS UNDER THE COMMUNFTY SERVICESBLOCK GRANT (CSBG) FOR PROGRAM YEAR JANUARY 1, 2018 THROUGHDECEMBER 31, 2018
AGENCY
AdministrationEducafiona!.Arts TeamGarden State EpiscopalHomeless OutreachGrace Van Vorst CommunityServices (Breakfast Pius)Hopes Community ActionPartnershipjyudson Community Enterprises .Jersey City Dept. of Health &Human Services (Senior
JMyfntion^Jersey City Emptoyment &Training CommissionJersey City Free Public Library(TASC)Jersey City Free Public Library(Succeeding at Work & Life)Let's Celebrate, Inc. (FoodSecurity Network)New City Kids, inc.Puertorriquenos Asodados forCommunity Organization.CP.A.C.O.)
Salvation Army Jersey City CorpsCommunity Center (Afier School
_Pro3raml-
Salvation Army Jersey City CorpsjCommunity Center (Basic Needs)Dress for Success Hudson.County Suits For Success,^Financial LiteraGy) ___.J'he Sharing Place, Inc.WomenRising, inc. (Job^eveloper for Training Center^TOTAL
INITIAL
_36i2SM_
15,000
25.000
4,400
2,500
5,000
30,000
26,000
5,200
13,000
13,000
•! 3,000
7,500
15,000
10,000
2,500
5.000
5,000
233,394
FINAL
108,16045,000
75,000
13,146
7,500
15.000
90,576
84,000
15,800
39,000
37,000
37.000
22,500
45.000
28,000
7,500
15.000
15.000
700,182
FUNDINGLEVEL144,45460,000
100.000
17,546
10,000
20,000
120,576
110,000
21,000
52,00^
50.000
50,000
30,000
60,000
38,000
10,000
20,000
20,000
933,576
P.O.NUMBER
ADMIN,3.^^83
W^¥/^^s/3L^2^13r<U^?
/^ ^c.
i^^&IM^Cl^wf
WWww^-^
A ^%/^-WS
M^%f^^/^°i^^
/^z^
OBJECTCODE
10-i
.978
986
816
818
— 961 -
? 905
513
5.14
604
979
506
980
981
908
512
'606"
? 924
hereby certify that funds in the amount of $233,394.00 are available in Account No.02-213-40-80^forthis initial aliocation
D^nna Mauer, Chief Financial Officer
APPKOVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required D
Not Required Q
COUNCiLPERSONRiDLEYPRINZ-AREY •
BOGGiANO
APPROVED 9RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.1JL
AYE
3z:~z_
NAY' N,V,' COUNCILPERSONYUN .
SOLOMON
ROBINSON
AYE~7iv~7~
NAY N.V, COUNC1LPERSONRIVERA
WATTERMAN •
LAVARRO,PRES,
AYE
~z_-7.
^
-0
NAY N.V,
^ Indicates Vote
Adopted at a meeting of the Municipai Council of the City of Jersey City N.J,
N.V.-Not Voting (Abstain)
.olando R. Lavarro, Jr., President of Councl!
RESOLUTION FACT SHEET - CONTRACT AWARDThis summary sheet is to be attached to the front of any resolution that is subfnitted for Council consideration.Incomplete or vague fact sheets will be returned with the resolution.
Full Title of Ordinance/ResoIution
RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CfTT OF JERSEY CH'Y AUTHORIZINGPROGRAM CONTRACTS UNDER THE COMIVIUNH'Y SBRVICES BLOCK GRANT (CSBG) FORPROGRAM YEAR JANUARY 1, 2018 THROUGH DECEMBER 31&2018
Pj-oject Manager
Department/Division
Name/TitlePhone/email
Housing, Economic Development &
Commerce (HEDC)JCJyada:Pittman201-547-5468
Division of Community. Development
Senior Program Analyst
^kpittman(a),i cni. org
Note; Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4;00 p.m.)
Contract Purpose
The Community Sei-vices Block Grant (CSBG) is an anti-poverty grant that provides funding to various social
service agencies. Services range from educational programs to youth to Meals on Wheels programs for seniorcitizens.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
Grant Funds - $233,394 (initial allocation).Bxpected total allocation of $933,576.
Type of award
Grant Term is from January 1,2018 -
December 31, 2018
State (DCA) Funding
If "Other Exception", enter type
Additional Information
I certtfy^hat all ^ i^cts pres<
Signailire of Depq^nent B^
To: : Council President L^varro, Jr; & Members of the Municipal Council
From: Carmen Gandul!a)(Director- Division of Community Development
Date; May 10,2018
Subject: Resolution of the Municipal Council of the City of Jersey City
guthorizing program contracts under the Community Services Block
Grant (CSBO) for program year January 1, 2018 through December
31,2018
Synopsis: The Department of Community Affairs (DCA) allocated$233,394 to the City of Jersey City as an initial allocation offunds for the 2013 Community Services Block Grant (CS8G).This amount represents a portion of the total anticipatedgrant award of $933,576. It is further recognised that theDepartment of Community Affairs may offer a lesser orgreater final funding amount upon receipt of their final GrantAgreement
Bgckground; The Community Services Block Grant (CSBG) is an anti-poverty grant that provides funding to various social serviceagencies, Services range from educational»programs toyouth to Meals on Wheels programs for senior citizens. TheCSBG Grant is effective for one (1) calendar year ().e.January 1, 2018 through December 31, 2018). No local cashmatch is required by the City of Jersey City under this grantagreement.
May 11.2018
CSBG Recommendations: Staff recommends approval of proposals in five (5)phases detailed below:
1. Threshold eligibility - appilcants must meet the legalrequirements established by the Department ofCommunity Affairs to apply
2. Scoring " a committee is established by the DCDDireptor and staff consisting of nrtembers from theJersey City Mayor's office, CpQnty of Hudson ServiceProviders/Coordinators and Development Specialists,Municipal Accountsnt, Grant Coordinator and DCDstaff. Eligible applicants are reviewed and scoredApplications are ranked upon program servicesprovided that meet? the objective to amelioratepoverty, proposes a clear concise purpose and needfor said program, performance level and outcomesassociated with the specific program, compliance withCSBG reporting requirements and prior history forreturning applicants
Lilllan Rivera, Private Community Representative/ 6-7-2018 , .
4. City Council & Mayor Review - After staff, committee,and Board review, the Jersey City Council and Mayorshall review the proposed recommendations for a finaldecision
5. A 16% or lesser amount is allocated for administrationcosts to coyer salaries, fringe, training, and monthlyexpenses for the Division.
The New Jersey Department of Community Affairs (DCA) has awarded the City of JerseyCity an initial grant in the amount of $233,394.00. This amount represents a portion of theoverall anticipated allocation of approximately $933,576.00 for the operation of theactivities proposed in the City of Jersey City's Community Services Block Grant (CSBG)FY 18 application; which requires the City subcontract with cigencies referenced on thesecond page of the attached resolution. The City of Jersey City has solicited competitiveproposals for the provision of these services and the Department of Community Affairshas approved services proposed by the Sub-grantees listed on the attached resoiution.
On March 28, 2018, the Jersey City Municipal Council adopted a Resolution (Ref.18-307)authorizing the acceptance and execution of a grant agreement between the City ofJersey City and The New Jersey Department of Community Affairs (DCA). The attachedresolution is authorization to enter into program contracts under the CSBG grant forprogram year January 1, 2018 through December 31 ,2018.
Should you have any questions or concerns regarding the contents of this memorandum,please contact Carmen Ganduiia at extension 5304.
.NJDGA
•AGE User Agency; Jersey CityAccess 1-evBl; AS ency Administrator)
Start Menu [ Asency Info
Return to AoDlication Menu
User: Kiyeda Pifctman } ^ Help j Logoufc
VIEW SENT EMAIL
Apgtication Contects^\jEmai| Qra!)6 Contscts \^Qrant Conts'ct Smaii HIstory|ii-' Sent Emati
[yia Email: ev/a [email protected]]The Honorable Steven FubpMayor, Jersey City .. \ . .
2SD Grove Street . ;• . . . • .
Jersey City, M 07302-3610
Dear Msyor Fy top;
On behalf of governor Philip D. Murphy and the New Jersey &epartnnsnt; of Community Affairs, I am pleased to Inform you thet Jerssy City willreceive a Community sen/ics? &lock Grarii; - Kon-Discrstionary grant oF ^333,394. This award Will provlda funds for haalth, education,employment, housing and other services benentlng ?e low-lncoma populstton of.lersay city.
Provision of such finandal assistance is sub.iect to appropriate eKecution afa grant/loan sgreementwlCh the Departmsnt and compiiance by JerseyCity w(? the terms, conditions and requirements sst forth therein, Expenditures incurred prior Ed receipt of the executed grant agreement areIncurred solely at the risk of the grant recipient should fundino not be avallabie to support this award, If you hma any questions f&BW^Q thisfunding, ptease do not hesitate to contact the DepartfflBnt of CommunltY Affairs' Division of Housing and Commynlty Resources at (60S) 633-6265,
I would like to extend my best wishes for this most worthwhile projeci: and its successfyl completion,
Sincerel/j
Stislla Y. OliverLT. Governor
OamEnttisteri 3/16/2016 l.;S<);54 PWDate sent 3/is/20ia l;57!01 PM
Copyright ZDOD-ZM5 Aaatg.Sa8M3-&
CSBCTNDFYIS Estimated RflSAHocatiori Proportionality HrstAlIocation Second Allocation Third Allocstion
Affordable Housing AllianceBayonne Economic Opportunity Foundation
Burlington Count/Communrty Action Program
Camden County Council on Economic OpportunityEssex County
Gateway Community Action ProgramGreater Bergen County Community Action Partnership
HOPESJersey CityJewish Renaissance Foundation
Mercer Courrty
North Hudson Comtnunity Action Corporation
MORWESCAPOCEANPasssic County
Paterson Task Force for Communrty Action Now
Plainfield Action Services
PRABSomerset County Action Program
Union CountyUnited Communrty Corporation
United Passalc Organization
Unh:ed Progress
CSBG Limited Purpose AgenciesComite deApoyo a losTrabajadores Agricoias (CATA)New Jersey Association on Correction
Est. Total FY18 Allocation to Hon-Discretionary Grantees
873,534.76
165,773394S5/4S6.61
1.277,042.90
L024;1S1.2G1,017^30.561,091^S1.7&
194,041.73'
933,576.04
570,322.14276,667.20"
315,215,18779,580.58
1,786,440.00
311,801.00
746,134.01
209/141.71
581,284.76
273,992.07
877,689.11
1,872,900.26
357,178.88
S99,353.,68
88,859.65
239,221.75
17.548,265-05
0.04980.0034
IL02770.0728
0.05840.05SO
0.06220.0111
0.05320.03230.01580.0522
0.04440.1023
0.0173
0.042S
0.0119
0.0331
0.01560.0500
0.1067
0.02040.0342
0.0051
0.0136
i 0000
218,383.6941,444.85
121,354.15
-319,260.73
254,332.64272,870.43
45,510.43
142,580.54
228,803.79
194.S95.15
446,610.00.
186,548.50
145,321.19
68,458.02
468,225.06 ,
89,294.72
149,837.92
22,214.91
59,805.44
3^260,418.49
25S.045.00
233,394.00
69,167.00
3D1,1Q6.00
52,284.93
219,422.28
1,131,419.21
96,626.35
18,337.74
53,638.35
141,250.54
113,290.16112,532.37
120,734.5321,463.99
103,267.83 336,661.83
63,086.38- -
30,603,641Q1,236.S4
85,233.57
19S,402.Q3
33,S05.fi&
82/540.50
23,134.28
64,239.01
30,307.73
97/QS5.88
207,171.4339.509.46
66,297.49
9,829.24
26,461.60
Total Allocations to Date
1^941,107.30 6,332,945.00
City Clerk File No..
Agenda No.
Approved^
TITLE:
Res. 18-480
10.H
MAY 2 3 2018
RESOLUTION AUTHORIZING THE BUSINESS ADMINISTRATOR TOEXECUTE A DISCHARGE OF MORTGAGE AFFECTING 217 WHITONSTREET, A/K/A BLOCK 20201, LOT 58, F/K/A BLOCK 2044, LOT 21
COUNCIL offered and moved adoption of the followmg resolution:
WHEREAS, on M:arch 12, 2001, Valender Rackley (Borrower) executed a Note and Mortgagem favor of the City of Jersey City (City) to secure the City's loan to him. in the amount of$40,000.00 made under the First Time Homebuyer Program; and
WHEREAS the Second Mortgage was recorded in Book 7893 at Page 00311 of the Register ofDeeds for Hudson County on March 16,2001 ; and
WHEREAS, the loan self-amortizes over twenty (20) years provided the homeowner resides in
the property and does not sell the property; and
WHEREAS, the mortgage affects property known as 217 Whiton Street, Jersey City, alsoknown as Block 20201, Lot 58, CTc/a Block 2044, Lot 21; and
WHEREAS, according to fhe Division of Community Development, the Borrower has paid theCity the sum of $227,793.85, pursuant to the repayment agreement, and the City is obligated toexecute a Discharge of Mortgage to remove fee mortgage from the public record.
NOW, THEREFORE, BE IT RESOLVED, that the Business Admmistrator is authorized toexecute a Discharge of Mortgage in the sum. of $40,000,00 affecting 217 Whiton Street, JerseyCity, also known as Block 20201, Lot 5 8, f/k/a Block 2044, Lot 21.
JML/he04/30/1 S
APPROVED:
APPROVED: 11, ^Business Administrator
APPROVED AS TO LEGAL FORM
^^- —Corporation Counsel
Certification Required D
Not Required DAPPROVED
RECORD OF COUNCIL VOTE PN_F1NAL PASSAGE ?".7COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE
///
/
NAY N.V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~z_//
^
NAY N.V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
9-0
18AYE
_^_
-7"
NAY N,V.
N.V.-Not Voting (Abstain)
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J,
fBrflando R. Lavarro, Jr., President of Council
RESOLUTION FACT SHEET ~ NON-CONTRACTUALThis 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.
Full Title ofOrdmance/ResoIution
Resolution Authorizing The Business Admmistrator to Execute A Discharge Of Mortgage affecting 217Whiton Street, A.K.A. Block 20201, Lot 58 and F.KA. Block 2044, Lot 21
InitiatorDepartment/DivisionN-ame/Title
Phoae/email
HEDCRodney Hairston
201-547-4793
Community Development
Real Estate Officer
HairstonT@j cnj ,org
Note: Initiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
Discharge of City's mortgage because the owner satisfied 95/5 requirements. The City received $227,793.85.
I certtfy th^Tall the (acfs fcreseBted
""f^JAf,Signature of ftepar^ifi^nt Director
I certUV thgfaU the facts breseBted hercui are accurate.
/L^li'dl/ <^~^-i?Date
City Clerk File No.
Agenda No.
Approved:.
TITLE:
Res. 18-481
10.1
RESOLUTION AUTHORIZING THE EXECUTION OF A MORTGAGESUBORDINATION AGREEMENT AFFECTING THE PROPERTY KNOWNAS 218 WHtTON STREET A/K/A BLOCK 20201, LOT 61
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, since June 8, 2001, Miguel and Oni!da Bueno, have been the owners of 218 WhitonStreet, Block 20201, Lot 61 (Property), and
WHEREAS, the owners purchased the Property for $155,000.00 borrowing money from a bank-$110,888.00- to finance the purchase of the Property, which loan was secured by a firstmortgage; and
WHEREAS, the owners also applied for funds under the City's HOME Program in the amount of$40,000.00, which was secured by a 20 year affordable housing Second Mortgage against theproperty; and
WHEREAS, on June 13, 2001 the City's Second Mortgage was recorded in Book 8076, at page028 in the Office of the Hudson County Register, and was subordinate to the owners' FirstMortgage.; and
WHEREAS, the City's Mortgage requires the homeowner to reside at the property and tomaintain the affordability restrictions during the period of twenty (20) years; and
WHEREAS, the owners now desire to refinance their First Mortgage to obtain a lower interestrate and to build a cash reserve for emergencies; and
WHEREAS, in order to obtain the new First Mortgage, 1 Constitution Bank, requires the City tosubordinate its Mortgage; and
WHEREAS, the Property has appraised for $465,000.00; and
WHEREAS, the City's original Second Mortgage shall remain $40,000.00. The original mortgagewas recorded on June 13, 2001 and will remain in second lien position; and
WHEREAS, the Division of Community Development has reviewed the request for subordinationof the City's Mortgage to the loan of 1 Constitution Bank and concluded that the fair marketvalue of the property supports both the amount of the new loan and the City's Mortgage; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City thatthe Mayor or Business Administrator is authorized to execute a mortgage subordinationagreement in a form to be approved by the Corporation Counsel, subordinating ttie balance of theCity's Second Mortgage, affecting 218Whiton Street, Block 2021, Lot 61 to the interests of a newFirst Mortgage with 1 Constitution Bank in an amount not to exceed $125,162.00, subject to thereceipt of a clear title report through the date of closing.
JML5/16/18
APPROVED:
APPROVED:
APPROVED A&TO LEGAL FORM.
fl.Business Administrator Corporation Counsel
Certification Required D
Not Required D
COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
APPROVEDRECORD OF COUNCIL VOTE ON FINAL PASSAGE fj 71
AYE
~7_7:~z_
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
z:z:T
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
^-6
La-AYE
~z-~7~I
NAY N.V,
/ Indicates Vote
Adopted atajjieeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
o R. Lavarro, Jr., President of Council
RESOLUTION FACT SHEET - NON-CONTRACTUALThis summary sheel is to be attached to the iront of any resolution that is submitted for Council consideration.Incomplete or vague fad sheets will be returned with the resolution.
Full Title ofOrdinancc/Resolution
Resolution Authorizing the Business Administrator to Execute a MortgageSubordination Agreement affecting 218 Whiton Street aka Block 20201, Lot 61.
Note; Iniliator must be avaiiable by phone during agenda meeting (Wednesday prior to council meeting @. 4:00 p,m,)
Resolution Furposc
SuborciincHion of City's Mortgage wilh Miguei and Onilda Bueno to a new first mortgage with P1 ConstilufionBank.
I certify that ati the facts prcsfnted herein are accurate.-^.,Signaturf of Department Director Date
City Clerk File No.
Agenda No.
Approved:
TITLE;
Res. 18-482
10.J
RESOLUTION APPROVING THE SALE OF 286 MARTIN LUTHERKING DRIVE BY RBI IMPROVEMENTS, INC., TO 202 HULL STREET,LLC; DISCHARGING THE CITY'S EXISTING MORTGAGE AGAINSTTHE PROPERTY; AND AUTHORIZING 202 HULL STREET, LLC TOASSUME THE CITY'S NEW MORTGAGE AGAINST THE PROPERTY
COUNCIL offered and moved adoption of the following resolution:
WHEREAS/ RBI Improvements, Inc. [Developer) was the owner of Block 23202, Lot76 [Property), and participated in the City of Jersey City's [City) HOME affordablehousing program; and
WHEREAS, on December 15, 1997, the Developer received HOME funds from theCity in the amount of $113, 500.00 to develop two three bedroom rental units ofaffordable housing on the Property;
WHEREAS, the Developer then revised its construction budget and submitted achange order to the City, which reduced the amount of the grant to $110,933.31; and
WHEREAS, the City secured the HOME funds by executing a mortgage note anddeed restrictions, which were recorded as a second lien against the Property; and
WHEREAS, the Property was subject to the covenants, conditions, and restrictions
set forth in the City's Mortgages, which were recorded with the Hudson CountyRegister's Office; and
WHEREAS, the Property is deed restricted through May 20, 2029; and
WHEREAS, the Property remained subject to the 20 year affordability restriction setforth in the City's Mortgages; and
WHEREAS, the Developer desires to sell the Property to 202 Hull Street, LLC(Buyers) for the sum of $300,000.00; and
WHEREAS^ the Buyers agree to assume the new mortgage against the Property,which will be recorded at the time of closing; and
WHEREAS, the Property recently appraised for $300,000.00; and
WHEREAS, the Division of Community Development (Division) has evaluated thefinancial condition of the Buyer and recommends that the sale to the Buyers and thedischarge of the City's existing Mortgage be approved by the City.
NOW, THEREFORE, BE IT RESOLVED by the Jersey City Municipal Council that:
1. The City of Jersey City approves the sale of Block 23202, Lot 76 by RBIImprovements, Inc., to 202 Hull Street, LLC.
Continuation of Resolution
City Clerk File No.
Agenda No.
Pg.#
Res. 18-482
TITLE:
2.
10.J
RESOLUTION APPROVING THE SALE OF 286 MARTIN LUTHER KING DRIVE BYRBI IMPROVEMENTS, INC., TO 202 HULL STREET, LLC; DISCHARGING THECITY'S EXISTING MORTGAGE AGAINST THE PROPERTY; AND AUTHORIZING202 HULL STREET, LLC TO ASSUME THE CITY'S NEW MORTGAGE AGAINST THEPROPERTY
The Mayor or Business Administrator is authorized to execute a mortgage
discharge of the City's Mortgage in the amount of $113,500.00 and recordedon December 15, 1997 in Book 6422, Page 013, and any other documents
necessary to this transaction in a form to be approved by the Corporation
Counsel.
JML5/7/18
APPROVED:
APPROVED;
APPROVED AS TO LEGAL FORM
\\ 4Business Administrator ^Corporation Counsel
Certification Required D
Not Required aAPPROVED ^.-0
RECORD OF COUNCIL VOTE ON FINAL PASSAGE _R.?.1.18COUNCILPERSONRIDLEY
PRiNZ-AREY
BOGGiANO
AYE
~z_~z^~T
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~T_zz~T
NAY N,V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES
AYE
~T_~7~
T
NAY N,V.
Vindicates Vote
Adopted at a n]eetrQg of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Qu-&do R. Lavarro. Jr., President of Council "Robert feyrne, City Ole,
RESOLUTION FACT SHEET - NON-CONTRACTUALThis summary sheet is to be atlached to the front of any resolution that is submitted for Council consideration,incomplete or vague fact sheets will be returned with the resolution.
Pull Title of Ordinancc/Rcsolution
Resolution Authorizing the Business Administrator to Approve the Sale of 286 MartinLuther King Drive by RB1 Improvements, inc. to 202 Hull Street, LLC; Discharge the City's
Existing Mortgage Against the Property; and Authorize 202 Hull Street, LLC to Assumethe City's New Mortgage Against the Property.
Nulc; InititUor must be available by phone during agendu meeting (Wednesday prior to council meeting @ 4:00 p.in.)
Resolution I'urpose
Authorize Sale of 2^6 Martin Luther King Drive, Discharge Current City Mongage and Assumption of NewCiiy Monguyi;.
i cyirtity thai »li Ihc iy^'ts p^y»unlyd hyrcia iipu auiiuraly.
^SignutuHi of Uepurtmeiii Oiredtop Dfitt)
Res. 18-483
10.K
City Clerk File No.
Agenda No.
Approved: _
TITLE:
A RESOLUTION RECOGNIZING THE FIRST FRIDAY IN JUNEAS NATIONAL GUN VIOLENCE AWARENESS DAY
COUNCIL AS A WHOLE Offered and Moved for Adoption the Following Resolution:
WHEREAS, every day, 96 Americans are killed by gun violence and on average there are nearly 13,000 gun homicidesevery year; and
WHEREAS, Americans are 25 times more likely to be killed with guns than people in other developed countries; and
WHEREAS, protecting public safety hi the communities they serve is mayors' highest responsibility; and
WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns awayfrom dangerous people; and
WHEREAS, mayors and law enforcement officers know their communities best, are the most familiar with local criminalactivity and how to address it, and are best positioned to understand how to keep their citizens safe; and
WHEREAS, in January 2013, Hadiya Pendleton, a teenager who marched in President Obama s second inaugural paradeand was tragically shot and killed just weeks later, would be celebrating her 21st birthday; and
WHEREAS, to help honor Hadiya and the 96 Americans whose lives are cut short and the countless survivors who areinjured by shootings every day, a national coalition of organizations has designated June 1st, 2018, the first Friday in June,as the 4th National Gun Violence Awareness Day; and
WHEREAS, the idea was inspired by a group ofHadiya's friends, who asked their classmates to commemorate her life bywearing orange; they chose this color because hunters wear orange to announce themselves to other hunters when out in thewoods and orange is a color that symbolizes the value of human life; and
WHEREAS, anyone can join this campaign by pledging to Wear Grange on June 1st, the first Friday in June in 2018, tohelp raise awareness about gun violence; and
WHEREAS, by wearing orange on June 1, 2018 Americans will raise awareness about gun violence and honor the lives ofgun violence victims and survivors; and
WHEREAS, we renew our commitnent to reduce gun vioience and pledge to do all we can to keep firearms out of thewrong hands, and encourage responsible gun ownership to help keep our children safe.
NOW, THEREFORE BE IT RESOLVED, that the Members of the Jersey City Municipal Council hereby recognize June1, 2018 as National Gun Violence Awareness Day, and encourage all citizens to support their local communities effortsto prevent the tragic effects of gun violence and to honor and value human lives.
APPROVED:
APPROVED:
APPROVED AS_TO LEGAL FORM
J-H ^Business Administrator Corporation Counsel
Certification Required D
Not Required DAPPROVED 9.^
4ECORDOF COUNCIL VOTE ON FINAL PASSAGE c; 91 iflCOUNCILPERSONRIDLEY
PR1NZ-AREY
BOGGfANO
AYE
zs~z_
NAY N,V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
_zz~T
V
NAY N.V, COUNCiLPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
AYE
z:ZIT"
NAY N.V.
^Indicates Vote
Adopted at a megtin^pf the Municipal Counci! of the City of Jersey City N,J.
N.V.-Not Voting (Abstain)
Rof&ndo^. Lavarro, Jr., President of Council/ZA
RoBeh Byrne, Cj^/Cferk
City Clerk File No..
Agenda No.
Approved:^
TITLE:
A RESOLUTION DESIGNATING THE WEEK OF
3MAY 20™ TO 26TH IN THE YEAR 2018 AS EMS WEEK
COUNCIL AS A WHOLE Offered and Moved for Adoption the Following Resolution;
WHEREAS) the City of Jersey City is proud to commend all Emergency Medical Service members during theFlag Raising Ceremony m honor of Emergency Medical Services Week, May 2Q through May 26 on May 23,2018;and,
WHEREAS, emergency medical services is a vital public service to not only our community here in Jersey
City, but throughout the world as emergency medical service members are ready to provide lifesaving care to
those in need 24 hours a day, seven days a week;and,
WHEREAS, it is necessary to recognize the unportance of access to such quality emergency care services as itdramatically improves the survival and recovery rate of those who experience sudden illness or injury; and,
WHEREAS, emergency medical services has grown to fill a gap by providing important, out of hospital care,
including preventative medicine, follow-up care, and access to telemedicine; and,
WHEREAS) the emergency medical services system consists of first responders, emergency medical
technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators,pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out ofhospital medical care providers; and,
WHEREAS) the members of emergency medical services teams, whether career or volunteer, engage in
thousands of hours of specialized training and continuing education to enhance their lifesavmg skills so that
they may better serve their community; and
WHEREAS, It is appropriate to recognize the value and the accomplishments of emergency medical services
providers by designating Emergency Medical Services Week.
NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the City of Jersey City does herebydesignate the week ofM:ay 20th to May 26th, 2018 as Emergency Medical Services Week with thetheme, EMS Strong: "Stronger Together," and encourages the community to observe this week with
appropriate programs, ceremonies and activities.
APPROVED:
APPROVED; 2rBusiness Administrator
APPROVED AS TO LEGAL FORM
T-^Corporation Co u nsel
Certification Required Q
Not Required DAPPROVED £j-0
itECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRID LEY
PRINZ-AREY
BOGGiANO
AYE
~^_z:~T_
NAY N.V. COUNCiLPERSONYUN
SOLOMON
ROBINSON
AYE
~7_z;~z_
NAY N.V. COUNCILPERSONRiVERA
WATTERMAN
LAVARRO, PRES.
AYE"77~Y.~7~
NAY N,V,
/ Indicates Vote
Adopted at a ngegtipgofthe Municipal Council of the City of Jersey City N.J.
NV.-Not Voting (Abstain)
Rolandfc R. Lavarro, Jr., President of Council
Res. 18-485
10.M
City Clerk File No.
Agenda No.
Approved:
TITLE:
A RESOLUTION COMMEMORATmG THE LIFE OFRUBY PERRY KING
I I '
COUNCD-. AS A WHOLE Offered and Moved for Adoption the Following Resolution:
WBEREAS, Ruby Perry King was born on May 15, 1.956, the sixth of eight children to the late James and Bertha LeePerry, attended the historic Washington Elementary and High School, graduated m 1973 from Berea High School, and wenton to earn an Associate's degree in Computer Science from Greenvilte Technical College in 1981; and,
WHEREAS, Ruby King, known as Mam'mato everyone, believed in the value of lifelong learning, and out of her lovefor Kung Fu enrolled in martial arts training at age 40 along with her eldest grandsons, Osha and DJ, earning her Black Beltin Kajukenbo at 44, and went on to become a youth instructor where she taught her grandchildren Taylor, Jason, Janae, andAlejandro; and,
WHEREAS) Ruby King understood the importan ce of communication and in 2012, at age 56, earned a Bachelor's degreein Journalism from the University of South Carolina, and was inspired to leam Japanese at age 57, adding to her languagestudies in French and Spanish; and,
WtiEREAS, a proud "Trekkie," Ruby King officially became a member of Star Fleet Command in star date 2000 after alife-lon'g vision of one day embarking on inter-galactic missions and space travel; and,
WHEREAS, of all her accomplishments, the most significant was Ruby King's commitment to her Lord and Savior as alifetime parishioner of St. Anthony of Padua Catholic Church, working with the after-school study skills program, theWomen's Council, and as Events and Program Coordinator for St, Anthony Church; and.,
WHEREAS, Ruby King loved plants and gardening, traveling the United States, exploring the world, and carrying outnumerous missions to exotic islands as "Bond, Ruby Bond; and,
WHEREAS, Ruby King loved her three daughters, Taurushell, Tonyelle, and Bemell, 12 grandchildren, Osha, DiJouran,Taylor, Jason, Janae, Alejandro, Regan, Duke, Jordan, Antwon, Bela, and Cory, and three great-grandchildren, Jamiyas,Skytar, and Laila; and,
WHEREAS, Ruby King departed this world on April 22, 2018, leaving her siblings Jannie, Deborah, Valenzia, Charlita,John,and a host of nieces, nephews, and close friends to cherish her beloved memory.
NOW, THEREFORE, BE IT RESOLVED by the Members of the Jersey City Municipal Council that the life of RubyPerry King is hereby commemorated, in the hopes that the memories of her time here on earth serve as a comfort to themany family and friends she leaves behind.
APPROVED:
APPROVED: vBusiness Administrator
APPROVE&AS TO LEGAL FORM
Corporation Counsel
Certification Required D
Not Required DAPPROVED f-o
RECORD OF COUNCIL VOTEJ3N FINAL PASSAGE 5 . 2 37T8COUNCILPERSONRIOLEY
PRINZ-AREY
BOGGIANO
AYE
J/_///
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
/~IL~T
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
AYE~7~~7~
~\^
NAY N.V,
•/ Indicates Vote
Adopted at a meeting of the Municipai Council of the City of Jersey City N,J.
Rolanck/R, L-Kvarro, Jr., President of Coijnc RobeA Byrne, City/^erk
N.V.-Not Voting (Abstain)
//'y^-<—-
Res. 18-486
10.H
MAY 23 2918
City Clerk File No.
Agenda No.
Approved:
TITLE:
A RESOLUTION RECOGNIZING PVT. IRVING B. PEOPLESAS A 2018 HUDSON COUNTY VETERANS AWARDSLUNCHEON HONOREE
COUNCIL AS A WHOLE Offered and Moved for Adoption the Followmg Resolution:
WHEREAS, Private Irving B. Peoples is a decorated veteran of the United States Army who served during theLebanon crisis, where Us duties included food service, transportations, rifle marksmanship, and parachute
training; and,
WHEREAS, after being honorably discharged from the military, Irving B. Peoples' life spiraled into despair,and he spent the next two decades battling both mental and physical challenges; and,
WHEREAS, after many years of stmgglmg to get help, Irving B. Peoples' service-cormected disabilities werefinally acknowledged, and he began his road to recovery; and,
WHEREAS, Irving B. Peoples' courage and humility allowed him to join a local veterans group where heworked tirelessly to advocate for homeless veterans who were going through the same struggles that he had; and,
"WHEREAS, in 2017, Irving B. Peoples became the first homeless veteran to benefit from Jersey City Mayor
Steven Fulop's housing initiative, and he now has a place to call his own; and,
WHEREAS, the veterans building located at 665 Ocean Avenue is a safe haven for veterans of all branches ofthe United States Armed Services, and Irving B. Peoples has taken it upon himself to maintain, camaraderie
among the other veterans who live there with him; and,
WHEREAS, while Irving B. Peoples does not have a title, staff or budget, he is often rmming errands, helpingwith building maintenance, and assisting homeless veterans in getting themselves off the streets; and,
WHEREAS, Irving B. Peoples continues to contribute to his community, stating, "I have been there, and done
that. I never want another veteran to come that close to being lost forever."
NOWs THEREFORE, BE IT RESOLVED that the Members of the Jersey City Municipal Council herebyrecognize US Army Private Irving B. Peoples for his service to his country, to other veterans, and to the City
of Jersey City on the occasion of the 2018 Hudson County Veterans Luncheon.
APPROVED:
APPROVED;Business Administrator
APPROVED AS TO LEGAL FORM
Corporation Counsel
Certification Required D
Not Required D^fp^o^CD ^c
RECORD OF COUNCIL VCmTON FINAL PASSAGE S/3.3, ISCOUNCILPERSONRIDLEY
PR1N2-AREY
BOGGIANO
AYE
~z_
7L~T
NAY N,V. COUNCILPERSONYUNSOLOMON
ROB! N SON
AYE
z^-7-~T
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES.
AYE~7i77-7-
NAY N,V,
/" Indicates Vote
Adopted at a meetiQg of the Municipal Counci! of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Rolandb R. Lauarro, Jr., President of Councii
City Clerk File No.
Agenda No.
Approved:.
TITLE:
Res.18-487
10.0
23
RESOLUTION EXTENDING A LICENSE AGREEMENTWITH THE JERSEY CITY PUBLIC SCHOOLS FOR USE OFBLOCK 16901 LOT 17, 51 CRESCENT AVENUE.
COUNCILfollowing Resolution :
offered and moved adoption of the
WHEREAS, the City of Jersey City is the owner of the property lcnown asBlock 16901, Lot 17, located at 51 Crescent Avenue; aiidL,
WHEREAS, the Jersey City Public Schools is requesting permission from Jersey Cityto continue to rehabilitate the city- owned building located at 51 Crescent Avenue for
an additional one (1) year; and,
WHEREAS, the Jersey City Public Schools in partnership with the City ofJersey City operates a program through the schools to rehabilitate housing withinthe City; and, ' •
WHEREAS , Jersey City desires to grant permission to. the Jersey City PublicSchools to continue to rehabilitate said building aud that the City is indemnifiedand adequately insured against any damages or loss arising from the
use of this Property ; and ,
WHEREAS, the City does not object if the Construc;tion Code Official issues permitsfor $ 1.00 and provides assistance and inspections where necessary; and,
WHEREAS , the Jersey City Public Schools has been utilizing the property sinceMarch 2002; and,
WHEREAS , it is necessary to extend the License Agreement for an additional
one (1) year fromJulyl, 2018 to June 30,2019.
NOW THEREFORE BE IT RESOLVED , by the Municipal Council of the City ofJersey City that:
I. The Mayor or Business Administrator be authorized to
execute a License Agreement with the Jersey City School
Public Schools on Block 16901 Lot 17, 51 Crescent Ave.
2. The term of the License Agreement shall commence onJuly 1,2018 and ending June 30,2019.
APPROVED:
APPROVED:
\^, A^-,/^£^&/^/^^APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required D
Not Required
^ii'^
APPROVED c?-o
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18
COUNCILPERSONR!DLEYPRINZ-AREY
BOGG1ANO
AYE
J^_
/._~7'
NAY N,V, COUNCILPERSONYUNSOLOMON
ROBINSON
AYE
_/_y^
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
AYE
/I//
NAY N,V.
N.V,-Not Voting (Abstain;
Adopted at ajneeting of the Municipal Council of the City of Jersey City N.J.
^RolatiQo R. Lavarro, Jr., President of Council
M^ •Robert Byrne, City Ql^rk
RESOLUTION FACT SHEET - NON-CONTRACTUALThis 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.
Full Title of Ordinance/Resolution
RESOLUTION EXTENDING A LICENSE AGREEMENT WITH THE JERSEY CITYPUBLIC SCHOOLS FOR USE OF BLOCK 16901 LOT 17, 51 CRESCENT AVENUE
Initiator
Department/Division
Name /Title
Phone/E-Mail
Administration
Ann Marie Miller
(201) 547-5234
Real Estate
Real Estate Manager
Annmarie (Ajjcnj.org
Note initiator must be available by phone during agenda meeting (Wednesday prior to
council meeting @ 4:00 p.m.)
Resolution Purpose
The City is the owner of 51 Crescent Avenue a vacant building consisting of 3 units. The
Jersey City Public School in partnership with the City operates a program through theschools to rehabilitate housing within the City. The Jersey City Public School would like tocontinue to rehabilitate said building and that the City will be indemnified and adequatelyinsured against any damages or loss arising from the use of this property. The LicenseAgreement is for an additional year from July 1, 2018 to June 30, 2019.
I certify that all the facts presented herein are accurate.
"h II'-
Signature of Department Director Date
REGINA ROBINSONBusiness Administrator / Board Secretary
City of Jersey CityDivision of Real Estate365 Summit Avenue/ Room 239
Jersey City/ NJ 07306
RE:
Avenue
Dear Ms. Miller:
Block 14305 Lot 8, 93 Grand StreetBlock 16901 Lot 17, 51 Crescent Avenue
Block 14602 Lot 27,198 Plainfield Avenue / AKA 278-288 Duncan
Block 28204 Lot 41,166 Danforth
In response to your email dated April 15, 2018 the School District wishes to renew the
above referenced License Agreements for the period of July I/ 2018 through June 30, 2019.
Thank you for your assistance.
Very truly yours/
Reghia RobinsLbi
^Efusiness Administrator / Board Secretary
RR/ktC: Dr. Marcia V. Lyles/ Superintendent
Hope Blackburn/ General Counsel
THE JERSEY CITY PUBLIC SCHOOLS—AN EQUAL OPPORTUNITY EMPLOYER
LICENSE AGREEMENT
This Agreement is made this day of ,2018, between the CITY OFJERSEY CITY (City), a Municipal Corporation of the State of New Jersey, with offices at CityHall, 280 Grove Street, Jersey City, New Jersey 07302, hereinafter designated as "Licensor" and
tile JERSEY CITY PUBLIC SCHOOLS , and its employees, agents, invites and contractors, withoffices at 346 Claremont Avenue, Jersey City, New Jersey 07305, hereinafter designated as"Licensee".
WITNESSETHthat:
1. The City is the owner of certain property located at 51 Crescent Avenue.
2. The City agrees to permit the Jersey City Public Schools to enter the Property forno consideration for a period not to exceed one year (June 30, 2019).
3. The City reserves the right to terminate the agreement at will upon sixty (60) daysadvance written notice to the Jersey City Public Schools.
4. The Jersey City Public Schools use of the Property shall be for the sole purpose ofmaking renovations by students working under the supervision of the staff of the
Schools to rehabilitate the property for low and moderate income housing.
5. The Jersey City Public Schools shall defend, indemnify, save and hold harmlessthe City from any and all accidents, losses, damages, claims, demands, suits,
judgments, liens, expenses or damages whatsoever arising by reason of this
Agreement or the use of the Property Jersey City Public Schools or any of itsagents, servants, employees, contractors or invites, in, on or about the Property for
the purposes set forth above with its permission, express or implies, and whether
the use of the Property is within or outside the scope of the above permitted use.
6. The Jersey City Public Schools agrees to carry or require their contractors to carry
Property Damage and Comprehensive General Liability Insurance for an amount
not less than $1,000,000.00 or such other type and amount as is deemed necessary
or appropriate by the City Risk's Manager. The Jersey City Public Schools, or itsagents shall furnish to the City a Certificate of Insurance for the benefit of theJersey City Public Schools as the City naming the City, its employees or agents asadditional named insured and covering the Property herein described. Delivery of
Certificates of insurance evidencing policies or insurance and proof of payment of
premium shall be delivered to the City prior to exercising any rights under thisagreement but in no event later than one week after execution of this Agreement.
The obligations of the Jersey City Public Schools to indemnify the City pursuantto this Section shall any survive termination of this Agreement.
7. The Jersey City Public Schools shall further farnish to the City evidence that ithas reasonable compensation insurance for the protection of any of the employees
or agents of the Jersey City Public Schools.
8. All accidents or injuries to person, or any damages, etc. occurring as result of or
in connection with the Jersey City Public Schools use of the Property, shall bereported immediately to the City of Jersey City, Division of Risk Management andthe Office of Real Estate as authorized representatives of the City, together with
all information required by the City on prescribed forms to be provided by theCity.
9. The Jersey City Public Schools shall accept sole responsibility for any or allsecurity, if necessary for its equipment and supplies or the equipment and supplies
of its agents, servants, employees, contractor and invites on the Property, at no
cost to the City.
10. Any equipment installed or used by the Jersey City Public Schools in connectionwith its use of the Property that may be removed without damage to the Property
shall be deemed to be the property of the Jersey City Schools, as the case may be,
and shall be removed by it at the termination of the agreement, or in no event later
than fourteen (14) days thereafter. In the event that same is not removed, same
shall be deemed abandoned and the City shall have the right to dispose of thesame and charge the Jersey City Public Schools, for any cost of disposing thereof.
11 The Licensee shall at its own expense, supply all materials and personnel
necessary for the conduct of any of its operations in the licensed premises.
12. The Jersey City Public Schools shall each provide in writing to the City the namesof two (2) authorized representatives of the Schools, as the case may be, who shallbe responsible for adherence to the terms and conditions of the Agreement before,
during and after the effective date of this Agreement. No other persons to speak or
act for the Jersey City Public Schools, as the case may be.
13. All notices and payment between the parties hereto be addressed and delivered to
the following.
City: City of Jersey CityBusiness Administrator
City Hall280 Grove Street
Jersey City, New Jersey 07302
Jersey City Public Schools: Jersey City Public Schools346 Claremont Avenue
Jersey City, New Jersey 07305Attn: Hope R. Blackburn
General Counsel
14. The Jersey City Public Schools shall not assign this Agreement, or any part
thereof, or occupy the same for any other reasons then herein stipulated in this
Agreement, under penalty of damages and forteiture.
15. All of the above terms and conditions shall be binding on the Jersey City PublicSchools, the City and all other parties connected with the event for which the
Property is herein licensed. Any and all violations of the terms and conditions of
the Agreement shall be considered just cause for immediate termination and
cancellation of the agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executedbe their respective officers, hereunto duly authorized, all as the day and year first above
mentioned.
ATTEST: CITY OF JERSEY CITY
ROBERT BYRNE BRIAN PLATTCITY CLERK BUSINESS ADMINISTRATOR
WITNESS: JERSEY CITY PUBLIC SCHOOLS
City Clerk File No.
Agenda No.
Approved:
TITLE:
_Res. 18-488
10.P
RESOLUTION EXTENDING A LICENSE AGREEMENT WITHTHE JERSEY CITY PUBLIC SCHOOLS FOR USE OFBLOCK 28204 LOT 41,166 DANFORTH AVENUE
COUNCILResolution:
offered and moved adoption of the following
WHEREAS, the City of Jersey City is the owner of the property known as Block 28204Lot 41,166 Danforth Avenue, and;
WHEREAS, the property is vacant land adjacent to Public School #20,and;
WHEREAS, the Jersey City Public Schools have been utilizing the property for parkmgfor personnel of Public School #20 since November 1992, and;
WHEREAS, the City will con.tin.ue to grant permission to the Jersey City PublicSchools to allow the personnel of Public School #20 to park at said property for anadditional one year commencing July 1,2018 and ending June 30,2019,and;
WHEREAS, the Jersey City Public Schools will indemmfy-and hold tiie City and itsofficers agent and employees harmless from any and all claims or personal injury and
property damage arising out of the Jersey City Public Schools occupancy and use of theproperty.
NOW THEREFORE BE IT RESOLVED, by the Muuicipal Council of the City ofJersey City that;
1. The Mayor or Business Admimstrator be authorized to execute a License Agreement
with the Jersey City Public Schools to. utilize city-owned property located atBlock 28204 Lot 41,166 Danforfh Avenue.
2. The terms of the License Agreement shall commence on July 1,2018 and end on
June 30, 2019.
APPROVED;
APPROVED:
AA-^ APPROVED AS T:0 LEGAL FORM
Business Administrator "^Corporation Counsel
Certification Required D
Not RequiredAPPROVED ?-0
^•iV1
RECPRD OF COUNCIL VOTE ON FINAL PASSAGE 5 . 23 .1 RCOUNCILPER50NRIDLEYPRINZ-AREY
BOGGiANO
AYE
z:'7:
T_
NAY N,V, COUNCILPERSONYUNSOLOMON
ROBINSON
AYE~7_
z:~7~
NAY N,V, COUNCILPERSONR!VERA
WATTERMANLAVARRO,PRES,
AYE
~7_V.
V/
NAY N.V.
N,V,-Not Voting (Abstain;
Adopted at a meet[ng of the Municipal Council of the City of Jersey City N.J.
Rolan'do K/"Lavarfo, Jr., President of Counci ^ /^t^v*--
Robert Byme, Cf^Clerlt
RESOLUTION FACT SHEET ~ NON-CONTRACTUALThis 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.
Full Title of Ordinance/Resolution
RESOLUTION EXTENDING A LICENSE AGREEMENT WITH THE JERSEY CITYPUBLIC SCHOOLS FOR USE OF BLOCK 28204 LOT 41,166 DANFORTH AVENUE
Note initiator must be available by phone during agenda meeting (Wednesday prior to
council meeting @ 4:00 p.m.)
Resolution Purpose
The City is the owner of a vacant lot located at 166 Danforth Avenue. This lot is adjacent to
Public School #20. The Jersey City Public Schools have been utilizing the property forparking for personnel of Public School #20 since November 1992. The Jersey City PublicSchools will indemnify and hold the City and its officers, agents and employees harmlessfrom any claims and all claims or personal injury and property damage arising out theJersey City Public Schools occupancy and use of the property. The License Agreement is
for an additional year from July 1, 2018 to June 30,2019.
I certify that all the facts presented herein are accurate.
SP-
Signature of Department Director Date
REGINA ROBINSONBusiness Administrator/ Board Secretary
JERSEY CITY PUBLIC SCHOOLS346 CLAREMONT AVENUE
JERSEY CITY, NEW JERSEY 07305(201)915-6274
(201) 938-1142 FAX
EMAIL: reginarobinson@jcboe,org
April 30, 2018
Ann Marie Miller/ Real Estate Manager
City of Jersey CityDivision of Real Estate
365 Summit Avenue/ Room 239
Jersey City/ NJ 07306
RE: Biock 14305 Lot 8, 93 Grand StreetBlock 16901 Lot 17, 51 Crescent Avenue
Block 14602 Lot 27,198 Plainfield Avenue / AKA 278-288 DuncanAvenue
Block 28204 Lot 41,166 Danforth
Dear Ms. Miller:
In response to your email dated April 15, 2018 the School District wishes to renew theabove referenced License Agreements for the period of July I/ 2018 through June 30, 2019.
Thank you for your assistance.
Very truly yours/
Regrfia Robin;
Business Administrator/ Board Secretary
RR/ktC: Dr. Marcia V. Lyles, Superintendent
Hope Blackburn/ General Counsel
THE JERSEY CITY PUBLIC SCHOOLS—AN EQUAL OPPORTUNITY EMPLOYER
LICENSE AGREEMENT
This Agreement is made this day of ,2018, between the CITY OFJERSEY CITY (City), a Municipal Corporation of the State of New Jersey, with offices at CityHall, 280 Grove Street, Jersey City, New Jersey 07302, hereinafter designated as "Licensor" and
the JERSEY CITY PUBLIC SCHOOLS , and its employees, agents, invites and contractors, withoffices at 346 Claremont Avenue, Jersey City, New Jersey 07305, hereinafter designated as"Licensee".
WITNESSETH that:
1. The City is the owner of certain property located at Block 28204 Lot 41,166 Danforth Avenue.
2. The City agrees to permit the Jersey City Public Schools to enter the Property forno consideration for a period not to exceed one year (June 30, 2019).
3. The City reserves the right to terminate the agreement at will upon sixty (60) daysadvance written notice to the Jersey City Public Schools.
4. The Jersey City Public Schools shall use the Property for the sole purpose ofparking for personnel of Public School #20.
5. The Jersey City Public Schools shall defend, mdemnify, save and hold harmlessthe City from any and all accidents, losses, damages, claims, demands, suits,
judgments, liens, expenses or damages whatsoever arising by reason of this
Agreement or the use of the Property by the Jersey City Public Schools or any ofits agents, servants, employees, or invites, in, on or about the Property for the
purposes set forth above with its permission, express or implies, and whether the
use of the Property is within or outside the scope of the above permitted use.
6. The Jersey City Public Schools shall further furnish to the City evidence that ithas reasonable compensation insurance for the protection of any of the employees
or agents of the Jersey City Public Schools.
7. All accidents or injuries to person, or any damages, etc., occurring as a result of or
in connection with the Jersey City Public Schools use of the Property, shall bereported immediately to the City of Jersey City, Division of Risk Management andthe Office of Real Estate as authorized representatives of the City, together withall information required by the City on prescribed forms to be provided by theCity.
8. The Jersey City Public Schools shall accept sole responsibility for any or allsecurity, if necessary, for its equipment and supplies or the equipment and
supplies of its agents, servants, employees, contractors and invites while on the
Property, at no cost to the City.
9.Any equipment installed or used by the Jersey City Public Schools in connection withits use of the Property that may be removed without damage to the Property shall be deemed to
be the property of the Jersey City Public Schools, as the case may be, and shall be removed by itat the termination of the agreement, or in no event later than fourteen (14) days thereafter. In the
event that same is not removed, same shall be deemed abandoned and the City shall have the
right to dispose of the same and charge the Jersey City Public Schools, for any cost of disposing
thereof.
10. The Licensee shall at its own expense, supply all materials and personnel
necessary for the conduct of any of its operations in the licensed premises.
11. The Jersey City Public Schools shall each provide in writing to the City the namesof two (2) authorized representatives of the Jersey City Public Schools, as the case
may be, who shall be responsible for adherence to the terms and conditions of the
Agreement before, during and after the effective date of this Agreement. No other
persons are to speak or act for the Jersey City Public Schools, as the case may be.
12. All notices and payments between the parties hereto shall be addressed and
delivered to the following:
City: City of Jersey CityBusiness Administrator
City Hall280 Grove StreetJersey City, New Jersey 07302
Jersey City Public Jersey City Public SchoolsSchools 346 Claremont Avenue
Jersey City, New Jersey 07305Attn: Hope R. Blackburn
General Counsel
13. The Jersey City Public Schools shall not assign this Agreement, or any partthereof, or occupy the same for any other reason or reasons then herein stipulated
in this agreement, under penalty of damages and forfeiture.
14. All of the above terms and conditions shall be binding on the Jersey City PublicSchools, the City and all other parties connected with the event for which the
Property is herein licensed. Any and all violations of the terms and conditions ofthe Agreement shall be considered just cause for immediate termination and
cancellation of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executedby their respective officers, hereunto duly authorized, all as the day and year first above
mentioned.
ATTEST: CITY OF JERSEY CITY
ROBERT BYRNE BRIAN PLATTCITY CLERK BUSINESS ADMINISTRATOR
WITNESS: JERSEY CITY PUBLIC SCHOOLS
City Clerk File No.
Agenda No.
Approved:,
Res. 18-489
TITLE:
10.Q
RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TOEXECUTE A LICENSE AGREEMENT WITH THE NEW JERSEYSCHOOLS DEVELOPMENT AUTHORITY FOR THE USE OF APARKING LOT AT 70 EGE AVENUE
COUNCIL OFFERED AND MOVED ADOPTION OF THEFOLLOWING RESOLUTION:
WHEREAS) the City of Jersey City ("City") has a temporary need for anemployee parking lot to accommodate City, employees who work in the Jackson Square
City Hall Annex at 360 Martin Luther King Boulevard, Jersey City, NJ; and
WHEREAS, the New Jersey Schools Development Authority (<tNJSDA") hasoffered the City the use of a portion of a lot located at 70 Ege Avenue ("Parking Facility"),and
WHEREAS, NJSDA agrees to license to tfae City the use of approximately half theParking Facility for approximately eighteen (18) months, such term will expire onNovember 30, 2019, at a total cost of $1.00; and
WHEREAS, the City shall indemnify VMA against any claims arising from theCity's use of the Parkmg Facility; and
WHEREAS; the City shall mamtain the Parking Facility, including snow removalon the lot and adjacent sidewalks, and shall perform certam. grading and striping work; and
WHEREAS, the Parking Facility licensed to the City will be exempt &om theCity's tax on parking lot spaces pursuant to section 304-1 et seq. of the City Code and the
City's fees for parking lots and public garages pursuant to Section 160-1 (Y. 1) et seq.of the
City Code.
Continuation of Resolution
City Clerk File No.
Agenda No. _10-Q
TITLE:
Pg,#
Res. 18-4S9
"MAY 2 3 2018
RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TOEXECUTE A LICENSE AGREEMENT WITH THE NEW JERSEYSCHOOLS DEVELOPMENT AUTHORITY FOR THE USE OF APARKING LOT AT 70 EGE AVENUE
NOW THEREFORE BE IT ORDAINED by the Municipal Council of the Cityof Jersey City that:
1. The Mayor or Busmess Administrator is authorized to execute the License
Agreement substantially in the form attached hereto with the New JerseySchools Development Authority (NJSDA) for use of a Parking Facility at 70Ege Avenue, Jersey City, NJ;
2. The License Agreement shall expire on November 30, 2019;
3. The City shall indemnify NJSDA against any claims arising from the City's useof the Parking Facility;
4. The City shall maintain the Parking Facility, includmg snow removal on the
lots and adjacent sidewalks, and shall restripe the parking lots as needed,
JMcD5-14-18
APPROVED;
APPROVED:
APPROVED AS TO LEGAL FORM
lljl.Business Administrator Corporation Counsel
Certification Required D
Not Required aAPPROVED 9--0
COUNCILPERSONRIDLEYPRINZ-AREY
BOGGIANO
AYE~T~T,~T
RECORD OF COUNCIL VOTE ON FINAL PASSAGE S . ? ^NAY N.V. COUNCILPERSON
YUNSOLOMON
ROBINSON
AYE
/,/.
v/
NAY N,V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES.r-
L8-AYE
y^ Al/
NAY N.V.
,V.-Not Voting (Abstain
Adopted at a m^ifl^the Municipal Council of the City of Jersey City N.J^
RolandoA. Lavarro, Jr., President of Council
RESOLUTION FACT SHEET - CONTRACT OF SALEThis 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.
Full Title of Ordinance/Resolution
RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TO EXECUTE ALICENSE AGREEMENT WITH THE NEW JERSEY SCHOOLS DEVELOPMENTAUTHORITY FOR THE USE OF A PARKING LOT AT 70 EGE AVENUE
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
To enter into a Licence Agreement with New Jersey Schools Development Authority for the use of a
parking lot located at 70 Ege Avenue for approximately 18 months in order to provide City employee parking.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
June 1, 2018 to November 30,2019
Type of award License Agreement
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
LICENSE AGREEMENT
THIS AGREEMENT made as of April , 2018, between the NEW JERSEY SCHOOLSDEVELOPMENT AUTHORITY ("Licensor"), having an office located at 32 East Front Street, P.O. Box991, Trenton, New Jersey 08625-0991 and the CITY OF JERSEY CITY, having an address at 280 GroveStreet, Jersey City, New Jersey 07302 ("Licensee").
WITNESSETH
WHEREAS, Licensor is the owner of certain premises located in the City of Jersey City, County ofHudson, State of New Jersey, and being known and designated on the tax map of the City of Jersey City as
Block 21102, Lot 52 (formerly known as Jersey City TaxBlock 1981, Lots 1,2,3,4A, 5-14, H7, H12, H13,and HI 6, inclusive) having a street address of 70 Ege Avenue, Jersey City, New Jersey (the "Property"); and
WHEREAS, the Property consists of a fully fenced, vacant lot acquired for the construction of afuture Early Childcare Center school facilities project for the benefit of the City of Jersey City Public SchoolDistrict (the "Project ), the construction of which has not been scheduled to commence to the effect that the
Property (i) is not needed for construction of the Project at this time and (ii) is not useful in the businessoperations of the Licensor at this time. Accordingly, consistent with applicable provisions of the nowexpired "Disposition of Surplus Real and Personal Property of the New Jersey Schools DevelopmentAuthority", set forth in NJ.A.C. 19:35-1 et seg., the Property may be used, temporarily, by third parties;and
WHEREAS, a portion of the Property, as shown in the area boxed in blue on the aerial map annexedhereto as Exhibit A (the "Licensed Premises") is capable of being used for parking, and Licenseetemporarily requires a secured lot for employee parking; and
WHEREAS, Licensee desires to use the Licensed Premises during the dates and times set forth
below in order to satisfy its need for employee parking pending the construction of a permanent governmentemployee parking facility, and Licensor is willing to allow such use by Licensee.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, theLicensor and Licensee agree as follows:
1. Licensed Premises. Licensor hereby grants an exclusive license to use the Licensed Premises forthe purposes set forth herein upon the terms and conditions set forth in this Agreement.
2. Use.
(a) Except as otherwise set forth in Paragraph 8(h) hereof, Licensor hereby grants Licensee anexclusive license to use the Licensed Premises identified on Exhibit A as and for a parking lot for use by
employees of Licensee for the parking of employee passenger vehicles, and for no other purposes, upon theterms and conditions set forth in this Agreement.
(b) The Licensed Premises shall be made available to Licensee for the parking of up to 98 employeepassenger vehicles only, from Monday through Friday on days that Licensee is open for business between
the hours of 7:00 A.M. and 7:00 P.M. only. No large trucks or construction related vehicles or equipmentshall be parked on the Licensed Premises nor shall any materials, equipment or property of any kind bestored or placed on the Licensed Premises at any time. No overnight or weekend parking is permitted.Licensee shall restrict parking in the Licensed Premises to employees only and shall mark the LicensedPremises with appropriate signage.
(c) Licensee shall obtain at its sole cost and expense any and all requu'ed governmental permitsand/or approvals required for this permitted use before entering the Licensed Premises.
3. Term.
(a) The Licensed Premises shall be made available to Licensee for the period (the "License Period )commencing effective as of the date this fully executed License Agreement is delivered by Licensor toLicensee (the "Commencement Date") and expiring at 7:00 P.M. on the earlier of (i) November 30,2019, or(il) the expiration of thirty (3 0) days after either party hereto shall give notice (the "Termination Notice") tothe other of its desire to terminate this License Agreement. The period during which this LicenseAgreement shall remain in effect is hereinafter called the "License Period". This License Agreement mayalso be terminated by the Licensor "for cause" as described below, in which event this License Agreementmay be canceled on five (5) calendar days' written notice (the "Default Termination Notice"). The effective
date of the termination of this License Agreement pursuant to subclause (i) above or pursuant to the givingof either a Termination Notice or Default Termination Notice, as the case may be, is hereinafter referred toas the "Termination Date". Effective as of the Termination Date, Licensee will have no lawful right toremain in possession of the Licensed Premises and Licensor shall have the right to commence an action for
recovery of the Licensed Premises, damages or any other remedies available under law.
(b) This License Agreement may be terminated for cause. Termination "for cause" shall meantermination arising out of the failure of Licensee to perform any of the terms and conditions of this License
Agreement after notice and the opportunity to cure the deficiency. If Licensee shall violate any of the terms,provisions, covenants and/or conditions hereof (including the parking of vehicles on portions of the Propertyoutside the boundary of the Licensed Premises) or, if Licensor discovers any unauthorized use, unsafe orunsightly condition or any disruptive activity on or within the Licensed Premises, Licensee shall commenceto remedy the violation, condition or activity at its expense within forty-eight (48) hours' notice fromLicensor. Such notice may be oral, in which event said oral notification shall be memorialized by writtenconfirmation in accordance with the Notice provisions set forth in Paragraph 17 hereof. If Licensee fails totake action to resolve and diligently and continuously prosecute to completion a resolution of the deficiencyreferenced in such notice within the five (5) days following such notice, Licensor may terminate this LicenseAgreement by the giving of the Default Termination Notice.
4. LicenseJFee.
(a) In consideration of the license to use the Licensed Premises granted hereby. Licensee agrees that
it shall (i) pay to Licensor the sum of ONE DOLLAR ($ 1.00), receipt of which is hereby acknowledged.
(b) Any sums payable in connection with the terms, provisions, covenants and conditions on the partof Licensee to be performed and/or paid hereunder, other than the amount payable by Licensee pursuant toParagraph 4(a), shall be deemed "additional rent". Licensee shall pay when due all additional rent,
2Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
including without limitation amounts attributable to utility charges for the Licensed Premises and any costswhich may be incurred by and/or charged to Licensor with respect to the Licensed Premises. Additional
rent due Licensor shall be payable on demand, unless other payment provisions are agreed to between theparties. Licensee understands, acknowledges and agrees that the failure of Licensee to make timely paymentof additional rent due Licensor shall be the basis for a termination "for cause" as contemplated under the
provisions of Paragraph 3(b) hereof.
(c) Licensee understands that the surrender of the Licensed Premises at the end of the License Periodconstitutes a material provision of this License and that Licensee will have no lawful right to remain inpossession of the Licensed Premises beyond the Termination Date. In the event Licensee shall remain inpossession of the Licensed Premises beyond the Termination Date, such holding over and continuedoccupancy of the Licensed Premises shall not be deemed to extend the Term or renew this License but such
holding over shall continue upon the terms, covenants and conditions of this License except that Licenseeshall pay to Licensor a license fee of $500 per day until Licensee so vacates. In the event Licensee shallcontinue to use the Licensed Premises beyond the Termination Date as contemplated in the next precedingsentence, Licensee understands, acknowledges and agrees that Licensor shall have the right (but not theobligation) to enter onto the Licensed Premises and remove any and all vehicles parked thereon atLicensee's sole cost and expense. Licensee agrees to reimburse Licensor for all such costs upon demand.
In no event shall the Licensor be liable for any damage to or loss of personal property sustained by Licensee,its employees, agents, mvitees or any other party parking on the Licensed Premises affcer the TerminationDate, as a result of such acts by Licensor. In addition, Licensor shall have the right to commence an actionfor recovery of the Licensed Premises, damages, or any other remedies available under law.
5. Condition of the Licensed Premises. Licensee acknowledges that (i) it hereby accepts and shallutilize the Licensed Premises in its "as is" condition and (li) Licensor shall not be required to do any work tothe Licensed Premises in connection with the use by Licensee for parking.
6. Licensee's Preparation of the Licensed Premises.
(a) As set forth in Paragraph 2 above. Licensee will be using the Licensed Premises as and for a
parking lot, for use by Licensee's employees, for the parking of employee passenger vehicles. Inconnection with Licensee's use of the Licensed Premises and prior to taking possession of the LicensedPremises for the purposes described hereunder, Licensee hereby covenants and agrees that Licensee shall, atits sole cost and expense, and in a good and workmanlike manner, perform minor clearing and re-gradingwork ("Licensee's Work").
(b) Licensee agrees, with respect to the performance by Licensee of Licensee's Work, as follows:
(i) Licensee's Work shall be performed under the oversight of NJSDA and incompliance with OSHA health and safety protocols;
(ii) Licensee's Work shall be performed using appropriate dust suppression methods;(iii) No historic flll/soils shall be removed from the Licensed Premises; any excavated
soils on the Licensed Premises shall be managed properly, on site, in accordancewith all applicable local, state and federal regulations;
(iv) Any importation of soil/fill materials necessary in connection with the performance
of Licensee's Work, including, without limitation, the performance of site grading, or
3Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
the management of stormwater systems, must be managed in accordance with alllocal, state and federal regulations and consistent with the NJSDA GeneralConditions for Handling Soil/Fill Materials set forth on Exhibit B annexed heretoand made a part hereof.
(v) All excavated fill materials managed on-site which are relocated/spread elsewhere onthe Licensed Premises shall be covered with 6 inches of certified clean crushed
gravel. No importation of fill materials shall take place without NJSDA review and
approval of the clean fill certification.(vi) Excavated soil/fill must not be placed elsewhere on the Licensed Premises in a
manner that would cause unacceptable soil erosion or generate off-site impacts;(vii) Licensee shall, if required by the NJDEP, obtain a General Stormwater Permit from
NJDEP and a soil erosion permit from Hudson County with respect to all work at the
Licensed Premises that requires digging below the existing gravel cover and into thesoil of the Licensed Premises (hereinafter called "Earthwork"),
(viii) All Licensee's Work shall be performed in a good and workmanlike manner and inaccordance with all applicable laws, rules and regulations of all public authoritieshaving jurisdiction.
7. Maintenance and Repair. Licensee, at its sole cost and expense, shall keep, repair and maintainthe Licensed Premises in good, safe condition and state of repair, free from rubbish and waste and shall keepthe sidewalks surrounding the Licensed Premises in good repair and free of ice and snow and shall also, atits expense, keep the fence and all lights and lighting equipment located on the Licensed Premises, if any, in
good repair and working order. Licensee agrees that in the event Licensor shall incur any maintenance costswith respect to the Licensed Premises, or with respect to other property of Licensor adjacent to but not a partof the Licensed Premises, resulting from the use of the Licensed Premises by Licensee or any of its
employees, representatives, agents, contractors or sublicensees, such costs shall be billed to Licensee asadditional rent pursuant to the provisions of Paragraph 4(b) hereof.
8. Licensee's Covenants.
(a) Licensee shall monitor employee parking at the Licensed Premises and shall engage a parkingenforcement officer to monitor that the use of the parking lot is limited to Licensee's employees only andthat all vehicles are parked within the boundaries of the Licensed Premises. In no event shall Licensee allow
any vehicles to enter upon or park in the remainder of the Property.
(b) Access to the Licensed Premises shall be through the existing gate(s) which, except as otherwise
set forth in subparagraph (h) below, shall remain locked and secure by the Licensee at all times except whenentry is required in connection with the permitted use and a representative of Licensee is present on-site.Licensee shall provide Licensor with a full set of keys (or, if applicable, combinations) to all locks.Licensee shall not be permitted to change the lock(s) to the gate(s) without the prior written consent ofLicensor. In the event Licensee shall change the lock(s) to the gate(s) as contemplated above, Licensee shallprovide Licensor with a full set of keys (or, if applicable, combinations).
(c) Licensee shall, at its sole cost and expense, provide security to the Licensed Premises.
Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
(d) Licensee shall, at its sole cost and expense, obtain any and all required governmental permitsand/or approvals required for this permitted use before entering the Licensed Premises.
(e) Licensee shall not use or occupy or permit anything to be done in or on the Licensed Premises ina manner which would in any way violate any of the terms, provisions and conditions of this License or doanything that will operate to destroy the peace and quiet of persons in the neighborhood or which would inany way constitute a public or private nuisance.
(f) Licensee shall not encumber or obstruct the sidewalks, driveways, yards, entrances surroundingthe Licensed Premises and shall maintain such areas in accordance with the provisions of Paragraph 7hereof.
(g) Licensee's use of the Licensed Premises shall at all times be in compliance with all applicablefederal, state and local statutes, ordinances and regulations regarding its use of the Licensed Premises.
(h) Licensor has advised Licensee and Licensee acknowledges that a portion of the Propertyadjacent to the Licensed Premises is subject to use by New Jersey Transit ("NJT") for purposes of accessingits Hudson-Bergen Light Rail train line tractor power substation (the "NJT Substation"). Licensee has beenadvised that the entry gate to the Property that affords access to the Licensed Premises shall also be used byNJT in connection with its access to the NJT Substation and that NJT will be provided with a full set of keys(or, if applicable, combinations) to all locks. Licensee understands and agrees that in no event shallLicensee allow its employees to park on the Property other than in the Licensed Premises and that in noevent shall use by Licensee of the Licensed Premises interfere in any way with New Jersey Transit's ability
to access the NJT Substation. For purposes of clarity, Licensee shall ensure that employee vehicles shallonly be parked in the 98 designated spaces as shown on Exhibit A and that no vehicles of any kind shallenter upon any other portion of the Property.
9. Environmental.
(a) Licensee acknowledges that it has been advised by Licensor that past environmental testingofsoiVfUl at the Licensed Premises shows the Licensed Premises may have residual soil and groundwaterquality issues due to prior commercial and residential uses, that the site Is currently partially covered withclean quarry stone that was used to stabilize the site from excessive erosion, and that underlying the site aresoils containing typical low-levels of petroleum hydrocarbons, polycyclic aromatic hydrocarbons, andmetals that are typical of urban fill ("Soils"). Licensor has placed gravel over the ground surface of theLicensed Premises in order to eliminate any potential direct contact exposure to the Soils. Licensee
understands that direct contacVexposure to the Soils must be avoided and agrees to perform such work as isrequired to maintain, at all times, a gravel, or other cover, acceptable under guidelines promulgated by theNJDEP, as necessary to continue to prevent any potential direct contact exposure to the Soils. Licenseerepresents, warrants and agrees that in consideration of the foregoing, any work involving Soils shall be
performed in accordance with the terms, provisions and conditions set forth for the performance ofLicensee's Work set forth in Paragraph 6(b).
(b) Licensee shall not cause or permit any hazardous substances or hazardous wastes to bebrought or stored within the Licensed Premises and shall not engage in or permit any other person or entityto engage in any activity therein which involves the handling or disposal of hazardous substances or
5Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
hazardous wastes including without limitation the changing of the oil on any of the passenger vehicles.Licensee understands and agrees that it is and shall be responsible and liable for acts of Licensee, or any ofits agents, employees or contractors, arising out of any hazardous substance discharge on the LicensedPremises or any act that shall cause or contribute to any contamination at the Licensed Premises.
10. Alterations. Licensee shallnotmake any alterations, changes, additions or unprovements to theLicensed Premises.
11. Assignment. Licensee shall not assign, pledge, sublicense, or otherwise transfer or encumber
the Licensed Premises or this License Agreement.
12. Limitation of Liability.
(a) It is specifically understood and agreed that in the event of a breach by the Licensor or theLicensee of any of the terms, covenants or conditions of this Agreement to be performed by either suchparty, the other party hereby agrees that nothing in this Agreement shall make the other party or itsemployees or agents liable to pay any damages or costs for which it and/or they have no liability under theNew Jersey Tort Claims Act, NJ.S.A. 59:13-1 et seq. The Licensee and Licensor agree to be bound by theNew Jersey Contractual Liability Act, N.J.SA. 59:13-1 et seq.
(b) Supplementing the provisions of Paragraph 12(a) above, Licensee hereby releases andwaives any right to ask for or demand direct or consequential damages for or on account of any loss orinjury to any property of Licensee and its employees, including property in the care, custody, and control ofLicensee, and/or to the Licensed Premises and contents thereof that are over, under, upon, or in the propertyof the Licensor, including loss of, or interference with, service or use thereof whether or not it shall bealleged or determined that the cause thereof was the negligence, acts or omissions of the Licensor, itssuccessors, assigns, agents, employees, servants and officials or of other persons.
13. Insurance.
During the term of this Agreement, the Licensee, at Licensee's sole cost and expense, shall carry andmaintain:
(a) Commercial General Liability. The Licensee shall maintain Commercial General Liability and, ifnecessary, Commercial Umbrella Insurance with a limit of not less than $5,000,000 each occurrence. Ifsuch CGL insurance contains a general aggregate limit, it shall apply separately to the Licensed Premises.
(i) CGL insurance shall be written on an ISO occurrence form CG 00 01 (or a substitute formproviding equivalent coverage) and shall cover liability arising out of, occasioned by or resulting from
premises, operations, independent contractors, products, completed operations, personal injury andadvertising injury, and liability assumed under an insured contract.
Licensor will be included as an insured under the CGL, using ISO Additional Insured endorsement CG 2011 (or a substitute form providing equivalent coverage), and under the Commercial Umbrella, if any. This
insurance shall apply as primary insurance with respect to any other insurance programs afforded to theLicensor.
6Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
The Licensee may, at its option, purchase insurance to cover its personal property. In no event shall theLicensor be liable for any damage to or loss of personal property sustained by the Licensee, whether or not itis insured, even if such loss is caused by the negligence of the Licensor, its employees, officers, directors or
agents.
In no event shall the Licensor be liable for any business interruption or other consequential loss sustained bythe Licensee, whether or not it is insured, even if such loss is caused by the negligence of the Licensor or itagents.
(ii) Business Automobile Liability and, if necessary, Commercial Umbrella Insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto(including owned, hired, and non-owned autos). The Business Automobile coverage shall be written on ISO
form CA 00 01 (or a substitute form providing equivalent liability coverage). If necessary, the policy shallbe endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and latereditions of CA 00 01.
(iii) Pollution Liability coverage at least as broad as that provided under the ISO Pollution LiabilityBroadened Coverage for covered autos endorsement, CA 99 48, shall be provided.
(iv) Workers' Compensation and Employers' Liability insurance prescribed by applicable stateWorkers' Compensation acts and to be endorsed to Include coverage for any federal or other state law that
may be found to have legal jurisdiction. The Employers' liability limits (including Umbrella coverage) shallnot be less than $500,000 each accident for bodily injury by accident, $500,000 each employee for bodilyinjury by disease and $500,000 policy limit for bodily injury by disease.
(b) Certificate of Insurance. Prior to the commencement date of this Agreement, the Licensee shall furnishto the Licensor a certificate of insurance, executed by a duly authorized representative of each insurer,evidencing compliance with the insurance requirements set forth herein. All certificates shall provide for
ten (10) days written notice to the Licensor prior to cancellation and/or material change of any insurancereferred to therein. Failure of the Licensor to demand such certificate or other evidence of full compliancewith these insurance requirements or failure of the Licensor to identify a deficiency from evidence that isprovided shall not be construed as a waiver of the Licensee's obligation to maintain such insurance. Failure
to maintain the required insurance may result in termination of this Agreement at the Licensor's option. TheLicensee shall provide certified copies of all insurance policies required within ten (10) days of theLicensor's written request for such policies. By requiring insurance herein, the Licensor does not representthat coverage and limits will necessarily be adequate to protect the Licensee, and such coverage and limitsshall not be deemed as a limitation on the Licensee's liability granted to the Licensor in this Agreement.
(c) Form of Policies. All insurance policies shall be of a company or companies authorized to do business inthe State of New Jersey with an A- or better rating as determined by A. M. Best Company.
(d) Self-Insurance Option. Licensee reserves the right to satisfy the insurance requirements set forth in thisagreement with insurance policies placed in the commercial marketplace and/or through self-insurance.
Final NJSDA to NJTransit-Ege Ave ParkingApril 6,20 i 8
14. Waiver of Subroeation. Licensor and Licensee hereby waive any recovery of damages andrights against each other (including their employees, directors, officers, agents or representatives) for loss ordamage to the Licensed Premises and any fixtures, equipment or other personal property located therein tothe extent covered by the insurance policies carried on the Licensed Premises as required under this
Agreement,
15. Broker. Each party hereto represents to the other that no finders or brokers have been involvedwith the introduction of the Licensor and Licensee regarding this transaction. This representation shallsurvive the expiration or termination of this Agreement.
16. Relationship of the Parties. No Landlord/Tenant relationship and no tenancy, leasehold orestate rights on the part of the Licensee in the Licensed Premises shall at any time be construed to arise,exist or to have been created by this License. Licensee hereby expressly acknowledges that it has no interestor estate in the Licensed Premises.
17. Notices. All notices shall be in writing and sent by certified mail return receipt requested, or by
a recognized overnight carrier which provides proof of delivery. Notice shall be sent to the Licensor,attention Jacqueline Howard, Director of Real Estate Services, 32 East Front Street, P.O. Box 991, Trenton,New Jersey 08625-0991 with a copy to Sandra L. Vleser, Senior Counsel., at the same address. Notices tothe Licensee shall be sent to Brian Platt, Business Administrator, City Hall, Room 108,280 Grove StreetJersey City, NJ 07302.
All notices hereunder shall be effective upon the earlier of either three (3) days after mailing (ifmailed), or one (1) business day after delivery to the nationally recognized independent overnight courier.
18. Access to the Licensed Premises. Licensor shall have the right to enter upon the Licensed
Premises at all reasonable hours for the following purposes: to inspect or protect the same; to effectcompliance with any law, order to regulation of any governmental authority having jurisdiction; to exhibit
same to prospective purchasers; and to make or supervise repairs.
19. Indemnification.
(a) Licensee shall assume all risk of and responsibility for and agrees to indemnify, defend and saveharmless the Licensor, its agents, employees and officials from and against any and all demands, suits,actions, recoveries, judgments, costs and expenses In connection therewith on account of either (i) the loss
of life, property or injury or damage to the body or property of any individuals or entities whatsoever, whichdirectly or indirectly arise or result, or is alleged to arise or result from the use, condition, occupancy,management and maintenance of the Licensed Premises and any improvements or equipment found thereon;or (ii) occurs or is alleged to have occurred on or about the Licensed Premises; or (iii) any failure on the partof Licensee to perform or comply with any legal or insurance requirements or any of the covenants, terms,provisions or conditions contained in this License Agreement to be performed by the Licensee, or (iv)_arises from the mere license to occupy the Licensed Premises granted hereby, or (v) arises from the acts oromissions of the Licensee as occupancy, or its employees, representatives, agents, invitees and/or
contractors.
(b) In no event shall the provision of this Paragraph 19 operate to impose onLlcensee responsibility forconditions existing at the Licensed Premises as of the Commencement Date and unrelated to the occupancy
of the Licensed Premises by Licensee or its employees or agents, provided, however that the provisions of
8Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
this paragraph shall not operate to relieve Licensee from liability for its failure to comply with the terms andprovisions of this License Agreement.
(c) In case any action or proceeding Is brought against the Licensor by reason of any of the foregoing,the Licensee, upon written notice from the Licensor shall, at Licensee's expense, resist or defend or cause tobe resisted or defended such action or proceeding. The Licensee or its counsel shall keep the Licensorapprised at all times of the status of the action or proceeding. At the request of the Licensee, the Licensorwill cooperate with the Licensee m any such action or proceeding, and will execute any documents and
pleadings reasonably required for such purpose. Licensee hereby agrees to save Licensor harmless from allcost, expense (excluding attorney fees), loss and damage on account of, growing out of, or resulting from,such cooperation. The establishment of limits of coverage for the insurance required herem shall not servein any way to limit the Licensee's obligations pursuant to this paragraph. The provisions of this paragraphshall survive the expiration or termination of this License Agreement.
20. End of Term/Surrender of Licensed Premises. Upon the Termination Date, or othertermination of the term of this Agreement, Licensee shall peaceably and quietly quit and surrender theLicensed Premises to Licensor in the same condition existing as of the date of this License Agreement withall Licensee's Work removed and free and clear of rubbish and waste and all other debris. For purposes ofclarity, Licensee shall deliver fully fenced, gated and locked vacant lots surfaced with clean stone.
21. Goverume Law. This Agreement shall be governed by and construed in accordance with thelaws of the State of New Jersey.
22. Entire Asreement This Agreement shall constitute the entire understanding between theparties. This License Agreement can only be changed by an agreement in writing signed by both Licensorand Licensee.
23. Severabilitv. If any provision of this License Agreement is held invalid by any court ofcompetent jurisdiction, said provision shall be deleted herefrom, but such invalidity shall not affect the otherprovisions that can be given legal effect without the invalid provision.
24. Bindins Effect. This License Agreement shall be binding upon and inure to the benefit of theparties hereto, their respective heirs, executors, administrators, successors and assigns. The parties hereto
represent that they have the proper authority to sign on behalf of the entities entering into this LicenseAgreement and they fully intend for the Licensor and Licensee to be legally bound.
IN WITNESS WHEREOF, the Licensor and Licensee have caused this License Agreement to beexecuted the date first above written.
SIGNATURE PAGE FOLLOWS
Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
ATTEST NEW JERSEY SCHOOLS DEVELOPMENTAUTHORITY
ATTEST:
By:Charles McKenna, Chief Executive Officer
CITY OF JERSEY CITY
By:Brian Platt, Business Administrator
Final NJSDA to NJTransit-Ege Ave ParkingApril 6,2018
10
JCRAP&rkingtobelnifiited to area outlined
70 EGE AVENUEPARKING CONCEPT
EXHIBIT B
NJSDA General Conditions _for Handling Soil/Fill Materials
6.24 Importation and Exportation of Fill Materials
6.24.1 Importation of Fill Materials
6.24.1.1 All Imported Fill brought onto the Project Site shall be suitable for the Project from bothan engineering and environmental quality perspective. The environmental quality of theImported Fill utilized on the Project shall not negatively affect the environmental classificationof the Project Site.
6.24.1.2 Only "Certified Clean Fill" shall be imported to the Project Site for use in any remedialaction or for geotechnical or geoengineering purposes. In the absence of the appropriatecertification in accordance with NJDEP Technical Requirements for Site Remediation (7:26E-6.4(b) 2 and 3), Imported Fill to be used in a remedial action must be supported by analytical testresults from a New Jersey-certified laboratory documenting that the fill has been tested and doesnot contain constituents of concern in excess of NJDEP Soil Remediation Standards. TheContractor shall provide to the LSRP and the Authority the analytical test results for all ImportedFill before such Imported Fill is brought onto the Site.
The Contractor shall be responsible for the costs of any testing to satisfy the requirements of thisSection 6.24.1.
6.24.1.3 Unless an alternative sampling program is approved by the Authority and deemedacceptable to the LSRP, all Imported Fill to be used for remedial actions shall be analyzed forExtractable Petroleum Hydrocarbons ("EPH"), Target Contaminant List Demolition GeneralConditions With Unit Pricing Revised: July 11, 2013 GC - 42 ("TCL") volatile organiccompounds (VOCS), TCL Semivolatile organic compounds ( SVOCs"), TCL pesticides andherbicides, polychlorinated blphenyls ("PCBs"), Target analyte List (TAL) metals, and cyanide.A library search for tentatively identified compounds ("TICs") shall be included with the VOCand SVOC analysis (e.g. VOC+15, SVOC+25). The Contractor shall submit laboratory test datafor the proposed imported fill and/or topsoil at a frequency as defined in NIDEP s most currentFill Guidance for SRP Sites (last updated March 2015). Further, the Design-Builder shall providesufficient analysis of the data to affirm that the laboratory analytical results confirm that thematerial is appropriate for use consistent with project specifications and NJDEP s most currentFill Guidance for SRP Sites. Sampling of soil or fill will be in conformance with the latest
versions of the Technical Requirements for Site Remediation and the NJDEP's Field SamplingProcedures Manual.
6.24.2 Exporfation of Fill Materials
6.24.2.1 Excess fill to be removed or exported from the Site shall be exported m a manner anddisposed at a receiving site such that the environmental quality of the excess fill shall not cause
the environmental classification of the destination property, if an unrestricted use, to change to arestricted use.
6.24.2.2 The Contractor shall provide testing of all excess fill to be exported from the Site, forthe purpose of classifying any contaminants contained therein, and to allow for proper disposal atqualified facilities. The Contractor shall be responsible for the costs of any testing to satisfy therequirements of this Section 6.24.2.
6.24.2.3 No Impacted Materials identified on the property (including "'historic fill") shall beexported for reuse, unless the reuse destination is permitted by law to accept these materials.
6.24.2.4 Prior to exportation of fill from the Project Site, the Contractor shall (1) provide theDesign Consultant (or its authorized engineer), the Authority and the LSRP with the name and
address of the fill destination; and (2) provide the Design Consultant (or its authorized engineer),the Authority and the LSRP with documentation affirming that the destination property ispermitted to accept the fill; and (3) provide a letter from the receiving facility that they agree toaccept the material.
Demolition General Conditions With Unit Pricing Revised; July 11, 2013 GC - 43
6,24.2.5 Upon exportation of fill from the Project Site, the Contractor shall quantify the amountof fill exported from the site; and provide proof of such quantities removed, including copies ofproperly executed manifests or BUls-of-Lading to the Design Consultant (or its authorizedengineer), the LSRP and the Authority.
6.24.2.6 Reuse of concrete and masonry as fill shall be in accordance with NJDEP guidance.
6.24.2.7 All fill importation and exportation shall be managed in accordance with local, state,and federal laws and regulations.
City Clerk File No.
Agenda No.
Approved:.
TITLE:
Res. 18-490
10.R
RESOLUTION EXTENDING A LICENSE AGREEMENT WITTHE JERSEY CITY PUBLIC SCHOOLS FOR USE OFBLOCK 14305 LOT 8 , 93 GRAND STREET
COUNCILResolution:
offered and moved adoption of the following
.WHEREAS, the City of Jersey City is the owner of the property known as Block 14305Lot 8, 93 Grand Street; and
WHEREAS, the property is vacant land that is part ofPaulus Hook Park and is adjacentto Public School #16; and
. WHEREAS, the Jersey City Public Schools is requesting permission from the City tocontinue to utilize the. property for recess.activities for students from. Public School#16
from July 1, 2018 through June 30,2019; and
WHEREAS) the City reserves the right to,tei-minate the License Agreement at wiU
upon thirty (30) days advance written notice .to the Jersey City Public Schools, and;
WHEREAS) the Jersey City Public Schools have been utilizing the property sinceJuly 2013;and , • - .
WHEREAS, the Jersey City Public Schools will indemnify and hold the City and itsofficers, agents, and employees harmless &om any and all claims of personal injury and
property damage arising out of the Jersey City Public Schools occupancy and use of the
property.
NOW THEREFORE BE IT RESOLVED, by the Municipal Council of the City ofJersey City that;
1. The Mayor or Business Adnumstratoi be authorized to execute a License- Agreement
in substantially, the form of the attached with the Jersey City Public Schools to utilizeCity-owned property located at Block 14305 Lot 8, 93 Grand Street
2. The term of the License Agreement shall be effective as of July 1,2018 and end onJune 30,2019.
3. The City reserves the right to terminate the agreement at will upon thirty (3 0) daysadvance written notice to the Jersey City Public Schools.
APPROVED:
APPROVED:
/^}^y?M^//^^^ /^a^,_
iLjkAPPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required D
Not RequiredAPPROVED 9-(Q
P.R.^K-' ^
COUNCiLPERSONRIDLEYPRIN^-AREY
BOGGIANO
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5 . Z^l^LAYE
z:73~T
NAY N,V, COUNC1LPERSONYUN
SOLOMONROBiNSON
AYE'7"
~ZL^T
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES.
AYE
_z:7
_z.
NAY N,V.
N.V.-Not Voting (Abstain]
Adopted at a pie^titag of the Municipal Council of the City of Jersey City N.J,
Kolai^fo R. Lavarro, Jr., President of Council
JU'Rob'eFt Byrne7city/C?lerk
RESOLUTLQNFACT SHEET - NON-CONTRACTUALThis 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.
Full Title of Ordinance/Resolution
RESOLUTION EXTENDING A LICENSE AGREEMENT WITH THE JERSEY CITYPUBLIC SCHOOLS FOR USE OF BLOCK 14305 LOT 8, 93 GRAND STREET
Note initiafor must be available by phone during agenda meeting (Wednesday prior to
council meeting @ 4:00 p.m.)
Resolution Purpose
The City is the owner of a vacant lot located at 93 Grand Street. This lot is part of Paulus
Hook Park and is adjacent to Public School #16. The Jersey City Public Schools have beenutilizing the property since July 2013 for recess activities for students from Public School
#16. The Jersey City Public Schools will indemnify and hold the City and its officers,agents and employees harmless from any claims and all claims or personal injury and
property damage arising out the Jersey City Public Schoois occupancy and use of theproperty. The License Agreement is for an additional year from July 1, 2018 to June 30,
2019.
I certify that all the facts presented herein are accurate.
^/ I//-.\\!
Signature of Department Director Date
E JERSEY ClT^ PUBLIC SCHOOLS346 CLAREMONT AVENUE
JERSEY CITY, NEW JERSEY 07305(201)915-6274
(201) 938-1142 FAX
REGiNA ROBINSONBusiness Administrator / Board Secretary
City of Jersey CityDivision of Rea! Estate365 Summit Avenue/ Room 239
Jersey City/ NJ 07306
RE:
Avenue
Dear Ms. Miller
Block 14305 Lot 8, 93 Grand StreetBlock 16901 Lot 17, 51 Crescent AvenueBlock 14602 Lot 27,198 Plainfield Avenue / AKA 278-288 Duncan
Block 28204 Lot 41,166 Danforth
In response to your email dated April 15, 2018 the School District wishes to renew the
above referenced License Agreements for the period of July 1, 2018 through June 30, 2019.
Thank you for your assistance.
Very truly yours/
Reghia Robins^tEusiness Administrator / Board Secretary
RR/ktC: Dr. Marcia V. Lyles/ Superintendent
Hope Blackburn/ General Counsel
THE JERSEY CITY PUBLIC SCHOOLS—AN EQUAL OPPORTUNITY EMPLOYER
LICENSE AGREEMENT
This Agreement is made this day of ,2018, between the CITY OFJERSEY CITY (City), a Municipal Corporation of the State of New Jersey, with offices at CityHall, 280 Grove Street, Jersey City, New Jersey 07302, hereinafter designated as "Licensor" and
the JERSEY CITY PUBLIC SCHOOLS , and its employees, agents, invites and contractors, withoffices at 346 Claremont Avenue, Jersey City, New Jersey 07305, hereinafter designated as
"Licensee".
WITNESSETH that:
1. The City is the owner of certain property located at Block 14305 Lot 893 Grand Street.
2. The City agrees to permit the Jersey City Public Schools to enter the Property forno consideration for a period not to exceed one year (June 30, 2019).
3. The City reserves the right to terminate the agreement at will upon thirty (30) daysadvance written notice to the Jersey City Public Schools.
4. The Jersey City Public Schools use of the Property shall be for the sole purpose ofrecess activities for students from Public School #16.
5. The Jersey City Public Schools shall defend, indemnify, save and hold harmlessthe City from any and all accidents, losses, damages, claims, demands, suits,
judgments, liens, expenses or damages whatsoever arising by reason of thisAgreement or the use of the Property by the Jersey City Public Schools or any of
its agents, servants, employees, or invites, in, on or about the Property for the
purposes set forth above with its permission, express or implies, and whether the
use of the Property is within or outside the scope of the above permitted use.
6. The Jersey City Public Schools shall further furnish to the City evidence that ithas reasonable compensation insurance for the protection of any of the employees
or agents of the Jersey City Public Schools.
7. All accidents or injuries to person, or any damages, etc., occurring as a result of or
in connection with the Jersey City Public Schools use of the Property, shall bereported immediately to the City of Jersey City, Division of Risk Management andthe Office of Real Estate as authorized representatives of the City, together with
all information required by the City on prescribed forms to be provided by theCity.
8. The Jersey City Public Schools shall accept sole responsibility for any or allsecurity, if necessary, for its equipment and supplies or the equipment and
supplies of its agents, servants, employees, contractors and invites while on the
Property, at no cost to the City.
9. Any equipment installed or used by the Jersey City Public Schools in comiection
with its use of the Property that may be removed without damage to the Propertyshall be deemed to be the property of the Jersey City Public Schools, as the casemay be, and shall be removed by it at the termination of the agreement, or in no
event later than fourteen (14) days thereafter. In the event that same is not
removed, same shall be deemed abandoned and the City shall have the right to
dispose of the same and charge the Jersey City Public Schools, for any cost of
disposing thereof.
10. The Licensee shall at its own expense, supply all materials and personnel
necessary for the conduct of any of its operations in the licensed premises.
11. The Jersey City Public Schools shall each provide in writing to the City the namesof two (2) authorized representatives of the Jersey City Public Schools, as the casemay be, who shall be responsible for adherence to the terms and conditions of the
Agreement before, during and after the effective date of this Agreement. No other
persons are to speak or act for the Jersey City Public Schools, as the case may be.
12. All notices and payments between the parties hereto shall be addressed and
delivered to the following:
City: City of Jersey CityBusiness Administrator
City Hall280 Grove StreetJersey City, New Jersey 07302
Jersey City Jersey City Public SchoolsPublic Schools 346 Claremont Avenue
Jersey City, New Jersey 07305Attn: Hope R. Blackburn
General Counsel
13. The Jersey City Public Schools shall not assign this Agreement, or any part
thereof, or occupy the same for any other reason or reasons then herein stipulated
in this agreement, under penalty of damages and forfeiture.
14. All of the above terms and conditions shall be binding on the Jersey City PublicSchools, the City and all other parties connected with the event for which the
Property is herein licensed. Any and all violations of the terms and conditions of
the Agreement shall be considered just cause for immediate termination and
cancellation of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective officers, hereunto duly authorized, all as the day and year first above
mentioned.
ATTEST: CITY OF JERSEY CITY
ROBERT BYRNE BRIAN PLATT,CITY CLERK BUSINESS ADMINISTRATOR
WITNESS: JERSEY CITY PUBLIC SCHOOLS
City Clerk File No.
Agenda No.
Approved:
TITLE:
Res. 18-491
10.S
NAY 2 3 2018
RESOLUTION EXTENDING A LICENSE AGREEMENTWITH THE JERSEY CITY PUBLIC SCHOOLS FOR USE OFBLOCK 14602 LOT 27,198 PLAINFIELD AVENUE
Councilfollowing Resolution:
offered and moved adoption of the
WHEREAS, the City of Jersey City is the owner of the property known as Block 14602Lot 27,198 Plaiufield Avenue; and,
WHEREAS, the property is vacant land adjacent to Public School # 39;and,
WHEREAS, the Jersey City Public Schools have been utiUzmg the property forparking for personnel of Public School # 39 since November 1992; and,
WHEREAS, the City will contmue to grant permission to the Jersey City Public Schoolsto allow the personnel of Public School # 39 to park at said property for an additional one'year commencmg July 1, 2018 and ending June 30, 2019; and, ; ,
WHEREAS , the Jersey City PuUn- Schools will indemnify and hold the City and itsofficers, agents and employees harmless from any and all claims or personal injury and
property damage arising out of the Jersey City Public Schools occupancy and use of theproperty.
NOW THEREFORE BE IT RESOLVED, by the Municipal Council of the City ofJersey Ci-ty that:
1. The Mayor or Business Administrator be authorized to execute a License
Agreement wifh the Jersey City Public Sfchools to utilize city-owned propertylocated at Block 14602 Lot 27,198 Plamfield Avenue.
2. The term offhe License Agreement shall commence on July 1,2018 and end
June 30, 2019. .
APPROVED:
APPROVED:
; ^]^}^,fU&t^m'^^v/ APPROVED Ag TO LEGAL FORM
li' Business AdministTator "^Corporation Counsel
Certification Required D
Not Required
^i->r
COUNCILPERSONRIDLEYPRINZ-AREY
BOGGIANO
AYE
~z_77~7~
APPROVEDRECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.2;
NAY N.V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
////
NAY N.V. COUNC1LPERSONRIVERA
WATTERMAN
LAVARRO, PRES,
1_6__-1A.AYE
_/.
/.
/
NAY N,V,
N.V.-Not Voting (Abstain:
Adopted at a rpe^tip^ of the Municipal Council of the City of Jersey City N,J.
Ju-RoTanfio R. Lavarro, Jr., President of Council Robert Byme, Clty^Glerh
RESOLUTION FACT SHEET - NON-CONTRACTUALThis 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.
Full Title of Ordinance/ResoIution
RESOLUTION EXTENDING A LICENSE AGREEMENT WITH THE JERSEY CITYPUBLIC SCHOOLS FOR USE OF BLOCK 14602 LOT 27,198 PLAINFIELD AVENUE
Initiator
Department/Division
Name /Title
Phone/E-Mail
Administration
Ann Marie Miller
(201) 547-5234
Real Estate
Real Estate Manager
annmarie(S)jcnj.org
Note initiator must be available by phone during agenda meeting (Wednesday prior to
council meeting @ 4:00 p.m.)
Resolution Purpose
The City is the owner of a vacant lot located at 198 Plainfield Avenue. This lot is adjacent
to Public School #39. The Jersey City Public Schools have been utilizing the property forparking for personnel of Public School #39 since November 1992. The Jersey City PublicSchools will indemnify and hold the City and its officers, agents and employees harmlessfrom any claims and all claims or personal injury and property damage arising out the
Jersey City Public Schools occupancy and use of the property. The License Agreement is
for au additional year from July 1, 2018 to June 30,2019.
I certify that all the facts presented herein are accurate.
I').. H
Signature of Department Director Date
JERSEY CITY PUBLIC SCHOOLS346 CLAREIVIONT AVENUE
JERSEY CITY, NEW JERSEY 07305(201)915-6274
(201) 938-1142 FAX
REGINA ROBINSONBusiness Administrator/ Board Secretary
City of Jersey CityDivision of Real Estate365 Summit Avenue/ Room 239
Jersey City/ NJ 07306
RE:
Avenue
Dear Ms. Miller:
Block 14305 Lot 8, 93 Grand StreetBlock 16901 Lot 17, 51 Crescent Avenue
Block 14602 Lot 27,198 Plainfield Avenue / AKA 278-288 Duncan
Block 28204 Lot 41,166 Danforth
In response to your email dated April 15, 2018 the School District wishes to renew the
above referenced License Agreements for the period of July 1, 2018 through June 30, 2019.
Thank you for your assistance.
Very truly yours,
Reghia Robins^;^Business Administrator/ Board Secretary
RR/ktC: Dr. Marcia V. Lyles/ Superintendent
Hope Blackburn/ General Counsel
THE JERSEY CiTV PUBLIC SCHOOLS—AN EQUAL OPPORTUNITY EMPLOYER
LICENSE AGREEMENT
This Agreement is made this day of ,2018 between the CITY OFJERSEY CITY (City), a Municipal Corporation of the State of New Jersey, with offices at CityHall, 280 Grove Street, Jersey City, New Jersey 07302, hereinafter designated as "Licensor" and
the JERSEY CITY PUBLIC SCHOOLS , and its employees, agents, invites and contractors, with
offices at 346 Claremont Avenue, Jersey City, New Jersey 07305, hereinafter designated as
"Licensee .
WITNESSETH that:
1. The City is the owner of certain property located at Block 14602 Lot 27198 Plainfield Avenue.
2. The City agrees to permit the Jersey City Public Schools to enter the Property forno consideration for a period not to exceed one year (June 30, 2019).
3. The City reserves the right to terminate the agreement at will upon sixty (60) days
advance written notice to the Jersey City Public Schools.
4. The Jersey City Public Schools use of the Property shall be for the sole purpose ofparking for the personnel of Public School # 39.
5. The Jersey City Public Schools shall defend, indemnify, save and hold harmlessthe City from any and all accidents, losses, damages, claims, demands, suits,
judgments, liens, expenses or damages whatsoever arising by reason of this
Agreement or the use of the Property by the Jersey City Public Schools or any ofits agents, servants, employees, or invites, in, on or about the Property for the
purposes set forth above with its permission, express or implies, and whether the
use of the Property is within or outside the scope of the above permitted use.
6. The Jersey City Public Schools shall further furnish to the City evidence that ithas reasonable compensation insurance for the protection of any of the employees
or agents of the Jersey City Public Schools.
7. All accidents or injuries to person, or any damages, etc., occurring as a result of orin connection with the Jersey City Public Schools use of the Property, shall be
reported immediately to the City of Jersey City, Division of Risk Management andthe Office of Real Estate as authorized representatives of the City, together withall information required by the City on prescribed forms to be provided by theCity.
8. The Jersey City Public Schools shall accept sole responsibility for any or allsecurity, if necessary, for its equipment and supplies or the equipment and
supplies of its agents, servants, employees, contractors and invites while on the
Property, at no cost to the City.
9. Any equipment installed or used by the Jersey City Public Schools in connection
with its use of the Property that may be removed without damage to the Propertyshall be deemed to be the property of the Jersey City Public Schools, as the casemay be, and shall be removed by it at the termination of the agreement, or in no
event later than fourteen (14) days thereafter. In the event that same is not
removed, same shall be deemed abandoned and the City shall have the right to
dispose of the same and charge the Jersey City Public Schools, for any cost of
disposing thereof.
10. The Licensee shall at its own expense, supply all materials and personnel
necessary for the conduct of any of its operations in the licensed premises.
11. The Jersey City Public Schools shall each provide in writing to the City the namesof two (2) authorized representatives of the Jersey City Public Schools, as the casemay be, who shall be responsible for adherence to the terms and conditions of the
Agreement before, during and after the effective date of this Agreement. No other
persons are to speak or act for the Jersey City Public Schools, as the case may be.
12. All notices and payments between the parties hereto shall be addressed and
delivered to the following:
City: City of Jersey CityBusiness Administrator
City Hall280 Grove StreetJersey City, New Jersey 07302
Jersey City Jersey City Public SchoolsPublic Schools 346 CIaremont Avenue
Jersey City, New Jersey 07305Attn: Hope R. Blackburn
General Counsel
13. The Jersey City Public Schools shall not assign this Agreement, or any partthereof, or occupy the same for any other reason or reasons then herein stipulated
in this agreement, under penalty of damages and forfeiture.
14. All of the above terms and conditions shall be binding on the Jersey City PublicSchools, the City and all other parties connected with the event for which the
Property is herein licensed. Any and all violations of the terms and conditions of
the Agreement shall be considered just cause for immediate termination and
cancellation of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective officers, hereunto duly authorized, all as the day and year first above
mentioned.
ATTEST: CITY OF JERSEY CITY
ROBERT BYRNE BRIAN PLATTCITY CLERK BUSINESS ADMINISTRATOR
WITNESS: JERSEY CITY PUBLIC SCHOOLS
City Clerk File No.
Agenda No.
Approved:.
TTLE:
Res. 18-492
10.T
m 2 3 2018
RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITHWSP TO ENTER ONTO CITY PROPERTY AT 575 NJ ROUTE 440,JERSEY CITY, NJ
COUNCIL offered and moved adoption of the following resolution;
WHEREAS, New Jersey Transit (NJT) will be performing certain work in conneetionwith the HBLR Route 440 Extension Proje.ct (Project), a portion of which abuts propei-tyowned by the City of Jersey City (City); and
WHEREAS, WSP, with an address at 2 Gateway Center, Newark, New Jersey, has been
hired by NJT to perform certain geotechnical and environmental borings on City propertylocated at 575 Route 440, Jersey City, NJ (City Property) for the Project; and
WHEREAS, WSP requests the City's permission to enter onto the City Property toconduct a test boring; and
WHEREAS, WSP agrees to execute the License Agreement attached hereto.
NOW, THEREFORE, Be It Resolved by the Municipal Council of the City of Jersey Citythat:
1) . WSP is authorized to enter onto City Property for the purpose of performingthe activities described in the License Agreement attached hereto; and
2) Subject to such modifications as may be deemed necessary or appropriateby Corporation Counsel, the Mayor or Business Administrator is authorized
to execute the License Agreement attached hereto; and
3) The term of the License Agreement shall be for twelve (12) monthseffective upon execution of the License Agreement by City officials.
JMcD5-7-18
APPROVED:
APPROVED:
COUNCILPERSONRiDLEYPRINZ-AREY
BOGGIANO/ Indicates Vote'
\Business Administrstor
APPROVE],^• AS TO LEGAL FORM
( Corporation Counsel
Certification Required D
Not Required P__ _. .APPROVED
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23AYE
~z_~72~T
NAY N.V. COUNCILPERSONYUNSOLOMON
ROBINSON
AYE~7L77~7~
NAY N.V. COUNCILPERSONRIVERAWATTERMAN
LAVARRO, PRES.[^
1-0. '•
.15^, -.AYE
~z-
z-/
NAY- N,V.
V,-Noi Voting (Abstain;
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
'//-Rofand^t. Lavarro, Jr,, President of Council Robe^Byme, City 0erk
RESOLUTION FACT SHEET - CONTRACT OF SALEThis sununary 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.
Full Title of Ordinance/Resolution
RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH WSP TO ENTER ONTO CITYPROPERTY AT 575 NJ ROUTE 440, JERSEY CITY, NJ
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
New Jersey Transit (NJT) has hired contractor WSP to perform certain work in connection with the HBLRRoute 440 Extension Project (Project), a portion of which abuts property owned by the City of Jersey City(City). WSP requests the City's pennission to enter onto the City Property to conduct a test boring.
Cost (Identify all sources and amounts)
Type of award
If "Other Exception", enter type
Additional Information
Contract term (include all proposed renewals)
Not applicable
Grant
I certify tha^ all the facts presented herein are accurate.
h. /•h;-lK
Signature of Department Director
LICENSE AGREEMENT
THIS AGREEMENT made this _ day of_, 2018 between theCity of Jersey City, a municipal corporation of the State of New Jersey (hereinafter referredto as "City" or Licensor") and WSP (hereinafter referred to as "Licensee"), whose address
is 2 Gateway Center, 10 Floor, Newark, NJ.
By this Agreement the City grants permission to the Licensee to enter onto propertyowned by the City which is located 575 Route 440, Jersey City, NJ at Block 21901, Lot 9(hereinafter referred to as the "Premises"). New Jersey Transit (NJT) will be constructingthe HBLR Route 440 Extension (Project), a portion of which abuts the Premises. Licenseehas been hired by NJT to perform certain geotechnical and environmental borings on the
Premises in support of the Project. Licensee requests the City's permission to enter onto
the the Premises and drill a test boring in order to develop plans for the Project. Licenseeis permitted to enter the Premises for the purposes described in this Agreement and subjectto the terms and conditions of this Agreement which are set forth below.
1. The term of this License is for a period of twelve (12) months effective as of thedate this Agreement is fully executed by the Licensor (Effective Date).
2. The Licensee shall be permitted to enter on the Premises in order to conduct
geotechnical and environmental borings as part of the mvestigation in connection
with the Project.
3. Use of the Premises for activities other than those described herein is strictly
prohibited without the advance written consent of Licensor.
4. The permission hereby granted for use of the Premises may be revoked at any time
by the Licensor with or without cause by the City's Manager of Real Estate givingfive (5) days written notice to the Licensee. Revocation shall not relieve theLicensee of any liabilities or obligations which stem from its use of the Premiseswhich occurred on or prior to the date of revocation.
5. Any damage to property owned by or under the jurisdiction of the City resultingfrom or in any way arising out of the use of the Premises by the Licensee will berepaired by the Licensee at its own cost and expense. Iffhe Licensee fails to make
such repairs within a reasonable time after being requested to do so, the City shallhave the right to make such repairs and the Licensee agrees to reimburse the City
for all costs and expenses thereof.
6. The Licensee agrees to assume any and all risk of loss or damage of any kind
whatsoever to property or injury to or death mcluding wrongful death of personsarising out of the Licensee's use of the Premises. The Licensee further agrees to
indemnify and hold harmless the City, its officers, directors, employees or agentsfrom and against any and all claims, suits and demands based upon any of the risks
so assumed, whether Just or unjust, fraudulent or not, and for all costs and expensesincurred by them in the defense, settlement or satisfaction of any such claims,including attorney's fees and costs of suit. If so directed, the Licensee shall, at no
cost or expense to the City, defend against such claims, in which event the Licensee
shall not, without obtaining express permission in advance from the CorporationCounsel of the City, raise any defense involving m any way the immunity of theCity, or the provisions of any statutes respecting suits against the City. TheLicensee's liability under this License Agreement shall continue after the
termination of it with respect to any liability, loss, expense or damage resulting
&om acts occurring prior to termination.
7. Nothing herein contained shall be understood or construed to create or grant any
third party benefits, rights or property interest unless the person claiming suchrights is identified herein and the rights claimed are expressly set forth herein.
8. The permission to use the Premises is not mtended to grant permission to use
unoccupied property not under the jurisdiction of the City, nor is it mtended torelieve the Licensee from its responsibility to procure and maintain in effect allother requisite permissions and approvals.
9. The entire agreement between the Licensor and Licensee Is contamed herein and no
modifications hereof shall be effective unless in writing, signed by the party to becharged therewith.
10. City officials, officers, directors, employees or agents shall not be charged
personally with any liability under any term or provision of this License Agreementor because of its execution or attempted execution or because of any breach or
alleged breach thereof.
11. The Licensee's use of the Premises shall keep all improved and open public streets
free and clear of obstructions and shall not interfere with their use.
12. The City shall not be responsible for any loss or theft sustained by the Licenseedurmg its use of the Premises.
13. The City shall be named as an additional insured under Licensee's general and auto
liability policies. All accidents or injuries to person, or any damages to property,occurring as a result of or in connection with the Licensee's use of the Premises
shall be reported immediately to the City of Jersey City, Division of RiskManagement and the Office of Real Estate as authorized representatives of the
Licensor together with all information required by the Licensor on prescribedforms to be provided by the Licensor.
The Licensee shall maintain sufficient insurance to protect against all claims under
Workmen's Compensation, General Liability, Automobile Liability and
Professional Liability and shall be subject to approval for adequacy ofprotectin.Insurance requirements are as follows:
a) Comprehensive General Liability in the amount of $1,000,000 per occurrenceand $2,000,000 in the aggregate, including Products & Completed Operationscoverage.
b) Worker's Compensation with NJ statutory limits and Employer's Liability mthe amount of $1,000,000.
c) Automobile Liability in the amount of $1,000,000 combined single limit.d) Professional Liability in the amount of $2,000,000 per occurrence and in the
aggregate.e) Errors and Omissions Liability in the amount of $2,000,000 per occurrence and
in the aggregate.
Certificate of Insurance (COI), listing the City of Jersey City as the certificateholder shall be provided. The COI shall name the City as an additional insured.
14. The Licensee's use of the Premises shall be in accordance with all applicable
federal, state, county, and City laws and regulations including but not limited tohealth ordinances and regulations of the City of Jersey City which are applicable tothe intended use of the Premises by the Licensee.
15. All equipment installed or used by the Licensee in connection with its use of thePremises shall be deemed to be the property of the Licensee and shall be removedby it at the termination of this Agreement, or not later than two (2) weeks thereafter.Licensee shall be responsible for repairing any damage to the Premises caused bysuch removal. In the event that the same is not removed, the same shall be deemed
abandoned and the Licensor shall have the right to dispose of the same and chargethe Licensee for any cost of disposing thereof, as well as the cost of repairing any
damage resulting from such removal.
16. The Licensee shall provide In writing to the Licensor the name of one (1)authorized representative of the Licensee who shall be responsible for adherence to
the terms and conditions of the Agreement before, during and after the effective
date of this Agreement. No other persons are to speak or act for the Licensee.
17. All Notices between the parties hereto shall be addressed and delivered to thefollowing:
Licensor: Aim Marie Miller, Manager
Office of Real EstateCity Hall280 Grove StreetJersey City, NJ 07302Telephone No. (201) 547-5234
With a copy to
Peter Baker, Corporation Counsel
Law DepartmentCity Hall280 Grove StreetJersey City, NJ 07302
Licensee:
18. This Agreement, when properly executed, shall be binding upon and inure to the
benefit of the parties hereto and the contractors or agents of Licensee. TheLicensee shall not assign this Agreement, or any part thereof, or occupy the
Premises for any other reason or reasons than herein stipulated in this Agreement,
under penalty of damages.
19. All of the above terms and conditions shall be binding on the Licensee, Licensor
and all other parties connected with the event for which the Premises are herein
licensed. Any and all violations of the terms and conditions of this Agreementshall be considered just cause for immediate termination and cancellation of theAgreement.
20. Unless extended or terminated earlier, this Agreement shall terminate twelve (12)months from the Effective Date.
Please mdicate the Licensee's acceptance of the foregoing by signing and dating theduplicate origmals hereof.
AGREED to this _ day of_, 2018
WSP CITY OF JERSEY CITY
(Licensee) (Licensor)
By: _ By: Brian PlattBusiness Administrator
Attest: Attest:
JM5-2-18
Robert BymeCity Clerk
CltyCterk File No..
Agenda No. ___._''
Approved:.
TITLE;
Res. 18-493
10.U
RESOLUTION ACCEPTING GRANT FUNDS FROM THE 2018 ARBOR DAYTREE GRANT FROM THE NEW JERSEY SPORTS AND EXPOSITIONAUTHORITY
COUNCILOf the following resolution:
offered and moved adoption
WHEREAS, the New Jersey Sports and Exposition Authority (NJSEA) has authorized a grantfor Arbor Day to the City of Jersey City ( City ); and
WHEREAS, It is the intent and the spirit of this grant to raise awareness of trees and theimportant role they play in our environment; and
WHEREAS, the City desires to accept these funds for the purpose of planting trees, providingshade for residents, creating an ecosystem to provide habitat and food for birds and other animals
; and
WHEREAS, a resolution accepting the funds in the amount of $1,000.00 fi-om the 2018 ArborDay Tree grant will memorialize the commitment of the City to purchase various trees and is
the City Council's consent to the efforts undertaken by the City and the requirements outlined bythe NJSEA; and
WHEREAS, fhe City desires to accept the grant as a gift and is authorized to accept giftspursuant to N.J.S.A 40A:5-29.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of tfae City of JerseyCity that:
1) The City of Jersey City hereby accepts the funds of $1,000.00 from the New JerseySports and Exposition Authority ( NJSEA) for the 2018 Arbor Day Tree grant; and
2) The Office of Management and Budget is hereby authorized to establish the properaccount for these funds.
PGS/Ma's
APPROVED;.
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required a
Not RequiredAPPROVED ^?-0
COUNCILPERSONR!DLEY
PRINZ-AREY
BOGGIANO
RECO RD OF COUNCIL VOTE ON FINAL PASSAGE 5.23AYE
^L:z2:
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
z:~7"~7~
NAY N,V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
18AYE
z-~7~~7~
NAY N.V.
/ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
R^laarfS R. Lavarro, Jr.7president of Council Robert Byrne, City/CleiKit//Cv
RESOLUTION FACT SHEET - CONTRACT AWARDThis 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,
Pull Title of Ordinance/Resolution
RESOLUTION ACCEPTING GRANT FUNDS FROM THE 2018 ARBOR DAY TREEGRANT FROM THE NEW JERSEY SPORTS AND EXPOSITION AUTHORITY
Project Manager
DepartmenVDivisionName/TitlePhone/email
DPWPatrick Stamato
201-547-4400551-697-4576
Public Works
Director
pstamato(rt!jcni. ors,
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)Contract Purpose
^r- The New Jersey Sports and Exposition Authority (NJSEA) has authorized a grant for Arbor Day to theCity of Jersey City.
4- It is the intent and the spu-it of fhis grant to raise awareness of trees and the important role they play in
our envu-onment.
4- The City desires to accept these funds for the purpose of planting trees, providing shade for residents,
creatmg an ecosystem to provide habitat and food for birds and other animals.4- A resolution accepting the funds in the amount of $1,000.00 from the 2018 Arbor Day Tree grant will
memorialize the commitment of the City to purchase various trees and is the City Council s consent to
the efforts undertaken by the City and the requirements outlined by the NJSEA.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
Type of award Grant Resolution
If "Other Exception", enter typeAdditional Information
certify tJ^^IJ^^ajrf^/presen^d herein are accurate.
Signature of%epartment Director
Signature of Purchasing Director Date
We Bring the World to New Jersey
April 23,2018r
!i i';
?a z b ^isHon. SteVen FutopCity of Jersey Ciity280 Grove StreetJersey City, N-J 073,02
Re: NJSEA 2018 Arbor Day Tree Grant
Dear Mayor Pulop,,
I am pleased to announce that the New Jersey Sports & Exposition Authority has aafhorizfed an Arbor
Day Tree Grant in the amount up to $1»000 for the purchase pf trees for your municipality. This gi-ant canbes used for any variety ofti'ee(s) of your choice.
Arbor Day planfings are a great way to raise awareness of trees and the important role that they play inour environment, from providing shade for residetits and adding to your town's aesthetics to creating an
ecosystem to.providi? habitat and food for birds arid other anhnals. W^e encourage plaritmg native trees
such as Red Maple, Red Oak, Flowering Dogwood, Redbuci and Serviceberry. Should you need anyass^tance tegardmg the. planttngs and type of trees feel free to contact Gaby Beianett Meany, Senior
Program Specialist st 201 -460-4640 :or email gbennett-meany@njsea,GOtn.
Purchases should tie made within 60 days of receipt of this l&tter. Payment of this grant: will be furnishedon ,a reimbursable basiis. Please submit yo:ur invoice aTong with proof of paymenf gnd yourreimbursement will be pi'ocessed. You can send tins mfohnatipn to NJSEA, 1 DeK.drte Par.k Plaza,
Lyndhurst, HI O70'?l (Att: Paula Speers, Financial Operations .and Confracts Manager), or via emailpspsejrs^njsea.cojn.
The.NJSEA is pleased to assist your municipality. Should you have any questions^ please feel free to
contact me
Sincerely,
Vincent PrietoPresident/CEO
ec: Marcos Vigil, Deputy Mayor
One DcKortc Parlc Ptara - P.O. Box 640 • Lyndlmrst • New Jersey 97071
City Clerk File No.,
Agenda No.
Res. 18-494
10, V
Approved:.
TITLE:RESOLUTION OF THE MUNICIPAL COUNCIL OF THE C\T\ OFJERSEY Cmr AUTHORIZING THE ACCEPTANCE OF THEGRANT AWARD FOR THE FY2018 RECREATIONALOPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES (R01D)PROGRAIVI
COUNCIL AS A WHOLEFOLLOWING RESOLUTION:
OFFERED AND MOVED ADOPTION THE
WHEREAS, the City of Jersey City (City) is desirous of accepting the grant award,attached hereto as Exhibit A, from the New Jersey Department of Community AffairsUnder the FY2018 Recreational Opportunities for Individuals with Disabilities (R01D)Grant Program which provides recreation and leisure services for individuals withdisabilities En the City of Jersey City; and
WHEREAS, the City further recognizes that it is incumbent upon not only publicofficials, but upon the Department of Recreation to provide these services to peoplewith disabilities in .our community by offering the ROID Grant Program; and
WHEREAS, this approved grant of $10,000.00 from the New Jersey Department ofCommunity Affairs requires the City to provide a mandatory 20% monetarycontribution in the amount of $2,000.00, available in the Matching Funds from theCity's Grants account; and
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City ofJersey City that:
1. The Mayor and/or Business Administrator is authorized to accept the grantaward forthe City of Jersey City Department of Recreation R01D Program for calendaryear 2018-2019 in the amount $10,000.00.
2. The City of Jersey City shall provide matching funds in the amount of $2,000.00for this program.
3. The Office of Management and Budget is authorized to establish an accountin the amount of $12,000.00 for the Department of Recreation 2018 ROID Grant.
4. The Mayor and/or Business Administrator acknowledge the terms andconditions for administering the ROiD Grant, including the administrative compiianceand audit.
RECORD OF COUNCIL VOTE ON FINAL PASSAGE _5.23.18COUNOLPERSON
RIDLEYPRINZ-AREY
BOGG1ANO/ Indicates Vote
AYE
z:~n7~
NAY N.V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~7_ZI~7
NAY N,V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
AYE~Zizz)/
NAY N.V,
N,V.-Not Voting (Abstain;
Adopted atame^ing^ftheMunicipalCounciloftheCity of Jersey City.N,J.
RESOLUTION FACT SHEET ~ NON_CON'IBA_CTUALThis 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.
Full Title of Ordmance/Resolution
RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CH[YAUTHORIZING THE ACCEPTANCE OF THE GRANT AWARD FOR THE FY2018RECREATIONAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES (ROID)PROGRAM
InitiatorDepartmMit/DivisionName/TitlePhone/email
Department of Recreation
Arthur Williams
(201) 547-4537Director
ajwiliiams@jcQJ .org
Note; Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
» The New Jersey Department of Community Affairs provides recreation and leisure services forindividuals with disabilities under the grant program; Recreational Opportunities for Individualswith Disabilities (ROID)
® The City of Jersey City received a grant in the amount of $10,000.00
» The City has committed $2000.00 in matching funds from the City's grants account
I certify that all the facts presented herein are accurate.
?tntc of ^efcu JerseyDEPARTMENT OF COMMUNITY AFFAIRS
101 S<nn'u SRUApSTntETPO flw; 806
TIWMON.NJ 08625-0806 LT. GOVERNOH SllKIL\ Y. OLIVERCommissioner
larch6,2018
/ia Email: ewahter^icni.orp]
he Honorable Steven Fulop
/layor/Jersey City
SO Grove Street
srsey City, NJ 07302-3610
ear Mayor Fuiop:
n behalf of governor Philip D. Murphy and the New Jersey Department of Community Affairs, I am pleased to inform you that
rsey City will receive a Rec Opps For Individuals with Disabilities grant of $10/000. This award will provide funds for inclusive
'creational opportunities for youth with disabilities in Jersey City to learn and play the game of golf.
•ovision of such financial assistance is subject to appropriate execution of a grant/loan agreement with the Department and
)mpliance by Jersey City with the terms, conditions and requirements set forth therein. Expenditures incurred prior to receipt of
ie executed grant agreement are incurred solely at the risk of the grant recipient should funding not be available to support this
vard. If you have any questions regarding this funding, please do not hesitate to contact the Department of Community Affairs'
fvjsion of Housing and Community Resources at (609) 292-5855.
A/ould like to extend my best wishes for this most worthwhile project and its successful completion.
nce rely,
leilaY. Oliver
f. Governor
City Clerk Fl!e No.
Agenda No.
Approved:.
TITLE:
Res. 18-495
10.W
RESOLUTION AUTHORIZING THE CITY OF JERSEY C1T\ TOAPPLY FOR FUNDS FROM THE U.S DEPARTMENT OF JUSTICE,
BULLETPROOF VEST PARTNERSHIP PROGARM (FY 2018) TO PURCHASE BODYARMOR FOR THE JERSEY CITY POLICE DEPARTMENT
COUNCILthe following resolution
Offered and moved adoption of
WHEREAS, the nature of police work creates a danger to the members of the Jersey City PoliceDepartment; and
WHEREAS, the U.S. Department of Justice has recognized this danger; and
WHEREAS, the U.S. Department of Justice, through the Bulletproof Vest Parfaiership Programwill reimburse 50 percent of the total cost of each vest- purchased by the City of Jersey City; theNew Jersey Body Armor Replacement Fund wlU cover the cost of the other 50 percent; and
WHEREAS, the total award for the Bulletproof Vest Partnership will be determined after thereview of our application; and .
'WHEREAS, riie City of Jersey City wishes to apply for these funds distributed through theBulletproof Vest Partnership Program to protect its Police Officers; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey Citythat:
1. The Jersey City Police Department is hereby authorized to apply for funds distributed bytheU.S. Departmentof Justice through the Bulletproof Vest Partnership Program; and
2. These funds will be used to provide body armor for sworn members of the Jersey City
Police Department.
APPROVED; r~^
APPROVED; ml.Business Administrator
APPROVED AS TO LEGAL FORM
Corporation Counsel
Certification Required D
Not Required DAPPROVED ^-0
COUNC1LPERSONRIDLEYPRINZ-AREY
BOGGiANO
AYE
z:T7~7~
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5 .23NAY N,V. COUNCILPERSON
YUNSOLOMON
ROBINSON
AYE
/./^
NAY N,V. COUNC1LPERSONRIVERAWATTERMAN
LAVARRO,PRES,
^
18AYE
^v</
NAY N.V.
,V,-Not Voting (Abstain]
Adopted ata mgsting_ofthe Municipal Council of the City of Jersey City N.J.
I//anddfR. Lavarro, Jr., President of Council Robert Byme, Citycierk
RESOLUTION FACT SHEET - CONTRACT AWARDThis 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.
Full Title of Ordinance/Resolution
RESOLUTION AUTHORIZmG THE CITY OF JERSEY CITY TO APPLY FOR FTOEDS FROM THEU.S. DEPARTMENT OF JUSTICE, BULLETPTROOF VEST PARTNERSHIP PROGRAM (FY 2018)
TO PURCHASE BODY ARMOR FOR THE JERSEY CITY POLICE DEPARTMENT
The Bureau of Justice Assistance (BJA) is pleased to announce the Fiscal Year 2018 BVP application jEmdmgperiod.
Applications for FY 2018 BVP funds will be accepted beginning Thursday, April 12, 2018. All applicationsmust be submitted online at http;//www,ojp.usdoj.gov/bvpbasi/ by 6:00 pin (e.d.t), Tuesday, May 29,2018.
Important Information Regarding FY 2018 BVP Funds:
1. Jurisdictions receiving funding for reimbursement of body armor purchases must have a written mandatorywear policy for uniformed patrol officers in place when the FY 2018 BVP applications are submitted. Please seetlie BVP mandatory FAQs for further guidance on- this requirement:http://www.ojp.usdoj.gov/bvpbasi/docs/FAQsB VPMandatoryWearPoIicy.pdf.
2. Uniquely Fitted Armor Vest Requirement; The BVP Reauthorization Act of 2015 mcluded a provision thatstates that BJA may give preferential consideration to BVP recipients that provide annor vests to lawenforcement officers that are uniquely fitted for such officers, including vests uniquely fitted to individualfemale law enforcement officers. This provision is applicable to FY 17 BVP awards moving forward. Please seetheBVP Reauthorization Act of2015 amendment for reference:hUps;//www.congress.gov/l 14/plaws/publ \ 55/PLAW-1 l4publ 155 /pdf.
In the BVP Program, "uniquely fitted vests" means protective (ballistic or stab-resistant) armor vests that
conform to the individual wearer to provide the best possible fit and coverage, th-ough a combination of; I)correctiy-sized panels and camei\ determined tltfougli appropriate measyrement, and 2) properly adjustedstraps, harnesses, fasteners, flaps, or other adjustable features. The requirement that body armor be "uniquelyfitted" does not necessarily require body armor that is individually manufactured based on the measurements ofan individual wearer. In support of the Office of Justice Programs' efforts to improve officer safety, theAmerican Society for Testing and Materials (ASTM) International has made available the Standard Practice forBody Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) available at no cost.The Personal Armor Fit Assessment checklist, is excerpted from ASTM E3003.
In addition, a certification section has been added to the 2018 application (in the BVP system) statmg thejurisdictions and law enforcement agency are aware of and will comply with this fitted vest requirement.
3* Each. vest purchased with FY 2018 funds must meet National Institute of Justice (NIJ) standards on the date itwas ordered and must be Americaa-made, Please see this website for the latest MJ compliant vests:
RESOLUTION AUTHORIZmG THE CLOSING OP A MUNICIPAL STREElDWIGHT STREET FROM VAN CLEEF STREET TO OCEAN AVENUEBEGINNING 10:00 A.M. AND ENDING 9:00 P.M., SATURDAY, MAY 26, 2018FOR THE PURPOSE OF THE MEMORIAL SERVICE & COMMXINTTY EVENTFOR SALLY DAISE
WHEREAS, the Division of Engineering, Traffic and Transportation has received an application from ErnestClark/Lakeya Daise to close Dwight Street from Van Cleef Street to Ocean Avenue beginning 10:00 a.m. and euding 9:00p.m. on Saturday, May 26, 2018 for fee purpose of the Memorial service & community eveut for Sally Daise; and
WHEREAS, in accordance with the provisions of Section 296-71, 296-72, and Chapter 122, Section 122-8 astreet may be temporarily closed for a block party or any recreational event to be conducted within an area not exceedingone city block under certain conditions;
WHEREAS, when one or more of the required conditions for a street closing are not met, m accordance withSections 296-74 (B) the Municipal Engineer may recommend to the City Council that one or more of the requirements ofSections 296-71, 296-72, 296-73 and Chapter 122, Section 122-2 be waived; and
WHEREAS, the request to close Dwight Street does not meet the requirements set forth in Section 296-71 as theevent is being sponsored by a non-resident; and
"WHEREAS, the closuig of the aforementioned street will not affect public safety or convenience, and inaccordance with the provision of Section 296-74 (B) the applicant has made a request to the City Council that theaforementioned requirements set forth in Section 296-71 be waived.
NOW THEREFORE IS IT RESOLVED, that the Municipal Council via adoption of this resolution authorizesthe closing of Dwight Street from Van Cleef Street to Ocean Avenue beguming 10:00 a.m. and ending 9:00 p.m. onSaturday, May 26, 2018
APPROVED: ^/ ^f^C^Director of Traffic & Transportation
APPROVED;
APPROVED:
AV: pcl(05.11.18)
-^i^<I^tiicipai engineer"
iul-APPROVED AS TO LEGAL FORM
Business Administrator ^ Corporation Counsel
Certification Required Q
Not Required a
COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE
z.zz7"
APPROVEDRECORD OF COUNCIL VOTE ON FINAL PASSAGE 5 . 2.t
NAY N.V. COUNCILPERSONYUNSOLOMON
ROBINSON
AYE
~z_"7"
~r
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
9-0
ISAYE
z:~r.~7~
NAY N.V.
/ Indicates Vote
Adopted at a meeting %f the Municipal Council of the City of Jersey City NJ.
N,V.-Nof Voting (Abstain)
Lauarro, Jr., President of Council
RESOLUTION FACT SHEET - NON-GONTRACTUALThis summary sheet is to be attached to the front of any ordmaace that is submitted for Council consideration.
Incomplete or vague fact sheets will be returned with the resolution.
Full Title of Resolution
RESOLUTION AUTHORIZING THE CLOSING OF A MUNICIPAL STREET DWIGHT STREET FROMVAN CLEEF STREET TO OCEAN AVENUE BEGINNING 10:00 A.M. AND ENDING 9:00 P.M.,SATURDAY, MAY 26, 2018 FOR THE PURPOSE OF THE MEMORIAL SERVICE & COMMUNTTY EVENTFOR SALLY DAISE
Inifiator
Department/Division
Name/Title
Phone/email
Administration
Andrew Vischio, P.E. at fhe request of ErnestClark/Lakeya Daise4S2 Ocean AvenueJCNJ201.852.7887
201.547.4419
Engineering, Traffic and Transportation
Director of Traffic &, Transportation
AVischio@j cnj .org
Note: Initiator must be available by phone durmg agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
AUTHORIZING THE CLOSING OF DWIGHT STREET FROM VAN CLEEF STREET TO OCEAN AVENUEBEGINNDSTG 10:00 A.M, AND ENDING 9:00 P.M., SATURDAY, MAY 26, 2018
FOR THE PURPOSE OF THE MEMORIAL SERVICE & COMMUNITY EVENT FOR SALLY DAISE
Any costs incurred as a result of the street closmg-will be the responsibility of the Organization hosting the
event.
I certify that all the facts presented herein are accurate.
Direcfer of Traffic & Transportation</A-//^
Date
\i </!(.Department Director Date
BLOCK: Dwight St, Van CIeef St to Ocean Av
BEGINS/ENDS: 1 OAM-9PM Satirday, May 26
TITLE OF EVENT: Memorial service & community event for Sally Daise
JERSEY CITY DEPARTMENT OF PUBLIC WORKS: DIRECTOR'S OFFICE
D Approved D Requiring additiona! form Signature of DPW Director:
D NOT Approved D Additional fee will apply Comments: „„.„.......„......„..„.........................,..,..,„.„„.,„ Date:
JERSEY CITY DIVISION OF RISK MANAGEMENTQ CO! is Approved D Waiver request is Approved Signature of Risk Manager:
D COI is NOT Approved D Waiver request is NOT Approved Comments; ................................................................... Date:
JERSEY CITY DIVISION OF COMMERCE
D Approved Date; ............................. SignatureofDivisionof Commerce Director:
City Clerk File No.
Agenda No.
Approved:,
Res. 18-497
10.Y
MAY 2 3 ?.mTITLE:
^ss^s-RESOLUTION AUTHORIZING THE CLOSING OF A MUMCFPAL STREET,EXCHANGE PLACE BEGINNING 1:00 P.M. AND ENDING 11:00 P.M. FRIDAY,JUNE 1,2018 FOR THE PURPOSE OF RIVERVIEW JAZZ FESTIVAL
WHEREAS, the Division of Engineering, Traffic and Transportation has received an appiication from theExchange Pl Alliance to close Exchange Place beginning 1:00 p.m. and ending ll:00p.m. on Friday, June 1, 2018 for thepurpose of the Riverview Jazz Festival; and
WHEREAS, in accordance with the provisions of Section 296-71, 296-72, and Chapter 122, Section 122-8 astreet may be temporarily closed for a block party or any recreational event to be conducted within an area not exceedingone city block under certain conditions;
WHEREAS, when one or more of the required conditions for a street closing are not met, in accordance withSections 296-74 (B) the Municipal Engineer may recommend to the City Council that one or more of the requirements ofSections 296-71, 296-72, 296-73 and Chapter 122, Section 122-2 be waived; and
WHEREAS, the request to close Exchange Place does not meet the requirements set forth in Section 296-71 (A)at least 2/3 of the area is not residentially zoned and the event is sponsored by a non-resident; and
WBEREAS, the closing of the aforementioned street will not affect public safety or convenience, and inaccordance with the provision of Section 296-74 (B) the applicant has made a request to the City Council that theaforementioned requirements set forth in Section 296-71 be waived,
NOW THEREFORE IS IT RESOLVED, fhat the Municipal Council via adoption of this resolution authorizesthe closing of Exchange Place beginning 1:00 p.m. and ending ll;00p.m. on Friday, June 1,2018.
APPROVED:Director of Traffic & Transportation
'^
APPROVED:
APPROVED:
AV; pcl(05.j5.18)
Ax^ ^yHunfcip^l Engineer-CTBusiness Administrator
APPROVED AS TO LEGAL FORM
Corporation Counsel
Certification Required D
Not Required aAPPROVED ^-0
COUNCILPERSONRIDLEYPR1NZ-AREY
BOGGIANO
AYE
s7"~7
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23NAY N.V, COUNCILPERSON
YUNSOLOMON
ROBINSON
AYE
~z.
///
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,r
.18-
AYE
_/L^ I^
NAY N,V.
,V,-Not Voting (Abstain^
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
-7-R^!ando R. Lavarro, Jr.. President of Council
RESOLUTION FACT SHEET - NON-CONTRACTUALThis summary sheet is to be attached to the front of any ordinance that is submitted for Council consideration.
Incomplete or vague fact sheets will be returned with the resolution.
Full Title of Resolution
RESOLUTION AUTHORIZING THE CLOSING OF A MUNICIPAL STREET EXCHANGE PLACEBEGINNING 1:00 PJVL ANB ENDING 11:00 P.M., FRIDAY, JUNE 1, 201S FOR THE PURPOSE OFRIVERVIEW JAZZ FESTFVAL
InitiatorDepartmenVDivision
Name/Title
Phone/email
Admmistration
Andrew Vischio, P.E. at the request of RachelBrandon on behalf ofthe Exchange Pl Alliance200 Hudson Street
Note: Initiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
AUTHORIZING THE CLOSING OF EXCHANGE PLACE BEGINNING 1:00 P.M. AND ENDmG 11:00 P.M..FRIDAY, JUNE 1,2018
FOR THE PURPOSE OF RWERVIEW JAZZ FESTIVAL
Any costs incurred as a result of the street closing will be the responsibility of the Organization hosting the
event.
I certify that all the facts presented herein are accurate.
Director of Traffic & Tra'nsportation^//^//r
Date
Department Director Date
BLOCK: Exchange Pl
BEGINS/ENDS: 1-11PM Friday, June 1,2018
TITLE OF EVENT: Riverview Jazz Festival
APPLICANTS: Rachel Brandon
ORGANIZATION: Exchange Pl Alliance
ADDRESS: 200 Hudson St, Jersey City NJ 07311
PHONE #: 201-918-4200
BEING WAIVED: Nonresident
^|iliJII|||i^;S:^lp|pi|||l|||||||;||l||| 111^1^^
('AV Q;?:Oy~nV^):
snsr^ n ct oo
o, o^g y,osVi.^0 A -i^n^WKsfSfwfw
Q<0s<Q:
L-0
?30u\
<uQ:<
V}
-J
usuQL
2<03Esl=>
><
t-0
City Clerk File No.
Agenda No.
Approved:.
TITLE;
Res. 18-498
10.Z
MA^ 13 20J8
RESOLUTION AUTHORIZING THE CLOSING OF MUNICIPAL STREETSGROVE STREET FROM MONTGOMERY STREET TO MERCER STREET;MERCER STREET FROM MAIUN BOULEVARD TO GROVE STREET ANDMONTGOMERY STREET FROM MARIN BOULEVARD TO GROVE STREETBEGINNING 8:30 A.M. AND ENDING 11:30 A.M., SUNDAY, JUNE 3, 2018 FORTHE PURPOSE OF THE BIKE JC WARD TOUR
WHEREAS, the Division of Engineering, Traffic and Transportation has received an application from Bike JC toclose Grove Street from Montgomery Street to Mercer Street; Mercer Street from Marin Boulevard to Grove Street andMontgomery Street from Marin Boulevard to Grove Street beginning 8;30 a.m. and ending 11:30 a,m. on Sunday, June 3,2018 for the purpose of the Bike JC Ward Tour; and
WHEREAS, in accordance with the provisions of Section 296-71, 296-72, and Chapter 122, Section 122-8 astreet may be temporarily closed for a block party or any recreational event to be conducted within an area not exceedingone city block under certain conditions;
WHEREAS, when one or more of the required conditions for a street closing are not met, in accordance wifeSections 296-74 (B) the Municipal Engineer may recommend to the City Council that one or more of the requirements ofSections 296-71, 296-72, 296-73 and Chapter 122, Section 122-2 be waived; and
WBEBJEAS, the request to close Grove Street; Mercer Street and M'ontgomery Street does not meet therequirements set forth in Section 296-71 as more than one block at a time will be closed and the event is being sponsoredby a non-resident and Sections 296-72(2) and 122"2(C) (1) as the event will start earlier than the permitted start time of10:00 a.m.; and
WHEREAS, the closing of the aforementioned streets will not affect public safety or convenience, and inaccordance with the provision of Section 296-74 (B) the applicant has made a request to the City Council that theaforementioned requirements set forth in Section 296-71; 296-72 and 122-2 be waived.
NOW THEREFORE IS IT RESOLVED, that the Municipal Council via adoption of this resolution authorizesthe closing of Grove Street from Montgomery Street to Mercer Street; Mercer Street from Marin Boulevard to GroveStreet and Montgomery Street from Marin Boulevard to Grove Street beginning 8:30 a,m. and ending 11:30 a.m. onSuuday,June3,2018
APPROVED:Director of Traffic & Transportatitin
APPROVED:
APPROVED:
AV:pcl(05,11.18)
/t^ ^^A^-- APPROVED AS TO LEGAL FORMMuja^cip^l Engineer
(I |uj.Business Administrator ^"^ Corporation Counsel
Certification Required D
Not Required D
COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE
~z_-/7~7~
APPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE R .?t 1 R
NAY N,V, COUNC1LPERSONYUN
SOLOMON
ROBINSON
AYE
^"y~7~
NAY N.V. COUNC1LPERSONRIVERAWATTERMAN
LAVARRO,PRES.
AYE
_^L-7~
~~z
NAY N.V.
^Indicates Vote
Adopted atajngetipg of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
i-tota^do R. Lavarro, Jr,, President of Council Robert Efyrne, City Cleric
RESOLUTION FACT SHEET - NON-CONTRACTUALThis summary sheet is to be attached to the front of any ordinance that is submitted for Council consideration.
Incomplete or vague fact sheets will be returned with the resolution.
RESOLUTION AUTHORIZING THE CLOSmG OF MTTNICIPAL STREETS GROVE STREET FROMMONTGOMERY STREET TO MERCER STREET; MERCER STREET FROM MARIN BOULEVARD TOGROVE STREET AND MONTGOMERY STREET FROM MARIN BOULEVARD TO GROVE STREETBEGINNING 8:30 A.M. AND ENDING 11:30 A.M., SUNDAY, JUNE 3, 2018 FOR THE PURPOSE OF THEBIKE JC WARD TOUR
Initiator
Department/Division
Name/Title
Phone/email
Admmistration
Andrew Vischio, P.E. at the request of PatrickConlon on behalf of Bike JC28.5 Laidlaw AvenueJCNJ347.331.3982
201.547.4419
Engineering, Traffic and Transportation
Du'ector ofTrafRc & Transportation
[email protected]: Initiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
AUTHORIZD^G THE CLOSING OF GROVE STREET FROM MONTGOMERY STREET TO MERCER STREET;MERCER STREET FROM MARBST BOULEVARD TO GROVE STREET AND MONTGOMERY STREET FROMMARIN BOULEVARD TO GROVE STREET BEGINNING 8:30 A.M. AND ENDING 11:30 A,M., SUNDAY, JUNE3,2018
FOR THE PURPOSE OF THE BIKE JC WARD TOUR
Any costs incuiTed as a result of the street closing will be the responsibility of the Organization hosting the
event.
I certify that all the facts presented herein are accurate.
Director of Traffic & Transportation
;^JZ2r/^Date
^Department Director Date
BLOCKS: Grove St, Montgomery St to Mercer StMercer St, Marin Blvd to Grove St
Montgomery St, Marin Blvd to Grove St
BEGINS/ENDS: 8:30AM-U:30AM Sunday, June 3
TITLE OF EVENT: BikeJC Ward Tour
APPLICANT: Pab-ick Conlon
ORGANIZATION: Bike JC
ADDRESS: 28.5 Laidlaw Av, Jersey City NJ 07306
PHONED 347-331-3982
BEING WAIVED: More than 1 block closed (a), a time, nonresident start time
JERSEY CITY DEPARTMENT OF PUBLIC WORKS: DIRECTOR'S OFFICE •
D Approved- D Requiring additional form Signature of DPW Director:
[_J HOT Approved D Additional fee will apply Comments; ,....„.,.......„.......„.,..„....„...,..........„..„...„„.. .Date;
JERSEY CITY DIYfSlON OF RISK MANAGEMENT
D CO! is Approved • D Waiver request is'Approved SignatureofRiskManager: ....
D COI is NOT'Approved D ' Waiver request is NOT Approved Comments: ............................................................. Date:
JERSEY CITY DIVISION OF COMMERCEDate: ...........„„...;„„........, ' Signature of Division of Commerce Director:D Approv.ed
City Clerk File No.
Agenda No.
Approved:_
Res. 18-499
10.Z.1
TiTLE:
RESOLUTION AUTHORIZING THE CLOSING OF A MUNICIPAL STREET,'MONTGOMERY STREET, WESTBOTMD, FROM HUDSON STREET TOGREENE STREET BEGINNING 10:15 A.M. AND ENDING 3:00 P.M.WEDNESDAY, JUNE 6, 2018 FOR THE PURPOSE OF THE ANHEUSER-BUSCH OFFICE GRAND OPENING
WHEREAS, the Division of Engineering, Traffic and Transportation has received an application from Anlieuser-Busch to close Montgomery Street, westbound, from Hudson Street to Greene Street beginning 10:15 a.m, and ending3:00 p.m, on Wednesday, June 6, 2018 for the purpose of the Anheuser-Busch Office Grand Opening; and
WHEREAS, in accordance with the provisions of Section 296-71, 296-72, and Chapter 122, Section 122-8 astreet may be temporarily closed for a block party or any recreational event to be conducted within an area not exceedingone city block under certain conditions;
WHEREAS, when one or more of the required conditions for a street closing are not met, in accordance withSections 296-74 (B) the Municipal Engineer may recommend to the City Council that one or more of the requirements ofSections 296-71, 296-72, 296-73 and Chapter 122, Section 122-2 be waived; and
WHEREAS, the request to close Montgomery Street does not meet the requirements set forth in Section 296-71(A) at least 2/3 of the area is not resideutially zoned and the event is sponsored by a non-resident; and
WHEREAS, the cSosing of the aforementioned street will not affect public safety or convenience, and inaccordance with the provision of Section 296-74 (B) the applicant has made a request to the City Council that theaforementioned requirements set forth in Section 296-71 be waived.
NOW THEREFORE IS IT RESOLVED, that the Municipal Council via adoption of this resolution authorizesthe closing of Montgomery Street, westbound, from Hudson Street to Greene Street beginning 10:15 a.m. and ending 3:00p.m, on Wednesday, June 6, 2018
APPROVED: ^ (ttLU Oa^ '^c_
Director ofTrafficf^k TranspoVtationi
APPROVED; V^-^^y'-—^^- — f^ [2- APPROVED AS TO LEGAL FORM^/'"Hunicipal Engineer
APPROVED ^-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18
COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE
~z_^,
~7~
NAY N,V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
_^_/
~T
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
AYE
_/_-7-~
~7r
NAY N.V.
/ Indicates Vote
Adopted at ajne^ting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
/ftolaft^o R. Lavarro, Jr., President of Counci!A4
Robert Byme, City C|^l
RESQLUTIQNFACT SHEET - NON-CONTRACTUALThis summary sheet is to be attached to the front of any ordinance that is submitted for Council consideration.
Incomplete or vague fact sheets will be returned with the resolution.
Full Title of Resolution
RESOLUTION AUTHORIZING THE CLOSING OF A MUNICIPAL STREET MONTGOMERY STREET,WESTBOUND, FROM HUDSON STREET TO GREENE STREET BEGmNING 10:15 A.M. AND ENDING3:00 P.M., WEDNESDAY, JUNE 6, 2018 FOR THE PURPOSE OF THE ANHEUSER-BUSCH OFFICEGRAND OPENING
Initiator
Department/Division
Name/Title
Phone/email
Administration
Andrew Vischio, P.E. at the request ofRodrigoCassarino on behalf of Anheuser-Busch
Note: Iniriator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
AUTHORIZING THE CLOSING OF MONTGOMERY STREET, WESTBOUND, FROM HUDSON STREET TOGREENE STREET BEGINNING 10:15 A.M. AND ENDING 3:00 P.M., WEDNESDAY, JUNE 6,2018
FOR THE PURPOSE OF THE ANHEUSER-BUSCH OFFICE GRAND OPENING
Any costs mcurred as a result of the street closing will be the responsibility of the Organization hosting the
event.
I certify that all the facts presented herein arc accurate.
Dir^cjlfor ofTi{a;fiic &^'ransportation£^
Date
Department Director Date
BLOCK: Montgomery St westbound, Hudson St to Greene St
BEGINS/ENDS: 10:15-3PM Wednesday, June 6, 2018
TITLE OF EVENT: Anheuser-Busch Office Grand Opening
"RESOLUTION REJECTING ALL PROPOSALS RECEFVED BYTHE CITY OF JERSEY CITY ON DECEMBER 7, 2017 FOR ACONTRACT TO PROVIDE NETWORKED PUBLICINFORMATION KIOSKS AT LOCATIONS THROUGHOUTJERSEY CITY
OFFERED AND MOVED ADOPTIONCOUNCILOF THE FOLLOWING RESOLUTION:
WHEREAS, the Purchasing Agent acting within his authority and in conformance with theCompetitive Contracting Law, N.J.S.A. 40A:11-4.1 etsefl., publicly advertised for
proposals for a contract to provide the City of Jersey City (City) with networked publicinformation kiosks at various locations throughout the City; and
WHEREAS, on December 7, 2017, the City received two proposals, one from Smart City
Media, LLC and one from Intersection Media, LLC; and
WHEREAS, the City desires to substantially revise the Request for Proposals (RFP) bychanging die contract term from three (3) years to five (5) years, increasing the number of
kiosks to be installed fi'om fifty (50) to seventy-five (75), and providing the contractor witha buyout provision if the contractor does not win the contract when it is rebid in five (5)years; and
WHEREAS, the City's Business Administrator recommends that all proposals be rejectedand the contract be rebid using a revised RFP; and
WHEREAS, NJ.S.A, 40A: 11-13.2(d) authorize the rejection of all proposals when theCity desires to substantially revise the RFP,
NOW THEREFORE, Be It Resolved by the Municipal Council of the City of Jersey Citythat because of the reasons stated above which are incorporated herein, all proposals
received by the City on December 7,2017 for a contract to provide the City withnetworked public infonnation kiosks at various locations throughout the City are rejectedand the Purchasing Agent is authorized to rebid the contract using a revised RPP.
RR5-14-18
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE NAY N,V, COUNCILPERSONYUN
SOLOMONROB! N SON
AYE NAY N.V. COUNCILPERSONR1VERA
WATTERMAN
LAVARRO,PRES.
AYE NAY N.V,
/ Indicates Vote
Adopted at a meeting of the Municipal Council of th<p City of Jersey City N,J,
N.V.-Not Voting (Abstain)
Rolancto R. Lavarro, Jr, President of Council Robert Byrne, City Clerk
RESOLUTION FACT SHEET - NON-CONTRACTUALThis -'jmmary sheet is to be attached to file front of any resolution that is submitted for Council consideration.
Incc- ^lete or vague fact sheets will be returned with the resolution.
F®^ :tle of Ordinance/ResoIution
RESOLUTION REJECTING ALL PROPOSALS RECEIVED BY THE CITY OFJERSEY CITY ON DECEMBER 7, 2017 FOR A CONTRACT TO PROVIDENETWORKED PUBLIC INFORMATION KIOSKS AT LOCATIONS THROUGHOUTJERSEY CITY
•; Initiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Res^iution Purpose
Tnc City publicly advertised for proposals under the Competitive Contracting Law for a contract to provide
the City with networked public information kiosks at various locations throughout the City. The City receivedr\i u proposals, one from Smart City Media, LLC and one from Intersection Media, LLC, the City desh-es to
sub-^Tantially revise the Request for Proposals (RFP) by chaaging tlie contract term. from three (3) years to five
(5 ,} ears, increasing the number of kiosks to be installed from fifty (50) to seventy-five (75), and providingth^ contractor with a buyout provision if the contractor does not win the contract when it is rebid in five (5)
years. Because of these reasons all proposals are being rejected and the contract will be rebid using a revisedRi-'P.
I certify that all the facts presented herein are accurate.
ll1 fc ^ll4Signature of Department Director Date
<v;
City Clerk File No.
Agenda No.
Approved:
TITLE:
RESOLUTION RATIFYING THE AWARD OF A CONTRACT TO THEJERSEY CITY MEDICAL CENTER TO PROVIDE BASIC LIFESUPPORT (BLS) AMBULANCE SERVICES
COUNCIL OFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTION:
WHEREAS, the City of Jersey City (City) has a need to provide Basic Life Support (BLS)ambulance services to residents, commuters. and visitors; and
WHEREAS, the City advertised for bids pursuant to the Competitive Contracting Law, N.J.S.A.
40A:11-4.1, and Resolution 14.715, approved on November 12, 2014, awarded a three (3) year
contract to the Jersey City Medical Center to provide BLS ambulance services effective as of
January 1, 2015; and
WHEREAS, the contract provides the City with options to renew it for two (2) additional one(1) year terms; and
WHEREAS, the City desu'es to exercise its first option and renew the contract for an additional
one (1) year term; and
WHEREAS, tins contract is concession contract and the Jersey City Medical Center provides
BLS ambulance services at no cost to the City.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of JerseyCity that:
1) Pursuant to N.J.S.A, 40A:11-4,1 et seg,, a contract award to the Jersey CityMedical Center to provide BLS ambulance services is ratified;
2) The term of the coatract is one (1) year effective as of January 1, 2018 and thecontract is at no cost to the City;
3) Subject to such modifications as deemed necessary or appropriate by CorporationCounsel, the Mayor or Business Administrator is authorized to execute the
renewal contract attached hereto;
4) Notice of this action shall be published m a newspaper of general cu-culation
within the municipality within ten. days of this award;
Continuation of Resolution
City Clerk File .No.
Agen-da No, _10. Z. 3
Pg.#
Res. 18-501
TITLE; RESOLUTION RATIFYING THE AWARD OF A CONTRACT TO THEJERSEY CITY MEDICAL CENTER TO PROVIDE BASIC LIFESUPPORT (BLS) AMBULANCE SERVICES
5) The resolution authorizing the award of tins contact and fhe contract itself shallbe available for public inspection; and
6) The award of this contract shall be subject to the condition that the Jersey CityMedical Center provides satisfactory evidence of compliance with the AffirmativeAction Amendments to the Law Against Discrimination, N.J.S.A, 10:5-31 et seq.
SWbi5/14/2018
APPROVED;
APPROVED:
APPROVED AS.TQ,LEGAL FORM ^ -,^
IMtBusiness Administrator Corporation Counsel
Certification Required C
Not Required SS.APPROVED ^-Q
COUNCiLPERSQNRIDLEY
PRiNZ-AREY
BOGGIANO
AYE
z:~T,~7~
RECORD OF COUNCIL VOTE ON FINAL PASSAGE _^-??-1ft
NAY N.V, COUNC1LPERSONYUN
SOLOMONROBINSON
AYE
_z_~z_~7
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN .
LAVARRO, PRES,^
AYE
/Jy
NAY
A^M±m/NN.V.
V.-Not Voting (Abstain
Adopted at a Q^eting of the Municipal Council of the City of Jersey City N,J.
La-.'arro, Jr., Prfsident of Council Roberf'Byme, City q^fh
RESOLUTION FACT SHEET - CONTRACT AWARDThis 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.
Full Title of Ordinance/Resolufion
RESOLUTION RATIFYING THE AWARD OF A CONTRACT TO THE JERSEYCITY MEDICAL CENTER TO PROVIDE BASIC LIFE SUPPORT (BLS)AMBULANCE SERVICES
Project Manager
Department/DivisionName/TitlePhone/email
Administration
Brian Platt
547-5147
Busine" .\s~'i inisG-a'--'"'
BPlatt.^icm ^
Note: Project Manager must be available by phone during agenda meeting (Wednesday mor 1c .;;'-jncii meeting® 4:00 p.m.)
Contract Purpose
The City has a need to provide Basic Life Support (BLS) ambulance semces to residents, commuters, and
visitors. The City advertised'for bids pursuant to the Competitive Contractiny La'-^.. N.J.S.A. 40A: 11-4,1, and
Resolution 14,715, approved on November 12, 2014, awarded a 3 year contraa 10 the Jersey City MedicalCenter to provide BLS ambulance services effective as of January 1. 2015. The contract provides the City
with options to renew it for two additional one year terms. The City desires 10 exercise its first option andrenew the contract for an additional one .year term effective January I, 2018. This contract is concession
contract and the Jersey City Medical Center provides BLS ambulance services al no cost to the City.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
No Cost to the City (Concession Contract) One year effective Jan. I, 2018
Type of award Competitive Contracting
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
1^ H*^
Signature of Department Director Date
RENEWAL AGREEMENT TO PROVIDE BASIC LIFE SUPPORT AMBt LANCESERVICES
This Renewal Agreement is made this _ day of _ ,2018 between the City of
Jersey City ("City") and the Jersey City Medical Center ("JCMC" or "Contractor")
WHEREAS, the City of Jersey City (City) has a need to provide Basic Life Support (BLS)
ambulance services to residents, commuters, and visitors; and
WHEREAS, the City advertised for bids pursuant to the Competitive Contracting Law, N.J.SA.
40A:11-4.1, and Resolution 14.715, approved on November 12, 2014, awarded a three (3) year
contract to the Jersey City Medical Center to provide BLS ambulance services effective as of January
1,2015; and
WHEREAS, the contract provided the City with options to renew the contract for two (2) additional
one (1) year terms; and
WHEREAS, the City desires to exercise its first option and renew the contract for an additional one
(1) year term; and
WHEREAS, this contract is concession contract and the Jersey City Medical Center provides BLS
ambulance services at no cost to the City; and
WHEREAS it is necessary to ratify this Renewal Agreement effective as of January 1,2018.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein the parties agree as follows:
1. The contract to provide BLS ambulance services is renewed effective as of January 1, 2018.
2. All other terms, covenants, conditions, rights and liabilities of the parties as set forth in the
1
Agreement dated January 1,2015, which is attached hereto as Exhibit "A" snd incorporated
herein by reference, shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Jersey City by its Mayor or Business Administrator
and the Jersey City Medical Center have executed this Renewal Agreement and affixed their
corporate seals thereto the day, month and year first above written.
ATTEST: CITY OF JERSEY CITY
ROBERT BYRNECity Clerk
BRIAN PLATTBusiness Administrator
ATTEST: JERSEY CITY MEDICAL CENTER
EXHIBIT
AGREEMENT
AGREEMENT made as of this 1st day of January 2015 between the CITY OPJERSEY CITY, a Municipal Corporation of the State of New Jersey, located at 280 GroveSt., Jersey City, New Jersey 07302 ("City") and the JERSEY CITY MEDICAL CENTER,located at 355 Grand St., Jersey City, New Jersey 07302 ("JCMC" or "Contractor").
WHEREAS, the City has a need to provide Basic Life Support EmergencyAmbulance Services ("BLS Services ) to residents, commuters and visitors of Jersey City;and
WHEREAS, NJ.S.A, 40A:ll"4.1(b)(3)(f) au-thorizes the use of competitivecontractiug for the procui&ment of emergency medical services; and
WHEREAS, Resolution No. 13-663 approved on September 25, 2013, authorizedthe City to use the Competitive Contracting Law, N.J.S.A, 40A:ll-4.1 etseq., to award acontract for providing BLS Services in Jersey City; and
WHEREAS, on June 26,20 14 the City publicly advertised a request for proposals,and on July 30, 2014 received proposals fi-om McCabe Ambulance Service, Inc. and fi'om-the Jersey City Medical Center; and
WHEREAS, a committee appointed pursuant to KJ,A.C. 5:34-4.3 reviewed theproposals and prepared a report recommending that the City award the BLS Servicescontract to the JCMC; and
WHEREAS, Resolution 14-715 approved on November 12, 2014 authorized thisAgreement between the City and the Contractor;
NOW) THEREFORE, in consideration, of the mutual promises and covenants setforth, herein, the parties agree as follows:
ARTICLE IPurpose of Agreement
1, The purpose of this Agreement is for Contractor to provide BLS Services to residents,commuters, and visitors of Jersey City,
ARTICLEUScope of Services
2. Contractor shall perform for the City all the services as described iti the City=s Request
for Proposals (RFP) dated June 26, 2014, the Addenda issued by fhe City on July 9,2014 and July 14, 2014 ("Addenda."), and the Contractor-^s Proposal received by theCity on July 30, 2014 ("Contractor's Proposal"), which are attached hereto andincorporated herein by reference ("RFP Contract Documen-tg"), The contract consistsof this Agreement and the KPP Contract Documents, TUs Agreement and the REPContract Documents are intended to complement and supplement each other. In theevent that there is a conflict or discrepancy between the provisions of this Agreementand the KFP Contract Documents, the provisions of this Agreement shall govern overthe provisions of the RFP Contract Documen.ts, and the provisions of the Addenda shall
govern over the RFP, and the R.FP shall govern over the Contractor=s Proposal,
3, The contract term is for three (3) years effective as of January 1, 2015, and the Cityshall have the option to renew the contract for two (2) additional one (1) year terms.
4. The scope of services to be performed shall not be materially different from, or more orless extensive, than those specified above unless such modifications are reduced inwrilmg and signed by authorized representatives of the City and Contractor. Anymodifications which increase the compensation of Contractor shall require the priorauthorization oftlie governing body oftlie City.
ARTICLE fflContractual Relationslii-g
5, In performing the services under this Agreement, Contractor shall operate and have thestatus of an independent contractor and shall not act as an agent or employee of City.As an mdependent contractor. Contractor shall be responsible for determining themeans and methods of performing the services described ill the Scope of Sei-vices.
.ARTICLE IVCompliance
6. Contractor shall perform the services to be fimiished under this Agreement with thedegree of skill and care required as per:
a. The City's RFP dated June 26,2014;
b. The Contractor's proposal received July 30,2014;
c. Local, state or federal laws, regulations or codes, including but not limited to,all Medicare and Medicaid laws and/or regulations concerning transport ofpatients to the Closest Appropriate Facility; snd
d, Reasonable and customary professional practic&s and standards with regard tothe provision of BLS Services and the emergency transport of patients,including, but not limited to:
i. Contractor shall take patients to the Closest Appropriate Facility, asdefined herein, taking into consideration the patient condition, patientpreference and distance to the hospital.
ii. The following definitions shall apply:
1, "Appropriate Facility" shall mean: an institution that isgenerally equipped to provide the needed hospital care for theillness or injury involved, a physician or a physician specialist isavailable to provide the necessary care required to treat thepatient's condition, and a bed is available for the patient. See 42C.F.R. § 410.40(e) and Medicare Benefits Policy Manual, Ch.lO-Ambylance Services § 10,3,6; and
2, "Closest" shall mean; the hospital that is geographically nearestto the location where the ambulance physically picks up apatient as determined by GPS.
iii. The Contractor must utilize the most cmTent regulations, codes,policies, best practices and protocols regarding transporting patientswith special service needs, sucli as trauma, stroke or myocardialinfarction, including, but not limited to, the New Jersey AdmuiistrativeCode and the most current edition of the NJEMS Field Guide, madeavailable by the New Jersey Department of Health and Senior ServiceOffice of Emergency Medical Services,
iv. In the case of sexual assault, transport shall be to the Closest
3
Appropriate Hospital in accordance with the most cuirenf edition of theNew Jersey Attorney General Standards for providing Services toVictims of Sexual Assault. I
i
v. Iftiie patient expresses apreference for a particular hospital, Contractor Imay transport the patient to said hospital even if not the Closest, aspermitted under local, state or federal laws or regulations. I
ARTICLE VReports, Mom'torine and Audit
7. Contractor shall comply witb all reporting requirements set forth in the RFP, Section3.4.2., "Records and Reports". During the term of this Agreement, to the extent
permitted under applicable law, Contractor sliall prepare reports of the followinginformation on a monthly basis; provide such information to the public upon request,and make reasonable and good-faith efforts to provide such information on theContractor's website on a quarterly basis;
a. General pick-up location
b. General diagnosis at scene
c, Drop-off location
d. Payer Source (Medicatd, Medicare, or Other, as reported by the patient, ifavailable). If Payer Source is unavailable, Contractor shall note -the reason for
same.
8. As per RPP, Section 3.4,3, Contractor shall reply to all complaints of service receivedwifhm one (1) week.
9. The City shall have "the right to conduct periodic and/or unscheduled program audits,vehicle inspections, patient care equipment inspections, and fiscal audits as often as itdeems necessary for -the purposes of monitoring the effectiveness of this Agreement.Dming an audit, upon request by the City, Contractor shall identify each transport thatwas not to the Closest Appropriate Facility and tlie reason for such transport, includingobjective documentation supporting the decision not to transport to th.e Closest
Appropriate Facility,
10. The Contractor agrees to cooperate fully with the City in the momtoring of this
Agreement.
11. The provisions of Article V, Section 7, shall take effect on July 1, 2015.
ARTICLE VICompensation and Payment
12. In consideration for the award of this concession, as indicated in Contractor's proposalreceived July 30,2014, the Contractor shall perform, this contract at no cost to the Cityduring the term of this contract and for any term extensiorLS. The Contractor wUl beresponsible for all expenses mcurred in providing BLS Services.
ARTICLE VIIInsurance
13. Contractor shall purchase and maintain the following insurance during the terms of thisContract;
a. Comptehetisive General Liability in fhe minimum amount of $2,000,000 peroccurrence. Insurance certificate must name the City as an additional insured.
K Automobile Liability m the amount of $2,000,000, Insurance certificate mustname the City as an additional insured.
c. Mledical Malpractice-Professional Liability in the minimum amount of$2,000,000 per occurrence.
d. Workmen's' Compensation Insurance m the statutory amount and Employer'sLiability in the minimum amount of $ 1,000,000.
14. Contractor agrees to procure and maintain insurance of the kinds and in the amountsprovided above with insurance companies authorized to do business in the State of
New Jersey, as rated in fhe Best Key Rating Chide for Property and Casualty coveringall operations under this Contract.
15. Before commencing the work, Contractor shall furnish the City certificates of eachinsurance.
16. The insurance policies described in this Article shall be kept in force for the term offhecontract, includmg any extensions thereto.
ARTICLE VmTemiitLation
17. Failure to follow the specifications set forth heiem, as may be amended throughagreement of both parties, may constitute a breach of the contract. Should a disputearise, and if, after a good faitJi effort at resolution, the dispute is not resolved, theContractor may cancel the contract by providing 90 days written notice to the City.The City reserves the right to cancel the contract for cause or for convenience byproviding 90 days written notice to ftie Contractor.
ARTICLE DCArbitration
18. Any disputes or claims arising out of this Agreement or breach thereof shall be decidedupon by a mutually-agreed single arbitrator appointed in accordance with the rules ofthe American Arbitration Association. The Arbitrator shall be bound by the terms ofthis Agreement and shall issue a written opinion explaining tiie reasons for tibis award,
19. A demand for arbitration shall be m writing no later than five (5) days after the writtendecision of the City of Jersey City Business Administrator on any clEum or disputecovered by this Agreement.
ARTICLEJCIndemnity
20, The Contractor sliall indemnify and hold harmless the City, its agents, servants, and/oremployees from and against all claims, damages, losses, and expenses including allreasonable counsel fees incurred by the City for any of the aforesaid claims that mayresult or arise directly or indirectly, from or by reason of the performance of thecontract or from- any act or oniission by the Contractor, its agents, servants, and/oremployees that result m any loss of life or property or ill any hijuty or damage topersons or property.
ARTICLEXI !Entire Agreement
21. This Agreement constitutes the entire agreement between City and Contractor. It |supersedes all prior or confempoiaaeous communications, representations of
agreement, whether oral or written with respect to the subject matter thereof and has Ibeen induced by no representations, statements or agreements other than those herein, jexpressed. No agreement hereafter made between the parties shall be binding on
6 ' ~ I
either party unless reduced to "writing and signed by an authorized officer of the partysought to be boimd thereby.
22. This Agreement shall in all respects be mterpreted and construed and the rights of theparties thereto shall be governed by the laws of the State of New Jersey.
ARTICLE XIIAssignment
23. Contractor shall make no assignment nor transfer this Agreement or assign or transferany part of the work under this Agreement wifLout the written consent of the City.This Agreement shall be binding upon the parties hereto, their heirs, executors, legalrepresentatives and assigns.
ARTICLE XIIINotice
24. All notices or other commitnications given liereunder shall be m -writing and shall bedeemed to be duly given. if delivered to:
Robert J. KakolesldCity Busmess AdministratorCity Hall280 Grove StreetJersey City, NJ 07302
Joseph F. ScottPresident and CEOJersey City Medical Center355 Grand StreetJersey City, NJ 07302
With a copy to;
Jeremy Fan'ellCorporation CounselCity Hall280 Grove Street
Jersey City, NJ 073 02
JohnP.Lacey,Esq.CcmnellFoleyLLP85 Livmgston AvenueRoseland, NT 07068
David A. Mebane, Esq.Senior Vice President and GeneralCounselBarnabas Health95 Old Short Hills roadWest Orange, NJ 07052
ARTICLE XIVCpnmU.ance with Affirmative Action Plan
25. a. If the Agreement exceeds $36,000,00, it shall be subject to the Affirmative Actionamendments to the Law Against Discrimuiation, N.J.S.A. 10:5-31 st seq.
b. This Agreement shall not become effective and Contractor shall provide noservices under this Agreement until it has executed the following documents:
i. A supplemental Affmnative Action Agreement pursuant toN.J.S.A. 10:5-31ets&a.(forcoxitmctswhichexceed$36,000.00). TheAffirmative Action Agreement is attached hereto as Exhibit ?B@ and is
incorporated herein by reference.
ii. An Affirmative Action Employee Information Report (formAA-302) (for contracts which exceed $36,000.00).
ARTICLE XVNew Jersey Business Registration Requirements
26. The Contractor shall provide written notice to its subcontractors of the responsibility tosubmit proof of business registration to fhe Contractor.
Before final payment on the contract is made by the contracting agency, or beforethe end of the contract tenn, the Contractor shall submit an accurate list and tlie proof ofbusiness registration of each subcontractor or supplier used in the fLilfLUment of thecontract, or shall attest fhat no subcontractors were used.
For the term of the contract, the Contractor and each of its affiliates and a subcon-tractor and each of its affiliates FNLJ.SA. 52;32-44(g)(3)) shall collect and- remit to theDirector, New Jersey Division of Taxation, the use tax due pursuant to the Sales and UseTax Act on all sales of tangible personal property delivered into this State, regardless ofwhether the tangible personal property is intended for a contract with a contractmg agency.
A business organization that fails to provide a copy of a business registration asrequired pwsuant to section 1 ofP.L. 2001; c, 134 (C,52;32-44ets^Q.) of subsection e. or f.of section 92 ofP.L. 1977, c. 110(0.5:12-92), or ttiat provides false business registrationinformation under the requirements of either of those sectiorts, shall be liable for a penaltyof $25 for each day of violation, not to exceed $50,000 for each business registration copynot property provided under a contract with a contracting agency.
IN WITNESS WHEREOF, the parties hereto hive caused this Agreement to beexecuted, by their duly authorized officers.
Attest: CITY OF JERSEY CITY
^Robert'Byme.Cj^ Clerk Robert J/lCalccjleski, Business Admuustrator
/
Attest: JERSEY CITY MEDICAL CENTER
10
City Clerk File No.
Agenda No.
Approved:.
TITLE:
RESOLUTION AUTHORIZING THE AWARD OF A COMPETITWELY BIDCONTRACT TO TOOLE DESIGN GROUP, LLC FOR CONSULTINGSERVICES NEEDED FOR THE DEVELOPMENT OF THE JERSEY CITYVISION ZERO ACTION PLAN
COUNCIL AS A WHOLE OFFERED AND MOVED ADOPTION OFTHE FOLLOWING RESOLUTION:
WBEREAS, the City of Jersey City (City) adopted the Vision Zero Initiative with the goal of eliminatmg
traffic fatalities and severe injuries on City roadways by the year 2026;and
WHEREAS, the City of Jersey City (City") requires the services of a consultant to provide professional
planning services for a Vision Zero Action Plan; and
WHEREAS, the City may acquire these services pursuant to the competitive contracting provisions of
N.J.S.A. 40A: 11 -4.1 et sea.; and
WHEREAS, the Municipal Council approved Resolution 18-312 on March 28, 2018, authorizing the use
of competitive contracting for this purpose; and
WHEREAS, a Request for Proposals (RFP) was issued by the City on April 4, 201 8; and
WBEREAS, on May 1, 2018, the City received three proposals in response to the RPP; and
WHEREAS, a committee appointed by the City's Business Administrator pursuant to NJ.A.C. 5:34-4.3
reviewed the proposals and prepared a report attached hereto recommending that the contract be awarded
to Toole Design Group, LLC; and
WHEREAS) the contract term is eight (8) months and Toole Design Group, LLC agrees to provide
professional planning services for a total contract amount of $189,429,00; and
WHEREAS, funds inthe amount of $189,429.00 are avaUable m Capital account no. 04-215-55-116-
990;
Department of Administration - Division ofEngineermg, Traffic &Transportation
Account Number: P.O. Number: Amount:
04-215-55-116-990 j3-°\^'^ Capital Acct. $189,429.00
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey Citythat:
1. Pursuant to NJ.S.A. 40A: 11-4.1 et seq^. a contract is awarded to Toole Design Group, LLC to
provide consulting services to develop the Jersey City Vision Zero Action Plan;
2, The term of the contract is eight (8) months and the total contract amount shaU not exceed the
sum of $189, 429.00;
3. Subj ect to such modifications as deemed necessary or appropriate by Corporation Counsel, the
Mayor or Business Administrator is authorized to execute a contract in substantially the form of
the attached;
Continuation of Resolution
City Clerk File No. Res.18-502
Agenda No.
TITLE:
Pg.#
10.Z.4
RESOLUTION AUTHORIZING THE AWARD OF A COMPETITIVELY BFDCONTRACT TO TOOLE DESIGN GROUP, LLC FOR CONSULTINGSERVICES NEEDED FOR THE DEVELOPMENT OF THE JERSEY CFTYVISION ZERO ACTION PLAN
4. Notice oftNs action shall be published m a newspaper of general circulation within the
municipality within 10 days ofthis award;
5. The resolution authorizing the award of this contract and contract itself shaU be available for
public inspection;
6. The award of this contract shall be subject to the condition that Toole Design Group, LLC providessatisfactory evidence of compliance with the Affirmative Action Amendments to Law againstDiscrimination, N.J.S.A. 10:5-31 et seg^
7. Upon certification by an official or employee of the City authorized to accept the services
pursuant to the contract, that the services have been provided and fhat the requirements of the
contract met, then; payment to the consultant shall be made in accordance with the provisions of
the Local Fiscal Affairs Law, NJ.S.A 40A:5-1 et seq..
Donna Mauer, Chief Financial Officer, certify that there are sufficient funds
ailable in for payment of this above resolution m account as shown below:
Department ofAdmmistration_-_Dmsion of Engineering, Traffic & Transportation
Account Number: P.O. Number: , ..Amount:
04-215-55-116-990 Capital Acct. $189,429.00
JRC/bp5/7/18
APPROVED:
APPROVED:Business Administrator
APPROVED AS TO LEGAL FORM
Corporation Counsel
Certification Required ^S
Not Required DAPPROVED 9-0
w
RECORDOF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRiDLEYPRiNZ.AREY
BOGGIANO
AYE
~T_7L~T_
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
z^~T~7
NAY N.V. COUNCILPERSONRIVERA
WATTERMANLAVARRO, PRES.
AYE
.zy.I/
NAY N,V.
N.V.-Nof Voting (Abstain;
Adopted at a rri^etin^of the Municipal Council of the City of Jersey City N.J.
pt&lan^ R. Lavarro, Jr., President of Coui-ictl
RESOLUTION FACT SHEET - CONTRACT AWARDThis 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.
Full Title ofOrdinancc/Resolufion
RESOLUTION AUTHOMZING THE AWARD OF A COMPETITIVELY BID CONTRACT TOTOOLE DESIGN GROUP, LLC FOR CONSULTING SERVICES NEEDED FOR THEDEVELOPMENT OF THE .JERSEY CITY VISION ZERO ACTION PLAN
Project Manager
D epartment/DivislonName/TitlePhone/email
Administration
Joe Cunha
20I-547-44H
Engineering, Traffic & Transportation
Director
[email protected]: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
The purpose of this resolution is to award a competitively bid contract to the firm Toole Design Group, LLC
to provide consulting services for the development of the Jersey City Vision Zero Action Plan for a totalcontract amount of $189,430. The project will be managed by the Vision Zero Task Force Co-chairs Andrew
Vischio, Director of the Division of Traffic & Transportation, and Barldia R Patel, the City's TransportationPlanner.
Cost (Identify all sources and amounts)
04-215-55-116-990: $189.430.00
Contract term (include all proposed renewals)
Eight (8) months
Type of award Competitive Contract
If "Other Exception", enter type
Additional Information
I ccrtiiy that all the facts presented herein are accurate,
&Signatui/4 of Division Du'ecfor Date
OSJlti/^/B
Signature of Department Director Date
STEVEN M. FULOPMAYOR OF JERSEY CITY
OF ENGmEERING, TRAFFIC & TRANSPORTATION
Municipal Services Complex13-15 Linden Avenue East j Jersey City, NJ 07305
TO: Rolando L^vaKfo, Council President and Municipal Council?KC.
FROM: Jose R. Ciiriid, Director, Division of Engineering, Traffic and Transportation
SUBJECT: Recommendation to Award ContractVision Zero Action PlanJersey City Project No. 18-003-T
Attached for your consideration is a Resolution authorizing award of a contract between the City and
Toole Design Group, LLC for the development of the Jersey City Vision Zero Action Plan. A Requestfor Proposals was issued compliant with the Competitive Contracting statutes (N.J.S.A. 40A:11-4.1 et
seq.) and three (3) bid proposals were received on May 1,2018. The base contract amount is $189,430.00.Funds for this project are available under Account No. 04-215-55-116-990.
Attachments
CC: Andrew Vischio, Traffic & Transportation DivisionBarkha R Patel, HEDC, PlamiingBrian Platt, Innovation OfficePeter Folgado, Purchasing Division
JERSEYCITYNJ.GOV -
STEVEN M. FULOPMAYOR OF JERSEY CITY
DIVISION OF ENGINEERING, TRAFFIC & TRANSPORTATION
Municipal Services Complex13-15 Linden Avenue East | Jersey City, NJ 07305
Vision Zero Action PlanJersey City Project No. 18-003-T
Please find attached Resolution to award a contract to Toole Design Group, LLC as per appointedcommittee's review of three (3) proposals received, for your recommendation.
All necessary documents listed below are also included for your pemsal
• Resolution
• Fact Sheet
• Requisition
• Company's Affirmative Action/EEO documents
• Proposal Evaluation Report
• Adopted Resolution Authorizmg Use of Competitive Contracting
Attachments
CC: Andrew Vischio, Traffic & Transportation DivisionBarkha R Patel, HEDC, Planning DivisionPeter Folgado, Purchasing Division
JERSEYCITYNJ.GOV
STEVEN M. FULOPMAYOR OF JERSEY CITY
DEPARTMENT OF ADMINiSTRATIONOF ENGINEERING, TRAFFIC & TRANSPORTATION
Municipai Services Complex13-15 Linden A\cmic East j Jersey City, NJ 07305
TO: Peter Folgado, Director, Division of Purchasing
FROM: Brian D. Platt, Business Admmistrator
SUBJECT: Recommendation to Award ContractVision Zero Action PlanJersey City Project No. 18-003-T
Please be advised, after a careful and thorough review of three (3) proposals received by the City of JerseyCity for the above mentioned project, a committee appointed by the City's Business Administratorrecommends that the contract be awarded to:
Toole Design Group, LLC2 Olive Street, Suite 305Boston, MA 02109
Total Contract Amount= $189,430.00
REQ#0183696
ACCOUNT NUMBER04-215-55-116-990
AMOUNT$189,430.00
Should you have any questions or need any additional justifications regarding this contract award, please
do not hesitate to call the Engineering, Traffic and Transportation office at x6986 or the Planning Officeatx5021.
Attachments
CC: Andrew Vischio, Traffic & Transportation DivisionBarkha R Patel, HEDC, Planning DivisionRaquel Tosado, Contract Manager
Dawn Odom, Supv. Adm. Analyst
JERSEYCITYNJ.GOV
Executive Summary
The City issued a Request for Proposals (RFP) on April 4, 2018 to solicit proposals for the development of a Vision ZeroAction Plan. On May I/ 2018, the City received three proposals in response to its RFP. The total scores and ranks of the
proposals appearbelow;
TOTAL SCORES & RANKSJose RCunha
Barkha R Patel
Andrew Vischio
TotalAveraged Total (out of 100)Rank
FITZGERftlDk&HALUDAV^INC.
758079
15578
3
TOOLE DESIjGM:y,
GROUP; LLG^: ; :9695
9419195
1
SAM:SCHWARTZCONSULTINGiLLC
798986
16885
2
A Consultant Selection Committee, appointed by the City's Business Administrator, evaluated the proposals according to
criteria established in the RFP.
The proposal submitted byToole Design Group, LLC (with subconsultant Mercer Planning Associates) was ranked highestby the greatest number of evaluators. The cost of the proposal Wilt be $189/430.
In accordance with the statutes for competitive contracting (NJ.S.A. 40A:11 -4.1 et sea), itis recommended that a
contract be awarded to Toole Design Group to provide consulting services to developthe Jersey City Vision Zero Action
Plan.
AGREEMENT
AGREEMENT made this _ day of_, 2018 between the CITY OF JERSEYCITY, a municipal corporation of the State of New Jersey ("City"), City Hall, 280 Grove Street,Jersey City, New Jersey 07302 and TOOLE DESIGN GROUP, LLC ("TDG" or "Contractor"),8484 Georgia Avenue, Suite 800, Silver Spring, Maryland 20910
WHEREAS, the City adopted the Vision Zero Initiative with the goal of eliminatingtraffic fatalities and severe injuries on City roadways by the year 2026;and
WHEREAS, the City requires the services of a contractor to provide professional planningservices for a Vision Zero Action Plan; and
WHEREAS, the City may acquire these services pursuant to the competitive contractingprovisions ofNJJLA^ 40A:11-4.1 et seq.; and
WHEREAS, the Municipal Council approved Resolution 18-312 on March 28, 2018authorizing the use of competitive contracting for this pui*pose; and
WHEREAS, a Request for Proposals (RFP) was issued by the City on April 4, 2018; and
WHEREAS, on May 1,2018, the City received three proposals in response to the RFP; and
WHEREAS, a review committee appointed by the City's Business Administrator pursuantto N.J.A.C. 5:34-4.3 reviewed the proposals and recommended that the contract be awarded to
TDG; and
WHEREAS, Resolution_approved on May 23,2018 authorized this Agreementbetween the City and TDG.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
ARTICLE IPurpose of Agreement
The purpose of this Agreement is for Contractor to provide the City with professionalplanning services for a Vision Zero Action Plan.
ARTICLE IIScope of Services
1, Contractor shall perform for the City all the services as described in the City's RFP(Exhibit "A"), and the Contractor's Proposal (Exhibit "B"), which are attached hereto and
incorporated herein by reference (Contract Documents). The contract consists of this Agreementand the Contract Documents. This Agreement and the Contract Documents are intended to
complement and supplement each other. In the event that there is a conflict or discrepancybetween the provisions of this Agreement and the Contract Documents, the provisions of thisAgreement shall govern over the provisions of the Contract Documents, and the provisions of the
City's RFP shall govern over the provisions of the Contractor's Proposal.
2. The contract term is eight (8) months year commencing on the date that the City issues aNotice to Proceed to the Contractor.
3. The scope of services to be performed shall not be materially different from, or more or lessextensive, than those specified above unless such modifications are reduced in writing and signed
by authorized representatives of the City and Contractor. Any modifications which increase the
compensation of the Contractor shall require the prior authorization of the City.
ARTICLE HIContractual Relationship
1. In performing the services under this agreement. Contractor shall operate and have the
status of an independent contractor and shall not act as an agent or employee of the City. As anindependent contractor, Contractor shall be solely responsible for determining the means andmethods of performing the services described in the Scope of Services.
2. Contractor 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 toassure that all work is correct and appropriate for the purposes intended.
ARTICLE IVCompensation and Payment
In exchange for performmg the services described in Article II herein, the Contractor shallreceive a total contract amount not to exceed $189,429.00, including fees and expenses.
Compensation shall be payable upon submission and verification of monthly invoices to theCity's Division of City Planning. Each invoice shall include a description of all services andmaterials for which the invoice is being submitted. Contractor understands that each invoicemust be submitted to the governing body of the City for approval prior to payment. The
governing body meets on the second and fourth Wednesdays of each month. The processing time
for payment is approximately three (3) weeks.
ARTICLEV 'Insurance
1.1. Insurance
The Contractor shall not commence nor perform services under this Agreement until therequired insurance has been obtained and such insurance has been approved by the City. This
insurance shall be written with an acceptable company authorized to do business in the State ofNew Jersey, shall be taken out before any operations of the Contractor are commenced and shall bekept in effect until all operations shall be satisfactorily completed. "Claims made" insurance
policies do not satisfy the insurance requirements under this Contract.
a. Proof of InsuranceThe Contractor shall furnish the City with insurance certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration ofinsurance policies. The insurance covered by the certificates will not be canceled
or materially altered, and shall include an endorsement to the effect that die
insurance company will give at least thirty (30) days written notice to the City ofany modification or cancellation of any of the policies.
b. Time to Provide Proof of InsuranceThe certificates of insurance containing all provisions as required by the City shallbe provided to the City with the executed contract. Failure to provide proof ofinsurance prior to the execution of the contract will result in forfeiture of the bid
security.
c. Additional Insured StatusThe City, its officers, agents, servants and employees as their interest may appear,
shall be named as an additional insured on said policies insofar as the work andobligations performed under the Contract are concerned.
Types of Required Insurance1. Worker's Compensation Insurance:
The Consultant shall procure and maintain during the life of this Contract, Worker'sCompensation insurance as required by New Jersey law for all employees to be
engaged in work under this Contract and Employer's Liability in the amount of$1,000,000.
2. Consultant's General Liability Insurance and Property Damage Insurance:The Consultant shall procure and maintain during the life of this Contract, Consultant's
General Liability Insurance and Property Damage Insurance in the amount of$1,000,000.00 per occurrence and $2,000,000.00 aggregate with companies and in the
form to be approved by the City. Said insurance shall provide coverage to the
Consultant and the City, its officers, agents, servants, and employees as their interest
may appear. The coverage so provided shall protect against claims for personalinjuries, including accidental death, as well as claims for property damages, which may
arise from any act or omission of the City, the Consultant or by anyone directly or
indirectly employed by them.
3. Automobile Insurance:Liability Insurance to cover each automobile, truck, vehicle or other equipment used in
the performance of the Contract in an amount not less than $ 1,000,000.00 on account of
injury, death or property damage to one person and not less than $1,000,000.00 on
account ofmjury or death of two or more persons.
4. Additional Insured:General and Auto Liability policies must include the City of Jersey City as anAdditional Insured.
ARTICLE VITermination
This Agreement may be terminated by the City pursuant to the provisions set forth inSection 7.5 of the RFP.
ARTICLE VIIIndemnity
The Contractor agrees to indemnify, hold harmless and defend the City, its officers, agents,servants and employees as their interests may appear, from any and all liability including claims,
demands, losses, costs, damages and expenses of every kind and description or damage to personsor property arising out of or in connection with or occurring during the course of this agreementwhere such liability is founded upon or grows out of the negligent acts, errors or omissions of the
Contractor, its officers, employees, agents or subcontractors. The Contractor will after reasonablenotice thereof, defend and pay the expense of defending any suit which may be commenced
against the City, its officers, agents, servants and employees as their interests may appear, by anythird person alleging injury by reason of such carelessness or negligence and will pay anyjudgment which may be obtained against the City, its officers, agents, servants and employees as
their interests may appear in such suit. In defending any suit, the Contractor shall not, without
obtaining express written permission in advance from City's Corporation Counsel, raise any
defense mvolving in any way the immunity of the City or the provisions of any statute respectingsuits against the City. The Contractor acknowledges that any liability accrued to it hereunder isnot limited by and insurance coverage contractor may carry.
ARTICLE VIIIEntire Agreement
1. This Agreement constitutes the entire agreement among the Cities and Contractor. Itsupersedes all prior or contemporaneous communications, representations of agreement, whether
oral or written with respect to the subject matter thereof and has been induced by norepresentations, statements or agreements other than those herein expressed. No agreementhereafter made between the parties shall be binding on either party unless reduced to writing andsigned by an authorized officer of the party sought to be bound thereby. .
2. This agreement shall in all respects be interpreted and construed and the rights of the party
thereto shall be governed by the laws of the State of New Jersey.
ARTICLE IXAssignment
Contractor shall make no assignment nor transfer this Agreement or assign or transfer any
part of the work under this Agreement without the written consent of the Cities. This Agreement
shall be binding upon the parties hereto, their heirs, executors, legal representatives and assigns.
ARTICLE XNotice
All notices or other communications given hereunder shall be in writing and shall be
deemed to be duly given if delivered to:
Brian PlattCity Business AdministratorCity Hall Toole Design Group, LLC280 Grove Street 2 Olive Street, Suite 305Jersey City, NJ 07302 Boston, MA 02109
ARTICLE XICompliance with Affirmative Action Plan
(a) If the Agreement exceeds $40,000.00, it shall be subject to the AffirmativeAction Amendments to the Law Against Discrimination, N.J.SA. 10:5-31 et sec^
(b) This Agreement shall not become effective and Contractor shall provide noservices under this Agreement until it has executed the following documents:
1. A supplemental Affirmative Action Agreement pursuant to N.J.S.A. 10:5-31 et seq.(for contracts which exceed $40,000.00). The Affirmative Action Agreement is attached heretoas Exhibit "C" and is incorporated herein by reference.
2. An Affirmative Action Employee Information Report (form AA-302) (forcontracts which exceed $40,000.00.
ARTICLE XIICity of Jersey City Lobbyist Disclosure Ordinance
This contract was awarded m accordance with the provisions of the City's Disclosure of
Lobbyist Representative Status Ordinance §3-9.1 et seq. adopted on June 12, 2002. As such the
undersigned does hereby attest that Contractor either did not retain the services of a lobbyist tolobby on behalf of the Contractor for the award of this contract, or if a lobbyist was retained by theContractor for such purposes, the Contractor's lobbyist, prior to commencing his/her lobbyingactivities, filed a notice of lobbyist representative status form with the City Clerk. AnyContractor whose lobbyist failed to comply with the provisions of Ordinance §3-9.1 et seq.,
following notice and an opportunity to be heard, shall be disqualified from entering into contractswith the City for a period of two (2) years for each violation.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted by their duly authorized officers.
Attest: City of Jersey City
Robert Byme, City Clerk Brian Platt, Business Administrator
Attest: Toole Design Group, LLC
RR5-15-18
ON FILE WITH PURCHASING AGENT
ON FILE WITH PURCHASING AGENT
CITY OF JERSEY QTY
DEPARTMENT: ADMINISTRATION
PURPOSE: VISION ZERO ACTION PLAN
REQUEST FOR PROPOSALS
DMSJON:ET&TDUE DATE: 0510112018
PROJECT:
RESPONDENT;
Vision Zero ActJQn_Plan
Toole Design Group/ LLC
RESPONDENT'S CHECKLIST
Item
A, Non-Collusion Affidavit properly notarized
B, Public Disclosure Statement^
C. Mandatory Affirmative Action Language (submit with Proposal orafter notification of award but prior to signing a contract)
D, With Proposal or after notification of award but prior to signing a
contract, submit aphoto copy of one of the followmg three documents;
a. A valid letter that the contractor is operating under an existing
Federally approved or sanctioned affirmative action program (good for
ons year from the date of the letter); or
b. Unexpired Certificate of Employee Information Report; or
c. Employee Information Report (Form AA 302) and if first time doingbusiness with Jersey City
E. Americans with Disabilities Act
F, MWBE Questionnaire ^ (with Bid Proposals or within 24 hour of
Bid Opening)
G. Business Registration Certificate
H. Origmal signature^) on all reqyired forms. ^
I. Acknowledgement of Receipt of Addenda*
J, Disclosure of Investment Activities inIranForm
Respondent
Initials
^
^r
^ ^'
w—sp—^r
Purchasing
Review
^Failure to include items marked with an asterisk [*) with the proposal wiU result in automaticrejection of the proposal
36 Toole Design Group
Item A. NON COLLUSION AFFIDAVIT
STATE OF NEW JERSEY CITYOF JERSEY CITY:
I certify that I am JenniferToole/ A1CP, ASLA, President
of the firm of. Toole Design Group, LLC
the bidder making the proposal for the above named project/ and that I executed the saidproposal with full authority so to do; that said bidder has not, directly or indirectly enteredinto any agreement, participated in any collusion, or otherwise taken any action in restraint
offree/ competitive bidding in connection with the above named project; and that allstatements contained in said proposal and in this affidavit are true and correct/ and made
with full knowledge that the City of Jersey City relies upon the truth of the statementscontained in said proposal and in the statements contained in this affidavit in awarding thecontract for the said project
] further warrant that no person or seUing agency has been employed to solicit or secure
such contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee, except bona fide employees or bona fide establishedcommercial or selling agencies maintained by rN.LSA.52; 34-25)
(Signature of respondent]
SUBSCRIBED AND SWORN TOBEFORE ME THIS DAY ZZofApnl .OF2(U8_
(TYPE OR PRINT NAME OF AFFIANT UNDERSigyATURE)H^da^sah ^McPh^.($bn
NOTARY PUBLIC OF ^lor^tgomefL) COO^yMY COMMISSION EXPIRES: 2o7^ptcmbef 8, loZO
[NOTE: THIS FORM MUST BE COMPLETED, NOTARIZED AND RETURNED WITH THISPROPOSAL).
^^ow^t^"<y?l
\t^ /:t?/p'^' A/-^..'^. "r ' s7^-%'' ' "y
Q4 of Jersey City Vision Zero Action Plan 31
Item B. STATEMENT OF OWNERSHIP DISCLOSURE
STATEMRNT 03F QWNRRSHIP nT.SCI .ORTTRF.N.J.SA 52:25-24.2 (P.L. 1977, c.33. as amended by P.L, 2016,0.43)
This statement slwK be comple(ct), certified (0, and uicluded with ftl bid and proposal suNiIssions* Fmlurc tosubmit (he reqimrcd inforinnttou is cause for Hufomntic rejecfton oniie bitl or proposal*
The list betow contains the names and addresses of all stocKhoiders In the corporation whoown 10 percent or more of its stock, of any class, or of all individua! partners in die partnershipwho own a 10 percent or greater interest therein, or of all members in the limited liabilitycompany who own a 10 percent or greater interest therein^ as the case may be. (COtVlPLBTETHE LIST BEIOW IN THIS SECTION)
OR
Mo one stockholder in the corporation owns 10 percent or more of its stock, of any class, or noindividual partner in the partnership owns a 10 percent or greater interest therein, or nomember in th$ limited liability company owns a 10 percent or greater interest therein. as thecase may be, (SKIP TO PART tV)
(Please attach addlEfonat sheets if more spanB ts peerisc^
Name of Individual or Business Bntity
JenniferToole, AICP, ASLA
BomiAdriress^orlndTvWais) or Business Address
8484 Georgia Avenue, Suite 800Silver Spring, MD 20910
City of Jersey City Vision Zero Action Plan 39
rt IH DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THg STOCKHOLDERS, PAFITNERSOR LLC (yiEttflBERS USTED IN PART H
If a bidder has a direct or Indirect parent entity which i& publicty traced, and any person holds a 10percent or greater beneficial Interest in the publicly traded parent entity as of the last annualf&deral Security and Exchange Commission (SEC) or foreign equivalent fttlng, ownership cilsctasurecan be met by providing ItnKs to the website($) containing the last annual fillng(5) with the federatSecurities and Exchange Commission (or foreign equivalent) that contain the name and, address of eachperson holding a 10% or greater beneficial interest h the publicly traded parent entity, atong with therelevant page numbers of the f(ltng[s) that contain the information on each such person. Attachadditional sheets If more space Is needed.
Webslte (URL) contalnlnfl the last annual SEC (or foreign equlvatent) filtns:M/&.
Passes
Ptease list the names and addresses of each stockholder, partner or member owning a 10 percerri orgreater interest in any corresponding corporation, partnership and/or limited ifabiiity company (LLC) fistedin Part It other them for any publicly traded parent entiti&s rfiferenced above. The disciosyre shall becontinued until names .snd addresses of every noncorporale stockholder, and individual partner, andmember exceeding the 10 percent ownership criteria established pursuant to N.J.SA 52:25-24.2 hasbeen listed. Attach additional sheets If more space )s needed.
Stochholder/Partner/Memfaer and^Corresponding Entity Listed In Part it
N/A
Home Address {for (ndtvlduats) or Busm&ss Address
Part IV Certification
\t befng duty sworn upon my oalhi hereby feprssent that the foregoing Infonnafion and any aStachments Ihensto la the best ofmy hncwtedse are true and comptete. I acKnbwtedge; that! am authorized to execute INs bertiftcgtion an b^ialfof thebidder/proposer; that the City of Jersey City i? refylng on the InfonDation coniained herein aRd Ihal I am under a continuingobligafion from Ite (tste of (his ce^Roalton thfough Ih$ Gompl9lk?n of 9ny wn^gcls with the City of Jersey Cityto notify the City of Jersey City In writing of any changes to the infonnatfon contalnsd heretn; that I am aware thai it is acrimfnal offense to make a false statement or mEsrepresentalEon in this certificallon, and ir I do so J am subject lo CFfentnalprosecution under the law and (hat It will constitute a material breach of my sgreennenl(s) with the, pemtiltlng theCity of Jersey City to declare any contracl(s) resulting from thte certiRcalion voki and unenforceabfe.
Full Name (Print): /(enniferTpole/ AtCP/ ASLA THte: President
Tooie Design Group
PB-AAF.l R5/Z6/03Affirmative Action Supplement
AFPRIMATIVE ACTION
Department of the TreasuryDivision of Purchase & PropertyState of New Jersey33 W. State St, 9f:h FloorPO Box 230Trenton, New Jersey 08625-0230
Term Contract - Advertised Bid Proposal
'Ity cirjfcri&y LII? Consulting Sc'j vices;Bid Number ,~',;;;^' ^'1,.^ ^"^~"""'~"" """V i5j d n 2^ ff. \f\ c tie n j'ja^ .
Bidder; jy^ ^gn Group, LLC
-~""~EXHf&mei—- -———._-—„--„„„„.—^MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CCmTftACTS
During the performance of this contract/ ths contractor agreiss as foiiows:
The contractor or subcontTactor, where applirabfe, wili not: discriminate agsinst SPY empluyes.-or appiicanli for empioymentbecause of 3.35, race, creed, color, nstional origin, anc:e?Ery, msritsl status^ sffectionai or sexus! orientation, gender idsntityor eKpression, disabdit.y; nsEionality of sex. Except with respec:!: 1:0 affectiona! or sexuaj onentatfon and gender identity o'rexpression, che contracEar will ensuj'e that equal employment oppoitunitv is affords'J to suc!i applicants in recmitmenfc andemployment, and l.hat empioyes? are treated during employment, Vdthoul regard to their age, race, creed, color nafionglorigin, ancestry, marital status, affectiorial or sexual anentatfon,- gender identity or sxpression, disabiflby, nationaiity a'fsex.Such equa! employmenfc opportunity slia!! includs, but not be ifmlted to the followinci: employment, upgrading, demotion, ortransfer; i-acnjitrn&nfc or recruitmeni: adyeitising; layoff Q]- tefminatlon; ralss af pay or ofchei" rorms of compensation; and£elsction for training, Including apprenticiaahlp. TfiS! coritractor agra&s to pust in coi-tiipicuou& piaces, availsbis to ernplpysesand applicants for employment, notices t'o be provided by the Pubfic Agency Cumptisnce Officer setting forth pmVtsions of thisnondiscnminBtion cbuse.
Tile contractor or subcontTactor, whera apglj'cable wiii, in alj soliCjtatlQnii or advsrtfsenisnts for sfnployeas pla'csd by or onbshaff of rhe contractor, state that 3)1 qualified applicants wiit recisive consideration for sn-ipioyment wfthotR regard te age,race^ creed, color, national Drigil-i, ancestry, msrltal status, 3ff£ctionaf or ses.usi! orienEabon, gender identity or expfBssion,di53bili{:y, nabonatity or sex-
The contractor or subcontractor, whare applicable, will send to each labor union or reprssantatlve or workers w.ith which Itli3s 3 collective bargBining agresmeni: or either mnbfctcl; or understanding, a nofcii^, ba be provided bv ths ggeni^y contractingofficsr advising the labai- union or workei-s' representative of the contractor's commitments under this act snd s-hall postcopies of ths notice in conspicuous places available to employees and 8ppl;cants for employmsnLTha conb'actar ar £ubcontractor, whsre- applicabls, agrees to compiy wth any regul3bi3n& pramulgabsd by tha Ti'easurerpursuant: bo N.J.S.A. 10:5-31 st seq., as amsndsd and supplemsnted From Lime to time and the Amencans with DisabilmesAd.
Ths contractor or subcontractor agrees to make good faith effons to offord equal employment oppDrtuniti"£ to minorlEy andwornsn workers mnsistenl with Goad faith effoils to meet targeted couniv employment goals established !n accordance withNJ.A.C. 17:27-5.2; or Good faith efforts bo msefc targeted county employment goals d&te]'mined by the Division; pursuant toNJAC. 17;27-5.2. ' ' ' I
Tha contractor or aubcontractor sgrs'es- to ihform In writing its appropriate recrultmsnt agsncies indudins, but not limitred to,employment agencies, plscsment bureaus, colleges, univsreities, labor uniorei, that it dass not discriminBte an the bdsis of |age creed, coior nalrional ongin ancsstry marital status, affectionai or sexual orientaUon, gender identity or expresstdn,disability, nafcion&litv or ssx, and that it will discontinue 1'fe use of any recmftment agency i^hich engages in dfrect or indirect Idiscriminafcory practrces. |
The mn!T£ictL]i- or subcQntractor aar&es to revise any of Its testmcj procedures, if nece&saiy; ta assLire that ail parsannel Itesting conforms wllh the principlss of jub-reia&ed testfng, as established by the statutes and court dadstanfi or the State of |Nev; Jersey and as estBblished by appiicsble Federal law and Bpplicable Fedei-31 court di'cisions. |in conforming with i-he tai-geted smployment gosis, the contrsctor or subcontractor agrees to review s!i procedures relsyngto transfer, upgrading, downgrading and Isyorf to ensure that sl! such actions are taken without regard to age, cresd, color, Inational origin, ancsstry, maritdt sLatus afrectiional or sexual orifintstion, gender identity or expression, disability, nationalityor sex, consistent with the statLftss and court decisions of ths Sta(:s of New Jersey, and appiicable Fedsral law and appllcablEFedgral court decisions. |
Tlie confcract.Ql- shall submit to the public agehcVt after notificatiun oF awsrd but prior to execution of a goods and servicedcontract', ane of the fcllrjwlnc) three documents; I
i
Letter of Federal Afffrmstnve Action PSsn Approval
Certificate oF Empioyes InformsEion Kepprt I
Employee Infonmstion Rspoi-t Foi'nn AA302 |
The contractor and iLs sLibmntr'actor's shall furnish such reports Oi' ot!t&r docurnfintfi to thf1 Division of pubEtc. Contracts Equal |Employment Opportunib/ CompHanfce as may be requested by the oFTice from time to t-ims in order to carry out the purposes |of fchess regulations, and public egencies shall furnish such infonnshon 35 may be requested by the Division of PublicContracts Equaf Employment Opportunity Compliance for conductinci 3 compliance invest^atlon pureuant to SubchapterJ<0of the Admini&trative Code ajt_N_J.A,C. 17:27
' NO FIRM MAY BE ISSUED A PURCHASE ORDER OR CONTRACT WFTH THE STATE UNLESS THEY COMPLY WITH THEAFFIRMATIVE ACTION REGULATIONS
£L£ASE_GHEEE.AP-?Q£RIAT£ EiQK^OAE.O.Nm
[_ t HAVE A CURRENT NEW JERSEY AFFIRMATIVE ACTION CERTIFTCATE, (PLEAS!? ftTTACH A COPY TO YOUR PROPOSAL).
i 1 I HAVE A UALID FEDERAL AFFtRMATIVE ACTION PLAN APPROVAL LCTTER, (FLEA5E!ATTACN A. COPY TO YOUR PROPOSAL). |
[+] I HAVE COMPLETED THE ENCLOSED FORM AA302 AFFIRMATIVE ACTION EMPLOYEE INFORMATION REPORT.
PB-AAF,! R5/26/09
State of New JerseyDivision of Public Contracts Equal Employment Opportunity Compliance
EMPLOYEE INFORMATION REPORTIMPORTANT- READ INSTRUCTIONS ON BACK OF FORM CAREFULLY BEFORE COMPLETING FORM. TYPE OR PRINT IN SHARP BALLPOINTPEN, FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM AMD SUBMIT THE REQUIRED $150.00 FEE MAY DELAY ISSUANCE OF YOURCERTIFICATE. DO NOT SUBMIT EEO-1 REPORT FOR SECTION B, ITEM ll,
SECTION A - COMPANY IDENTIFICATION1, FID. NO, OS SOCIAL SECUKTn'
47-4240723
2, WE OF SUSIKGSS
[~] 1. WG_^ [XJ 2. SERVICEJ~j 4~RETAIL
Q 3. WHOLESALEI_j S.OTHiFR
3. TOTAL «0, OF EMPLOYEES W THE ENTIRS COMPAMY.
138
4. COMPANY NAME
Toole Design Group, LLC
5,STREET
S4S4 Georgts Ave ^500
OTY
Silver Spnng
COUMTC
Montomgery
STATE
MD
ZIP CODE
2091D
6. MW OF PARENT OR AFFILIATED COMPAFiY (IF NQME, SO INDICATE)
N/A
cm' STATE ZIP CODS
7. CHECK ONE: IS THE CDMPAHY: [~]5IFJC1.E-E5TABUSHM£KT EMPLOYER [/]MULTI-ESTABUSHI«tENT EMPL&YER.
S, IF MULTl-E^TABUSHMENT EMPLOYER, STATE THE MUM BEft OF ESTABUSHMEMTS IM N3
9. TOTAL NUMBER OF EMPLOYEES AT EStASl-ISHME^T WHICH HAS BEEN AWARDED THE COMTRACT ^ 33
30. PUSUCASEKCy AWARDING CONTRACT CITY couNn? STATE ZIP CODE
Official Use Only DATE RECEIVED IKAUG DATE ASSIGNED CERTIHWIQFI NUMBER
SECTION B - EMPLOYMENT DATA11. Report all permanent, temp&rary and part-time emptoyees OM YOUR OWt^ PftYROLL Enter the appropriate figures on ati iines and (n ali cotumss.Where there are no employess in a particular category, enter a zero. Include ALL smployaes, not Just thoss m m![i<irjty/non-minority categorfes, sn columns1,2, &3- DO NOrsUBS-nr AM EEO-1 REPORT,
nciuded in the figures for the appropriata categortes sbove,
0 0
12. HOW WAS INFORMATION AS TO RACE OR ETHNIC GROUP W SECnOM B OSrw^EO?
HRIS- self report
13. DATES OF PAYROLL PERIOD USEDFROM: 04/07/2018 TO: 04/20/2018
0 u 0
14, IS THIS THE FIRSTEmployee rnf&rmationReport SubfRlHed?
[/] YES Q NO
0 Q s
15. IF NO,DATE LASTREPOM- SUBMm-ED
SECTION C - SIGNATURE AND INDENTJFICATION36. HAMS QF PgRSOM COMPLETtMG FORM (Print orTypa)
Sarnie Lemer
SIGNATWE TTTLE
Director of HR
DATE
04/20/2018
17. ADDRESS NO, & STREET
8484 Georgia Ave #800
CITY
Silver SpnnsCQUNTV
Montgomery
STATE
MDZIP CODE
20910PHONE. AREA CODE, NO.
301-927-1900
I certify that the Information on iiiis fomi is true an corract.
44 Too!e Design Group
(REVISED 4/13)EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGEN.J.S.A. 10;5-31 fit 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 agaiust any employee orapplicant for employment because of age, race; creed, color, national origin, ancestry, maritalstatus, affectional or sexual orientation, gender identity or expression, disability, nalionality orsex. Except with respec); to aBfecrional or sexual orientation and gendsr ideirtjty or expression;Ihe contractor will ensure that equa) eniploynient opportunity is afforded to sucli applicants inrecruitment and employment, and that employees are treated during smployme&ti, without regardto then' age, race, creed, color, national origin, ancestry, marital status, affectional or sexualorientation, gender identity or expression, disability, nationality or sex. Such equal employment
opportzmity shall include, but not be limited to the following: employment, upgradmg, demotioa,or transfer; recruitment or recruitment advertising; layoff or termmation; rates of pay or otherforms of compensation; and selection for training, iacluding apprenticeship. The contractoragrees to post in conspicuous places, available to employees and applicants for employmeni,notices to be provided by the Public Agency Compliance Officer settmg forth provisions of tinsnondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advsrtisements foremployees placed by or on behalf of the contractor, state that all qualified applicants will receiveconsideration for employment without regard to age, race, creed, color, national odgin, ancestry,marital status, affcctional or sexual onentation, gender identity or expression, disability,nationality or sex.
The contractor or subcontractor will send to each labor umort, with wluch it has a colleetivebargaining agreement, a notice, to be provided by the agency contracting officer, advising thelabor union of the contractor's commitments under this cliapter and shall post copies of the noticein conspicuous places availabls to employees and Applicants for employment.
The contractor or subcontractor where applicable, agrees to comply with any regulationspromulgated by the Treasurer pursuant to N.J.SA. l0;5"31 et seq., as aineuded andsupplemented from time to tune and die Americans with Disabilities Act,
The contractor OF subcontractor agrees to make good Nlh efforts to meet targeted county
employmentgoals established in accordance withN.JA.C. 17:27-5.2.
EXH1BTT A {Contbwaiion}
The contractor or subcontractor agrees 1o infomi in writing its appropriate rGcruitmeni a^encie$ including, but notlimited to, employmetll agencies, placement bureaus, collsges^ unrvei-sities, Eiiid labor unions, that it does notdiscrimmaTeon the basis of age; race; creed, color, nationg I origin, ancestry, tnarilal status, afTectional or sexualorientation, gender idendiy or expression, ciisabiiily. nationality or sex, Eindthat ii will discontinue tlie use yf anyrccniitineTH iigcucy wliicli engages in direcr or indircc; dtscriinsnaiory praciices-
The conirflclar or subcunLrticlrtr agrees 10 revise any of its le&ilng proctidures, iftificessary, to assure thirt iif)personnel testing conforms wiLli ihepriit<;ip!<i<; (if. job •• related lesiiiig, as esiabiistied by die statutes and coundecisions oftlie State ofNew Jersey anci as established by applicable Federal law ancf app]icat?!fi Fetieral coundecisions.
Sn confonnmg with liie labeled fiinployiTient goals, die contractor or suiicontrartor agrees to review ail proceduresrciatin&to transfer, upgrading, downgifKiing and layoff to enstii-s ihai ail such acLionM artiiaken without regard toage, race; creed, culor, imlional origin, ancestri', marital status, afisctioual or sexual oriciitation, gsiider identity orexpression; disabiiiiy, nationality or sw, consistent wiih the statutes anti conn. decisiyHs nftiie Siaie ofNew J&rsey,and applicable Federal law slid applicable Federal court decisions.
The conti-acior shall submft to llie public agency, after noHticfltion ofiwai'd bin prior to execution of a goods antiservices contraci, one orUie rollowing three diouunients:
Letter of Federal Afdmiatjve Action Plan Approval
CertiJicale cifEmployee Information Report
Employee lnfomiation Report Fomi AA302 (eleclronicatly provided by tile Division iitid disfrlbutcd to thepublic agency through the Division's websin; al yww.s!atu,nj.(is'trc<i>>iiry/cf>rl!i'act_ea<i^p?iniice
Th& contractar and its subcontractyrs KimI1 fuT-nisli yuch r6pf>rls or other docuirtents to the Division of Purchase &Property» CCAU, EEO Monitoring Pro&ram KS may be rcqnestoci by the office from tune to time in order to Ciarryout the purposes of these reguisitions, and pubiit:. a^ncies siiaii fumisii siusb jnformaliDn as may be requested by theDivision of Purchase & PropertVt CCAUt EEO Monitoring Program tbi' conductmg a compliance investigationpursuant ? Sulictiaptcr 10 of the Attmtnistrafivc Code ytNJf.A.C. )7:S7.
The un()crsti;ti(d vcwlur rerlilits on tlttlr ruuipniy ii rCt'pipli I>iinwle(lgcuitd connniijiKjit to cnniplyn'ilii:
Tho contrsQtwnd H\6 President of Toole Design Group, LLC^ (liereBeor"own&rH) do hereby agfwth&tthc. provisiorts of™e 11 of the Amorioans WIQi Drsabiltti^ Act of 1990 CO^ "Act") (42 Uj^-C ^Jr2^ <?^ et
' !&8?1 s^YJoeg-ajid say aR4 all cos'ii? ami othor &xp&nso?firi&m^'oitt su.cfi sc'tioa or &dmi»ij?trflriv0-pTO^^^or moirod irt' conncc-tion fh^rswith, In any ftnd alt oo?i)J(ilnts brought purfiymt to tiio owncr^ grhv^uwprowdyr^ th&wtootora^-o&s io &bid& by any decision oftho own&rwhEcJi is r&n^^ittd pyr&UAntfo.s&idgnov^nee pro'cecture^ ^aiiy actfo^ or-admfniBtmtiVtt pr&oceding-resu^ in w-swwd ofda3H»g&s a^nsttl)frowner, or fffbc o'wticr incure ai>y cx.p&nso to curo & vtolattoa of the ADA wlticli IIRS beeo. brought pursuaRt
•Kf ^ grjevanc& procedure^ Uio cotitr&ctot1 sh&il SQtisJEy and discharge tiie sam^ at Us own expons&
Th& owner ?haf^ ^^ £90^ fts praoticab^ Ar ^ el&fm ^ l??c9 nift4p againpt ^ gtv^ ^vntton notIco"thoF&6ftoti? wn&'fic'for slong wiftt ftttl nnd oompifislo pfirtl&ulnrs of the ^Q^ If'^ny actxbn or admibistmhwpro&eedlng i^ bronglit against tli<t owner or nuy oflfs ^g6jit^ seryftfits/ and'entployefts, th6 owner ^wlt^p&4ftlou?iy forft^nl or hav^ fbjcworfed to tii& coatm&ior i;>ver)' deficisnd, wm^l^nt, nort^ sunanoBS^p^41n& or ot^c process recyived by f^e owner oriit$ irepwsenMves, ' '
It? is expr^s&Iy s^twd ^•nd' undsrstood Uititany appi'oval by the ow^er offhe sei'vic^ ^rovidstf by tbtiscorttraojwpm^f to th^ CionfraotwUt ^otjr^ov&'pi^.oontrafitor of flt9 obligation to comply wU^theAotmid to defend, hdeimi^, pro^^ &u(i save IiflWfflSs.fb^ owt^r-ptirsUEuittQ t3ii? parfigt-ap^
n ^ fW^r egwe^l ^n^ imderirfpod' ti^t'tho owiier assume w oNigaUoti ip hidomnijfy or saw haraiE'e^ feet3<?nt?oe, its sg^nts, sorvanfs, eiiriployees ^nd siibcontmotors foreny cta^i whtch-TO^y m'ls^ out ofthe!r^rfbn)mc& of this Agr^&m&nt. Fui-th&rmoro, feo conferaetor expr^sely understsftd® sn^ agreoa tlmfc th^pj-ovisrey^ of this indeftmifMitih <??au^^ sTxal3 In n.o-way Hmltth^ conh'ftctor*s o1??lgaticns assumed w. Ns^gre^ment, nor sNll they 1^. construed to r^tlove th& controotor &om any ItabiiHy^ nor preolade riio owjierfrom ?ng a^6tl^r sc^oAs EtvaiI&Ue (o it imdorfmy other pwvis ioi^ oftho Ag?6mi5nt oy ofiierwiss at law,
^i^^Ws J^me/Me ^)UenniferToo!e, AICR ASLA^President^^pyes^ntative>s .CHgttaittm,STame of CompftBLy^ Too! e lpes]g n G ro u p, LLC^reLKe*;_ 30L9_27,1900x152 _V X>^i-e; 4.27:2018
Too!? Design Group
MmontyAVoin^n Busioess Enterprise (M'WBE)Questionnaire for Bidders
Jersey Ciiy Ordmance C-829 establishes a soal of awarding 20% of fee dollar amount of totalcity procuxementto mxnonty and -woman owned business enterprises,
To assist us in moriiforing ozir achJeveinent of this goal, please indicate below whethsr yourcompany is or is not a minority owned and/or woman. ow^ed busiTiess, and return tHs form with
Mmonty Business Eaterpris& means a business which is a sole proprietoTship, partnership or c&ipoiation at le^st51% of which is o^^ed and controlled Isy persons who are Africa^ Ajnerican^ Hisp@iiiCt Asian Ame.ri(:^Ti> Am fericaiiIndian or Alaskan native, defined as follows;
Afrwgn American: a person Imvtog origins iji; any of the blacfe racial groups ofAn'ioa
Hispanic: a person ofM^xicaa, Puoto Rican, Cenfi^l or South Am&ricaa or other Bon-Enrope&n Spanishculture or on^iu regardless of race.
Asian: a person having origins m. any of the original peoples of the F&r East; Soutlt East Asia, Indiansubcontmen.t, Hawaii or tiie Pacific Isltinds.
American Xmlian pr A^sUan Native a person bavrag ori^jos IK any oftlie original peoplss orHotltiAm^riflaand who mamt&ms Oultffi'ftl ident]'fication through tnba] afRUation or conm-iuniIyTscogmtion.
Woman liysincss Enterprise
"Womafi Business Eiit&rprise means a busmess which is g. sole prQprletoTship^partiiersbiparcoipora-tion at least 51%of\vhich Is owned and controlled by a woman or women.
OFFICE OF EQUAL OPTORTmiTY COPY
Toole Design Group
STATE OF NEW JERSEYDEPARTMENT OF THE TREASURY
DIVISION OF REVENUE AND ENTERPRISE SERVICESANNUAL. REPOR T CERTIFICA TE
TOOLE DESIGN GROUP LIMITED LIABILITY COMPANY0400540191
IN TESTIMONY WHEREOF, I havehereunto set my hand and affixed
my Official Seal, this9th day of January, 2018
Certificate Number: 2306903775Verify this certificate online at
201S041($U26024^0<TDG has submitted a request to update theregistration address
50 Toole Design Group
Item I: ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
CITY OF JERSEY CITYACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM FORM
CONSULTING SERVICES: VISION ZERO ACTION PLAN
The undersigned acknowledges receipt of the following addenda to the Request ForProposal:
THE COMPLETED ACKNOWLEDGMENT OF ADDENDA FORM SHOULD BE RETURNEDWITH PROPOSAL PACKAGE: NOT TO BE SENT SEPARATELY
NOTE: Failure to acloiowledge receipt of all addenda will cause the proposal to beconsidered non-responsive and the proposal will be rejected. Acknowledgement of receipt
of each addendum must be clearly established and included with the proposal pursuant toNJ^A_40A:ll-23.2(e).
Addendum No.
Addendum No.
Addendum No,
Dated
Dated
Dated
Name of Propose!-: Toole Design Group, LLC
StreetAddress:
City/ State, Zip
8484 Georgia Avenue, Suite 800,
Silver Spring/MD 20910
Authorized Signature; /?C^U//^"^
Date;
52 Tople Design Ciroup
DISCLOSURE OI? INVESTMENT ACTlViTIES IN m^
OP& NUMBER; _ Tt-woscn Toole Design Group, LLCPtimiiilU to Public LRW 2012» c,25 Rny pet'^on oi1 cnitty Ihni submtts g bid or propOsRl or oihei'wise proposed to enler iNo orl'?nsw ii 'co(iti'iic) ii«ist c&mp!ctc HIG curtificntion below (o nU6sl, tinker pen^tty ofpc^ut'yi llml ne^liei' llie p&rson oit e»t)l)sWf {my of Its paretKs, s^bsntiBrie^ or nfHlinles (iiny paicntt successoi\ sukunK, dirwt Of hidhwl subsidiary, or my ^ntliynndor common ownership or control \v!tll> nny entJIy^ is idsntificd on (116 l3epart(noni ofTreasMry^s Ciukp^- $5 list »s ap&i'son or enlily cngtigijig in Inveslintitit jicfivltifiA In \w, Th^ Chsipler 25 list Is ftmnd on tite Stnlc of^cw Jersey,Depnniuent ^ Trensury, Divigi07i , of Pui^hase WK\ Propcrfy website a!!lUR^^w^'-^nte.ni."sAreasiirv/piji^!in5e/pdi^apl<;i'2?»U5[>ptir
jBidte imtst r6V(^w this iist prior to <loiiiple(Ing ?c below Wttlft<?^on, Faiture lo eoi»plel6 the eertificntio^ wa3) wndcr itbidd&r's pcflpos&l no^r<i$potistve. ifthe Aiiil^oiiiy fEnds a persoii orwtity 1<? b^ in violfttloii of law, s/lie $ha)J lokft ^iton asimy be approprtfito nn<i pfov3<!crf by bvf, I'Hic o)- cofUtWtt inctiiding btil not liniitcri to, ji»posttig ,'irtnclio»s, issekingcoinpihmeOi reouvtirmg damages, declaring Ihc pfli'ly in defiuilt ^fid sycking {iebannoiit or SUS|]GHS)O!I of ihc party.
PLRASR CmCK TifR APPUOPIUATK BOXt^ I miif)', piirsusuit to i>ttbtici l,fiw ^012 ^ 25, ^\ »ettlit)i- !lic bidcter tisted {tbow nor sny oflh^ bi<ldei"'s \^m^
subsfdinriys, or sfHtiaios is ll^d on the NJ. U^p^ln^m &t'(lio Trc^iry's list ofonlitios d<;fsiwlne<i lobe ci^g^in prohibilfiti ftclivUIcs in Iran pursMftnt to P.L. 20 \1 c. fl% {<)Chiip1cr 25 UsQ, I toher oeriify ithat 1 nni Ihepe^oHlisted above, or t mi nn Qffiwr or repra^n^ivo or ihc entity lisied i?ibov<t imei aiti aulhori^ed to ma^ thisco-lJHcnKoit on Ks behalf. I will $Iiip hti't 2 iiiid sign a»d coinpt^c Ihc Cci'lificmeTictow.on
C1 I am nmble co CQi'Wy as rtbove because Ehc bidder nnd/Di- one or moi^ of ^s piii'cilis, subsjd^rj^ yr sffrjiiitos IsIlFticd on i\)Q Dcpartin<;tUt5 Cli^)^r25 Hsl. I will provide ii detmbdi nccnrate.Rnd prccis$ d6s<;f]piion of {\^sclivto m Par! 2 below and sign find coinpiol? the Certiflca^on below, FsElure IQ provide sudi wlji rcsnii i.n tiseproposal being r?«d$)'st( non-iresponsiv& mt(i fippropilTitc p&nalde^, iin&s W{^wt ssnstions wlli be ass&sse^ flsprovkfebylftw.
PART 2You HHIK} )u'm'Iitc ti clvt.'ijtetl, afcnraic fiiid jii-cdse tlcscriptfo)) pi'iiia sidvilfw fff tli? hlildcr jip^nii/eri)^', or ow of N5 piirotiis, jnilis-rdiwlcs oramti»Jcsj^gs^llM.iltA^!!lvcs1^^ < iill dies ab^ l»,^i:tini}»!etc(1 file box bitow,
iN^litei _____ ,^ __ ._Itclnlintislilp lo Proposcr;.
<;5Hific»itipu? T| hilrtgitiiiysu'oi'it itjtoii myoiithi Iw'f^y i'c{mswitw\sUiifa tlint tix iFoK^it^ infyj'iitoitoii ttiid (i»y)i(ti^timd?i^ tliyf'^o to (tettwt or my hinwlci^is ill's iDiii nlit) CBm])ltI(L> I ftlt^i tEifll t fli9 niijlioi-Ixitl (0 fr'Wti^ tTifs ccrt31(?ntioti ftn hctm!?' of f]i(> (tboM'rfifri-^cstlIi(tj'JFon or cniiiy. I nttttiiiti'icftgt; (hal (lieAulhflfKyis rc^'h>e on llic Inforn^iipi) t»ti{!tiitC(| Itcrdn it»tl iJtereliyflctitittwltd^tlinl I mil niiilfiracpittltiufnfi nhiJRfitieit ft'om the dflte of tlih c<?rtifkfitif»t ttironglt H><t conijiletiofi ot'imy conffncts wt(|) |ti& AvHioflty to nolify Iht Annioi'Jiy litMTHIng(if(inyclirtitg??(p<l)tiHtnvc)-3orlnfo>-nmflon conlnlntdlicrclii. I npioiowlcitftc ft\;\i i rtm (imirttlmtft lsBffrii»i)iillflfTc3>s<!!<otisfi1(t»RFiibc ilftltnithl (>t' infAj'iprcscnfslioit In Ms vvrlilicftllonsi nn<t tf I do Sfli t rcconnj^ iiiftf ( fltn Htbjctl (0 crJinlDn! py*$ectition nndcy t?jE Ifiirmill thnt it )vW Rlto consttlittc n malcrinl ln-cnclt of any flgr<;e»iCiiH<) wifli ihc AtUlwitj" nnd (he AutIiorK)' nl i|t <l[}t!g3i may ricclsrtf niiyeun[mcf(;^ rcstifUng tnm Oils co'tiDcnh'oH vuid nntJ ui|<:nfi>tv?|?]c.
Pull Name (Pi'lti^ . Jennifer Tooie, A1CP, ASLATitlv; _President
36
City of Jersey City Vision Zero Action P!an 53
City of Jersey City/ NJ
Evaluation of Vision Zero Action Plan Proposals
May 7,2018
Executive Summary
The City issued a Request for Proposals (RFP) on April ^, 2018 to solicit proposals for the development of a Vision ZeroAction Plan. On May 1, 2018, the City received eight proposals in response to its RFP. The total scores and ranks of the
proposals appearbelow:
TOTAL SCORES & RANKSJose R Cunha
Barkha R PatelAndrew VEschio
TotalAveraged Total (out of 100)Rank
\ FITZGERALD &:-:HALLIDAY^,1NC.; \-
758079
15578
3
^OOLEGROUP
DESI<3l€^/•LLC y^.:
969594
19195
1
LSAMSChiWARTZ^(WNSULtNG,:LLC
798986
16885
2
A Consultant Selection Committee, appointed by the City's Business Administrator/ evaluated the proposats according to
criteria established in the RFP.
The proposal submitted byToole Design Group/ LLC (with subconsultant Mercer Planning Associates) was ranked highest
by the greatest number of evaluators. The cost of the proposal will be $189/430.
In accordance with the statutes for competitive contracting (N.J.S.A. 40A:11 -4.let sep), itis recommended that a
contract be awarded to Toole Design Group to provide consulting services to develop the Jersey City Vision Zero Action
Plan.
BackgroundCompetitive contracting [NJ.S.A.40A:11-4.1 etseg) was employed to solicit proposalsthat would attract the
best qualified solutions. The RFP was issued on April 4, 2018 and is contained in AppendixA. On May I/ 2018the City received three responses to the original Request for Proposals and the initial evaluation process
began.
introduction/Scope of ServicesThe City solicited proposals for 3 Vision Zero Action Plan that advances the City's goai of eliminating traffic-
related fatalities and severe injuries on all City streets by the year 2026. The primary objective of the
Plan is the creation of an effective and comprehensive set of data-driven strategies that the City may
employ in the short/ medium and long term to achieve Its Vision Zero goals. The scope of services, asdetailed in the RFP, consists ofthefollowing:
Task 1: Existing Conditions and Data ColSectionThe Consultant shall compile and synthesize all relevant data in order to assess current conditions, which
will ultimately inform the creation of the Action Plan. The Consultant is expected to conduct an extensive
best-practices assessment of other Vision Zero cities' policies and statutes in order to identify existing
challenges. The Consuitant shall develop a GIS-based inventory of existing conditions.
Task 2: Goal Setting and OutreachThis task requires the Consultant to work with the Vision Zero Task Force as established by the Mayor of
the City of Jersey City by Executive Order 2018-001, and utilize the standards set by the National Vision
Zero Network in order to develop actionable goals and objectives. The Consultant shall also attend
monthly in-person meetings and participate in bi-weekly conference calls with the Task Force Co-Chairs
and other Task Force members as necessary, The Consultant shall assist with the preparation of meeting
agendas/ presentations/ materials/ and minutes for all aforementioned meetings and calls. The Consultant
shall draft and implement a public outreach strategy/ which shall be reviewed and approved by the Cityproject manager and the Task Force. This shall include at least 3 public meetings, a website and data
management tool/ and a communications and branding strategy.
Task 3; Actions and Strategies
Based on the findings from the previous tasks, the Consultant shall present recommendations for the
Vision Zero Action Plan. Recommendations shall include specific Actions and Strategies that are
categorized by time frame (e.g.: 6 month/ 2 year/ and 5 year actions] and the lead agency responsible for
implementation (e.g.: City Planning, Engineering/ Health & Human Services/ Police). Recommendations
shall include an assessment of best practices from other Vision Zero cities to determine effectiveness and
applicability to Jersey City.
Task 4; Development of Performance Measures
The Consultant shall assist the City in producing the initial Annual Report to be published in January orFebruary of 2020, The Annual Report will build upon the framework established in the Action PEan bydocumenting progress on goals and strategies outlined in the Action Plan, The Annuai Report will also
include statistics and metrics of prior crash reports/ Itemization of Vision Zero tasks across various City
agencies, updates to goals and strategies based on lessons learned from prior year(s).
Tasks: Action Plan
The Consultant will prepare a draft final report which wiii comprise the following sections: an Abstract,
Executive Summary, Introduction/ Methodology/ Existing Conditions, Recommendations (with the
subsections Actions and Strategies/ and [mplementation Plan), Performance Measures, and Appendices.
The Consultant shall revise the draft final report per comments from the public/ Task Force, stakeholders/
and the City project manager in order to produce the final report.
Evaluation Committee
There were seven broad criteria by which proposals were evaluated, Each criterion bore a certain weight/ and the
extent to which the criterion is met or exceeded was determined by the committee. Evaluation was based on the
following criteria and weights:
Evaluation Criteria
Cost Proposal
Respondent Team Qualifications (including but not limited toorganizational capacity, project management ability/ qualifications of
assigned staff, past projects of assigned staff)Technical Approach
Understanding of Scope ofWork (including but not limited to familiaritywith Jersey City)Creativity and Innovative Ideas
Schedule and Deiiverables
Commitment to Diversity
Total
Points
2020
2010
101010100
For each of the above written response criteria, the committee determined the extent to which the requirements
were fulfilled/with 100 being the highest possible total score. Each evaluator then ranked the Respondent by totai
score.
Evaluation CommitteeThe evaluation committee consisted of five City employees with experience in bicycie planning/ traffic engineering
and community engagement. The members of the committeeincluded:
Jose R Cunha, Director/ Division of Engineering
Barkha R Patel, Senior Planner, Division of City Planning
Andrew Vischio/ Director, Division of Traffic &Transportation
Appendix B contains each committee member's Certification of Non-Conflict of Interest, as required by the
competitive contracting statutes.
Summary of ProposalsThere were three proposals submitted.
1. Fitzgerald and Halliday Inc. submitted a proposal with subconsultantsStantecand Salt+Companyfor
a total contract amount of $232,589.01, The proposal discusses building on the current Jersey City
Pedestrian Enhancement Plan study. The firm has experience with Jersey City through the
Pedestrian Enhancement Plan and the proposal discusses building on the results of that study. The
staff qualifications indicate that the team does not have sufficient experience conducting the type
of planning and engineering work this RFP requires.
2. Tooie Design Group; LLC submitted a proposal with subconsultant Mercer Planning Associates for a
total contract amount of $189/430. The team is highly qualified and has experience creating similar
Vision Zero Action Plans in cities across the nations, including Portland/ Boston/ and Denver. The
technical approach is well suited to the requirements outlined in the RFP. The proposal includes a
discussion of anticipated barriers to implementation and solutions the City can employ based on
the lessons the team has learned in other cities. There is a focus on meaningful public engagement/
equity and inclusion, with team members who are transportation and equity experts.
Sam Schwartz Consulting submitted a proposal with subconsultants Pam Fischer Consulting and
Mercer Planning Associates for a total contract amount of $198,970. The team is highly qualified
and has experience with Vision Zero plans in other cities and counties, Th'e proposai emphasizes
engagement of youth, seniors/ Limited English Proficiency groups, and other underserved
popuiations throughout the planning process.
Proposals received
A total of eight proposals were received in response to the City's RFP, They are listed below with the proposed
costs over the contract period:
RespondentFitzgerald & Halliday Inc.
Toole Design Group, LLC
Sam Schwartz Consulting
Cost$232589.01
$189/430$198/970
Evaluation Process
The evaluation process consisted of the following steps:
Initial independent review of proposals
Committee meeting to discuss technical proposals
Fina! review and submission of evaluation matrix
Evaluation ResultsThe rankings and total scores (out of 100) assigned to the three proposals appearbelow:
TOTAL SCORES & RANKSJose RCunha
Barkha R PatelAndrew Vischio
Total
Averaged Total (out of 100)Rank
FITZGERALD& :.^-HALLiDAYJNC. :
758079
15578
3
TOOIEGROUP
DESIGN ;^'/LIC-';:; ^
969594
19195
1
.SAMSCHV?F2^-CONSLrLTl:NG^LLC.;
798986
16885
2
Individual Proposal Evaluation Forms are provided in Appendix C.
Contract
The Consultant Selection Committee recommends that Toole Design Group/ LLCbe awarded the contract to
provide consulting services for the development of the Jersey City Vision Zero Action Plan. The base term of the
contract is 8 months/ with a total contract amount of $189/430. The final products will be delivered to the City in
February 2019. Deliverables will include a Final Plan with detailed actions and strategies to help the City achieve its
^oal of eliminating traffic fatalities and severe injuries on City roads by 2026, including a Public Involvement Plan,
Performance Measures/ Implementation Plan/ and Annual Report framework, websiteand all relevant findings.
City Clerk File No.
Agenda No.
Approved:.
TITLE:
RESOLUTION AUTHORIZING THE AWARD OF A SOLAR POWERPURCHASE AGREEMENT (PPA) WITH ONYX DEVELOPMENT GROUP,LLC IN ACCORDANCE WITH THE RECOMMENDATION SET FORTH INTHE EVALUATION REPORT DATED MAY 18, 2018 FOR A SOLARENERGY SYSTEM AT THE JERSEY CITY MUNICIPAL SERVICESCOMPLEX, 13-15 LINDEN AVENUE EAST
COUNCIL AS A WHOLE OFFERED AND MOVED ADOPTION OFTHE FOLLOWING RESOLUTION:
WHEREAS, the City of Jersey City ("City") desires to engage in alternative, renewable to
reduce the City's carbon footprint and reduce energy costs by procuring a solar photovoltaic
system at the Municipal Services Complex, 13-15 Linden Avenue East; and
WHEREAS, the City may acquire fhese services pursuant to the competitive contracting
provisions ofNJ^A, 40A:11-4.1 etseq; and
WHEREAS, the Municipal Council approved Resolution 16-740 on November 9, 2016,authorizing flie use of competitive contractmg for this purpose; and
WHEREAS, a Request for Proposals (RFP) was issued by the Department ofAdmimstration onFebruary 7, 2018; and
WHEREAS, on March 15, 2018, the City received four (4) Proposals in response to the RFPfrom the following firms:
• Altus Power America / Dobtol Construction, LLC
• HESP Solar, LLC
• Onyx Renewable Partners L.P.
» Advanced Solar Products / Spano Partners Holdings; and
WHEREAS, Altus Power America / Dobtol Construction, LLC elected to wiflidraw their
Proposal submission and was not evaluated; and
WHEREAS, the Evaluation Committee appointed by tile Business Administrator judged theproposal submitted by Onyx Renewable Partners L.P. ("Onyx"),'located at 880 3rd Ave., ll111
Floor, New York NY, 10022 as best meeting the City's needs; and
WHEREAS, in accordance with N.J.S.A. 40A:1 l-4.5(d), the Evaluation Committee has
completed and Evaluation Report and is attached hereto as Exhibit A recommending Onyx as
the Successful Respondent; and
WHEREAS, Onyx has agreed to provide aiid deliver products and services m the maimer
specified by the Department of Administration; and
WHEREAS, the Power Purchase Agreement (PPA) is attached hereto as Exhibit B.
Continuation of Resolution
City Clerk File No. Res. 18-50
Agenda No,
TITLE:
Pg,#
io.z.5 MAY 2 3 2018
RESOLUTION AUTHORIZING THE AWARD OF A SOLAR POWERPURCHASE AGREEMENT (PPA) WITH ONYX DEVELOPMENT GROUP,LLC IN ACCORDANCE WITH THE RECOMMENDATION SET FORTH INTHE EVALUATION REPORT DATED MAY 18, 2018 FOR A SOLARENERGY SYSTEM AT THE JERSEY CFTY MUNICIPAL SERVICESCOMPLEX, 13-15 LINDEN AVENUE EAST
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of JerseyCity that:
1. Pursuant to N.J.S.A40A: 11-4.1 etseq., and Local Finance Notice 2009-10, a Contract is
awarded to Onyft to provide the City with a 1 5-Year PPA.
2. The term of fee Contract is fifteen (15) years commencing on the execution date of the
Contract by City officials.
3. The City shall pay Onyx the PPA rate in accordance with the PPA and its Proposal, all of
which is anticipated to save the City approximately $915,358.00 in energy cost savings
over the 15-year PPA term.
4. In accordance wifh NJ.S.A. 40A:4-57, this Contract exceeds the fiscal year in which the
Contract is made, as permitted by law.
5. Subject to such modifications as deemed necessary or appropriate by Corporation
Counsel, fhe Mayor or Business Administrator is authorized to execute fhe Power
Purchase Agreement in substantially the form attached, and any other documents
reasonably necessary to effectuate the purpose of this Resolution.
6. The Resolution authorizing the award of this Contract and Contract itself shall be
available for public inspection.
7. Notice of this action shall be published in a newspaper of general circulation, within the
municipality within ten (10) days of this award.
APPROVED:
APPROVED:
,1^ A h\^r(: APPROVED AS TO LEGAL FORM
M-^Business Administrator Corporation Counse!
Certification Required D
Not Required DAPPROVED 9_o
RECORD OF COUNCIL VOTE ON'FINAL PASSAGE _5.23.18COUNCILPERSONRIDLEYPRINZ-AREY
BOGGiANO
AYE
~z_~7~
~T
NAY N,V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~z_
7,y
NAY N,V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES.
AYE
^/^
NAY N.V,
N.V.-Not Voting (Abstain:
Adopted at a meetin^pf the Municipal Council of the City of Jersey City N.J.
J^'olan^ R, Lavarro, Jr,, President of Council Robert Byrn^ity Cfsrk
RESOLUTIONJACT SHEET - CONTRACT AWARDThis summary sheet is to be attached to the front of any resolution that is submitted for Coimcil consideration.
Incomplete or vague fact sheets will be returned with. the resolution.
Full Title of Ordmance/RcsoIutioa
RESOLUTION AUTHORIZING THE AWARD OF A SOLAR POWER PURCHASE AGREEMENT(PPA) WITH ONYX DEVELOPMENT GROUP, LLC IN ACCORDANCE WITH THERECOMMENDATION SET FORTH IN THE EVALUATION REPORT DATED MAY 18, 2018 FORA SOLAR ENERGY SYSTEM AT THE JERSEY CITY MUNICIPAL SERVICES COMPLEX, 13-15LINDEN AVENUE EAST
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
The City desires to engage m alternative energy and renewable energy initiatives to reduce the City's carbonfootprint and reduce energy costs, The City has decided to procure a solar photovoltaic system at the
Municipal Services Complex, 13-15 Linden Avenue East, in the form of a 15-Year Power Purchase
Agreement (PPA) with a solar developer that will fund, install, own, operate, and maintain the photovoltaic
system. Among the environmental benefits, the solar project will reduce operating costs for fhe facility. The
strongest ranked Proposal from Onyx Renewable Partners provides an approximate combined savings of$93,566 in the first two years and an approximate Net Present Value savings of $915,358 over the 15-year
PPA term. The Net Present Value-savmgs is calculated using the current rate for electricity and assigning anannual price increase each year for 15 years versus the PPA rate and associated annual increase per year for
15 years.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
$0.054 per kWh for one year fromcommencement date (annual percentageincrease from prior year'sPPA Price is 1.3%)
15 Year Power Purchase Agreement (PPA)
Type of award Competitive Contracting
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
^fi^L V-- ^u^V/^Signature of Division Director
6/15/1 gDate
^ ./"'--•• ^4)Signature of Department Director Date
Evaluation of Proposals Received onin Response to a Request for
Developer of a Photovoltaic SystemFacilities and Lands Owned City
This Report is being provided pursuant to the requirements of the competitive contractingprovisions of the Local Public Contracts Law, specifically, N.J.S.A. 40A:11-4.1 e^se^., which isconsidered; LFN 2008-20, dated December 3, 2008, Contacting for Renewable Energy Services;BPU protocol for measuring energy savings in PPA agreements (Public Entity Energy Efficiencyand Renewable Energy Cost Savings Guidelines, dated February 20, 2009}', LFN 2009-10, datedJune 12, 2009, Contracting for Renewable Energy Services: Update on Power PurchaseAgreements, and all other applicable law.
The purpose of the Evaluation Report is to provide the City of Jersey City (hereafter referred to as"Jersey City" or "the City"), with an evaluation of proposals received for its planned solar projectand to provide a recommendation to the City Council.
The goal of the City is to implement a solar energy project that is environmentally responsible andeconomically beneficial to Jersey City. To this end, on February 7,2018, the City issued a Requestfor Proposals ("RFP"), as amended, for a Power Purchase Agreement ("PPA") for the purchase bythe City of electricity generated by photovoltaic solar energy systems ("Systems") implementedby a proposing firm ("Respondent") to the RFP, at its sole cost and expense (the Respondent to beawarded the project will be referred to as the "Successful Respondent"), to be located at the City'sMunicipal Service Complex facility owned by the City of Jersey City, in the County of Hudson,New Jersey.
Pursuant to the RFP, the Successful Respondent will finance, design, permit, acquire, construct,install, operate and maintain the System, all in accordance with the terms set forth in the RJPPincluding on the Successful Respondent's PPA Price Quotation Proposal Forms. The SuccessfulRespondent will also have all ownership rights to the Solar Renewable Energy Certificates("SRECs") generated by the Systems.
The RFP contained a preliminary feasibility assessment performed by the City's energy consultant,Gabel Associates, assessed the condition of the roof and canopy structure, estimated the technicalpotential for the System at the City's facility, and identified site specific conditions of note.
The RFP included three proposal options; one mandatory and two elective proposal options. Themandatory Option 1, as set forth in Section 4 of the RFP, included roof and canopy mountedphotovoltaic systems to be developed and interconnection to the Municipal Services Complex ofJersey City. The City also encouraged, but did not require, Respondents to submit proposals forthe following two additional, elective proposal options. Option 2 consisted of the roof and canopymounted systems required in Option 1 with the inclusion of electric chargmg stations andassociated infrastructure. Option 3 included the systems contained in Option 1 and Option 2 alongwith an energy storage system resiliency solution and associated switchgear controls that enablesindependent backup operation for the entire DPW site (not just critical circuits). Respondents werepermitted to provide additional proposals based on their own due diligence, feasibilityassessments, and alternative strategies, as long as the Respondents included a proposal on the
mandatory proposal Option 1.
3
Under the RFP, the City of Jersey City retains sole discretion to select the proposal option underwhich the PPA, if any, will be awarded. The City received proposals for Options 1 & I, but did
not receive any proposals for Option 3. Option 3 includes an energy storage system that could becostly and difficult for a third party to monetize in the current energy market, as such all of theRespondents elected not to include a proposal for Option 3.
As set forth in the RFP, the Successful Respondent and the City will enter into a 15-year PPAunder which the City will purchase electricity produced from the System at a scheduled rate perkWh. Pursuant to public contract laws for PPAs, for the City to award this project the PPA pricemust provide a savings and be lower than the delivered cost of power from the local electric utilitycompany; i.e. Public Service Electric and Gas Company ("PSE&G"). The PPA structure providesthe City with a reduction m its energy expenditures and minimizes the uncertainty that may resultfrom price increases in the electricity market during the 15-year term of the PPA, in addition tothe other benefits that may be realized by the City. At the conclusion of the PPA Term, Jersey Citywill have options for removal at no cost to the City, purchasing the system at fair market value, orextend the PPA, if the law allows.
To evaluate proposals, the City organized an Evaluation Team comprised of City personnel withsupport from the City's legal department and energy professionals. The Evaluation Teamdeveloped the RFP and evaluation criteria, administered the procurement process (including sitevisits, RJFP addenda, and written Q&A), determined the legal completeness and technicalcompliance of the proposals received, conducted interviews with Respondents, completed adetailed economic analysis, performed a collective evaluation and proposal ranking by consensus,and drafted this consensus-based Evaluation Report for consideration by the City while makingthe award decision. Evaluation of the proposals was based on point-ranking in a variety ofcategories, including required format, financial benefits, technical design, approach, and schedulefactors, provider profile and qualifications, and other factors as defmed in Section 7 (ProposalEvaluation) included m the RFP. In accordance with the Competitive Contracting requirements ofthe Public Contracts Law, the evaluation criteria were developed and published prior to the receiptof proposals in response to the RFP.
Jersey City received proposals from four (4) solution providers (hereafter referred to as"Respondents") on March 15,2018 in response to the RFP, including;
• Advanced Solar Products / Spano Partners Holdings• Altus Power America / Dobtol• HESP Solar• Onyx Renewable Partners
AItus Power America / Dobtol elected to withdraw their proposal submission and will not beevaluated in this Evaluation Report. Following a legal and preliminary economic review, theproposals from Advanced Solar Products (ASP) / Spano Partners Holdings, HESP Solar, and OnyxRenewable Partners were considered complete and legally compliant with the requirements of theRFP. The Evaluation Team completed in-person interviews of the three (3) remainingRespondents. These interviews were informed by a detailed technical and financial analysis by
Gabel Associates, formal ranking of the proposals by the Evaluation Team as per the evaluationcriteria published in the RFP, and development of this Evaluation Report.
Jersey City developed a consensus ranking of each proposal within each evaluation category,leading to an overall score for each proposal between 0 and 100. The Evaluation Team agreed toevaluate only Options 1 and 2; both options were scored separately. The proposal with the highestscore in each Option represents the strongest weighted-balance of all factors considered for saidOption. Based on information contained within the proposals, and additional information collectedduring the oral interviews, the Evaluation Team scored the three (3) Respondents m accordancewith the evaluation criteria specified in the RFP and proposal option. Table 1 below summarizesthe scores for each of the proposals:
Table 1: Evaluation of Proposals
Respondent OptionPPA Rate($/kWH)
Escalation
Rate
Evaluation
Matrix Score
HESP Solar
121212
$0.0797$0.0797
$0.0690$0.0690
$0.0540
$0.0540
1.50%
1.80%
1.30%
75
81
96
ASP/Spano provided an additional alternative proposal. After discussion with the EvaluationTeam, it was decided not to evaluate the alternative proposal. As stated above, only Options 1 and2 were considered for evaluation.
Economic merit, particularly regarding the magnitude of savings over the term, were specificallyevaluated for each proposal. Gabel Associates performed a conservative modeling of the City'scurrent electricity cost for the facility, including both utility distribution tariff and third-party
supply costs. The models include forecasting market changes over the 15-year term.
Through the "solar price to compare" modeling methodology, electricity costs are calculated fortwo scenarios. One is the business as usual scenario: If the City continues to use third partysuppliers and continues to pay PSE&G for the distribution costs. The second scenario is the solarPPA: if the City purchases electricity from the PPA and the remaining amount from PSE&G. Theeconomic analysis is perfomied by calculating the bills over the course of the 15-year term in eachscenario and then subtracting the costs of the solar scenario from the business as usual scenario tocalculate the estimated savings over the term. The Evaluation Team used the Net Present Value ofthe 15 years of savings from our comparison to determine the financial benefit. Net Present Valueor NPV is a calculation that reflects a discounted value for savings received in the future. The PPArates proposed and the production esthnates from PVWatts provided in the proposals (PVWatts isa solar generation estimation tool from the U.S. Department of Energy's National RenewableEnergy Laboratory) were used to calculate the potential savings.
The Evaluation Team used the Net Present Value of the 15 years of savings from our comparisonto determine the points for the financial benefit category of the evaluation. The lowest PPA ratemay not provide the most financial benefit because the PPA rate alone does not account fordifferences in proposed escalation factors and difference in system sizes and production. AllRespondents proposed the same PPA rates in Options 1 and 2 as such the economic benefits ofOptions 1 and 2 were the same for each Respondent evaluated. Based on the beforementionedmethodology, all proposals evaluated under the mandatory Option 1 and the elective Option 2 weredetermined to provide economic savings over the 15 year period of the solar system operation.
The strongest ranked proposal under mandatory Options 1 and 2, from Onyx Renewable Partners,provides a combined savings of approximately $93,566 in the first two years and an approximate15-yr Net Present Value of savings of $915,358.
The Evaluation Team finds that the proposals deliver meaningful savings for the City, arecompetitive with current market practice, and deliver additional benefits that are significant.Since the proposed PPA rates are the same under Options 1 and 2, and there were no proposalsunder received under Option 3, the Evaluation Team decided that the added benefit of the
electric vehicle charging stations and infrastructure for future charging stations made Option 2the best Option for the City. Based on the evaluation based on the stated criteria, the EvaluationTeam recommends that Onyx Renewable Partners proposal Option 2 be selected by the City asthe Successful Respondent to the RFP, and that Onyx Renewable Partners be awarded the PPA.
1. Overview of the RFP
On February 7, 2018, the City of Jersey City issued an RFP for a PPA for the purchase, by theCity, of electricity generated by photovoltaic solar systems to be financed, designed, installed,owned, operated and maintained by the Successful Respondent at the City's Municipal ServiceComplex facility located at 13-15 Linden Avenue East, Jersey City, NJ 07305-The SuccessfulRespondent will be responsible for conducting a site assessment, geotechnical surveys (asappropriate), structural assessments, pre and post installation walkthroughs with the roof warrantyholder, providing PPA financing, applying and gaining approval for utility interconnection,environmental permits (as appropriate), local permits, LEED compliance, engineering, design,installation, operation, maintenance, monitoring the system and coordinating with the City and it'sprofessionals.
The City provided three (3) proposa] options for Respondents. "Proposal Option 1" or "Option1" (mandatory) includes an approximate 1.155 MW roof and canopy mounted photovoltaicsystem located on and interconnection to Municipal Services Complex as set forth in Exhibit A ofthis RFP. The Company shall be responsible for financing, owning, designing, permitting,acquiring, constructing, installing, operating and maintaining the Renewable Energy Project, all inaccordance with the terms set forth on Option 1 Proposal Form (Exhibit F-la of the RFP),
specifically, and all provisions of the RFP, generally.
"Proposal Option 2" or "Option 2" (elective) includes all requirements outlined in Option 1 ofthis RFP, and electric vehicle charging stations and associated infrastructure. The electric vehiclecharging stations and associated infrastructure shall, at a minimum, meet the following
requirements;
• Two (2) Networked Level Two charging stations, each independently operable and capableof at least 10KW of vehicle charging each simultaneously, with the associated electrical
improvements.
• The EV charging solution shall, at a minimum provide a web-based interface for trackinghistory, usage (including kwhrs dispensed with timestamps), authorized useradministration, and any other operational or management functions required.
• The EV charging solution shall include, at a minimum, a three year manufacturer swarranty, and all network charges, licenses, or other fees for three years of operation. Any
ongoing expenses that may be required after the initial three year period must be clearlyidentified in the proposal.
• In addition to the infrastructure (conduit, conductors, termination panels, protectivedevices, etc) required for the two initial stations, that infrastructure must also includeadditional capacity electrical improvements and conduits to allow for seamless installationof six (6) additional L2 stations, each independently operable at 10KW or highersimultaneously, and at least one Level Three DCFC fast charging operable at 150KW, inthe same location. Infrastructure must be installed out to mounting pedestals for futureuse, so as to eliminate the need for future site work when additional L2 stations areinstalled.
® All EV charging stations, and associated infrastructure, shall be owned free and clear byJersey City once the solar system enters commercial operation.
The Successful Respondent shall be responsible for fmancing, owning (with the exception of the
EV chargers and associated infrastructure), designing, permitting, acquiring, constructing,installing, operating and maintaining the Renewable Energy Project, all in accordance with theterms set forth on Option 2 Proposal Form (Exhibit F-lb of the RFP), specifically, and all
provisions of the RFP, generally.
"Proposal Option 3" or "Option 3" (elective) includes all requirements outlined in Option 2 ofthis RFP, and, and a resUlency solution that includes an energy storage system and associatedswitchgear and controls that enables independent backup operation for the entire DPW site (notjust critical circuits). The energy storage system and associated infrastructure shall, at a minimum,allow the site to separate (island) from the public grid, so that the solar energy system, the energy
storage system, and existing generation assets on the site can fully power the site independent ofthe public grid. The design of the resiliency solution may make use of electricity storage closelymtegrated with (and connected "behind") the solar mverter, as a stand-alone asset on the site, oras a grid-connected ("in front of the meter") resource that is available for use by the site duringgrid outages. Any storage assets behind the site meter will not be permitted to operate in anyancillary market, but grid-connected storage assets may participate in ancillary markets and anyassociated revenues retained by the respondent. The Resiliency Solution must size the storagesolution to maximize use of solar generation, and engage fueled generation assets only whennecessary to minimize fuel use during an outage.Option 3 proposals shall include the following:
a specifications and a manufacture datasheets for the equipment and systems included
• a description of the architecture and operation of the system during normal operatingmodes and when the grid is down, with detailed description of any transition (to and from
island mode);® the location of the energy storage system, i.e. as part of the solar inverters, behind the
meter standalone asset, or front of the meter asset;
® At least a 10 year warranty shall be provided for the storage solution, and maintenanceand operations support for the Resiliency Solution overall for the term of the PPA;
® a description of the expected market streams and revenue sources, if applicable;
® a description of the energy storage system's interaction with the existing diesel generatorsand proposed solar project.
• A detailed description of all system components, including islanding equipment,
switchgear, additional conductors, termination equipment, protection equipment, controlsand interfaces, and sensors required, along with any modifications to be made to existinginfrastructure (if any);
The Successful Respondent shall be responsible for financing, owning (with the exception of theEV chargers), designing, permitting, acquiring, constructing, installing, operating and maintainingthe Project, all m accordance with the terms set forth on Option 3 Proposal Form (Exhibit F-lc),specifically, and all provisions of this RFP, generally.
8
The Successful Respondent and the City will enter into a PPA for 15 years, the maximum durationpermitted by State law, under which Jersey City will purchase the electricity produced from theSystems at a fixed rate per kWh. The PPA rate must be less than the local utility electric tariff inits initial year. It is anticipated that the Successful Respondent will finance the project through acombination of revenues derived from the sale of the electrical output of the Systems to the City,the sale of Solar Renewable Energy Certificates ("SRECs") in the competitive SREC market,federal tax benefits (i.e. both investment tax credits and accelerated depreciation) and investorcapital. At the end of the PPA term, the City will have the following three options:
1. Have the Systems removed at the Successful Respondent' s expense; or
2. Renegotiation of an extension to the PPA, if allowable by law; or3. Purchase the Systems, by the City, at fair market value ("FMV"),
Proposals were evaluated on the basis of price and non-price criteria, in accordance withcompetitive contracting provisions of the Local Public Contracts Law, specifically, NJ.S.A.40A:11-4.1 etseq.. which is considered; LFN 2008-20, dated December 3, 2008, Contracting forRenewable Energy Services', BPU protocol for measuring energy savings in PPA agreements(Public Entity Energy Efficiency and Renewable Energy Cost Savings Guidelines, dated Februaiy20, 2009); LFN 2009-10, dated June 12, 2009, Contracting for Renewable Energy Sei-vices:Update on Power Purchase Agreements, and all other applicable law. Components of the RFP areas follows:
a) Systems Sizes
A preliminary feasibility assessment was performed by the City's energy consultant, GabelAssociates, and City's DPW and Engineering personnel to identify the technical potential for solarsystems at the Jersey City Municipal Service Complex. Based upon this preliminary assessment,the Systems, roof and canopy combined, were estimated to have a total capacity of approximately1.155 MW DC. The RFP provided Respondents with twelve (12) months of electric usage dataand utility tariff information for the facility to allow Respondents to calculate system size basedon their preferred methodologies.
b) Pricing and Other Commercial Requirements
The RFP required the Respondents to propose a PPA Price, and an annual escalation rate, if any,for a mandatory Option 1 proposal. The RFP also included Options 2 and 3, which were notmandatory. Respondents were free (and encouraged) to provide other proposals that might offeradditional value to the City.
In addition, all Respondents were required to provide a price adjustment factor to account for anyunforeseen electrical interconnection cost and project development cost increases. Theseadjustment factors provide a controlled way for unforeseen cost changes to be addressed afteraward, if required.
The RFP also contained the City's preferred form PPA, specific standard terms that were to beincluded in the ultimate PPA agreement, as well as standard requirements for bonding, insurance,etc.
c) Technical Requirements
The RFP provided Technical Specifications as well as special site conditions as a preliminaryguide for the Respondents' proposed System. These Exhibits were to be used as the minimum
requirements to satisfy the RFP.
Proposals were required to include the following information about each Respondent:
® Proposal Option 1 - PPA Price Quotation
® Respondent Infonnation/Cover Letter
a Consent of Surety
a Form of Construction Performance Bond
• Agreement for Proposal Security in Lieu of Proposal Bond
• Proposal Bond
» Ownership Disclosure Statement
» Statement of Respondent's Qualifications
» Acknowledgement of Receipt of Addenda» Disclosure of Investment Activities in Iran
® Non-Collusion Affidavit
» Consent to Investigation
• Affirmative Action Compliance/Mandatory EEO Languagea Proposal Checklist® Public Works Contractor Certificate (N.J.S.A 34:11 56.51)
® Notice of Classification• Total Amount of Uncompleted Contracts FormDPMC701
• Business Registration Certificate
d) Evaluation Process
To evaluate proposals, the City organized an Evaluation Team comprised of: Martin Valenti,Acting Automotive Director, Department of Public Works; Brian Weller, LLA, ASIA, Director,Division of Architecture; Drew Banghart, LLA, Supervising Engineer, Division of Engineering,Traffic, and Transportation, Katherine Lawrence, Director, Office of Sustamability; and JohnMercer, Assistant Business Administrator (collectively, "Evaluation Team") with support fromBhavini Doshi, Esq., Legal Department, and Andrew Conte, CMVP and Brian Bizjak ofGabelAssociates, the City's energy consultants.
The Evaluation Team and professional support staff developed the RFP, administered theprocurement process (including site visits, RFP addenda, and written Q&A), determined legalcompleteness and technical compliance of the proposals received, conducted oral interviews with
10
proposing teams, completed a detailed evaluation and proposal ranking, and drafted this consensusEvaluation Report for consideration by the City in makmg an award decision.
The following milestones summarize the RFP development and evaluation process:
• 02/07/18-RFP IssuedB 02/13/18 - Pre-Proposal Conference and Site Tours• 02/20/18 — Formal Written Responses to Questions and Addendum No. 1• 02/24/18- Formal Written Responses to QuestionsB 03/15/18 - Proposals Receivede 04/18/18 - Oral Interviews with Compliant Respondents• 04/18/18 - Meeting of Evaluation Team to Rank Proposals0 05/11/18 - Evaluation Report Issued
11
2. Responses to the RFP
Jersey City received and evaluated three (3) compliant proposals, which provided all requireddocumentation in response to the RFP, listed in Table 2. Each Respondent consisted of a teammade up of, at a minimum, a project developer (typically the PPA Provider) and an Engineering,Procurement and Construction ("EPC") company. Under this structure, the PPA Provider isresponsible for the financing, design, permitting, acquisition, construction, installation, operationand maintenance of the Systems. To accomplish this, the PPA Provider will contract with an EPCto complete the required engineering and construction work potentially as well as other
subcontractors to fulfill the PPA terms and maintain the system.
No proposals were received for proposal Option 3. One alternative proposal was provided, but wasnot evaluated by the Evaluation Team. Table 3 provides an overview of the proposals that weresubmitted to Jersey City and evaluated by the Evaluation Team.
Table 2: Overview of Respondent Teams
PPA Provider
Spano Partners Holdings (Spano)
HESP Solar (HESP)
Onyx Renewable Partners (Onyx)
EPC
Advanced Solar Products (ASP)
HESP Construction (HESP)
Onyx Development Group (Onyx)
Table 3: Overview of Received Proposals
Respondent
ASP/Spano
HESP Solar
Onyx
Option
121212
PPARate($/kWH)
$0.0797
$0.0690
$0.0540
Escalation Rate
1.50%
1.80%
1.30%
System Size (kW)
1,161.27
1,250.22
1,281.49
Attachment 1 is a detailed summary of the key information from the proposal submitted by each
responsive proposing team.
12
3. Decision Making Strategy and Proposal Evaluation MMrix
Evaluation of the proposals was based on point-ranking in a variety of categories, includingfinancial benefits, technical design factors, Respondent experience, commercial factors, diversityand other relevant factors. The full Evaluation Team together developed a consensus ranking ofeach proposal within each evaluation category, leading to an overall score for each proposalbetween 0 and 100. The proposal with the highest score in each Option represents the strongestweighted-balance of all factors considered.
Economic merit, as determined by estimated net savings realized by the project over the term, wasa d.ominant factor in the evaluation. As allowed by Competitive Contracting law, it is not the onlyfactor considered in the evaluation. Other considerations, such as commitment to diversity,required format, and experience are also part of the evaluation. The strongest ranked proposal isbased on a combination of relative economic strength along with these other factors.
The Evaluation Team met after the interviews and reviewed the proposals and clarificationssubmitted by the Respondents. Together as a group, the Evaluation Team ranked each Respondentin each criterion, comparing each Respondents submission to the RFP and to each other. Theeconomic benefit was valued the highest in the Evaluation Matrix and therefore the Respondents'
ultimate ranking depended greatly on the economic benefit of their proposals.
The Evaluation Matrix used for proposal ranking, which was also included in the RFP, is asfollows:
The Evaluation Matrix scoring for each proposal Option are provided in Attachment 2. Thefollowing sections of this Evaluation Report provide a review of the evaluation criteria for eachRespondent and its associated proposal.
13
4. Evaluation: Required Format
The RFP included optional and mandatory proposal submission requirements for content andformat of the written proposals in Section 3 of the RJ7P. The mandatory content listed in RFPSection 3.5 is as follows.
® Title Page® Table of Contents
o Executive Summary/Respondent Information/Cover Letter (Exhibit F"2)
o Scope/Project Approach/General Information
® Objectives
® Project Work plan (including project organization, critical success factors and risks)
® Respondent's Fmancial Information® Technical and ProJect-Related Information
a Assumptions/City of Jersey City Responsibilities
a Project Team Members & Roles/ Sub-contractors
» Proposed Project Schedule
® Project Management Approach
® Operations and Monitoring Approach» PPA Price Quotation Sheet(s) (Exhibit F-l)® All Other Required Forms (Exhibits F-3 through F-14)a Other Submission Requirements
a Supplemental Information
All Other Required Forms included the following:
Exhibit F-3: Consent of Surety FormExhibit F-4: Form of Construction Performance BondExhibit F-5: Agreement for Proposal Security In Lieu of Proposal Bond*Exhibit F-6: Proposal Bond*Exhibit F"7: Ownership Disclosure StatementExhibit F-8: Non-Collusion AffidavitExhibit F-9: Consent to InvestigationExhibit F-10:. Statement of Respondent's QualificationsExhibit F-l 1: Acknowledgement of Receipt of AddendaExhibit F-12 Affirmative Action Compliance Notice/EEO Mandatory LanguageExhibit F-13 Disclosure of Investment Activities in IranExhibit F-14 Proposal Checklist
* Respondents could submit either Form F-5 or Form F-6.
The Evaluation Team then determined the extent to which the proposal submissions included therequired sections. It was determined by the Evaluation Team that all Respondents had submittedthe required/mandatory forms and formatted their submissions appropriately. All threeRespondents were give the full five (5) points for this criterion.
14
5. Evaluation: Financial Benefits
Jersey City realizes economic benefits from the installation of a solar project through the energycosts savings generated by purchasing electricity from the solar project through a PPA at a costlower than the cost of electricity that would otherwise be delivered by and/or purchased from thelocal electric utility (otherwise referred to as 'grid-sourced' electricity).
To calculate the potential energy cost savings for the City, Gabel Associates prepared a forecastofgrid-sourced electricity (the sum of forecasted delivery rates under the local utility tariff rate forPSE&G) over the term, as well as the forecasted cost of grid-sourced power supply (for both thirdparty supplier rates and Basic Generation Service ["BGS" or default service] rates) over the term,and compared those values to the PPA rates proposed by each Respondent combined with the costof the remaining electricity that will still need to be purchased after the installation of the System.The difference between the forecasted cost of grid-sourced electricity (considering only those costcomponents that are offset as a result of purchasing solar energy from the Successful Respondent)and the PPA rate is multiplied by the guaranteed solar output to yield the projected savings inenergy costs realized over the PPA term.
All Respondents provided System production estimates based on industry accepted solarproduction estimation tools. These estimates are used to calculate potential savings and to calibratethe production guarantee that will be included in the ultimate PPA. The proposals received fromASP and HESP included PVWatts (a solar production estimation tool from the U.S. Departmentof Energy's National Renewable Energy Laboratory designed to calculate the solar generationbased on geography and system size) that did not match the values provided in their PPA QuotationSheets. The PVWatts data provided by ASP and HESP were less than 0.5% from the productionestimates submitted PPA Quotation Sheets. The solar production estimates provided fromPVWatts, an industry accepted solar tool, were utilized in the economic analysis for eachRespondent. The monthly production estimates that are provided on the PVWatts estimates arenecessary in calculating the potential savings Jersey City will receive.
The Gabel Associates' forecast of the local utility delivery tariff rates and the cost of grid-sourcedpower is the result of a detailed analysis of the delivery tariff and the market costs for powersupply, by component, over the term of the PPA. Jersey City currently procures electricity from acompetitive third party electric supplier through a cooperative pricing system, and GabelAssociates has also considered this when conducting the analysis of the total cost of grid sourcedpower. This detailed analysis takes into account the following factors:
1. The components of the utility delivery tariff rate that are not avoided as a result of the solarInstallation. For example, the customer charge and the major portion of the demand chargesare not avoided through the purchase of solar energy generated by the System.
2. The components of grid-sourced power supply costs that are only partially avoided by a solarinstallation; for example, peak capacity and transmission obligations.
15
3. The most recent energy market fundamentals (i.e.. New York Mercantile Exchange("NYMEX") futures, Energy Information Administration ("EDV') long term escalation rates,and environmental and Renewable Portfolio Standard ("RPS") programs such as the SREC
program) are incorporated to provide the best indication of future energy market prices.
4. The impact of future energy costs as a result of national, state, and regional environmentalinitiatives.
5. The impact that general energy market escalations will have upon long-term energy prices.
6. The Respondents submitted guaranteed production values, the City's current strategy forpurchasing electricity, and the amount of DPW usage that would be offset by the installation
of solar.
7. The value and accounting of net metered, excess generation
All Proposals were evaluated based on the Net Present Value ("NPV") of benefits, which is awidely adopted methodology that recognizes the time value of money and the opportunity cost ofcapital to Jersey City. To calculate the NPV benefits provided by each proposal, Gabel Associatesutilized the amount of electricity each Respondent's proposed System would generate accordingto PVWatts (i.e., based on the guaranteed solar production during the term of the PPA) multipliedby the per-kWhr savings (difference between the solar PPA rate and the average cost of grid-sourced power avoided by on-site solar generation — otherwise referred to as the 'solar price-to-
compare'). All savings in future years are discounted back to present value using a 5% discountrate for the NPV calculations. Note that NPV is a function not just of the first year PPA rate andthe amiual escalator, but also of the size of the System and the fraction of the utility purchasedisplaced by solar generation (considering the solar production guarantee in each proposal).
As noted above, Jersey City currently purchases electricity through a third-party supplier. SouthJersey Energy. Once the solar project is in service, the System will produce approximately 87% ofthe electricity needed for the Facility and during certain months of the year the System will producemore electricity during the on-peak hours than the building may use causing excess productionwhich is valued differently by PSE&G than a third party supplier. Third party suppliers typicallydo not provide accounting or payment for it excess generation, while PSE&G is required to providecredits for the full retail value of excess generation and then pay the accountholder the wholesaleelectricity value for any excess generation remaining in the account at the end of the year.
Therefore, after the System is operational, it may be prudent to review continued participation withthird party supply for this particular electric account and consider a transition back to defaultsupply (known as BGS) at the end of the City's current contract commitment. While the costbenefit analysis suggests that this would be the best course of action for Jersey City to maximizesavings from net metering excess generation, the final decision can be made as the project nearscommercial operation. The savings calculated from the economic analysis were determined basedon a comparison of forecasted BGS supply costs for the remaining electricity purchased by the
16
City after the installation of solar to forecasted third party supply costs for electricity if the City
continued the current purchasing strategy without solar.
Gabel Associates' economic evaluation, based on the sources and factors listed above, utilizedcurrent utility tariff prices and current energy market conditions and applied assumed annualescalation rates for different portions of the distribution tariff and grid-sourced power supply (thirdparty supply) components, in order to compare each of the PPA pricing proposals to electricitycosts under a 'non-solar' electricity price scenario. All proposals were benchmarked against thesame 'non-solar' electricity price scenario. In preparation of the forecast of the future prices forgrid-sourced electricity, the annual escalation rates applied to the various cost components rangeconservatively from a low of 0.0% (flat) to as high as 3.0%. The economic evaluation consideredfirst-year, second-year, and amiual nominal (non-discounted) savmgs, as well as NPV savings over
the full 15-year term.
In the results of the Economic Analysis, the estimated savings in Year 1 are significantly lowerthan those estimated Year 2 and onwards. This disparity in savings is due to a one-year lag incapacity and transmission reductions on a customer's utility bill. Transmission and capacity valuesare downwardly adjusted once every year, based on the customer's demand for the previous year.For that reason, more savings are recognized after the solar system has already been in place forone year. In the summary of the economic analysis results (see Attachment 3), both Year 1 andYear 2 saving estimates have been provided to offer a more realistic estimation of potential annualsavings for the lifetime of the system, which can be seen in Year 2.
Each proposer was evaluated based on their proposal submissions for Option 1 and Option 2. ThePPA rate, solar system size, production value, escalation rate, and adjustment factor for allproposers was identical between each option, having no impact on the calculated economics. Theeconomic analysis results depict the estimated savings Jersey City may realize from eachRespondent, regardless of which Option is selected.
The Evaluation Matrix contains 50 points for Financial Benefits, which are awarded proportlonallybased on 15-year NPV. The proposal with the highest NPV is awarded the full 50 points foreconomic merit, and the remaining projects within the group are awarded points in proportion totheir savings NPV relative to the best proposal in the group. The proposal received from Ony?cprovided the highest potential savings at an NPV of $915,358 and are awarded the full 50 pointsfor this criterion. The proposal received from HESP provided savings at an NPV of $689,659,giving them 38 points. The proposal received from ASP resulted in savings at an NPV of $552,996,awarding them 30 points. Please see Attachment 3 for a summary of the economic analysis results.
The evaluation of the technical design, approach and, schedule criteria including:
® Technical Design
® Approach - O&M Plan and Project Management< Schedule
Each of these areas will be discussed, reviewed, and an overall rating for each of the respondents'proposals will be given.
The Technical Design in each of the proposals were evaluated based on reviewing the preliminarysystem layout, sizing, system installation, and production as well as the major system components.The following provides an explanation of the review of the solar system layout, sizing andproduction. This Includes a table for each Respondent along with an overview of the systemcomponents that are utilized in each Respondent's preliminary solar design and each component'scompliance with the technical specifications contamed in the RFP.
The Approach to each proposers O&M plan and Project Management was evaluated base ontypical industry responses.
ASP/Suano:
ASP/Spano' s proposal Option 1 and Option 2 for the solar collector were the same size of 1,161.27kW DC. The Evaluation Team compared ASP/Spano's proposed system layout with theconceptual site plan layout that was provided as part of the RFP. The layout proposed byASP/Spano was consistent with the layout provided in the RFP.
The ASP/Spano's proposed system has a guaranteed output of 1,279,876 kWh, which representsninety percent (90%) of their expected total system output. ASP/Spano used PVWatts for theirproduction estimates, below is a summary of the estimated production in their proposal.
ProposalOption
Option 1,Option 2
Total SystemSize: (kW DC)
1,161.27
Expected TotalSystem Output:
(kWh)
1,422,084
Guaranteed TotalSystem Output:
(kWh)
1,279,876
ASP/Spano's proposed equipment from the proposal and compliance to specifications are asfollows:
18
Advanced Solar Products/Spano: Major System Components
PV Modules LONG! Solar - LONGi LR6-72 - 345W YesInverters Sun Grow - SG36KU-M and 60KU-M - String Inverters Yes
- Panel Claw - Polar Bear IIItem ^ . ^ i .
Canopy m Solaire - Long SpanDAS Deck Monitoring Yes
j EV Charging Station* Clipper Creek - HCS Series ______ Yes^
*EV Charging Station is included in Option 2.
ASP/Spano confirmed the use of Tier I materials, either those listed above or equivalent.
ASP/Spano installation of the higher pitched section of the auto shop roof would requireinstallation of a penetrating racking solution. This approach would require many penetrations ofthe roofmembrane.
ASP will provide operations and maintenance service for Spano. Maintenance response time for
normal calls is within 24 hours and emergency maintenance response is within 4 hours of a call.They are expecting to have a couple of site inspection the first year, then going to an annual siteinspection for the remamder of the term. Spano may consider other operations and maintenanceproviders but will ensure similar requirements and safety standards.
ASP/Spano proposed a full-time, on-site project manager, but different stages of the project anddifferent portions of construction (roof & canopies) would have different project managers.ASP/Spano anticipates work closely with The Jersey City to plan and perform the constructionactivities and provide regular progress meetings.
ASP/Spano's schedule provided in their proposal and discussions during the m-person interviewwas consistent with the time frame necessary to complete a project of this complexity and size.
The Evaluation Team's scoring in this category is reflective of the information included inASP/Spano's proposal, as well as the additional information and impressions collected during them-person interview. ASP/Spanowas awarded seventeen (17) out of a possible twenty (20) points
for this category
HESP Solar:
HESP Solar's proposal Option 1 and Option 2 for the solar collector was the same size of 1,250.22kW DC. The Evaluation Team compared HESP Solar's proposed system layout with the
conceptual site plan layout that was provided as part of the RFP. The layout proposed by HESPSolar was consistent with the layout provided in the RFP.
19
The HESP Solar's proposed system has a guaranteed output of 1,312,3 68 kWh, which representsninety percent (90%) of their expected total system output. HESP Solar used PVWatts for theirproduction estimates, below is a summary of the estimated production in their proposal.
Proposal
Option
Option 1Option 2
Total System
Size (kW DC)
1,250.22
Expected TotalSystem Output
(kWh)
1,458,186
Guaranteed TotalSystem Output
(kWh)
1,312,368
HESP Solar's proposed equipment from the proposal and compliance to specifications are asfollows:
HESP Solar confirmed the use of Tier 1 materials, either those listed above or equivalent.
HESP Solar installation of the higher pitched section of the auto shop roof would requireinstallation of a penetrating racking solution. This approach would require many penetrations ofthe roofmembrane. During the in-person interview there appeared to be a lot of confusion as tohow and what type of decking was going to be installed on the canopy structure as well.
HESP indicated that they will be self-performing the operation and maintenance for this project.They will be using their real-time monitoring system to track key performance indicators and willrespond quickly in the event of a component failure. HESP indicated that normal response timeswould be in the next day while the response time for emergency calls would be 1 to 5 hours. HESPanticipates a minimum of two service inspections per year.
HESP Solar has provided evidence of an acceptable project management approach. Their proposalincludes multiple layers of oversight and regular communications of plans, progress, andimpediments. The HESP Solar, team did indicate that an on-site foreman would be there andwould be overseen by project manager that may be remote for the construction. HESP Solar,
20
anticipates work closely with The Jersey City team to plan and perform the construction activitiesand provide regular progress meetings.
HESP Solar's schedule provided in their proposal and discussions during the in-person interviewwas consistent with the time frame necessary to complete a project of this complexity and size.
The Evaluation Team's scoring in this category is reflective of the infomiation included in HESPSolar's proposal, as well as the additional mfomiation and impressions collected durmg the in-person interview. HESP Solar was awarded fifteen (15) out of a possible twenty (20) points forthis category
Onvx:
Onyx's proposal Option 1 and Option 2 for the solar collector was the same size of 1,281.49 kWDC. The Evaluation Team compared Onyx's proposed system layout with the conceptual site planlayout that was provided as part of the RFP. The layout proposed by Onyx was consistent withthe layout provided in the RFP.
The Onyx's proposed system has a guaranteed output of 1,414,171 kWh, which represents ninetypercent (90%) of their expected total system output. Onyx used PVWatts for their productionestimates, below is a summary of the estimated production in their proposal.
Proposal
Option
Option 1,Option 2
Total SystemSize (kW DC)
1,281.49
Expected Total
System Output(kWh)
1,626,857
Guaranteed TotalSystem Output
(kWh)1,464,171
Onyx 's proposed equipment from the proposal and compliance to specifications are as follows:
Racking System AerocompactDAS Campbell Laboratories - Onyx's own systemEV Charging Station*
Compliance withProject Technical
Specifications
Yes
YesYesYes
;i;EV Charging Station is included in Option 2.
21
Onyx confirmed the use of Tier 1 materials, either those listed above or equivalent, and theequipment selection is in compliance with the RFP.
Onyx- installation of the higher pitched section of the auto shop roof may require some penetrationson the north side of the array only. This would be reviewed and discussed before any final decisionwas made to penetrate the roofmembrane.
Onys indicated that they will be self-performing the operation and maintenance for this project.They will be using their real-time monitormg system to track key performance indicators and willrespond quickly in the event of a component failure. Onyx indicated that normal response timeswould be in the next day while the response time for emergency calls would be 1 to 5 hours. Onyxproposed quarterly O&M site visits and one preventative maintenance service inspection per year.
Onyx has provided evidence of an acceptable project management approach. Their proposalincludes multiple layers of oversight and regular communications of plans, progress, andimpediments. The Onyx, team did indicate that an on-site foreman would be there and would beoverseen by project manager that may be remote for the construction. Onyx, anticipates workclosely with The Jersey City team to plan and perform the construction activities and provideregular progress meetings.
Onyx's schedule provided in their proposal and discussions during the in-person mterview wasconsistent with the tune frame necessary to complete a project of this complexity and size.
The Evaluation Team's scoring in this category is reflective of the information included in Onyx sproposal, as well as the additional information and impressions collected during the in-personinterview. Onyx was awarded Eighteen (18) out of a possible twenty (20) points for this category.
22
7. Evaluation: Provider Profile and QualificationsEach Respondent was evaluated on experience, which includes the following sub-categories:
® Contractor Experience
® Project Expertise
® Financial Capability
a) Contractor Experience
The Contractor Experience category focuses specifically on the project team's EPC firm and itslikely subcontractors, relative to their experience with solar work in New Jersey, and specificallywork completed at local government sites.
ASP/Spano:
Advanced Solar Products ("ASP") was indicated by the ASP/Spano's team as their EPC contractorfor this project. ASP is one of the oldest New Jersey-based solar EPC companies in continualoperation (1991). It has extensive solar industry experience that includes Installation of over 270solar systems throughout the country totaling over 60 MW. All project development, includingdesign and procurement, will be done in-house or by engaging subcontractors. All electrical workwill be completed by ASP's subcontractor, A.J. Maglio, Inc. ("Maglio"). Maglio has been inbusiness since 1958 and has years of experience performing solar electrical work. Furthermore,ASP/Spano plans to contract with French and Parrello Associates ("FPA") to handle all local andenvironmental permitting efforts and provide structural engineering support. FPA has been inbusiness smce the 1970's and has worked with ASP in the past Including ASP's most recent
projects.
HESP Solar:
HESP Construction, a wholly owned subsidiary of HESP Solar, will be the EPC and projectmanager, overseeing all engineering, procurement and construction work as well as providing
operations and maintenance activities. KMB Design Group will serve as the solar and electricalengineer of record. They will be responsible for all electrical designs, evaluation of roof structureand other civil engmeermg tasks. Furthermore, electrical construction work will be done by MetrixElectric, an electrical contractor based in New Jersey.
HESP's personnel has extensive solar industry experience, both in the commercial and publicsector. As per its proposal, it has built over 100 projects totaling 30 MW of power capacity in thepast five years, out of which 15 MW was built under the HESP Solar name in the last 3 years.HESP Solar and more so HESP Construction as companies have limited history of projectexperience, however they appear fully capable of delivering successful public projects.Nevertheless, HESP has less experience when compared to the other Respondents.
This includes projects developed as both HESP Solar LLC and Hudson Energy Corp.
23
Onyx Development Group:
Onyx indicated during the interview that it will serve as the EPC contractor that will develop,finance and oversee construction of the project. Onyx- is a wholly owned subsidiary of OnyxRenewable Partners. Collectively the Onyx team has developed and installed over 1 GW orrenewable projects throughout the United States. Onyx's proposal indicated that Miller Brotherswould be the electrical contractor. Miller Brothers, a Pennsylvania-based contractor has been inbusiness since 1989. Currently it employs staff of over 500 electricians, engineers, projectmanagers and other staff. So far, Miller has completed over 300 MW of solar installations andcurrently manages over 900 MW.
b) Project Experience
The Project Experience category focuses on the assembled teams experience in developing,procuring and installing solar.
ASP/Spano:
The ASP/Spano consists of highly experienced individuals that worked independently on a largenumber of projects in developing, constructmg, and operating public solar projects in the state ofNew Jersey as well as solar projects in other states. As a team, ASP/Spano has completed severalinstallations in New Jersey, including the following:
• Toms River School District, Toms River, NJ (7 Schools)
• Lawrenceville Prep School, Lawrenceville, NJ
® Franklin School District, NJ (Hunterdon County) (1 School)® Raritan Center, Edison, NJ
« Evesham Township School District, Evesham (Marlton), NJ
• Costco, Manahawkin, NJ
In addition, ASP has been a pioneer in integrating solar energy systems with other technologiessuch as battery storage. These projects can be of great benefit to the PV system owners as theyprovide emergency power and allow participation in the PJM frequency regulation market.
HESP Solar:
HESP Solar has experience with developing, constructing, and operating public school solarprojects in the state of New Jersey as well as solar projects in other states. HESP Solar hascompleted a number of installations for public clients in New Jersey. An extensive list of theircompleted projects was included in tiheir Proposal, and some of their NJ-based projects include thefollowing:
• East Greenwich Cooperative, Mickleton, NJ (4 municipal sites)
24
® Manchester "Haledon City, Haledon, NJ (2 schools)
• South Bmnswick School District, South Brunswick, NJ (14 schools)
• Stafford School District, Stafford, NJ (5 schools)
® Jackson Landfill, Jackson NJ
® Mt. Arlington Landfill, Mt. Arlington, NJ
• Morris County Solar 2, Morris County, NJ (9 municipalities)• Tenafly School District, Tenafly, NJ (3 schools)
o Plumsted School District, New Egypt, NJ (2 schools)
HESP has considerable experience developing and constructing PV Solar projects in New Jerseyand but in.comparison to the other Respondents, HESP was not the most experienced.
Onyx and Miller Brothers have extensive experience developing projects for public clientsthroughout the country. The majority of that experience is with California school districts. In NewJersey, Onyx has completed projects at New Brunswick Board of Education (8 sites) and the SouthHunterdon Regional Energy Cooperative (ground-mount). In addition, OnyK has completedseveral large, commercial projects for private clients in New Jersey.
Miller Brothers' specializes primarily in utility scale medium voltage, substation and transmissionconstruction. It recent experience include a 49 MW substation, 8 MW battery storage installation,an 18 MW single-axes solar tracker system and 8 MW gas peaker plant.
Onyx and Miller Brothers have considerable experience developing and constructing PV projectsbut in comparison to the other Respondents, Onyx was not the most experienced in New Jersey.
c) Financial Capability
In order to determine the financial capability of the Respondents, the Evaluation Team took intoaccount whether the Respondent has sufficient financial resources to meet its obligations, whetherthe Respondent's financial stability and creditworthiness are well documented, whether the
Respondent has secured the necessary fmancing to complete the project, and whether theRespondent included adequate evidence of its financial ability to meet the obligations requiredunder the project.
Financial information was solicited from all the Respondents, and this information, combinedinformation solicited during the interviews, was used to assess the financial capability of eachRespondent, which is considered an indicator of project implementation risk. Please note howeverthat the Evaluation Team is not serving as a municipal financial advisor or independent accountantqualified to render opinions on the financial accuracy and financial wherewithal of theRespondents.
Note that evaluation within this category address the proposing entities' capability to finance orcover the projected costs of the development of the solar projects. Respondents included in their
25
Proposals confidential or proprietary information about their finances which have been reviewedby the Evaluation Team but will not be published in this report.
While not all fmancials provided were audited (some were reviewed) by certified accountants, allRespondents provided sufficient evidence through their proposals and clarifications aftersubmission to indicate that they are each financially capable of developing this project. TheEvaluation Team included in their assessment of fmancial capability the source of financing, thissources' history, and proven ability to successfully finance projects. Therefore, Respondents withlarge, recognized financial Institutions were regarded over institution or self-financing due to aperceived increased risk with smaller financing entities.
Scoring
Based on the reasons outlined above the following scores were given to the Respondents in thiscriterion. Due to their extensive solar experience, the ASP/Spano team was awarded fifteen (15)points, the maximum number of points for the category. Due to HESPs experience in New Jerseywith solar projects for public entities and in comparison to the other Respondents, HESP wasawarded fourteen (14) out of the fifteen (15) possible points for this category. Due to a short listof experience in New Jersey specifically, when compared to the other Respondents, OnyK wasawarded thirteen (13) out of the possible fifteen (15) points for this category.
26
8. Evaluation: PPA Commercial Terms, Requested Changes from Form
The City requested that Respondents provide a description of the PPA terms, clearly specify thecontingencies, and a draft copy of the Respondents preferred PPA. None of the Respondents
provided a draft copy of a preferred PPA each Respondent opting instead to specify that theywould work with the City's form PPA that was included In the RFP. During the interviews theRespondents again confirmed that the found the City's form PPA acceptable and that therewould be no contingencies around financing the project. The City, the RFP, and the PPA processall incorporate the understanding that the Systems will be fully engineered and designed after theaward and execution of the PPA, therefore designs and system sizes may change over time.Based on these responses and the Respondents' willingness to accept the City's preferred PPA,all Respondents received the full five (5) points in this criterion.
9. Evaluation: Commitment to Diversity
The RFP required the Respondents to submit a form demonstrating their commitment todiversity including the support and utilization of Minority and Women Owned Busmesses. AllRespondents provided the proper documentation with their submissions and therefore have eachbeen awarded the full five (5) points in this criterion.
10. Options
As described in the previous sections of this report, three (3) proposal options were included in theRFP (with Option 1 mandatory and Options 2 and 3 elective). "Option 1" as set forth in Section 4of the RFP, which included roof and canopy mounted photovoltaic systems to be developed andinterconnection to the Municipal Services Complex of Jersey City. The RFP also included two (2)elective proposal options. "Option 2" consisted of the roof and canopy mounted systems requiredin Option 1 with the inclusion of electric charging stations and associated infrastructure. Option3" included the systems contained in Option 1 and Option 2 along with a resiliency solution thatincludes an energy storage system and associated switohgear controls that enables independentbackup operation for the entire DPW site (not just critical circuits). Only "Option 1" and "Option2" were considered for the final evaluation.
All three Respondents include proposals on Options 1 & 2. Option 2, as explained above, includesthe PV systems of Option 1 and electric vehicle charging stations with the associated infrastructurefor these and a number of future charging stations. Having no difference in price from anyRespondent for Options 1 and 2, the Evaluation Team values the additional benefits of the electricvehicle charging stations and infrastructure greater than the value of just the PV systems. Thereforethe Evaluation Team recommends Option 2 be chosen as the Option to award the PPA.
27
11. Sensitivity Analysis
As noted in Section 4, economic merit is based on a detailed analysis of current and forecastedrates for grid-supplied electricity as compared with the proposed solar PPA rate of eachRespondent. These results are used to estimateaNPVofsavingstotheCity over the 15-yeartermof the agreement. The assumptions in this analysis affect the estimated savings, and actual savingscould be higher or lower than projected depending on actual utility costs over time. Note thatvariations in these assumptions do not affect the ranking of proposals since all proposals areaffected equally. However, deviations of actual utility rate costs from projected values will impactthe actual savings realized by the City. For the baseline case used in the analysis, substantialsavings are projected to be realized.
To assess how vulnerable the savings are to the scenarios of unforeseen project costs, sensitivityanalyses were completed for each proposal. In addition, sensitivity analyses were run testing theguaranteed production vs. estimated production, and savings with or without a third-partysupplier after the installation of the solar. The results of the unforeseen project cost adjustmentfactor sensitivities can be found in Attachment 4. As would be expected, with less productionand/or a lower cost of electricity, the savings were lower and vice versa.
28
12. Recommendation
The RPP process attracted a competitive range of proposals. Following a legal and technicalreview, four (4) proposals were determined to be complete and legally and technically compliantwith the requirements of the RFP. Dobtol/Altus elected to decline the invitation from theEvaluation Team to an interview and instead withdrew their proposal. ASP/Spano provided analternative proposal option that was not considered. Proposals for Options 1 & 2 from the three (3)remaining Respondents were evaluated by the Evaluation Team.
The economic analysis indicates that the solar project will provide substantial savings to JerseyCity, compared with continuing-the current purchase strategy for electricity over the 15-ye,ar term.
If the City decides to purchase the system at the end of the term (based on a fair market valuedetermination), there will likely be strong economic value for the remaining operating life of theequipment (estimated to be an additional 10 years or more). The predictable price of solarelectricity also provides a hedge against future price increases of utility supply. Based on theseeconomic considerations, and the results of the economic analysis, the Evaluation Team believesthat the implementation of a solar proj ect would be beneficial for tlie district.
In addition to economics, there will be other benefits to the City, including reduced carbonfootprint, points in the Sustamable Jersey program, and a unique asset for community engagement.If Option 2 is awarded there will be the additional benefit of electric vehicle charging stations andfutureproof infrastructure.
All proposals under the mandatory Option 1 and elective Option 2 provide savings, measured asthe difference between the solar PPA rate and what it would cost to purchase the same electricityunder the current purchase strategy, including third party supply pricing and utility costs.
The strongest ranked proposal under Option 1 or 2, from Onyx Renewable Partners, woulddecrease electricity costs by approximately $93,566 in the first two years, and provides anapproximate 15-yr Net Present Value of savings of $915,358.
The Evaluation Team finds that the proposals; deliver meaningful savings for the City, arecompetitive with current market practice, are from qualified Respondents, and deliver benefitsthat are significant. Based on an evaluation of price and other factors, the Evaluation Teamrecommends that Onyx Renewable Partners Proposal Option. 2 be selected by the City as theSuccessful Respondent to the RFP, and that Onyx Renewable Partners be awarded the PPA.
29
Attachment 1 - Summary of Proposals
Respondent
ASP- Option 1
ASP- Option 2
HESP-Option
1
HESP-Option
2
Onyx- Option
1
Onyx- Option2
PPA Rate
($/kWhl
$0.0797
$0.0797
$O.OE9D
$0.0690
$0.0540
$0.0540
Escalation
Rate
1.50%
1.50%
1.30%
l.BO%
1.30%
1.30%
Roof/Canopy
Roof
Can py
System Size
385.02
776.25
Expected
Output
482,151
940,892
Roof | 385.02 | 4S2,1E1
Canpy | 776.25 | 940,892
PtusCharging Stations
Roof | 506.85S I 590,205Canopy | 743.365 | 8G8,07G
City of Jersey CityCertification of No Conflict of InterestCompetitive Contracting Evaluation: Solar Power Purchase Agreement 13-15 Linden Ave>
I hereby certify that I have reviewed the conflict of interest standards in tt^e Local GpvernmentEthics Law pr the Scirool Ethics Act, as appropriate, and that I do not have a conflict of interestwith respect to the evaIuEition of this proposal (these proposals). I further certify that I am notengaged m any negotiations or arrangements for prospeetlve employment or association with anyof those submitting proposals or their parent^ or subsidiary organization.
Print Name
Note: The Local Government Ethics Law is N.J.S.A 4QA:9-22.1 ef seq and can be reviewed onthe State bfNJ Legislative Website. at hftp://v^v^v.n(leg.state.nl.us/. Click on "Statutes'^ and enter"40A:9-22.l" in the SearcTi Box.
City of Jersey CityCertification of No Conflict of InterestCompetitive Contracting Evaluation: Solar Power Purchase Agreementu 13-15 Linden Ave.
I hereby certify that I have reviewed the conflict of interest standards In the Local GovernmentEthics Law or the School Ethics Act, as appropriate, and that I do not have a conflict of interestwith respect to the evaluation of this proposal (these proposals). I further certify that I am notengaged in any negotiations or arrangements for prospective employment or association with anyof those submitting proposals or their parent or subsidiary organization.
^ASignature ^ .Bate
^f^
Note: The Local Government Ethics Law is N.J,S.A 40A:9"22.1 el seq and can be reviewed onthe State ofNJ Legislative Webs ite at http ://www.ni Ice. state, ni. us/. Click on "Statutes and enter1<40A:9-22.1" m the Search Box.
City of Jersey CityCertification of No Conflict of InterestCiompetitive Contractirt^ Evaluation: SQlar Power Purchase Agreement -13-15 Linden Ave.
1 hereby certify that I have reviewed the conflict of interest standards irs the Local GovernmentEthics Law or the Sehool Ethics Act, as appropriate, and that 14o not have a conflict of interestwith respect to the evaluation of this proposal (these proposals^ I further certify that I am notengaged in any negotiations or arrangements for prospective employment or association with anyof those submitti ng proposals or their pfti'ent or subsidiaiy organ izati on.
,<x\-^^ Vale^-V-.
Print Name
.//^/7! .-A- -) ///.^-/-.^-3
f^.M) /^.w^c^ n-z-1§Signature Date
Note; The Local Government Ethics Law isNJ.S.A40A:9-22<l efseqand can be reviewed onthe State ofNJ Legislative Website at hrtp://www.nile5.siate.nuis/. Click on "Statutes" and enter((40A:9-22.1" in the Search Box.
City of Jersey CityCerfificafion ofNo Conflict of InterestCompetitive Contracting Evaluation: Solar Power Purchase Agre&ment -13-15 Linden Ave^
I hereby certify that I have reviewed the cortflict of Interest standards in the Local GovernmentEthics Law or the School Ethics Act, as appropriate and that I do not have a conflict of interestwith respect to the evaluation of this proposal (these proposals), I further certilythat I am hotengaged in any negotiations or arrangements for prospectrve employment or associEition witli anyof those submitting proposals or their parent or subsidiary organization.
T^AJ^^r-Print Name
^Qate
Note: The Local Government Ethics Law is NJ.SA 40A:9"22J ef seq and can be reviewed onthe State ofNJ Legislative Website at hltp://www.njle2.state.ru.us/. Click on "Statutes" Eind enter"40A:9"22.1t! in the Search Box.
City of Jersey CityCertification of No Conflict ofluterestCompetitive Contracfing Evaluation: Solar Power Purchase Agreement - 13-15 Linden Ave.
1 hereby certify that I have reviewed the conflict of interest standards in the Local Govemmen.tE^ucs Law or the School Ethics Act, as appropnat&, and that I do not have a conflict of interestwith respect to the evahiat.ian of this proposal (these proposals). I further certify that I am notengaged in any negotiations or an'iangerhisnts for prospectivp einployment or association with anyof those submitting proposals or their parent or subsidiary organization.
^^f\JPrint Name
Signature bate
Note: The Local Government Ethics Law isNJ,S.A40A;9"22.1 eiseqm^ can'be reviewed onths State ofNJ Legislative Webslte at http://\v\vw.nUeg.state.ni.usA Click on, "Statutes" and enterls40A:9-22.1" in the Search Box.
City of Jersey CityCertifi,cati<m of No. ConfUct of InterestCompetitive Contracting Evahiattbn: Solar Power Purchase Agreement - 13-15 Linden Ave.
I h&reby certify that I liave reviewed the conflict of Interest standards In the Local GovermnentEthics Law or the School Bthics Act, as appropriate, Eiad that I do not have a conflic.t of interestwith respect to the evaluation of this proposal (these proposals). I further certify thst I am notengaged in any negotiations or arrangements for prospective employj'nenf or association with anyof those submitfing proposals or their parent or subsidiary organization.
ZL J/lhdr^ J. c^^+ri^fir/. i . J I ^.
Print Name
//I //</g?~y /
Signature Date
Note; The Local Goyernment EthicsL^ isNJ.S.A 4QA:9-22.1 eiseq and can be reviewed pnthe State of NT Legislative Webslte at http://www,nHeg.state.ni.us/. Click on "Statutes" and enter"40A:9-22.l" in the Search Box.
City of Jersey CityCertification of No Conflict of InterestCompetitive Contracting Evaluation: Solar Power Purchase Agreement -13-15 Linden Ave.
I hereby certify that I have reviewed the conflict of interest standards in the Local GovernmentEthics Law or the School Ethics Act, as appropriate, and that I do not have a conflict of interestwith respect to the evaluation oftlus proposal (these proposals). I further certify that I am notengaged in any negotiations or arrangements for prospective employment or association with anyof those submitting proposals or their parent or subsidiary organization.
^i^^/nl /l^ofiiiPrint Name
^-T^^--^ — Wj Q j Ze,j8Signature ' Date'
Note; The Local Government Ethics Law is N.J,S.A 40A:9-22.1 ei seq and can be reviewed onthe State of NJ Legislative Website at http;//www.njieg.state.ni, us/. Click on "Statutes" and enter"40A:9-22.r in the Search Box.
City of Jersey CityCertification of No Conflict of InterestCompetitive Contracting Evaluation: Solar Power Purchase Agreement -13-15 Linden Ave.
I hereby certify that I have reviewed the conflict of interest standards in the Local GovernmentEthics Law or the School Ethics Act, as appropriate, and that I do not have a conflict of interestwith respect to the evaluation of this proposal (these proposals). I further certify that I am notengaged in any negotiations or arrangements for prospective employment or association with anyof those submitting proposals or their parent or subsidiary organization.
^HwTn'£// L&L^^enc^
&'Dari
Note: The Loc?il Government Ethics Law isN.J.S.A40A;9-22.1 ef seq and can be reviewed onthe State ofNJ Legislative Website at http;//www.nile.s.state.n_i.us/. Click on "Statutes" and enter
"40A:9-22.111 in the Search Box.
City Clerk File No. Res. 18-504
Agenda No. _lo*z*6
Approved: _MAY 2 3 2018
TITLE: \ \^1
RESOLUTION RATIFYING A CONTRACT AWARD TO ROYAL PRINTING^SS^-SERVICE FOR PRINTING OFFICIAL ELECTION MACHINE AND SAMPLE
BALLOTS FOR THE PRIMARY ELECTION ON JUNE 5, 2018
COUNCIL moved adoption of the following Resolution:
WHEREAS, the City of Jersey City (City) requu'ed printing services for the printing of ballots and supplies forthe June 5, 20 IS primary election; and
WHEREAS, Barbara Netchert, County Clerk, designated Royal Prmtmg Service as the official prmter of theballots for Hudson County; and
WHEREAS, pursuant to N.J.SA. 40A:11-5(1)(1), contracts for goods aud services necessary or required toprepare and conduct an election are exempt from public bidding; and
WHEREAS, Royal Printing Service, P.O. Box 1000, West New York, New Jersey 07093 agreed to provideprinting services for the smn of $78,710.00; and
WHEREAS, funds inthe amount of $78,710.00 are available inAccomitNo. 201-01-201-20-121-305;
P.O. No. ^9266 ' and
WHEREAS, the City is acquirmg these services directly and openly as a statutorily permitted contract pursuant
to the provisions ofN.J.SA. 19:44A-20.5 (Pay-to-Play Law); and
WHEREAS, the City Clerk has determined and certified in writing that the value of the contract wiU exceed$17,500; and
WHEREAS, Royal Printing Service has completed and submitted a Business Entity Disclosure Certificationwhich certifies that Royal Printing Service has not made any reportable contributions to the political or candidatecommittees listed in the Business Entity Disclosure Certification in the previous one year, and that the contract
will prohibit Royal Printing Service from makmg any reportable contributions during the term of the contract; and
WHEREAS, Royal Printing Service has submitted its Certification of Compliance with the City's ContractorPay-to-Play Reform Ordinance 08-128 adopted on September 3,2008; and
WHEREAS, Royal Fruiting Service has submitted a Chapter 271 Political Contribution Disclosure Certificationat least 10 days prior to the award of this contract.
NOW, THEREFORE BE IT RESOLVED, by the Municipal Council of the City of Jersey City that:
1. A contract award in the amo-unt of $78,710.00 to Royal Printing Service for the prmting of official election
machineandsampleballotsfoTtheprimary election of June 5, 2018 is hereby ratified;
2. The contract award is exempt from formal public bidding pursuant to NJ.S.A. 40A:11-5(1)(I); and
Res. 18-504
10.Z.6 23
Continuation of Resolution
City Clerk File No.
Agenda No.
TITLE:
RESOLUTION RATIFYING A CONTRACT AWARD TO ROYAL PRINTINGSERVICE FOR PRINTmG OFFICIAL ELECTION MACHINE AND SAMPLE
BALLOTS FOR THE PRIMARY ELECTION ON JUNE 5,2018
Pg.#
The Business Entity Disclosure Certification, Chapter 271 Political Contribution Disclosure Certification,the Determination of Value Certification, and Certification of Compliance with the City's ContractorPay-to-Play Reform Ordinance, attached hereto, shall be placed on file with this resolution,
The award of this contract is subject to the condition -that Royal Printmg Service provide satisfactoryevidence of compliance with the Affirmative Action Amendments to the Law Against Discrimination,
HLSA, 10:5-31 etseg.
^ Donna Mauer, hereby certify that funds in the amount of
$7^710.00 are available in Account No. 2018-01-201-20-121-305; P.O. No. 129266 for payment of thisresolution.
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
^^Business Administrator Corporation Counsel
Certification Required @j
Not Required aAPPROVED ^-0
COUNC1LPERSONRIDLEY
PRINZ-AREY
BOGGIANO •
AYE
~T_z:7"
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23NAY N,V. COUNCILPERSON
YUN
SOLOMON
ROBINSON
AYE
~J/_~77>/
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
18AYE
yt/
^
NAY N,V.
N,V,-Not Voting (Abstain;
Adopted at a m>eti(ig/qT the Municipal Council of the City of Jersey City N.J.
•R^anj^fR, Lavarro.jr., President of Council
1RESOLUTION FACT SHEET - CONTRACT AWARDThis 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.
Full Title of Ordinance/Resolution
RESOLUTION RATIFYING A CONTRACT AWARD TO ROYAL PRINTINGSERVICE FOR PRINTING OFFICIAL ELECTION MACHINE AND SAMPLE
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
Ratify contract award to Royal Printing Service for printing Official Election Machine and Sample Ballots forprimary election on June 5, 2018
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
$78,710.00 May-June, 2018
Type of award Other exception
If "Other Exception", enter type [Exempt &om public biddine pursuant to N.J.S.A. 40A:1 l-5dVl'l
Additional Information
I certify that all the facts presented herein are accurate.
Signature of Department Director Date
DETERMINATION OF VALUE CERTIFICATION
Robert Byme, of full age, hereby certifies as follows:
1. As City Clerk of the City of Jersey City (City), I am also the Chief ElectionOfficial for the City of Jersey City.
2. The City requires the services of a printer to prepare official machine ballots and
sample ballots for the June 5, 2018 Primary Election.
3. N.J.S.A. 40A:1 l-5(l)(l) of the Local Public Contracts Law mdicates that theaward of contracts for goods and services necessary or required to prepare and
conduct an election are exempt from public bidding.
4. As Municipal Clerk for the City of Jersey City I recommend ratification of thecontract to Royal Printing Service.
5. The estimated amount of the contract exceeds $17,500.00.
6. This certification is made pursuant to NJ.S.A. 19:44A-20.5.
7. I certify that the foregoing statements are true. I am aware that if any of theforegoing statements made by me are willfully false, I am subject to punishment.
Dated: /l/a^ ^ ^iS^Robert Byrq^ City Clerk
G:\WPDOCS\ElecUori\PRIMARV2018\Roya]FrintingV3etermmation of Value Certification-KB-Primary 06.05-18.wpd
CERTIFICATION 0F COMCPLtANCE WITH THE CITy OF JERSEY CITYCONTRACTOR PAY-TO-PLAY REFORM OB3WANCE 08-128 ADOPTEDON S3EPTEMBER3,2008
PART I -Vendor Affinnation ... . .'•.•;
The midersigried, bemg authorized andlmoSvledgeable of tbfe circimistances, does hereby certify. Royal Printing Service_(name of business entity), has not made any reportable .
contributions in the **6ne-year period preceding . ' 2018 (date City .Council.awards contract) that would be deemed to be violations of Section One of the City of Jersey Gity'jsContractor Pay-tb-Play Reform Ordinance, 08-128 (attached:hereto) and fhat,would bar the_award 'of .this contract. I further certify that during the temi of the contract Royal P^nting S.ervice.
(name of busmess'entity) will not make any reportable contributions in violation of Ordinance 08- .128. . , "• ".' " '.'••' " ' ' : . '"v' .. ' • • •• • .' ...
PART H - Signature and Attestatiori: .... . " . ' , '
The undersigned is fully aware that if I have misrepresented m whole'or part this a£6rmation and•certification, I and/or the business entity, will be liable for any penalty pemutted imder law.
Name ofBusyigss Entity:
Signed^
; Royal. Printing Service
Vi&e President
Print Name David W. Passante . 5/03/18
Subscribed and sworn before methis 3 ,davof May , , 2018.My Commission expires:
G;\WPDOCS?ENEU>ay to Play\Pay-i&-Plsy Certificalion following Qrd. OB-!28.wpd •jB^?
BUSINESS ENTITY DISCLOSURE CERTIFICATIONFOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To NJ.S.A, 19:44A-20.8
CITY OFfERSBY CITY
Part I -Vendor Affitmatiop
The utidersigtied, being authorhed and knowledgeable of the circutnstances, does hereby certify tliat the <name of businessefsti{y> has not ma.de and will not make aay tepotta.ble conttibutiotis putsua.tit to NJ.S.A, 19:44A-1 et seq. that, putsuant to
P.L, 2004, c, 19 would bar the award of this contract in the one year period pj-ecedtng (date of award scheduled for approval of thecontract by the governing bocjy) to a-ny of the follo-wiag Gamed candidate committee, joitit candidates committee; or poUticalparty cominittee tepresenting the elected offidals of the <name of entity of elected officials> as dcSn.ed pmsmn-t to NJ,S.A.19;44A-3(p),(q)and(t)_Steven Fzilop for Mayor 2017 _'Lavairo fot Coimcihnan
Friends of Joyce WattermanFriends of Daniel RiveraRidley fot Council
Mira Ptinz-Atey for Council
Fiietids of Richard BoggianoMichael Yun for CouncilSolomon fo£ Council
Friends ofjetmaine Robinson
Part II - Ownetship DisclosUte Certificatioti
I certify that the list below contains the names and home addresses of all owners liolding 10% or more of the issued
and outstaading stock of the undersigned.
Check the box that teptesents the type of business entity;
IPartnership 1—ICorporation LJSole Pj'oprietotship LJSubchapter S Corporation
The undersigned is fuH-y awate that if I have mistepteseo-ted in whole or part this affainationa.fiS- cefdfication, I
and/or the business entity, will be liable for Miy penalty permitted uadet law. ' ;-i .o
Natrie of Business Entity: ^^^y^l Pr^'ti^g__Servi_ce_Signatuxe ofAfflant: _^^^^^ /£^^~~ ^^: vice PresidentPiinted Name ofAffmnt: David W. Passante Date: 5/03/18
Subscribed and sworn before me this _2_ day of
May .2018.
[y Coflunission exnkes: March 25, 2019
^na &^
(Wifeessed or attested by)
(Seal)
Required Pursuant To NJ.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unitno later than 10 days prior to the award of the contract.
Part I - Vendor Information
Vendor Name:
Address;
City; West New
Royal441 51
York
Printing ServiceStreet
State: NJ Zip: 07093
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions ofNJ.S.A. 19:44A-20.26 and as r&presented by the Instructions accompanying this
form,
Signature
David W. Passante
Printed Name
Vice President
Title
Part II - Contribution Disclosure
Disclosure requirement; Pursuant to N.J.S.A. 19;44A"20.26 this disclosure must include all reportablepolitical contributions (more than $300 per election cycle) over the 12 months prior to submission to thecommittees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name recipient Name Date Dollar Amount
Q Check here if the information is continued on subsequent page(s)
I;omi AA302nov. i i/i!
STATIC OF NBWJH^EDJvisfon of Purchase & PrspsrtyControctCowpHancfi Audit Unit
EEO Monitoring frog ram
IMfOftTAWT.REAO l^TRUGTIONS CAHSFmiY SEFOflS COMPLEDHS !€iW.\. FAilUitE TO PitOPEilLV COMPLETE THE efllRE T-OMA AW TO SUBMtT tHE REftUlRED?150.00 fE€MAyO£UW ISSUA^'CE OF YOyil cEftTifiCAre. DO ^OT &usy)T EEo.1 nsposr FOR SEOTOH ft, iTEM n. Forlnstftittiont on coffipleilng fne fofm go to:'i»p-//iw/Aiy'Aij,!'s/t w sniy/co ftiMd. co ttp'iii rtcc/i>dK'>^ OSn t. p() (•
SECTiDNA - COMPftNY IDENYiFICATlOM
t. FID.NO, OR SOCIAL sec.'umrt' 2, TWEOFBUS1KE$Sj.M.FG .Eg 2.SERViCt? n 3. WHQLtiSftl.Ea 4,.RP.TA1I, D;.OTHES
3. TOTAt, NO, KilPLOTKES IN ?5 (iWlRKCOMS'AMY
464. COMMNrMAMfi
ROYAL PR1NTINR SERVICE
S.ST1U3BT
^1 51 STREETCr.TV- COlWiY STATfi
WEST NEWYORK HUDSON NJ•W CODE
070536. SAMR OF PAREN'fOK A!<P)l4/VTi;t) CO.\U»ANY (IF NONE. SO iKDTCATfi) Cl t-Y STA'tIi Z(i" CODS
f. CHKCK ONE; fS.TOBCbMi'ANY: ^ S[SGLE;8S'i-AnL!Sti?,i(:NT!E.yPLOy_RE_1-1 MUI.Tr.&STAOLfSiIMGNTiRMPLOYKR _ _7i4$-
? . IF MULam^Wttl^lBMF EMH-OV))R, SrA'rR -iW, NiiMPI'tL-fflL-RSIABUSJUUEHISjy.JiL.9. TOTAL NUMBER OF li^pMygES AT itSTAHUSHMEOT WWti HAS BEHN ?\WAHDEU THEi COWilACT I /10, HfflUC AOHNC'Y AWARtlJNrt f'nNTRAM' ... . ^
11, R<p&rt at) psmlaiitnt, ^Hipowiy and part-tinK; ^nipley^sa ON VOUA OWN PAyROLU Enlwtlic apjir&priate Jigur^ on fl1{ liniw and iii a!! iroliifnnt. Wittfc DIEK ar!
GOODS, PROFESSIONAL SJERVICE AND GJSWRAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or sttbcontractoi-, wher& applica.ble, will not discriminate against ^ny employee or
appiicanfc for employment because of age, race, creed, color, uafloitd origin^ ancestt'y, maritalstatus, affectiom! or.scxual orientatloj.i, gen.der ictenti.ty or .exprossiQn, disability, nationality or&eK. Except with r.espect to affectiomi or sexual orlentatlou snd gender identity or 6xpression»the contmc;tor will ensure that equ^l employmient opportunity is afforded to such applicants inrecruitment and emptoymcnt, and tl-mt employees m'e treated durJng- ^npioyni&ntt •without tegardto then' age, race, cree<i, coioi*, nafional origin, anceslry, n^rltal status, affectional or sexual
orientation, gender identity pr expression, dlsabilltyi nationality 01' sex. Such equal employmentopportunity shall include, but not be Imiifed to the following: employment, upgracUng, demotiontor transfer; recruitment or recmifment advertising; layoff or temuiMtioir, rates of pay or otherforms ofcompenyalion; and selection for training, mcludmg appreftticeship, The contractoragrees to ppst la conspicuous places, available to employees and applicants for employment,notices to be provl<Ie<t by the PubUc Agency Compliance Officer seUuig forth provisions of thisnondiscrimuiation clause.
The contractor or subconira^toi\ where applicable wUi, in all $oHcita£iQrts or adverti^ments foremployees placed by or on behalf of the contractor, state tliat all qualified applicants will receiveconsideration for eftipl6y,ment without regard to age, race^ creed, ooloy, national origin, ancestry,marital status, affectional or sexual orientation, gender identity or expression, disability;nationality or sex>
The contractor or subcontractor will send to each labor imioi^ witli which it has a colleetiwbargaining agreement, a notice, to be provided by i,he agency contracting officer, advising th&labor union of the contractcn' s commitments under this &hapfer and shall post copies of the notic&m conspicuous places available to e.inployees and applicants for employment
TJI& contractor or subcontractor where apj^liGabIe, agrees to comply with any regulationspromulgated by the Treasurer pursuant to NJ,S,A. 10:5-31 et sec[., as amended andsupplemented from time to time and tl-ie Amerieans with Disabilities Act.
The contractor or subcoiRtractoJr agrees to make good fajlh efforts to meet targeted countyemploymehtgoals established h^ccordanee witliNJ.A,C. 17:27-5,2.
EXHIBIT A {CoWimwHw)
The contractor or isubc.oniraclor agrees to'mform in wrhin^ its fippropt'iate recfuiln'nijit agencies iiwlHtHng, but notHmUeU to, ^mployffleni ageficles, plfiwmynt bureEius, colleges, universitiiis, and labor unions, tliat it does not(Uscmmnate on th6 basis of.a&e, race, c-reed, color, mtikm'al ori.gin, ancestry, tnarijat stytu^ arrec-fional or sexiEaiorieitlfttiont gender ideiUily or ttxprcssion, disabilUy, nyitionalily or sex, and that h will (;liscon<i«u$ (hfi; use ofanyrecruitment agency which-en^gcs w direct oi* indirect (liscrimin<itory practices,
The coiUractoi-or subcoiitractp.r agrees to i-cvise any of its testing procedures, it'tsccossai'y, to assure ^hat ali
personnel tesfimg conforms whh tlK pnncipies ofjob-relfited tcsdng, as established by the statutes md courtdecisions ofthe Slate of New Jeisey iwd ^ est.ablished by applicabl? Federal Saw and^applic^ble Federal courldecisions.
In conforming with the tnryeted empfoymeiU y&als, iii<; conttxior or subconfracior ^grws to mview all proceduresr&laiiaig to. transter, itpgrodinjg, (towngt'ading atui tayoffto ensut'c tlrai Bll sucli actioiis arc taken without regard loEtge, race, creed, color, nat-ionExl origin, ancestry, miiritol sfalus, arfecEional or S(i?<uat orient.atipn, geiirief idenlity orexpresstcm,. disability ,..nation<iHty pr sex, consisicnt: with the sifitules aiui court decisions' of \}\e SUtle ofNew Jcrs.&y,imd applicable Federal law and appiicabie Federal com'l (lc'cisions.
The cosifractor shall s.ubinit .to llie pnhEic agency, after nofification ofavv^rdbnl priorto-exficutlonofagoods ilHiciservices contracti one of t&c ftiHovvin^-tln'ec doc.umeni-s:
Letter .of Federal Affinnalive Action Pkm Approval
Certificate ofEmployeelnfonntifibi) R.eport
Employee In'fomiaticm tteporf Porm AA302 (cfeclTOnically provided by the Division and distribuied to thepublic, agency through the Division's websifc at w\m^st(ite,!UALS/^asLti'v/c^H'ft
TtiecoiUractprand Elssubcot.Ut'actorsshalf furnisb such i-epiC)E't''i or other clocmn'ents fo.tlie Division of Purchase &
Property^ CCAU, EEO Moaitoring Pffisratn as inay be fequested by tlic. office from tim<3 to time in order to cfirryout tlie. purposes of the^c regulations, and public agencies shaH.funiish.sych hiformatt'on as msy be requested by theDivision ofPiu<chftse& Property, CCAU, EEO Monitoring Prog^m for conducting a con)p1iatice mwstlg?iUonpursuantto Subchivptpc 10 Qfihc AdministnifiYe Cotie ^t N.J.A.C. 17:27.
The iitKler'sigtied vcndftr Mrtifics un iiieii' compafiy'yrceOp.t, iiiiywledBCffixI cmnntitntrot (o comp.iywitii;
mutm'AN.J^.A. Ifj;^ and^.J.A.C. 1.7:.?.7
MANOATORV EQUAL KMPLO^ME^TOPPQia'UNlTV I.^NGHAGf':Got)\)s» Profession el Surviccs an(! CiEiencrai Service Crinlrwis
Tite owAftrsh^i, as soon as praottcabl&ftfterii clatpi ha? bwn mfide apteifi ^owrhfidn n&ttoo-tlt6^>ftothe conmotoi^ along with fell find oompbto pnrdwhfs ofchficfntm^ ff'any notibn or Rdm&itsfa^tlvoproceeding i^ brongtitAg^H^st tli& o\vn:?r or nay of its ag^nt^ sewfmts, and'ettiploye^^ tiie <nw??' ^^e)(p&dt^0t)?ly forwflK) or hnv& fonvoKl&d to.ilie-<»nt?doi* w&iy demandi oomplmn^ notl^ sununoiiStp[esdin& or oth6ryrocs$s recsiveft bytfie owner or its repressntfttlve&t • '
lt< is expiry agi^tt mid' uttt^rslood ?&t nny appi-ovai by the ownor of the. serv.iws' provided hy thecoHtmotor pmitflnt to this coj^aoi-wH.I not^tw&>tJ? .ooritraotor ofihi? obiigatloa to comply wltl^tlie Aotaudtodofoji{1jh^^if>lipfOte$t>%^$a.V9hftnnte.thjSownerpll^uiri^totIi!s^^^
It ts tehor fig^^l end;i]Hder$t6od ^inl'tlw owner ^snmos no objtgftiton fo faidomD^fy prfi^vo har,Qife5Est3i[&^Oftti^0r/Jtsflgo^^rVfluts,ompIoy6esandsitb<;oiiUwto^for8nyctBbi^^^ifo?m«o& of fhts Agr^oment. .r/iirthi;rn'iof6, tl^ contnLGtoi1 expressly understftnds nnd ngnwBt tltfit'tlie^ov^Qn$ofthlsiiu(eiiu?fitiQjyolftu$6sl>fl11i!Uio-w^yIJmif11i&con^tor^ob/'t.groQmeu^ nor shall th&y^ cemstru&d to r^H&ve the ooiiffaotorftom ajiyJIftbitilyt iipr presotN^ tlio ownerftom fakingfltiyotliera^ofts ftValIftbfefo it inydor'Aay otlierpmyisio^ ofthe A^^montoitot!i6W
MmQrUy/Wom,a]pt Business Entesrjprise (M^fB^)Qnes^lQimau'e for Bidders.
Jersey City Ordinance C-829 establishes a goal ofawardmg 20% oftlie dollar ainomt of totalcily'proour&mentto minority and weman ov»fBted busi.uess enterprises. ^ •
To assist us in mpmtori^ our achi&vement .uf'tl-us goal, please indicate below wfae&er youi:company is or is not a Bunority owned aad/or woman owned business, and return fhis form witllyom bid proposal.' . ,
Miuority BusiiiKss Baterpris'e means a business which J'B s, sols proprietoFsiiip, partnersHip or corpoj-ation. at least.51% of which is ovmsd find cojrtrotl&d by persons v/ho are A&ic^n Amoric&u,'Hispanic, Asia-ri Ainerican> AmeHcsnIndian, or Alaskan natiye, d&fin.ed as follows; •' ' •• ' .
African American; a person having ongtns in any ofthebS&o'k.racial.groups ofA'frica
Hispanic; a person ofMexican, -Puerto Rioan, Centrfil or South Americmi or other non-European Spajusliculture or origin regardj&ss of race, . -
Asriaji: . a person having origins in any of the original peoples of the -Par Bust, South Esst Mi&, Indiansubc.ontinent, Hawaii or the Pacific Islands, • • • - ' ,
. American Indian or Alaskan Native; a person havmg.origtns m any of the original peoples- of NorthAmerica and who mamtains. cyltural identification thi'ou^i tFib&S affiiliatLQn or eominunityrecQgnition. ; •
Woman BvisineysE&terprise . •
Woman Busmess.'Bttterprise means a busmess wliich is a $ol& proprietors.}] ip> paTtn^rship or corporation at Jeast 51%ofwliich is owne.d and coBtroIled by a woman orlw6m<?n. , '
RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO MILLENNIUM COMMUNICATIONS INC.FORTHE PURCHASE, DEUVERY,AND INSTALLATION OF SECURITY CAMERASATTHEAPPLETREEHOUSE FOR THE RELOCATION OF THE DIVISION OF CULTURALAFFAIRSAND EDC, PROJECT 2018.003, FUNDED BY THE DEPARTMENT OF ADMINISTRATION, DIVISION OF ARCHITECTURE THROUGHTHE INTERLOCAL PURCHASING SYSTEM (TIPS)
COUNCIL OFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTION:
WHEREAS, N.J.SA 52:34-6.2 authorizes a municipaiity to enter into cooperative purchasingagreements with one or more other states or poiitical subdivisions for the purchase of goods and services;and
WHEREAS, certain economies can be achieved when public entities purchase goods and servicestogether under a cooperative pricing agreement; and
WHEREAS, the Interlocal Purchasing System (TIPS), is a lead agency under a CooperativePricing Agreement approved by the Division of Local Government Services; and
WHEREAS, the Apple Tree House located at 298 Academy Street, Jersey City, New Jersey needssecurity cameras installed throughout the building; and
WHEREAS, resoiution 18-038 approved on January 10, 2018 authorized the City of Jersey City(City) to enter into a cooperative agreement with the Interlocal Purchasing System; and
WHEREAS, the Department of Administration, Division of Architecture wishes to purchase securitycameras from Millennium Communications, 1 1 Melanie Lane, Unit 1 3, East Hanover, New Jersey 07936who is in possession of contract numbers 161202 and 170602; and
WHEREAS, the total amount of the contract is $38,529,14; and
WHEREAS, the City Purchasing Agent has certified that he considers said proposal to be fair andreasonable; and
WHEREAS, these funds are available for this expenditure in accordance with the requirements ofthe Local Budget law, NJ.S.A, 40A:4-1 et se^,;
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City that;
1. A contract in the amount of $38,529.14 is awarded to Miliennitim Communications for thepurchase and installation of security cameras.
2. The term of the contract will be completed upon delivery of the goods snd services.
3. This contract is awarded pursuant to N.J.S.A. 52:34-6.2.
4. Upon certification by an official or employee of the City authorized to administer the contract, thatthe services have been provided and the requirements of the contract met, then payment to thecontractor shail be made in accordance with the provisions of the Local Fiscal Affairs Law,N.J.S.A.40A:5-1etseq.
(Continued on page 2)
Continuation of Resoiution
City Clerk File No. Res. 18-505
Agenda No,
TITLE:
Pg.#
10.Z.7 23
RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO MlLLENNIUIVt COIV1MUNICATIONSINC. FOR THE PURCHASE, DELIVERY, AND INSTALLATION OF SECURITY CAMERAS AT THEAPPLE TREE HOUSE FOR THE RELOCATION OF THE DIVISION OF CULTURAL AFFAIRS AND EDC,PROJECT 2018-903, FUNDED BY TME DEPARTMENT OF ADMINISTRATION, DIVISION OFARCHITECTURE THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS)
Donna Mauer, Chief Financial Officer, certify that there aresufficient ftjnds available for payment of this above resolution.
Capita! Accpy nt ,04-215-55-944-990
P0#129190
Total Contract$38,529.14.
Approved;
PF/pV/R5/9/18
a§ter Folga^o, Director of Purchasing,QPA,
May 10, 2018Date
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM a-
Business Administrator i^ Corporation Counsel
Certification Required ]^
Not Required DAPPROVED £J-Q
COUNCILPERSONRIDLEYPRINZ-AREY
BOGG1ANO •
AYE~T_"77T
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5:23NAY N.V. COUNCILPERSON
YUNSOLOMON .
ROBINSON
AYE~7^,/
T
NAY N,V. COUNC1LPERSONRIVERA
WATTERMAN
LAVARRO.PRES.
J-B-AYE
//^
NAY N,V.
/Indicates Vote
Adopted at a mg^tingj?f the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
•Rotancfe R. Lavarro, Jr,, President of Council^
Ro'bert Byrne, ^IfV Clerk .
RESOLUTION FACT SHEETThis summary sheet is to be attached to the front of any resoiution that is submitted for Council constderation. Incompleteor vague fact sheets will be returned with the resolution.
Full Title of Ordinance/Resolufion
RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO MILLENNIUMCOMMUNICATIONS INC. FOR THE PURCHASE, DELIVERY, AND INSTALLATION OFSECURITY CAMERAS AT THE APPLE TREE HOUSE FOR THE RELOCATION OP THEJERSEY CITY OW|5i6rsS CiP C^^T^^AL- AFF/M^S. (PROJECT 2018-003),FUNDED BY THE DEPARTMENT OF ADMINISTRATION, DFVISIOT^ OF ARCHITECTURETHROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS)
Note: Inifiatpr must be available by phone during agenda meeting (Wednesday prior lo council meeting @ 4:00 p.nz
Resolution Purpose
Purchase, delivery and installation of the following:
Genetec Camera Licenses and Oenetec Ad^'autage seven (7), Outdoor 5MP HD Dome Cameras and Axisseven (7), Millennium Secure City Surveillance one (1) and Fluid Mesh 'Wireless Equipment two (2).
Cameras requested by Cultural Affairs Director to assure the safety and welfare of the buildings occupants, as
well as providing surveillance of the Historic Structure at the site.
I certify that all the facts presented herein are accurate,
Signatu^of Department Director^6
Date
Petg&R^do, Director of^urchasing1PA
"_/n_Date
One Point of Coniaci.Endless Possibilities.
COMMUMiCATIONS GR.OUP !NC
SFINfli430077S5Fedemi GSA ffGS-35F-0220R.
NJ VVSCA 87720HCESC TEC #06
NJ State Contracf / #T2989 /#8S740Himierdoa County HCESC TEC ;^06
Passaic Ccinrtty Co-Op ^^PCCPPEPPM
April! 1th 2018
Director KierceJersey City OEM/Homeland Security715 Summit AvenueJersey City, NJ 07306
Dear Director Kierce:
On behalf of M'illennium Coinmunications Group Inc. I wish to thank you for extending.. us "-theopportunity to submit this proposal for upgrading your current video surveillance cameras at Apple TreeHouse. All work wili be performed under the NJ Prevailing Wag& Act and our TIPS Conh-act #161102& 17062. • - :- ,
Ngts^Mo •cameras wW be aticcf'ied to any butSdtnd structure on the propettVt.An-.^sw csmeras wil! be mstQiieci on
QKlstinsutn'ity Qaies located m the rearparkinQ lot ffnri the eKfstma CCTVbofe Soc'ate^ on Acadlemy S^reei. Pfsass
sse attGched arawhs for reference.
Genetec Camera Licenses:
» [7] Genetec Camera Licenses ',. '
» (7) Genetec Advantage _ ' .
Outdoor 5MP.HD_Doms Cameras
» (7) P14.Z7-LE Compact and outdoar-ready HDT\/-camera for day and night surveillance, IP66-rated,
van-focal 2.8-9.8 mm P-iris lens Remote 3.5 x optical zoom and focus. Automatic 1R cut fs!ter. Multiple,
individuaily configurable H.264 and f\/lotipn JPEG streams; ma^ 5 MP resoSution at 12.5 fps.Video motion
detection, active tampering a!arrr(,.corridor format and WDR-Dynamic Contrast. i/0 ports,
microSD/SDHC memory card "slot' •;for edge storage. OptimizedlR, a power-efficient LEDtechnoiogy with
adaptable.angie of 1R iilumination up to 15 meters (SO feet). integrated bracket for easy mounting on wali
and ceiling. Power over'Ethemet Operating conditions -30 °C to 50 "C (-22 °F to 122 "F)
• (7) AXIS T91A47 Po!e Mount for Indoor and outdoor installations, for poles between 60-110 mm (2^4"-4,3 } in diameter. AXIS T91A47 is compatible with all outdoor fixed and thermal cameras and most fb<ed
outdoor dome'cameras such as the AXIS P33-VE,
IVlillennium Secure City Sun/eillance Enclosure:
» (1) Enterprise Enclosure, Enclosure Back Plate, AC/USB oufciet, Mounting piate on inside door, e>;.terna!
warning-system- red/green LEDs and relay, Pole mount kit with straps, High Reliability Power Supply,
Power in Surge protection/ 25A UPS Module, Battery- 18Ah, Web monitor and confcroi system, Breakers
for power, battery, load, 12-48vDC converters, Poe Switch, P.oE line protectors, Gromm&fc's up to 6,' and/or Hole covers, Grounding Lug with 10AWG green wire.
11 Metanle Lane, Unit 13 East Hanovar, NJ 07S36 P BOO.677.1919 F 973.503.0111
NJ State Cfttitrscf /#T2989 / m740Ktinf&fdon Cou&t-v HCESC TEC tf06
Passaic Coanty Co-Op P-^f'CCrPEPPM
Fiuidmesh Wireless Equipment;" (2) Fluidmesh 1200 VOLO, single WMO radio device, 1 Mbit/s Ethernet Throughput, 4.9.5.8 GHz with
integrated panel antennas. Two (2} Ethernet Ports, includes PoE injector and AC 90-240V Power Supply» (2} Enable UNLIMITED ethernet throughput (100 IVibit/sec) in FMI200V Devices» (2) VLAN Plug-in. Enables port-based and MAC address-based VLANs on one Fluidmesh product. All
Ft.uidmesh hardware devices in a network must have a plug-In forVLAN to operate.
< (2} In-iine POE Converter from 802.3af to Fluidmesh POE 24V DC< (2) Limited Warranty Extension to 5 Years and Enhanced. Warranty inciudlng Advanced Repjacementfor
FM1200 VOLO, The pian is valid for one product: and it must be associated to the product serial number
NJ Stfltc CunfracE / #T29S9 /^88740Huntcrdon County HCESC TEC ff06
Passaic County Co-Op 3RTTC['
PEP PM
Standard Terms & Conditions
NJ Sales tax Is not included, Customer to provide iippropaate tax exempt cerEificAte. AH work to be. performed
duang normal working hours. Access wuiioui: delay i.s the tcsponsibilit)'- o£ others. Delays nctiibutoble to customer,
othec trades, ere. mEiy liflve an. impaci on pioject schedule and pricmg. ^Ul aiaterial is guara.ncccd to be a^ spedficd,
All work to be completed in A worivmanlike manner and in accordance \vi^ industry pracuces, Any altemdon. 01
deviittion fcom above specificarions Involving extia cu-sts wiU be executed only upon writtcu orders, and wiU
become an extra chafge over and n.bove die esdmftte. All ngreemenEs aje con.diigent upon strili.es, ncddent or
delays beyond our control.
This esdmnte is valid for 30 days, PnymcnE terms ajre ncr 30 days from invotce dfl.ie; ma.tenals y.dU be invoiced s.r
start of project, and pmgress payments for Inbor will be invoiced commensuELEc to work Accomplished at the end
of cnch month. Owner to ca.rry fire And other necessacy inKUTiince. Our workers are fully covered by Worker's
Compensa.fci.oa Insurance.
Unless otherwisa agreed to in wridng, Buyer shall pay far the services lendciedwiLhm thii'^ (30) ckys of the dato
ofmvotce. la the event
Buyer fails to pay the taral purchase pqce within SAicl 30-clay period; ScilcrshnU be eati.tlcd to collect an interest
charge of di£ lesser of 1,5 % per month or the aia^Anaum iimoun.t ailowec! by Rpplicable laws applied to th& inipaid
purchase price. Seller shall R.IEO be cnfcitlcd, in addidon to alt odieE remedies avail.able at iaw or in equity, to recover
reasonable attorneys' fees und/or other expenses in collcctuig the purchase price or ochcrwisc; enfoEcing or
successfully defending itscl-t m Eespcct of tlus sa-les contuact- 'Customer sigaamre iusd Pnrchfise Ordec nre required
before work will commence. . .
Deposit, of 35% with Oi:deE. (^lobilixnEion & Equipment: Orden.ng)
Tentative schedulmg is four to sb; weeks from reGCtpt.of order a.'nd subject to chtinge -withouC notice.
All drirwmgs, proposEils nnd related dociunentadon are proprietary and \vUl 1'emain the propcrt)7 o f Millennium
Communications Group Inc., until Fmnl Paymeafis receivcd-flny use or reproducdon of same ^re scrictlypioltiblted.
Permits, fees, Environmental evnluadon iind inspecdons n.rc the responsibility of others.
Invoice will be issued for equipment received at customer site or at K'liUen.mum Commumciidons Group Inc.warehouse.
Cancelled orders wUl inciu: a 30% rest.ocidng chiirge.
Equipment: ideatLGed ns;cusrom order is not EeniTnnble and must be paid for m full
Any & AU mn.terinls/eqmpmenr are subject co change based on iiviulrtbiliry. Aay si.ibsdtiue ifi equipa-ienc or mHteuftl\\iQ be of equal quAlity,'£uriction and value,
Ddays Co the project schedule wl-iich Arc out of the control ofMilleLinium Communicadons Gcoup Inc. \vi!j not-becnusc; for delays in billmg per die schedule.
Changes co-chis concciict shall not affect -.ibove payn-ieat schedule.
All worlrwiU be performed by IBEW Tcledata techaidtins dvu-ing noL-mal business hours. No allowa.nce has beenxnnde"foi .cesmct.ed work hours.
MCG tcchmcism.s \\dll ONLY be nufhoazed to perform work thnt is specifically listed in fhe fibovc scope of work,ANY additional work wiH be done by executing a CHANGE ORDEfi.,
The capabilLdes oftlie system proposed are coiTipleie as defined herem. Any prior or^l or written representadonsoutside the body of this proposal are excluded.
11 Melanie Lane, Unit 13 Easl Hanover, NJ 07936 P 800.S77.-t 919 F 973.503.01 11
Compact and cost-effective surveillance with OptimizedIR
The AXIS PU27-LE bullet camera provides excellent image quality in 5 megapixei resolution. The camera features a
varifocal P~iris lens and Axis' OptimizedlR^ a power-effident 1R LED technoiogy providing automatic illumination of
a scene in complete darkness. P-iris control provides optimal depth offieid, resolution, image contrast and clarity.
AXIS P1427-LE supports A>;is[ Corridor Format for verticaliy oriented video streams. The pixel counter assures that the
required pixel resolution is met Remote zoom and focus eHminate the need for hands-on fine tuning. The input/output
port can be used for notification to ah aiarm panel or controi of a re!ay. The outdoor-ready camera comes with an
adjustable weather shieid.
> 5 megqpixel resolution at 12 ips
> Day & Night funcitoalihj
> Built-in IK LEDs and QpiimiEedIH
> Rase o£ ?.nstaUano^
> I/O support
1;
^v^y^i
81^"^E^"^"®^J=
'-^^-1, -_'_",_
^'L"
:^•^ 'r~.. • •"'•
\ . ' • ::•
\
^
^i.g^ —E£^i1ri5'^t^fr?B^iiii--^l^-^^^l^-'-^
image sensor progressive scan CMOS V3.2'
Lens 2.8-9.8 mm. F1.6Horizontal Rdd of view £7'-S2'Varifacat, Autofocus, Remote focus and zoom, P-lfis controi, IRcorrected
&ay and nlghf Automaticallv femovable infrgrcd-cill filter
Minimum Color; 0.35 lux at F1.6illumination B/W: 0.07 lux at F1.6
0 lux with IS illumination on
Shutter time
ViQeQ~'~:^\
Videocompression
1/28000 s lo 2 s with power line rrequcncy 50 Hz.1/33500 s to 2 s with power line frequency GO Hz
H.264. High, Main and Baseiine prorilcs (MPEG-4 Pan 10/AVC)Motion JPE6
Resolutions 2532K1944 HOTV 1080p to }GO>;90Meets feievant parts ofSMPTE 274M (HDTV 1080p)
Frame rate Resolutions up to 1920x1080 [HBTV 108Qp) ami 1GQQ);1200: Upto 25/30 fps (50/60 Hz)3 MP capture mode: Up to 16/20 fps (50/60 Hzj5 MP capture, mode: Up to 12,S/12 fps [50/60 Hz)
Video rtreaming Multiple, individua!!y confi9iirabk sireams in H.2G4 andMotion JPE6Controllabic frame rate and bafiaWidthVBt^/MSR H.26+
Image settings Manual shutter time, Compression, Coior, Brightness, Sharpnes^rWhite balance, Exposure contfal, Exposure zones, Fine tuning ofbdhaviar at low light, Text and image overlay, Priyacv masks,IR illuminationWide Dynamic Range - Dynamic ContrastRotation; Q", 90°, 1BO°, 270°, indudtng Corridor Format
IP66- and MEMA IX-rated casing (polyester potycarbonate biend]
WC Free
512 MB RAM, 123 .MB Hash
Power over Ethernet IEEE 802.3af/60Z.3at Type 1 Class 3Max 12.8 W
RJ.!5 10BA5E-T/100BA5E-TX P6Ei/0:4-pfn terminal block for 1 alarm input and 1 output
OplimizcdiR/highly efficient LEDs with sdjustabli; intensity andangle of iiiumination,Ranye up w 15 m (50 ft)
Support for mkroSD/microSDHC/microSDXC cardSO card encryptionSupport for recording :to network-artachcd storage INAS)For SO card and NAS rccofntDenrfations see www.axis.com
-30'C to SO kC [-22 iFto 123 °F)Humidity 10-100% RH (condensing) .
-40 *C to 55 "C (-10 "F to 1-S9 °F]
Approvals EN £5022 Class A, EN 51000-3-2,EN 61000-3-3, EM G1000-6-1,EN 6100Q-6-2, EH 5502^, FCC Part 15 Subparl B Class A,ICES-003 Class A, VCCi Class A, RCM AS/NZS CiSPR 22 Cisss A,KCC KN22 Class B, KN24, IEC/EN/UL 60950-1,iEC/EM/UL 60350-22, 1EC/EN G052S )PGG, NEMA 250 type 4K,IEC 60QG8-2-1,1EC 60068-2-2, IEC GOOG8-2-6,11:C 6006E-2-27
Wcisht With weatlu'r shield;871 g (1.92 Ib)
Dimensions 0132x260 mm (05 3/16 x 10 \IA an}
Fife upload: FTP, SUP. HTTP, HFTPS netwnrk share and emai!NotificariDn: email, HTTP, HTTPS and TCP and SNMP trap
Optional AMiS TStRHM J-Box/Gang Box Plateaccessories AXtSTBtA'l? Pole Mount
AXIS 194P01B Comer BradctAXIS 19'lFOtP Conduit Back BoxAxis PoE MidspansFor more accessories, see www.sxis.cam
Video A>ItS Companion. AX!S Camera Stalion, Video msnagementmanagement softWfire from A^is' Application DevelQpmcnt Partners availablesoftware on www.oxis.com/support/downioads
Languages English, German, French, Spanish, Italian, Russian, Sunpiified
Chinese, Japanese, Korean, Portuguese, Trsditiona! Chinese
a. This proA/cf "irWes soffivorc developed by the OpenSSL ftp/ert for (/se /n theQpenSSL7oo!?(htSp://www.apcn';sl.org/!/ondcryptogniphiCSol:iwore written byErie Young (eayiSicryptsah-cam),
Environmental responsibility:
www.axis.com/envi ronmental-rcspDnssbi] it/
C2Q14- 2017 Axis Coinniunications^AB. AXIS COMMUNICATIONS. AXIS, ETOX, ARTPEC and VAPIX arc registered irademafksor trademark applications of Axis AB in variDUS Jurisdictians. Ml othcf company names gnd product5 arc trademarlss orregistered trademarics or their rcspediue coffipames. We reswc the right to introduce modifications v/ithout nofice.
CO H M UNEC AT ! 0 N S
POWERFUL WIRELESS BACKHAUL1NG
rUJJDME^SETWORiCS
THEFM1200VOLO
A 2>:2 MlMO-based wireless radio, VOLO Is designed for backhauling missionwcr7ti.ca)video, voice, and data. With a fuily redesigned hardware platform, VQLO is a dataprocessing powerhouse. 'VOLO is int'uiUve, easy to deploy, and can be used tocreate poinfc-to-point, point-bo-multipoint, mesh, and mobility networks with a realfchroughpufc of up to i80 Mbps.
REDUCE THE COST OF OWNERSHIPSELECT THE AMOUNT OFTHROU.GHPUT YOU NEED
Limit the cost of ownership with FiuidThrottie by selecting onfy the amount ofthroughput required. More throughput can be easily achieved by upgrading thesystem with software plug-ins when the fcrafficrequirements increase. Thanks to fcheFluidThrottle technology, we are the most flexible and cost effective wireless soiu-tions provider In the market,
Our MPLS-based bra ns mission protocol 1s built to overcome the limit's of stan-dard wireless protocols and to deliver an infrastructure with a higher level of re-lisbiiity. At the base of our innovative transmission protocol, there is a trafficopfcimizabion sigorithm that allows every FIuidmesh radio to assign a specific Sevelof priority and relisbi!lty to every packet transmitted. The result is a better, morereliable, multi service wtreiess infrasiructure.
UP TO 180 MBPS OF USABLE THROUGHPUT WITH VIRTUAL GIGAB1T
The innovative FluldThrofcUe-pricing allows throughput to scale as you grow by install-ing aciditionai piugins. Virtual Gigabit allows you to continue growing all the way up to180Mbps. By virtually bonding t,lie E&hernet interfaces, real bhroughput above IQOMbpsis just a click away,
With the new BAZOOKA plugin, VOLO can now extend the Virtuai Gigabit Featuresacross multiple point-to-point links that can be aggregated to form a single superhigh-speed link with a capacity of hundreds of Mbps. No special switch configurationis necessary,
WEB INTERFACE CONFIGURES, MONITORS ANDTROUBLESHOOTS THE WIRELESS NETWORK
VOLO includes Ihe FMQuadro web interface that allows you to configure, moni-tar. and troubleshoot the wireless network in real Ume, without any additionalsoftware. To simplify the configuration of the wireless network, the radio has abuilt-in spectrum analyzer and a reai-time bandwidth monitoring tool,
^ FLUIDirf, HIGH THROUGHPUT TO FAST MOVING VEHICLES
VOLO supports FLU1DITY fche ultimate broadband connect-ivity solution for highspeed vehicles. Providing up to 100 Mbps of- usable throughput to vehicles traveiingst up bo 200mph/320Kmh is now a reality. FLUIDiTY features an industry leadingroaming handoff of .3 ms, and will maintain perstsfcent network sessions and streamsfor ?ny type of traffic.
YOUR INVESTMENT IS PROTECTED
Your investment is safe when business needs change. With FiuidMAX, you don't haveto replace your radios when you change the network's architecture from Point-to-Point to Point-to-Multipoinfc or Mesh. VOLO can operate in CSMA or TDMA.
VS^EASY INSTALLATION
!P66 rated, VQLO is designed for !ow visual impact: and easy installation in harshenvironments. To facilitate insfcallafclon, VOLO has a two cord wafcertight cable glandwith a standard NPT-1 thread so you can run pre-made CAT5/6 shielded cables orconduit directly to the radio. The highly visible LEDs tell youths LAN activity and thesignal strength. The iow-power POE injecfcor guarantees an easy setup.
WI-F! SERVICE PORTAL
Quick troubjeshootins and firmware-upgrades can be done withoLft getting out ofyour truck, For^ast and low cost servicins, you can now wireiessly conhect Eo VOLOvia a secure WIFi 802.11n hotspot. The SS[D is undefcectable and password protected.
^si^f^:>lt^^^^^?s
^?'£.'
f^TEI,^
POINT TO POINT
MESH ^POINT TO MULTIPO!NT
MIXED
y~v y^
^POWERFUL WIRELESS BACKHAUUNG
FLUIDTHROTTLESelect only the throughput you need
PRODIGY 2.0MPLS transmission protocol with inteiiigent QoS
VIRTUAL GIGABITUp to 180 Mbps.usable throughput
BA2QOKAAggregates multiple links for higherthroughput capacity
FMQUADROWeb-based Interface to easily .configure, monitor,and fcroubleshoot the network
FLUID MAXChange nefcwark's architecture not the radios
MULTf FREQUENCY4.9 GHz and 5,1-5,8 GHz.
DUAL ETHERNET PORTSSupport PoE and multiple IP devices
FM 1200 VOLO
POWERFUL WIRELESS BACKHAULING
P-02
RADIO POINT TO POINT USABLE THROUGHPUT"
RangeFrequency Bands
Throughput
Modulation
Transmission Power
Receiving Sensitivity
Latency Per hop
Antenna Type
Antenna GainPolarlzationCross-pa! isoiation
Max VSWR
Horizontal Beamwidth Coverage
Vertical Beamwidth Coverags
COMMUNICATiOh! PSOTOCOLS
Prodigy 1.0 and 2.0
Wi Fi a02.Un
ENVERONMEMTAL
Power Consumption
Operating Temperature
Humidity
Weather Rating
WindSurvivability
Shock & Vibration
Wind Loading @l2SMph/20Qt<mh
SUPPUE& ACCESSORIES
POE Injsctor 24VDCwith US/EU/UK card
Staging Kit
OPTIONAL SOFTWARE PLUGINS
Ethernet Capacity Plug In up i:o \ Mbps
Ethernet Capacity Pjug in up to 2.5 MbpsEthernet Capacity Plug in up l-o S Mbps
Ethernet Capacity Plug in up to 10 Mbps
Ethernet Capacity Plug in up to 30 Mbps
Ethernet Capacity P!ug in up to 60 Mbps
Ethomet Capacity Plug in up to 100 MbpsF!uid[ty P!ugln
802.1Q VLAN Support Plugin
AES - 128 bit Link Level EncrypHon Plugin
AES - 256 bit Link Level EncrypUon_PtyginVirtual Gigabit PluginBasooka Plugin
Up to 24 miles/38Km •
4.9-5.9GHZ
Up to 180 Mbps
Up to SOOMbps
Up to i7 dBm, depending onconfiguration and regulations
Fluldmesh Networks products are Installed locai!y by professional System Inlegrators and are available wofldwlde tiiraugh a network of Authorjzed Deater^. For addiliona;information please cal! +1.SI7,209,GOBO or visit us at lluicimesh.com
Executive Summary Millennium Communications Group inc.provides advanced communlca'Jon infrastructures umizing fiberoptics and integrated technology solutions across the public andprivate sectoi-s. We wili develop a lechr;o(agy solution thataddresses key business challenges, leverages emergingtechnoiogies, and enhances operational efficiencies. We eiimlnatethe need for muitlpie vendors and contractors by handling everyaspect of building your neiwork. From preliminary budgeting anddesign, to building and final acceptance, we provide a full end-to-end saiution that wi!! meet and exceed your needs. From planning toperfsction, ws are your single point of contact for endlesspossibilities.For Schoois: IViillenriiums school soltjtions use fiberbased solutions to create an idea! Issrmng environment for studentsand staff. With our expertise and forwarding thinking we can createa soiutions package that will allow your organization to grow into thefuture. For Busmesses;Mi!lennium'& business solutions combinefiber optic infrastructures with innovative networking equipmenL Wedesign technology solution to address your key business challengesand reduce your overall costs, white enhancing operationslefficiencies.State and Local Govsrnrnent: Millenniums first began inthe state and iaea! governmsnt space making us very we!! versed inwhat soiutions Wi!! enhance anci protect your community. Wespecialise in the design, deployment, and maintenance ofcommunication networks for state and local government. We offerbroad !T and Security solutions that combine fiber opticinfrastructures with Innovative networking equipment. W&understand how to keep operations, expansion and flexibility at theheart of our design3.Vi3ion:Our vision is nothing less than proviciingthe most sdvsncsd telecorT'inumcatlop networks - working to closethe connsc^yity sap across the nation - steering our communitiesinto the future creating a new era of development, growth, andproductivity. Values:1. Be leaders and experts in the'telecommunication field.2. Have passion for our work.3. Laarn,Educate, Innovate. 4. Buiid greatness.5. Connect the future. 6. Builda positive, family spirited team. 7. Collaborate for a better future.8.Be innovative,9. Deliver quality service.10. Add vaiue foe ourcustomers.11. Have respect and humility.
AWARDED CONTRACTS
CONTRACT: 170306 Technology Solutions, Products and ServicesMay-26-2017 to May-22-2020
BUSINESS ENTITY DISCLOSURE CERTIPICA.TIONPORNON-FAIRAND OPEN CONTJRA.CTS
required PuxsmntTo N.J.S.A, 19:44A-20.8cny O-F JERSEY CITY
PEyt_I_-.Yeedor Affitm.nfion
Tiie undeKstgfa&d, beiE^g aufchori'z.ed and Imowlfidgfi.ablc ofth-c circumsbtnccs, does hereby ccrd^ tiiai: the <na!?)t sfbniium
en{lly> bus nocmiide And -wil] notmake sny EepoL-EaUe c&ntdbuuons puEsuati.l: to ISiJ.S.A. t9;44A-l ct seq, thsfc, pursuant to
P.L, 2004, c, 19 would bar tl'i<; awarci ofdns cobtractin. ilie one yeiu: pedod p£eccdi±ig ('(^7^ of award schedukd for approval ofthscQHiract hj t.hv ^psssmiitg kodj) to any of die fbllo-win^ tiamcd csuididatB comEDittee, jomtcandidELtes committee; QJC political
pafty commitEcc reprcsento^the elected offictols d f the <n(t?i vfs-nH^ off.ks^-d offivah> us deutied pursua&t to KJ,SA.
19r44A-3(p), (q) and (t).Steven Pulop foe Mayor 2017 __Uvt^'o for Coufi.GiIm.an.
Prieads of Joyce Watterman
Priendg ofDa&ielIUveraRidley fetf Council
Mita Ptuia-Aiey for CoiuicU
Fdetids of Riclia.t'd Boggi;itt0
Michael YIXQ for CouncilSalomon fot CouncilPdends ofjei'mmae S.obtn.son
Part II - Ownecshrp Bisciosntfi Certificatic.in,
Icfcriify th-s.t die-Ust below contams tiic names and home addresses of all ovmeLs holding'10% or moic of die issued
iindoutstanduigstocE^oftheiiiideL'sigocd.
Check die box that lepreselits the type ofbusuiess eafcity;
'axtnershjp i—iCorpoCa.tioa I—i Sole Proprlctotship UiJSuibchs.ptei S Corporation
_^^^^^^ ^-fr',—^SA.LSignftture of Affiaat;,Printed N &me of AffiiinE : R obert: R itch ie
_TMei.
Date- MsmH 13.7.01^
Subscdbed and swam before me'iluB
~~rHc^L^ .2^
Mj CotrLniisiiion expices;
7?/ =•_.
day ci fIT—Al^-<^——^ :~ '' -"-. —~~~~
•-•s
. (W^nessccf or attested by) \' ' '. •
J CartsnWiamstery nniisc of Newxterssy
W220124Q
Required Pursuant Tq NJ.SA. l9;44A-20.26
This form or hs permitted facslmEIe-mitst be spbnaittBd to fbfr local unif
no later thftii 10-dnys prior £6 Ole award of the confrac.t
Psrt I" Vendor Inf&rmatlDn
Vendor Name: I MillenaiamAddress; ) 11 Mejame Lane,Giy | East Hanovet'
Comma n'catio us"Unit 13
I State; NJ
Groupt [nc.
Zip: 07936
The undersigned being authorized to eertify, hereby oerttftes that-the subini.ssion provided herein "represents
compliaapewi& the provisions o^fNJ^A, 19:44A-^0.26 ajtid as icpresented by the insb-uoUons accompanying rhisform.
Robert .Ritchie PresJdentyignatm'c Print&d Name Tide
Psrt il - Contribution DlscEosure
Disclosure requirement;, Pu^susnt tpH.J.S.A. 19:44A~20.26-ihis disclosure must malude aH reportabtepolitical vonbributions {more than $300 per elooti.on Gyole) over the 12 mojifchs prior to submission to thecommift&es of the govemjDsnt eafcities listed Qntli& fomi provided bythe local unil
[_] Check here if disclosure is pnmded indcctr&nic. fortn,
"_ _ _ Contributor Name
Motlung to declare.Recipient Name Data Doilar Amount
$
Q Check here iflhe infoi'malion is continued on subsequent page(s)
. . 6EMTIFICATEON 0^ CQMPLXANOi; •WXTH-THS;;cmr-0^ JERSEY CITY ' .CONTRACTORPAY-TQ-PLAyKB^OSMOJKOINAKOS 08-128 A50PTE& . ' . . .OK.SHPTEMBER3,2008 , '
Tne undsscsigned is &lly aware Qi^t ifI'hiLvemisrspreaented m.whple-orpartfhis affinnatioa and•GeftLDca£ioD,.laad/or the'business ejErtity^ wi.H bsUabI? for any'pesaltyperraxtfsd under'law.
Name ofBusmog^Bntity; MiU&twtiam Cominuiucations-Gronp, Inc.
Signed . js^s^.- -^^^^^.^t"•7~
Print Name - Robert.Ritc-lue
Title:
DEate^
President
March-13, 20 IS
(AffiEffiL)
/
// .
I""""?
7_/.
\-(
-1
/ ../
MyConmiission-expire?:(Pmrt aame & title ofiiSaii!) / (C-bTparatc SBS^
^8118 Wtlit8ffl§
. ID^2201249 '. iVly.CQmmUn ^Iras May g§, 2022 . '
4:*rursuanl to SecEicm 2 ofOrdmiince OS-128, no cofltributions or solicitation of"contributions made prior to tiw efTsctive date Onj]jiaoce08-I2S (SepEsmber23. 2008)shall b& deemed to b& a violation of Ebe Ordinance-
QWDOCS'UlENWij ir Vt^S'iy.t!t.flsf CcfllRciti-n ftii!»wiag 0;a Oi.t;(,v-pd
EXHIBIT A (CwSinvafWt)
The contractor or subcontraoi&r agrees la inforl'n in writing its apprQpriatc recruitment agcnciss intludhg. but notiinumd io, employmcnl agencies, piac<;!iKnl.burenus, co!k*gK5, Linivers flies; and labor unions, ihat is does noi
discrimmai.e an fiw basis ofisgfii raca, crefidi color, nationa! origin, ancestp,', inartlai sttitus, affeoti&na.l or senitni
orieiiialion, gender idenlfty or exprfrssion, dlsabitiiy, nalsonEsfit)' or sex, and ihTit jt wili discontinue Eh? use of anyrecmitmetu agency which &ngages ir! direct or indir&cL (tlsGriminEitory practices,
Tl? contractor or snbcoiHracior agrees to revise any of its testing procedures, ifnecessfiryi to a&snre that i-ill
personnel tesEing confoj-ms u'ltKthe principics of job-ri?l$ted testing, tiscstiibiished by'ihfl statures and courtdecisions ofihe Siaie of New Jersey and as established by dppiicabie Peoerai law and appiicable Federal cuurtciec.isions,
in conforming with the targftted employmsnl goals, the conii'actor-or subcotiiractor agrees'to review ail pi'OGL'dures
rclatipg to transfti;r, lipgradins, downgrading and EayoFFto wsws that aE) Riich.actions arii taken wilhoul regard loegd recc, cn-sed, color, n&ticrtia! origin, Rnccsfry, iTiaritai status, aff$cUon£i! or s&xual oricnlatlon, gc-nder identity or
expression.. disability, ngtion^lily or sex, consistent witli tlte stStUie&and eourt decisions of ihfi Siati; of Nc^'Jcrscsy,
and appijcsble F^dersl iaw and appt^gble Fi;dera] coitrt d6Ctsions.
The coirtnici-or shall submit to the pubiic agency, after noHficatioh of award but prior to eXRCittionofa goods sindservices contract, one oftiie fotl&wEng t\wc dDcuments:
Letter of Fedcrai AnirmstiVe AcLlon Plan Approval
Ccrttficale of Employee. Infonnation Reporl
Empioyes Informanon FlepBrE Fonn AA302 (elecLfonicKiSy provided by the DiviEton and distributed to thepublic agency through the Division's websiie ai wwv.stEiRjii.us/'trcfism'/conirsct compliancfr
The conu'a&tor and Ers fiubcontractors sholl furnish snoh raponE; ar other documents to ti^ Division of Purchase &Pi'operiy, CCAU, EEO MoitiioriEig Program BR mayberaquesicdbyfheorpcc From time to (ime in order to c&syout thepurpoSQS ofthesc regulatiotts, arid public agdnciesstiaiS funush sticli infonnalion as may b& requcslec) by theDivision of Purchase & Prap&rty, CCAU, EEO Monttori»g Progcam for cundnciing K compiinnce inveiiignlionpursuant lo Subchaptcr 1Q oftheAdminis(rAfiveCoctcalN.i3.A,C. I7;2'7.
Tlii uiiaf.s"sl(;ned veiitiorccrllflca on ihticc-ompAny'i; receipt, titKiwleO^'iind cotnmltmenl i(i c(itnp)y^'i(li;
? !s OKpt^ssly rigm&d ^di HKderSKxxi yitEt^ity ttppi^vaE by ihs 'wnw of (!Ki ssr^ic^ pmVidsd by tiisconlrsctoE> purmnt to Oiis ?<oiitrfiol •will ti&£ i-<;iHey61|iu> .contractor offli^ obllfi&tiQa to <?omp!y Witb tbs. Aotacd to dcsfenci, Endoiiinif)', prolocf, atKi sax'i; h6?lltess.ili6 fi^ncrpiffsiiaift ta till& p[ukagtaph
It Is further agreed ond underato&d tiiril'eho ownsr ^ssnniios n& obIfg&Hon to h'l^Riiii^y or save hnmsleg's tlt&oontrasiorj^ ftgents, ser^fsn^ ofiiployee^ and suboontraotoi's forftiiy ofnim whi'oli-may tu'Eso oyt of theirt>$rf3nȣm(?o of (hEs Agre&m6nt-F'P!EH'U^i-Hiorci, (ht; tioiii^actoi1 &x^?ss!y undcrstends Euid Bgjisos tEisfc tli^provNoas ofthis hid&n-itiifloHtfoh olsn?? sbail in no'way i.imlnh.6- oontrfiotor'i; ol/Eig&ti.ons a&sum$d m t^sAgt^aefi^ Eior sb?Jt tiisy .b^ wysmi^ ts pell&vs the pont^pior &offl @ny 11sbill{y> lior pi^oludo tilo owiie'rfrom tskmga^y other s&dc^ avfiildbltoto ttund<i^ny Qtli.&rprovi&ions of the AgresiTisEifcorodi&rWGs [itla-w,
S.ppEcseafefivc.^ NaBLe/Ttilo Pjscff); RoberLRiiGhi^, President _,„_. •^cpx'es^igCh'f^s ^^^\iyw^y<^^<^^^^ ^--•^•^•^, ^^
FeL No.; ('973)503-1-313 ... , 0ate;_ March 13.2018
Sia&QH^/W&MBa Business •fifl.-terpri&e (TvH^lS)Qa.'sst£fimisli~& for Bid.d-e.rs.
Jscssy City OrdiaaBGs. C-g'2? 65t&blishKs a sois] of avi'ardms 20% afth& dollar amoua: oftota]citj'-prOGiiraaezutQ a-tinority snd •tvomaii ownfcd busmcss sntaiprisss.
To assist ns in CToaitosiag Q'^L 5clTj.e.vsia£Et ^fu^ls go&l, ^Is^se mdicatc b^iov-/ whs.thsr y.QW
company \s or Is.sol a mmqrl.ty s\\;ri^d sQd/'w Wc-mari &vvnsd' buRD&ss, and reium this form mtl-
your bid T)royosaL
Bium^s Name: Milkmi.km'i GQJiirm.uucfttiiOii^ Group, Inc. '. . _..__,...
A.dck^s: ILMsJams Lane. Unit 13.. E'ast Hanover, NJ 0793.6
W.^ f.fl Cd ^ ^co <l L/r tri ^^? '^ 4 ^•t~S ";1 o:i -••J i-/i i-^ >~i .^~'w.^-lul u ^ .^- c>-us'u.^i^ i^si-i\au^j w Uit-' \o w —t ^au^-i^o(^l^.•^^l^l^-••h3u-y'^;u^—'^-'
a au.ooabG OO'O E S S -S ^ ? 5' ooboo&oo ? sen yi '^1 ^ u v\ yi •t~ -^ •i» .^ 4- —- ui tAi'.w <-) t^i u p )J 10 u M M ;-' i-j'-' i-' t"' i-t .P P P P p p
^w^ LA U ^ u^ ^L^ UJ U ^ co^ L^ L~'^?~-'Ca .^.u t-is .t^- 1-J.;CX1 >JL^U.ii;J^CO-JyitAli^l>^C3MfcJi6iodl->0&aU6^Kl£JO co.tj ^(ni-l 0 M SJ ^1 CO W p-'w t:-^ c?^» b^ a &ai^? o-. w ^ a
4A--Z.
P Q[^ i'j j^i (j l^i u Li i-' t—' >-' f—.^-' i7-J ^
(M fj ^ d W S: ^3 GT^'U '-:- W Q i-'01£'fe?*~1o\(^i4:h LU^i-)—'0\ac>3^iO\Ui^_ L-FUt—'fff—i C3 0 o a • Q o 3
0 0 000000 0 0 000^0i£!^:> !ct. ^^^w^^^^^^~~s'^l~J~3cnc^cy'cr>G^C''-? ^ -S- -S -^ 5 ? •^ ? -^ •<?-?' M;-l b] "w }J ^ w ^ tyi.t^) t^ >-' co l-j L'I t^. [^i-' ca ~J ? Lu i^) t-'i^ ^ S f^^ ^ ?^ ^ ^ ^ ^f? ^tjJ^.<oui)^\,3Ui-..E''at3)>-'^>t^--i^>'i^'—ll^li-'i^-><s^>-<
I" -=f ^W k". V. v1..E. tiJ t,^ I—' 6,'i M 6-1 EA M £?t <>*! fc^i fc"oaaovsso-^io' LA. 4^ (-.it'J^—1aoc3dc?c?i^iC3C3d oao
Q 0 0 OTQ OQOiSOOOQ-0 QQQUQOOQO^— ^ .-.--.
^ <o 10 t-3 w?yi us t» COCM CMCS CT) ~~t -~3' ---s '~y~-i ^~3 ? pi F^ (TI ^i
vs n ri^ -w i™ /~ii •i- 3 ii~4 y~onirscior KQOisxro'
Pursuant to N.J;3;A. 34:11-56.48, ets^q. of the Pubiic Worte.Contractor Registration Act, NS certificate of rsgistratJon' is-issued
for purposes of bidding on any contract for public work or for engaging in the perrormdheeiOfany pubHcworkto:
Responsib'I&Riapresentafeivefs);'
Robert Ritehie', Prissident
Ronaid Casssl, CEO
J. Reteher CrfeamerJr., !\/lember
.jTlif^SKi. ^SSffc'Si^. E^ES^fiE'5g|j ,dlT|t. ^|g
lennlutnjiplgi^I^.EI' HI: I
;il^n.r1
IFS&sponsBbte R®p?'t3seni:ative{s]:
Kenneth MoLaughlin, Vice-president
Glenn Cteamer, Member
Daie Creamer, Diredor :;
Harold J; Wirths. CommissionerDepartment of Labor and Workfoi-ce Development NON TRAHSFERABLE
This certrficate may not be transferred or assignedand msy be revoked for cause by the Commissionerof Labor and Workforce Development
CityClerK File No. Res- 18-506
Agenda No. _lo-z-8
MAY 2 3 2018Approved:
TITLE:^o/^-^3£.^"c<-.^:"^(JiT'vFE. ^''r
RESOLUTION AUTHORIZING THE PURCHASING AGENT TO SEL£<^^-'VARIOUS IMPOUNDED MOTOR VEHICLES AT PUBLIC AUCTION
COUNCE. OFFERED AND MOVEDADOPTION OF THE FOLLOWING RESOLUTION;
WHEREAS, the City of Jersey City ("City") acquired title to various motor vehicles which wereimpounded and these vehicles have salvage value; and
WHEREAS, NJ.S.A, 40A:11-36 authorizes the sale of municipal personal property not needed
for public use by public sale; and
WHEREAS, -the Purchasing Agent desires to sell these motor vehicles by conducting a publicauction; and
WHEREAS, the City will transfer title to all vehicles that remain unsold at the conclusion of thepublic auction to the impound operator.
NOW, THEREFORE BE IT RESOLVED, by the Municipal Comicil of the City of JerseyCity that the Purchasing Agent is hereby authorized to sell the City's various motor vehicles tothe highest bidder subject to the terms and conditions set forth herem:
1. The City is offering to sell ninety eight (98) motor vehicles.
2. The successful bidder shall be required to pick up the motor vehicles at the impound
operator's facility, 10 Linden Avenue East, Jersey City, NJ 07305 using its ownequipment and laborers at no cost to the City. Pick up may be done on Monday
through Friday between 9:00 a.m. and 3:00 p.m. Pick up must be done no later than 5
business days after the sale.
3. The successful bidder shall be required to pay its full bid amount at the conclusion of
the bidding for each vehicle and bulk item. The form of payment is either by acompany check or cash. No personal checks will be accepted.
4. The motor vehicles will be sold at a public auction conducted by the PurchasingAgent on. a regular business day at a time, date, and place to be determined by thePurchasing Agent. This date must be within 60 days of the passage of this resolution.If bids are not received within 60 days, this resolution shall be deemed null and void.
5. Vehicles will be auctioned as bulk. Before the auction starts, all bidders will lie
advised that they may submit a sealed bid for the purchase of all the vehicles (bulkbid). At the end of the auction, the will City calculate the total individual salesamount versus the bulk bid amount. If the bulk bid amount is greater than the totalindividual sales amount, then the bulk bidder purchases all of the vehicles.
6. The vehicles are sold "AS IS" and the City does not guarantee the condition of the
vehicles and bulk items. All sales are final. No returns and no exchanges.
7. A notice of the date, time, and place for the acceptance of bids and a description of
the items to be auctioned shall be advertised in. a newspaper circulating in the
municipality not less than 7 nor more than 14 days before the date of the sale.
8. The City reserves the right in protection of the best interests of the City to waive any
technical error, to reject any bid or any part thereof for any reason whatsoever.
(Continued on page 2)
Continuation of Resolution
City Clerk File No..Agenda No,
pg.#_Res. 18-506
10.Z.8 23
TITLE:
RESOLUTION AUTHORIZING THE PURCHASING AGENT TOSELL VARIOUS IMPOUNDED MOTOR VEHICLES AT PUBLICAUCTION
9. The City reserves the right to be exercised by the Purchasing Agent after opening allbids received to either accept the highest bid or reject all bids.
10. A list of the motor vehicles to be sold is as follows;
1
2
3
4
5
6-
7
8
9.
10
11
12
13
14
15
.16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Year Make
2004 | PON2000 BUT
2003 L FOR2005 | HON2004 i PON2007 i YAM2000
1992
HON
ACU
2001 ! HON
1999 ACU
,2006 | HON
2012 | PET1999
1996
2003
2004
1998
1999
GMCHON
PON
FOR
NIS
FONT
1986 | POP2005
2002
NIS
GMC
2014 | HON
1999 | HON1996 | JEE2005
1999
19972000
1998
2007
HOHHON
HON
KIA
NISHYU
type
J^DR,I 4DRI suv
2DR
4DRi'MC
4DR
2DR
2DR
4DR
^_I 4DR,
TRJEC
I VANI 4DR
4DR
4DR
4DR
J 4DR4DR
4DR
I 4DRsuv
I 4DR4DR
I 4DRI 4DR'
2DR
4DR
2DR
4DR
I VIN#2G2WS522241140789
2G4WB55K5Y1194676
1FMZU72KX3UB22375
^_I 1HGEM22975L036275
_J 2G2WP522541349543
_I rYARJ12Y37A003536
JHLRD1863YC031394
JH4DA9451NS029378
1HGEM21941L090290
19UUA5646XA015081
I 5FNRL38696B0614321XPHDP9X2CD138277
1GTHG35ROX1037805
1HGEJ6672TL017851
1G2HX52K434194382
1FAFP53234A168107
JN1CA21D8WT502756
1G2NE52E2XC506147 .
2B4HB21T8GK518462
1N4BA41E85C810530
I 3GKFK16Z12G302920
5J6RM4H39EL076530 __
J 2HGEJ6679XH5 84948U4GZ58YOTC226841
1HGCM56435A137106
1HGEJ6677XL034179
1HGEJ8140VL005774
I KNAFB1217Y5839364
I 4N2DN11 UWD8002075NPET46C77H263766
Mmimum Bid
$58,379.40
$40,073,52
$42,443,60
$20,565.60 .
$19,955.70
$19,727.88
$19,442.10
$16,874.10
$15,943.20
$14,673.46
$13,888.80
$43,571.00
$24,852.80
$7,982.40
$5,401.66
$7,500.90
•$7,179.90
$6,955.20
$13,682.00
$6,794.70 .
$13,232.60
$6,634.20
$6,602.10
$13,104.20
$6,602.10
$6,570.00
$6,570.00
$6,505.80
$6,441.60
$6,377.40 '
Continuation of Resolution
City Clerk File No,
Agenda No,
TITLE;
Res. 18-506
io-z.8 MAY 2 3 2018
pg,^
31
32
,33
34
35
36
37
38
39
40
41
42
43
44
45
46
47'
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
19942006
1998
2007
2005
2003
2002
I998.
1999
2001
2003
2002
2001
1994
2000
2006
2004
2008
1999
2000
_!?"-1991
1988
2006
2008
_1999-
2000
2003
2003
2007
2004
2009
2005
1997
199720091994
2002
2002
2000
HON
HON
FOR
CHE
FOR.
ACU
VOL
HON
CHE
FOR
CHR
LAN
SATHON
HON
FOR
CHE
NIS
MER
NIS
TOY
BMWCHE
PONDOD
FOR
BMWVOL
LEST
CHE
NTS
TOY
CAD
MER
DOD
NIS
TOY
NIS
CHR
DOD
4DR
4DR
4DR
I 4DRI 4DR
4DR
4DR
2DR
4DR
VAN
VAN
4DR
4DR
I 4DR4DR
4DR
4DR
4DR
1HGCD5650RA069636
I 5FNRL38816B098122_| 1FAFP52S3WA238550
. _1 2G1WT55K079249884
1FAFP34N95W131029
JH4KA965X3C002823
YV1VS29582F846591
•1HGCG2253WA023533
1GNCT18WOXK105128
2PMZA51431BA12870
1C8GJ45313B174298
SALTY12492A748683
1G8JW54R61Y585656
1HGCD5634RA105679
2HGEJ6612YH545518
2FAFP71W26X133781
J AG1WF52E049281879
I SEDAN 4-DR
4DR
4DR
2DR .
I MH4DR
4DR
2DR
4DR
I 4DR4DR
4DR
] 4DR4DR
4DR
4DR
4DR
4DR4DR
4DR
I 4DRJ_4DR_
JN8AS58VX8W140730
2MEFM74W5XX702685
__J_JN1CA31D1YT508679
2T1BR12E4XC212459
WBABB2313MEC25315
1GBKP37WXJ3311021
! 1G2ZH5782642431452B3KA43G08H334267
1FTZX1725XNA88119
WBAAM3347YFP80819
J _FVITS92DX31304229
5LMEU78H33ZJ40825
I 1G1AL58F677358196j 1N4BA41B34C877695
1NXBU40E09Z002705
1G6DP567X50I01555
_2MELM75W4VX684341
2B4GP243XVR186084
.- I JN8AS58V99W167404
JT2SK13EOR0265281
JN1DA31AX2T311270
J 3C4FY58B42T268366
J 1B4HS28N9YF129210
I $6,377.40
I $'6,377.40 .
I- $6,377.40
$4,686.61
I $6,281.10
J_$6J8480^
I $6,184.80
$6,152.70
I $6,120.60
I $6,120.60
I $6,088.50
I $11,935.79
$5,952.86
$5,952.86 ,
I $5,888.74
$5,856.68
$5,824.62
$5,792.56
$5,760.50
$5,760.50 .
I $5,760.50
$5,728.44
$1,9,047.12
I $5,696.38
I $5,696.38
$11,294.49
$5,632.26
$5,600.20
$11,037.97
$5,568.14
$5,568.14 •
$5,536.08
$5,536.08
I $5,536.08
$5,536.08
$5,504.02
$5,504.02
$5,504.02
I $5,504.02
J $10,845.58 .
Continuation of Resoiution
City Clerk File No. Res.18-506
Agenda No.
TITLE:
lo.z.s MAY23?ni8
Pg,#
APPROVED:/
APPROVED:PS7sb
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
. 2004
2002
2002
2006
-200L
2003
2005
2000
2002
2005
19971995
2000
1999
2000
2004
2003
2000
1998
1996
1998
2001
19982002
2003
2010
2003
2003
HONMER
CHE
CAD
HON
NISHON
MBFOR
HONMER
NIS
HON.
LEX
HON
TOYCUE
CHE
HON
TOYJEE
FOR
BUI
MIN
vwHON
HYU
ACU
4DR
I 4DR _2DR •
I 4DR _
2DR
I 4DR __
j 4DR4DR2DR
4DR
4DR
4DR
4DR
4DR
4DR
4DR
2DR
I 4DRI 4DR
4DR-
J.ADR.
4DR
4DR
2DR
4DR
J 4DR
_J_
4DR
4DR
1HGCM6-6514A026812
4M2ZV11TX2DJ068U
•2G1FP22K222108162 ,
J 1G6DM57T9601289011HGEM225UL043195
J 1N4AL11E53C2466611HGCM56895A066044
J WDBJF65J2YB0829511FMYU70E22UB82089
1HGCM56415A181816
J_LMELM58SOVA617645^
4N2DN11W8SD867506
2HKRL1861YH615247
JT8BF28G6X0191078
] JHLRD1867YC008006
4T1BE32K44U358769
2G1WW12E639415138
1G1ND52J3Y6266336
1HGCF8643WA207250
4T1BG12K2TU779855
U4GZ58SXWC113317
I 1FMYU04101KE72324I 1G4HR52K9WH480579
J _WMWRE33402TD57334
3VWSE69M83M155302
19XFA1F81AE055592
KMHWF25S53A748848
19UUA56663A041823
$5,471.96
.$5,471.96
,$5,471,.96
$5,439.90
$5,407.84
$5,311.66
$5,247.54
$5,215,48
$5,076.46
$5,012.48
$4,852.53
$4,820.54
$4,692.58
$4,628.60
$4,628.60
$4,596.61
$4,564.62
$4,468.65
$4,468.65
$4,404.67
$4,404.67
$4,372,68
$4,372.68
$4,340.69
$4,340.69
$4,340.69
$4,308.70
$4,244.72
P6-f- APPROVED AS TO LEGAL FORM
^?.fi.
^Business Administrator
May 10,2018^ Corporation Counsel
Certification Required. E^
Not Required D_APPROVED CJ^Q
JIECORD OF COUNCIL VOTE ON FINAL PASSAGE ^'/^JTJS'COUNCILPERSONRIDLEYPRiNZ-AREY
BOGGfANO
AYE
J/_/7r
NAY N,V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~7_"^7
v
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES
"AYE"
_/_~T,
z:
'NAY N.V,
/ Indicates Vote
Adopted at a rpe^ting of the Municipal Coundi of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Fiolanil6 R. Lavarro, Jr., President of Counci
f.r
Robert'Byme, City Ql^rhity Ql^ri
RESOLUTION FACT SHEET " CONTRACT AWARDThis 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.
Full Title ofOrdinance/Resolution
RESOLUTION AUTHOMZING THE PURCHASING AGENT TO SELL VARIOUSIMPOUNDED MOTOR VEHICLES AT PUBLIC AUCTION
Project Manager
Department/DivisionName/Title
Phone/email
DPWHector Ortiz
Martin Vaienti201-547-4400201-547-4422
Automotive
Asst, DPW Director
Asst. Automotive Director
ortizh(%icni,orgmvalentifSjjcni.org
Note; Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
•-'t- The City of Jersey City ("City") acquired title to various motor vehicles which were impounded and
these vehicles have salvage value.^ The City is offering to sell ninety eight (98) motor vehicles.4. NJ.S.A^ 40A:11-36 authorizes the sale of municipal personal propei-ty not needed for public use by
public sale.•-4- The Purchasing Agent desu-es to sell these motor vehicles by conducting a public auction.
"iL The City will transfer title to all vehicles that remain unsold at the conclusion of the public auction tothe impound operator.
Cost (Identify all sources and amounts)
Type of award | Auction Resolution
Contract term (include all proposed renewals)
If "Other Exception", enter type
Additional Information
I cerfife/that all the facts^resented herein are accurate.
of I so I ^<Signature of Department rilirec^ Date
Signature of Purchasing Director Date
City Clerk File No.
Agenda No.
Approved:
TITLE:
Resd. 18-507
10.Z.9
RESOLUTION AUTHORIZING THE CITY OP JERSEY CITY TO RNTKRINTO A COOPERATION AGREEMENT WITH THE JERSEY CITYREDEVELOPMENT AGENCY ALLOWING USE AND ACCESS TO CITYOWNRD PROPERTY AT 80 BAY STREET(BLOCK 11609, LOT 2) WITHINTHE POWERHOUSE ARTS DISTRICT RRDEVRLOPMRNT AREA
WHEREAS, the City ol'Jerscy CUy !K the owner olproperty fisted below which lius vvilliin thePovverhoiLse Arts District redevelopment Area:
BLOCK
1 i 609
LOT ADDRESS
2 SO Bay Street
WHEREAS, the improvements on the Property include the Jersey City PowerhoLtsu SlrucUu'e;
u nd
WHEREAS, die Jersey City Redevelopment Agency has the rcyponsibility ofncquiring theabove mentioned property within the Powerhouse Art.s Di'itricl R.cdcveIupmL'nt Arcu to clTcctuatc thei-ehabiSUation, redevelopment and revitalixu.lion of'tlie areu:and
WHEREAS, the City and Aycncy previously cnlercd iiito a LiccnKc Agreement wliich granted(.lie Agency acccs.s to the property ibr the purposL' ofslabiliziny the slrucUn'e vvhicli i^iccn.sc Ayreemcnlhns expired; nnd
WHEREAS, the Jcraey Cily Kccleveiopment Agency require'i continued i.icccs.s to the pmpertyIbr purpoi-se?; ol performing additional activilies. la iiicludc general maintenance of the propcily; nnd
WHERRAS, the locus ol the .sUibiNzadon and general mainl.enynce is t.o prevent furllierdeterioration oftlic ylmclurc / properly; and
WHEREAS, the Local Redevelopment and Huu.sing Law NJ.S.A. 40A:i2A-38 and 39(0
authori/.e.s such agreements and coupcrotion between the City and Jersey City Rcxfevclopment Agency.
NOW,THRRE|70RE, BE IT RRSOLVRD, BY THE Munictpa! Council ol'thc CityoJ'Jer<icyCity that:
1. A Rc.suluUon to enter into ti Coapmtiun Ayreemcnt between the Cily oUcr.sey Cily andJersey City R.udevelopmenl iind/or hs dcHiynee.s, to utilize, access and perform
ylabilixation, repair and general maintenance oftlic above listed property for a term ofone (I) year commencing on Lhcdatcole^ectitionof IhcCoopemtionAgret'mentwliicl')may be extended for a period of90 days if agreed by both parties is hereby granted.
2. 1 lie Mayor and Buyincss AdminiKU-nior arc hereby authori/ed lo cxccule a Licen.se
Agreement in the form allached.
Continuation of Resolution
City Clerk File No. _Res. 18-507
Agenda No. _10.Z.9
TITLE:
Pg.#
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required D
COUNC!LPERSONRIDLEYPRINZ-AREY
BOGGIANO
Not Required DAPPROVED
_RECORD OF COUNCIL VOTE ON FINAL PASSAGE ^ _ ? 1AYE NAY N,V. COUNCILPERSON
YUN
SOLOMON
ROBINSON
AYE NAY N,V, COUNCILPERSONR1VERA
WATTERMAN
LAVARRO, PRES,
.^8-AYE NAY N,V.
/Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J,
N.V.-Not Voting (Abstain)
•Rolando R. Lavarro, Jr., President of Council Robert Byme, City Clerk
RESOLUTION FACT SHEET - CONTRACT AWARDThis 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
Full Title of Ordinance/Resolution
RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TO ENTER INTO A COOPERATION AGREEMENT WITH THEJERSEY CITY REDEVELOPMENT AGENCY ALLOWING USE AND ACCESS TO CITY OWNED PROPERTY AT 80 BAYSTREET (BLOCK 11609, LOT 2) WITHIN THE POWERHOUSE ARTS DISTRICT REDEVELOPMENT AREA
Project ManagerDepartment/Division
Name/TitlePhone/email
Business Administration
Brian Platt Business Administrator
bplatt@jcnj,org
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
Cooperation Agreement by and between the City of Jersey City and the Jersey City Redevelopment Agency to use and access to Cityowned property at 80 Bay Street (block 11609, lot 2). The Agency requires continued access to the property for the purposes ofperforming additional activities, to include stabilization and general maintenance of the property.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
Type of award Select type of contract award
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
<k ^Signature of Department Director
\lniDate
COOPERATION AGREEMENT
This Agreement made this __ __ day of_ _, 201 8, between the City of JerseyCity, a Municipal Corporation of the State of New Jersey, with offices at City Hall, 280 Grove Street,
Jersey City, New Jersey 07302 (hereinafter the "City") and fhe Jersey City Redevelopment Agency,
with offices at 66 York Street, 3 Floor, Jersey City, New Jersey (hereinafter the "Agency"),
RECFTALS
WHEREAS, file City is the owner ofaportionofthe existing Jersey City Powerhouse, morespecifically Block 11609, Lot 2 (80 Bay Street) (hereinafter fhe "Property") within the PowerhouseArts District Redevelopment Area; and
WHEREAS, the Uniform Shared Services Consolidation Act, NJ.SA. 40A:65-1 et seq.,
authorizes agreements between a municipality and an autonomous agency of the municipality to
provide services to each other; and
WHEREAS, the Agency and the City find it mutually beneficial and in. the public's bestinterest to enter into a Cooperation Agreement for the mamte&ance of the Property; and
NOW THEREFORE, the parties agree as follows:
The City of Jersey City is the owner of a portion of the existing Jersey City Powerhouse,
more specifically Block 11609, Lot 2 (80 Bay Street)withia the Powerhouse Arts DistrictRedevelopment Area.
The City will not be required to furnish any services to implement the objectives of fhisCooperation Agreement other than insm-mg the Property.
The Agency will have access to the property for the purposes of performing activities
including general maintenance of the Property specifically the vacantpiece of land located on Greene
Street.
The Cooperation Agreement shall commence on the execution of the document and expire
one year later which date may be extended for a period of 90 days if agreed to by both parties.
tN WTTNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to
be executed by their duly authorized officers.
ATTEST: CITY OF JERSEY CITY
Robert Byme Brian PlattCity Clerk Business Administrator
WITNESS: JERSEY CITY REDEVELOPMENT AGENCY
Diana JeffreyActing Executive Director
Resolution No. 18-04-
RESOLUTION OF THE BOARD OF COMfVIISSiONERS OF THE JERSEY C!TY
REDEVELOPMENT AGENCY AUTHORIZING THE AGENCY TO ENTER
INTO A COOPERATION AGREEMENT WITH THE CITY OF JERSEY CITY
FOR THE MAINTENANCE OF THE LOT ADJACENT TO THEPOWERHOUSE.
WHEREAS, on July 14, 2004, the Municipal Council of the City of Jersey City determined
the Powerhouse Arts District Study Area to be "An Area In Need of Redevelopment" pursuant
to New Jersey Local Housing and Redevelopment Law P.L. 1992, c. 79;and
WHEREAS, the City of Jersey City is the owner of the lot adjacent to the Powerhouse/
located at Biock 11609/ Lot 2 (the "Property") within the Powerhouse Arts District
Redevelopment Area; and
WHEREAS, in furtherance of the goals and objective of the Powerhouse Arts District
Redevelopment Plan/ the City of Jersey City is desirous to enter into a Cooperation Agreement
with the Jersey City Redevelopment Agency (the "Agency") for the maintenance of the lot
adjacent to the Powerhouse; and
WHEREAS, the Uniform Shared Services Consolidation Act/ N.J.S.A. 40A:65-1 et seq./
authorizes agreements between a municipality and an autonomous agency of the municipality
to provide services to each other; and
WHEREAS, the Jersey City Redevelopment Agency, is a local autonomous Agency of the
City of Jersey City/ created pursuant to N.J.S.A. 40A:12a-ll, that furthers the goals and
objectives of the local Redevelopment and Housing Law by undertaking redevelopment
projects within the City of Jersey City; and
WHEREAS, the Agency and the City find it mutually beneficial and in the public s interest
to enter into a Cooperation Agreement for the maintenance of the lot adjacent to the
Powerhouse; and
WHEREAS, the Agency has the necessary expertise, resources and is willing to maintain
the lot adjacent to the Powerhouse; and
WHEREAS, the term of the Cooperation Agreement will be for a period of one (1) year
from execution/ with an automatic renewal of ninety (90) days at the Executive Director's sole
approval and discretion; and
NOW, THEREFORE, BE IT RESOLVED/ by the Board of Commissioners of the Jersey City
Redevelopment Agency that:
/AResolution No. 18-04-,
2. The Agency is authorized to enter into a Cooperation Agreement with
the City of Jersey City for the purpose of maintaining said property; and
3. The City shall compensate the Agency for providing said services for a
total amount not to exceed one doltar ($1); and
4. The term of the Cooperation Agreement will be for a period of one (1)
year from execution/ with an automatic renewal of ninety (90) days at
the Executive Director's sole approval and discretion; and
5. The Chairman/ Vice Chairman/ Executive Director and or Secretary are
hereby authorized to enter into said Agreement.
Certified to be a true and correct copy of a Resolution of the Board of Commissioners of the
Jersey City Redevelopment Agency adopted at their Regular Meeting of April 17, 2018.
Ad£i 1.
RECORD OF COMMISSIONERSVQTENAME
Donald R. Brown
Douglas Carlucci
Evelyn Farmer
Erma D. Greene
Rolando R. Lavan-o, Jr.
Darwin R. Ona
Daniel Rivera
AYE
^tV:^L~sT
NAY ABSTAIN ABSENT
:z
^
City Clerk File No.
Agenda No.
Approved:
TITLE:
Resd. 18-507
10.Z.9
MAY 2 3 29i§
RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TO ENTERINTO A COOPERATION AGREKMENT WITH THE JERSEY CITYRRDRVELOl'MENT AGENCY ALLOWING USE AM) ACCESS TO CITYOWNED PROPERTY AT 80 BAY STRRET(BLOCK 1U)09, LOT 2) WITHINTHE POWERHOUSE ARTS DISTRICT REDEVELOPMENT AREA
WHEREAS, the City of JCI-HCV City is (.he owner of property liylcd below which lies wilhin thePowerhuuh'e Arts District Kcdcvclopmcnt Area;
BLOCK
I 1609
LOT ADDRESS
2 SO Buy Street
WHEREAS, the improvements on the Property include the Jensey Cil.y PovverhouHe Sl.ructure;and
WHEREAS, the Jei-Kcy City Redevelopment Agency has the i-e.sponsibili^y of acquiring thenbove mentioned property within the Powtirhousc AI'IK Diytrict Redevelopment Area to effectualc the
rehnbilital.iun, rcdcvelopmcntand revilnliztUion of the nren; and
WHEREAS, die City and Agency previuuiily entered into a LicenHC Agreement wliidi gmntedthe Agency access to the pfopL;rly Ibr the purpose; of stabilising the sti-uoturc which 1-iccn.sc AgrcemcnlIiaa expired; nnd
WHEREAS, the Jersey City Redevelopment Agency rcquires continuud acceyy to tlie propertyIbf purposes ofperlorming addilionaJ activities, to include general maintenance of the property; and
WHEREAS, the focus of the slabilizalion and gnnft'al maintenance Ls to prevent furtherdeter i oral! on oltlie slruclure / property; and
WHEREAS, the Local Redevelopment and I-]ou<iing Law N.J.S.A. 40A:!2A-38 and 39(Qauthorizes such agreemenls and coupcraLion between the City and Jersey City Rcdcvdopmcnt Agency.
NOW, THEREFORE, 13E IT RRSOLVRD, BY THB Municipnl Council ul'the City of JerseyCity Lhut;
I. A Resolution to enter into n Cooperation Agrcemenl between the City oFJer.sey City and
Jersey City Redevelopment and/or its de'iignce.s, lo ul:ili7.c, access and perlbrmst.abilizat.ion, repair and general maintenance ultlie above listed property for i\ irnn of
one (1) year commrncing on the date olexecution of the CoaperalionAgrcemenL whichmay be extended for a period ol90 days iFayrecd by both pai'Lics is hereby gmnlud.
2. The Mayor und Buaine^ Administraior arc hei-cby aullion/ed lo execute a LicenceAgreement in Ihe Ibrm EiUaclicd,
Continuatioh of Resolution
City Clerk Fiie No, _Res. 18-507
Agenda No. _10.Z.9 MAY 2 3 2018
TITLE:
Pg.#
APPROVED;
APPROVED:
APPROVED AS TO LEGAL FORM
Ui.Business Administrator Corporation Counsel
Certification Required D
Not Required a
COUNCiLPERSONRIDLEY
PRINZ-AREY
BOGGIANO
APPROVED ?-0RECORD OF COUNCIL VOTE ON FiNAL PASSAGE _fj. ?3_L8_
AYE
z:~77~7~
NAY N.V. COUNCiLPERSONYUN
SOLOMON
ROBINSON
AYE
z:7'~7~
NAY N.V, COUNC1LPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
AYE
~z_ZL7~
NAY N.V.
/ Indicates Vote
Adopted atajps^tir^-pfthe Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
/f^olarjA) R, Lavarro, Jr., President of Counci RoWrt Byrne, Ci^Clerl
City Clerk File No.
Agenda No.
RESOLUTION RATIFYING A CONTRACT AWARD TO MICROSYSTEMS, INC. TOPROVIDE SERVICES TO SUPPORT THE TAX ASSESSOR'S MODIV SYSTEM
WHEREAS, the Tax Assessor's Office uses a proprietary computer software program known as
the MODIV System for the purposes of printing and mailing of assessment cards; and
WHEREAS, contracts for the performance of goods or services for the support or maintenance of
proprietary computer hardware and software are exempt from public bidding pursuant to N.J.S.A.
40A:ll-5(l)(dd); and
WHEREAS, the MODTV System is a proprietary computer software program. and MicroSystems,
Inc. provided support services to the City of Jersey City's (City) MODTV System beginning on
JanuaryOl, 2018; and
WHEREAS, the total. cost of providing the services to die City for the calendar year of 2018 is
$31,881.39 allocated between postcards at 31,796.39 and set-up fee of 85.00; and
WHEREAS, funds in the amount of $31,881.39 are available in AccoTjntNo. 01-201-20-150-305;
and
WHEREAS, the City is acquiring these services directly and openly as a statutorily permitted
contract to pursuant to the provisions ofN.J.S.A. 19;44A-20.4 et seq. (Pay-to-Play Law);and
WHEREAS, the City's Tax Assessor has determined and certified in writing that the value of the
contract exceeds $17,500.00; and
WHEREAS, MicroSystems has completed and submitted a Business Entity Disclosure
Certification which certifies fhat MicroSystems has not made any reportable contributions to the
political or candidate committees listed in the Business Entity Disclosure Certification in flie
previous one year, and the contract prohibits MicroSystem from making any reportable
contributions during the term of the contract; and
WHEREAS, MicroSystems has submitted a Chapter 271 Political Disclosure Statement prior tothe award of this contract; and
WHEREAS, MicroSystems has submitted its Certification of Compliance with fhe City's
Contractor Pay-to-Play Reform Ordinance 08-128 adopted on September 3, 2008.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City
that:
1. A contract award in the amount of $31,881.39 to MicroSystems, lac. for the support of the
MODFV System utilized by the Tax Assessor's Office for a term effective as of
January 01, 2018 and ending on December 31,2018 is hereby ratified;
2. Tins contract is awarded without public bidding pursuant to NJ.S.A. 40A:ll-5(l)(dd)because it is for the support or mamtenance of proprietary computer software; and
City Clerk File No. Res. 18-508
Agenda No. _lo-z-l°
Approved:^
TITLE: RESOLUTION RATIFYING A CONTRACT AWAJRD TO MICROSYSTE]^y(|l|8BIK/GyPROVIDE SERVICES TO SUPPORT THE TAX ASSESSOR'S MODIV SYST^i®^?^^
3. The Business Entity Disclosure Certification, Chapter 271 Political Disclosure Certification,
Certification of Compliance with the City's Contractor ofPay-to-Play Reform Ordinance, and
the Determination of Value certification, attached hereto and incorporated herein by
reference, shall be placed on file with fhis Resolution.
I, (Domia Mauer) certified that funds are in the
amount of $31,881.39 are available in Account No.: 01-201-20-150-305
APPROVED::
APPROVED:
APPROVED AS TO LEGAL FORMM.£W'<
Business Administrator Corporation Counsel
_RECORD_OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE NAY N,V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE NAY NV, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES.
AYE NAY N.V,
/ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Rolando R. Lavarro, Jr., President of Council Robert Byrne, City Clerk
RESOLUTION FACT SHEET - CONTRACT AWARDThis summary sheet is to be attached to fhe front of any resolution that is submitted for Council consideration.
Incomplete or vague fact sheets will be returned with the resolution.
Full Title of Ordmance/Resolution
Resolution ratifying a contract award to MicroSystem, Inc
Pj-oject Manager
^Department/Division^Name/TitlePhone/email
Tax Asses set's Office
Eduardo Toloza
201-.547- 4804
Tax Assessor's Office
Director/ Assessoi
Edward@jcnj. oig
Note: Project Manager must be available by phono during agenda meeting (Wednesday prior to couDcil meeting @4;00p.m.)
Contract Purpose
To provide services to support the Tax Assessor s MOD TV System.
Cost (Identify aU sources and amounts) Contract term (include all proposed renewals)
$31,88139 12monfhs
Type of award OPEN
If "Other Exception", enter type
Additional Information
certify t^t/all the facts presented herein are accurate.
Signa0^ of Department Director
'^//^Date
DETERMINATION OF VALUE CERTIFICATION
Eduardo Toloza, of full age, hereby certifies as follows:
1. I am the Tax Assessor ofths City of Jersey City (City).
2. The City requires the services of Microsystems, Inc. to provide support services to the City'sMODVI system.
3. The contract is exempt from public bidding pursuantto N.J.S.A. 40A:1 l'5(l)(dd).
4. I recommend that the City award a contract for software services to Micro systems, Inc.
5. The term of fhe contract is one year effective as of January 1, 2018.
6. The estimated amount of the contract exceeds $17,500.00
7. This certification is made pursuant to NJ.SA. 19:44A-20.5.
8. I certify that the foregoing statements are true. I am^w-are.;that if any of the foregomgstatements made by me are willfully false, I am subject to punishment
Dated: ^y-v//^'~^
Eduirdo Toloza, City Tax Assessor
AGREEMENT
AGREEMENT made this day of ,2018 between the CITY OF JERSEYCITY, a municipal corporation of the State of New Jersey ("City"), City Hall, 280 Grove Street,Jersey City, New Jersey 07302 and MICROSYSTEMS, INC., ("Consultant" or "Contractor"),985 Route 202/206, Bridgewater, NJ, 08807
WHEREAS, the Tax Assessor's Office uses a proprietary computer software program
known as the MOD IV System for the purposes of printing and mailing assessment cards; and
WHEREAS, contracts for the performance of goods or services for the support or
maintenance of proprietary computer hardware and software are exempt from public bidding
pursuant to NJ.S.A. 40A: 1 l-5(l)(dd); and
WHEREAS, the MOD IV System is a proprietary computer software program and
MicroSystems, Inc. provided support services to the City's MOD IV System beginning on
January 1,2018;and
WHEREAS, the total cost of providing the services to the City for the calendar year of
2018 is $32,041.10.
NOW THEREFORE, in consideration of the promises and of the mutual covenants,
agreements, terms and conditions herein set forth, and of the undertakings of each party to the
other, the parties hereto each binding itself, its successors and assigns, do mutually covenant,
promise, and agree as follows:
ARTICLE IPurpose of Agreement
The purpose of this Agreement is for the Consultant to provide services to support the Tax
Assessor's MOD IV system.
ARTICLE 11Scope of Services
1. Consultant shall perform for the City all the services as described in the ConsultantsProposal (Exhibit "A"), which is attached hereto and incorporated herein by reference. Thecontract consists of this Agreement and the Proposal. This Agreement and the Proposal are
intended to complement and supplement each other. In the event that there is a conflict or
discrepancy between the provisions of this Agreement and the Proposal, the provisions of thisAgreement shall govern over the provisions of the Proposal.
2. The contract term is one (1) year effective as of January 1, 2018.
3. The scope of services to be performed shall not be materially different from, or more or lessextensive, than those specified above unless such modifications are reduced in writing and signed
by authorized representatives of the City and Consultant. Any modifications which increase thecompensation of Consultant shall require the prior authorization of the City.
ARTICLE IIIContractual 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 anindependent conb'actor. 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 toassure that all work is correct and appropriate for the purposes intended.
ARTICLE IVCompensation and Payment
1. In exchange for performing the services described in Article II herein, the Contractor shallreceive a total contract amount not to exceed $32,041.10 including fees and expenses.Compensation shall be payable upon submission and verification of monthly invoices to the
City's Assessor's Department. Each invoice shall include a description of all services and
materials for which the invoice is being submitted. Contractor understands that each invoice
must be submitted to the governing body of the City for approval prior to payment. Thegoverning body meets on the second and fourth Wednesdays of each month. The processing time
for payment is approximately three (3) weeks.
ARTICLE VInsurance
1. Consultant shall purchase and maintain the following insurance during the terms of this
Contract:
A. Comprehensive General Liability: including Premises Operations, ProductsCompleted Operations, and Independent Consultant Coverages - covering as insured Consultant
with not less than one million dollars ($1,000,000) per occurrence and two million dollars($2,000,000) in the aggregate; including produced and completed operations coverage. The City ofJersey City, its agents, servants shall be named as additional insured.
B. Professional Liability Insurance: covering as insured the Consultant with not less
than two million dollars ($2,000,000). Professional liability insurance shall be kept in force untilat least one (1) year after the expiration of this Agreement.
C. Automobile Liability Coverage: covering as msured Consultant with not less than
one million dollars ($1,000,000) combined single limit for Bodily Injury and Property DamageLiability, including non-owned Automobile Liability Coverage.
D. Workmen's Compensation Insurance: New Jersey statutory limits and Employer'sLiability m the amount of $1,000,000
E. Cyber Liability in amount of two million dollars ($2,000,000) each incident and maggregate.
F. Umbrella Policy iu the amount of two million dollars ($2,000,000) above theGeneral Liability, Automobile Liability, and Employer's Liability.
2. Consultant agrees to procure and maintain insurance of the kinds and in the amountshereinabove 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 thisContract.
Consultant shall furnish the City certificates of insurance upon execution of this
Agreement.
3. The insurance policies described in this Article shall be kept in force for the periodspecified below.
All coverage should remain in effect for the term of the contract.
ARTICLE VIIndemnity
The Consultant agrees to indemnify, hold harmless and defend the City, its officers,
agents, servants and employees as thek interests may appear, from any and all liability
including claims, demands, losses, costs, damages and expenses of every kind anddescription or damage to persons or property arising out of or in connection with oroccurring during the course of this agreement where such liability is founded upon or grows
out of the acts, errors or omissions of the Consultant, its officers, employees, agents or
subcontractors. The Consultant will after reasonable notice thereof, defend and pay the
expense of defending any suit which may be commenced against the City, its officers,
agents, servants and employees as their interests may appear, by any third person alleging
injury by reason of such carelessness or negligence and will pay any judgment which may beobtained against the City, its officers, agents, servants and employees as their interests mayappear in such suit. In defending any suit, the Consultant shall not, without obtaining
express written permission in advance from City's Corporation Counsel, raise any defenseinvolving in any way the immunity of the City or the provisions of any statute respecting
suits against the City. The Consultant shall be required to provide all appropriatedocumentation demonstrating the compliance with indemnity requirements of the Contractto the City with the executed Contract.
ARTICLE VIIEntire Agreement
1. This Agreement constitutes the entire agreement among the Cities and Consultant. It
supersedes all prior or contemporaneous communications, representations of agreement, whetheroral 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 agreementhereafter made between the parties shall be binding on either party unless reduced to writing andsigned by an authorized officer of the party sought to be bound thereby.
2. This agreement shall m all respects be interpreted and construed and the rights of the partythereto shall be governed by the laws of the State of New Jersey.
ARTICLE VIIIAssignment
Consultant shall make no assignment nor transfer this Agreement or assign or transfer anypart of the work under this Agreement without the written consent of the Cities. This Agreement
shall be binding upon the parties hereto, their heirs, executors, legal representatives and assigns.
ARTICLE DCNotice
All notices or other communications given hereunder shall be in writing and shall bedeemed to be duly given if delivered to:
Eduardo Toloza
City AssessorCity Hall280 Grove Street Room 1 16Jersey City, NJ 073 02
ARTICLE XNew Jersey Business Registration Requirements
The Consultant shall provide written notice to its subconsultants of the responsibility tosubmit proof of business registration to the Consultant.
Before final payment on the contract is made by the contracting agency, the Consultantshall submit an accurate list and the proof of business registration of each subonsultant or supplier
used in the fulfillment of the contract, or shall attest that no subconsultants were used.
For the term of the contract, the Consultant and each of its affiliates and a subconsultant
and each of its affiliates (XJ.S.A. 52:32-44(g)(3)) shall collect and remit to the Director, NewJersey 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 personalproperty is intended for a contract with a contractmg agency.
A business organization that fails to provide a copy of a business registration as requiredpursuant to section 1 ofP.L. 2001, c. 134(C.52:32-44etseq.)of subsection e. or f. of section 92 ofP.L. 1977, c. 110(0.5:12-92), or that provides false business registration mfonnation under the
requirements of either of those sections, shall be liable for a penalty of $25 for each day ofviolation, not to exceed $50,000 for each business registration copy not properly provided under a
contract with a contracting agency.
ARTICLE XICity of Jersey City Lobbyist Disclosure Ordinance
This contract was awarded in accordance with the provisions of the City's Disclosure ofLobbyist Representative Status Ordmance §3-9.1 et seq. adopted on June 12, 2002. As such the
undersigned does hereby attest that Consultant either did not retain the services of a lobbyist tolobby on behalf of the Consultant for the award of this contract, or if a lobbyist was retained by theConsultant for such purposes, the Consultant's lobbyist, prior to commencing his/her lobbying
activities, filed a notice of lobbyist representative status form with the City Clerk. AnyConsultant whose lobbyist failed to comply with the provisions of Ordinance §3-9.1 et seq.,followmg notice and an opporUmity to be heard, shall be disqualified from entering into contracts
with the City for a period of two (2) years for each violation.
ARTICLE XIIPolitical Contribution Prohibition
This contract has been awarded to the Contractor based on the merits and abilitiesof 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 toN.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.l9, affect its eligibility to perform thiscontract, 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 isserving 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 Cityof Jersey City when the contract is awarded.
ARTICLE XIIIChapter 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 receivescontracts in excess of $50,000 from public entities in a calendar year. It is the Contractor's
responsibility to determine if filing is necessary. Additional information on thisrequirement is available from ELEC at 888-313-3532 or at www.elec.state.ni.us.
ARTICLE XIVCity of Jersey City Contractor Pav-to-Play Reform Ordinance
The contract is awarded in accordance with the City of Jersey City s ContractorPay-to-Play Reform Ordinance 08-128 adopted on September 23, 2008. The Contractor,
its subsidiaries, assigns or principals have certified that they have neither made a reportable
contribution in the one year period preceding the date that the City Council awarded thecontract that would be deemed to be a violation of Ordinance 08-128, nor will Contractor,
its subsidiaries, assigns or principals make a reportable contribution during the term of the
contract that would be in violation of Ordinance 08-128.
DSf WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted by their duly authorized officers.
Attest: City of Jersey City
Robert Byrne, City Clerk Eduardo Toloza, Tax Assessor
Attest: MicroSystems, Inc.
EXHIBIT A
TAX ASSESSOR APPROVAL to Print and Mail ASSESSMENT NOTICES for County/District Code: 0906Price Quote for January 2018: 58,319 @ .545 + 85.00 = $31,868.86Please send a- purchase order to our office to confirm your order.The above quote will change if Tax List line items are added or deleted after 01/28/18.Sign this form after you have reviewed your Tax List and are ready for us to mail your cardsA message is required for Revaiued or Reassessed Districts.Contact us to make any corrections to this form.
Signature Date Name
CITY OF JERSEY CITYOFFICE OF THE ASSESSOR280 GROVE STREETJERSEY CITY, NJ 07302
DISTRICT:JERSEY CFTYCOUNTY: HUDSON COUNTY BOARD OF TAXATION
3RD PL, 257 CORNELISON AVE, JERSEY CITY NJ 07302DATEMABLED: 04/01/18
NOTICE OF PROPERTY TAX ASSESSMENT FOR 2018TffiS NOTICED REQUIRED UNDERN.J.S.A. 54:4-38.1
13003 ~ LOT: 1
0|0|Of49689
QUAL: C3.80
PROPERTY LOCATION: 80 COLUMBUS DR. CLASS:! 5 F
LAND: 0 BUILDING: 7,416,9002018 ASSESSMENT
TOTAL: 7,416,900
* REVALUATION DISTRICT *NET PROPERTY TAXES BILLED FOR 2017 2017 ASSESSMENT
WERE: $0.00 TOTAL:TfflS IS NOT A BILL. SEE OTHER SIDE FOR APPEAL INFORMATION.
COLUMBUS HOTEL URBAN RENEWAL, LLC3 SECOND ST.STE.1203 %HARJERSEY CITY/ NJ 07311
MicroSystems-NJ.corn, L.L.C.985 Route 202/206
Bridgewater, NJ 08807-(908) 704-8862
Customer Code: JERSEY-TAPhone:
Invoice Date: 01/14/18Invoice #: 12707
JERSEY CITY TAX ASSESSORCITY HALL280 GROVE STREETJERSEY CITY, NJ 07302
Quantity
INVOICE
Item Description 1 Unit Price | Tax | Extended Amount
58342.00 POST CARDS
1.00 SET-UP FEE
.545
85.000
31/796.39
85.00
i'\ 1 ;j 2018
NJ State Sales Tax: .00
Due Date: 01/24/18 Total For Invoice#12707: 31,881.39
AMERICANS WITH DISABILITIES ACT OF 1990Eqaal Opportunity for Individuals with Disability
The contractor and the c±ty _ of Jersey City_, (hereafter ."owner"*) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Actof 1990 (the "Act") (42 U.S.C. S121 01 et seq.), whicli proliibits discrimination ou the basis ofdisability by public entities in all services, programs, and activities provided or made available bypublic entities, and fhe rules and regulations promulgated pursuant there mito, are made a part ofthis contract.
In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, thecontractor agrees that the performance shall be in strict compUauce •with the Act. '
la fhe event that the contractor, its agents, servants, employees, or subcontractors violate or are
alleged to have violated the Act during the performance of this conh-act, the conb'actor shatt-defend the owner ui any action or administrative proceedijag commenced pursuant to this Act,
Tlie contractor shall indemnify, protect, aad save harmless the owner, its agents, servants, and
employees from and against any and all suits, claims, losses, cbmaads, or damages, of whateverkind or nature arising out of or claimed to arise out of the alleged violation,
The contractor shall, at its own expense, appear, defend, and pay any and all cliarges for legalservices and any and ail costs and other expeasss arising from such action, or adminisdative
proceeding or incurred in connection therewitii. la any and all complaints brought pursuaat to ,the owner's grievance procedure, the contractor agrees to abide by any decision of the ownerwhich is rendered pursuant to s aid grievance procedure. If any action or adrmnistrativeproceeding results in ah award of damages against the owner, or if the owner incurs any expenseto cure a violation of the ADA •which has been brought pursuant to its grievance procedure, thecontractor shall satisfy and discliarge the same at its own expEus&.
The owner shall, as soon as practicable after a claim has been made against it, give written noticethereof to the contractor along with full and complete particulars oftbte claim, If any action or'admmisfrative proceeding is brought agauast the owner or any of its agents, servants, andemployees, tfae owner shall expeditiously forwardt or have forwardeci to the contractor everydemand, complamt, notice^ summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood fhat any approval by the owner of &e services provided bythe contractor pursuant to this contract will not relieve the contractor of the obligation to complywith fhe Act and to defend, indemnify, protect, and save harmless fee owuer pursuant to thisparagraph.
It is further agreed and understood that the owner assumes no obligation to mdemnffy or saveliannless the conbractor, its agents, servants, employees aud subcontractors for any claim which
mayarise out of their performance of this Agreement
NJ.S.A. 10:5-31 and NJLA*C. 17:27MANDATORY EQUAL EMPLOYMENT OPPORTUNTTY LANGUAGE
Goods, Professional Services and Geaeral Service Coniracfe(Mandatory Alfirmath'e Action Language)
During'fhe performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, v/hew applicable, will not discriminatB against any employee orapplicant for employmeaf because of age, race, creed, color, national prigifl, ancesdy, marital status,afifeotlonal or sexual orientation or sex, Except with respect to affectional or sexual orientation, thecontractor will take aGQrmative action to ensum that such applicants are recruited and employed, and fhatemploy&es iar&trfiiated during employment, wifeout regard to Iheir ag8» race» creed, color, national origip,ancestry, marital status, aSbctional or sexual orieatattoa or ^&x. Suoh action shall mclude, but not b^limited to the following: employment, upgcadmg, demofion» or transfer; recruitment or reonritmentadvertismg; layoff or temiination; rates ofpay.orofherfbnns of compensation; arid solecdoa fortoalniagiincluding apprenticeship. The contractor agrees to post in conspicuous places, availablo to employees.and' applicants for employment, notices fo l?e provided 1)y the Public Agency CoropHance OfScer settingforth provisions of this nondfscmmnatfon clausfi.
The contractor or subcontractor, where applicable will, m all solicitations or advertisemeats foremployees placed by or on behalf oflhe contractor, stale tte all qualified applicants will receiveconsideration for employment without regard to age, face, creed, color, national origin, ancestiy, mantalstatus, affectional or sexual orientation or sex.
The contractor or subcontractor, where a;prpltcable, will send to each labor union or I'epiesentative orworkers witfa which it has a collective bafgainmg agreement or other contract or understandmg» a notic&,to be provided by Ae agency contracting officer advlsmg the labor union, or workers^ representative of thecontractor's conamitments under this act and sfaall post copies of the; notice io conspicuous placesavailable to employees and applicants for employment
The contractor or subcontractor, where applicable, agrees to comply whii any fegulations promulgated bythe Treasurer pursuant to N.J.SA. 10:5-31 et seq., as amended and supplemented fcom time to thne andthe Americans wi&DJsabUitfes Act ' , ,
.The contractor or subcontractor agrees to maks good faith efforte to employ minority an4 women workersconsistent with the applicable county employment goals established m accordance with NJ.A.C,17:27-5.2, era binding detesmiination of As applicable comriy etnployment goals detemuned by theDivision, pursuant to N.J.A.C. 17:27-5.2. •
The.cofltractor or subcontractor agrees to mfoim in writing its appropriate recruitment agencies iricludmg»but not lixnited to, employment agencies, plac&tnent bweaus, colleges, universities, labor wiions. that if .does not discrimuiate on fhe basis of-age, creed, color, national ongin, ancestry, marital statuSya£Eectional or sexual, orientation or sex, aod tiiat it will discontmue the use of any rccruitmeat agency ' -
which engages m direct or'mdirect discriminatoEy practices. . •
The contracFtcrf or subcontractor agrees to revise asy of rts testing procedures, ifnecessaiy, to assure that .
aITjpersfSme! testing confoctns with Ae principles ofjob-related testing^ as established by the statutes and
^eQnff^^^be^authori^attdtouwIed^Hpofffiecinmmsfmice^doCTliere&yc^^ •MicroSystenas-nj •cora.^ It*Ii,c,fnam9 ofbndness'BatIly} has aot Baade any xeportabteconlributioinsm&o^one-yearperiodpiecedhig, _' 1,13/18 _(datoCityCouuoi!owaidscoaIracOtf^^^dbedeemedtoltgviolaticBsofSectionQBoof&BCStyofJGrsfiyCays •Contractor Pay-t&'PIayEjofoan Ontoaos 08-128 (attached liswto) and ibatwouldbar the awariloffeIfi.coBtract Ifitt8ierc8rtlfythatdariDgfli8t8TOof^l8®°Dfeart MicroSvotoms-n^,corn, £,(name oflro^e^ eiri^)^^fiot mate aay^ori^le coatdbutions m violation of Otd!^i28. " . ~ * * .
PASTH-Signatut&aadAttestate . '»
*nis undei^gujrf is fiiUyawaie (b^ if I^ve m!fit^res?tcd Sa whole orpart fins afifiraaat^. tertifibafio^I^dfor^^usineBS entity,'s^bflKabtef^aiypBnaIty^ennitteclimderI&w^
Ndtos of Business Enffy, moroSystems-nj.com, £i,&,.C** ^ - • • --
&£r'tftA— ^>/<i5*^»— virtn* Mssabeis
FrintNfime- William K. -Rsafes - - nfitB*_'_ 1/13/18
lp*puismmt to Section 2 ofOxdiuance '08-12?, no contributions orsolioitatlon ofcoatributtoas mad® prior to (he cff&ctive date Ofdiaasce 08"128 September 23,2008)sW be deamed to 1)0 a violation of the QrdiiUBHoe.
ttron»csBasiffis^n^*i,w^onifa^
MINORITYAVOMAN BUSINESS ENTERPRISE (MWBE)Questionnaire for BiddersJersey City Ordinance C-829 establishes a goal of awarding 20% of the dollar amount oftotaLt
city procurement to minority and woman owned business enterprises.To assist us in momtormg OUT achievement of this goal, please indicate below whether yourcompany is or is not a minority owned and/or woman owned business, and return, this fomi with
Definition of Minority Business Enterprise. MinorityBusmess Enterprise means a busmess •which is a sole proprietorship, parfcn.ership or .
corporation at least 51% of which is owned and controlled by persons who are AfricanAmerican, Hispanic, Asian American, American Indian orAIaskan native, defined as follows:
African American: a person having origins in any of the black racial groups of Afi'ica
Hispanic: a person of Mexican, Puerto Rican, Central or South American or other non-Europeaa
Spanish culture or origin regardless of race.
Asian: a person having origins in any of the origmal peoples oftheFarEast, South Bast Asia,Indian subcontinent, Hawaii or the Pacific Islands,
American Indian or Alaskan Native: a person having origins in any of the original peoples ofNorth America and who maiatains cultural identification through tribal affiUation pr commnnityrecognition.
Woman Business Enterprise .Woman Business Enterprise means a business which is a sole proprietorship, partnership orcorporation at least 51 % of which is owned and controlled by a woman or women.
use ofanyreoruittnsnt agency which engages in diceot or indirect disorimingtoiy praoticeg,.The ''coatractar or subcontractor agrees to revise any of its testicg procedures, ifaecessaiy, toassure that all personnel testing conforms wfh the principles ofjob-ratofed tssfing, as establishedby the ste&rieg aad court dectetons of the State ofNew Jersey and as estabHghed by applicable
. Federal law and apfplicable Federal court decisions.
2i coadTomuag with fbe &pp4oable en^ltfymcnt goats, (fae coatmotor or mibconfractor agress to^review all procedures relating to transfer, -upgradui& downgrading and layoff to eosure that allsuch. actions are ta&ea wi&out regard to sge» creed, wlor, Dadonal origb, aacest^, maritalstatus, affeotional or sexual orientafioa or BOX, consNent with the statutes and court decisions ofthe State o3FNw Jersey, and- applicable Federal law and appIicaUo Federal ctmrt deoisions.Tfafi confracfor sad its subcontractors shall fiiraishsush. reports or other documents to fheDivision of Contract Compliance & EEO as maylje requested^y the Divisloa fiom tita8 to fenein orier to cany out &e yarposes offlftse rs^uIaHonai, and publio agpncies ahall &rnisli suchinfonnafion as ipaybe requested by the Division of Contract Compliance & BEO for conductinga compUaDce investigation pursuant to Subchapfer 10 of the Adminisfrfltive Code at N.J*A.C»i7;27. ~ • ' •
The imdersigaed vendor certifies that Wsbe receSved, read, and is aware of feecommitment to comply with:
N.J.SA.XO:5-3J andN.JA,a 17:27MANOATORYEQUALEMPLOYMENT OPPOIOTJNTOT LANGUAGE;Goods, Professional Services and General Service Contracts(Mandatory AfCtmaQve Actfon Language)
T?e undersigned vendor ftirflier agrees to Sssmsh the required forms of evidence andOBderstflsds that his/her bid shaB be rejected as nun-responstveifsaid contractor fails tocomply with the reqairements ofNJ.SA 10:5-31 snd N.J.A.C. 17:27 <
Rq'resentBtive's Aame/ISfle (Prittt): William K, Raska .
Representattve's Simature: ^^- ^'.
Name of Company; MxcKoSystems-nj . corn, L. Ii, C,
TetNo.;908 70^ 89®21&ate; 1/13/18
BUSINESS ENTrryDISCLOSUXECEKrEFXCA.TXONFOR. NCW-FAmAND OPEN CONTRACTS
R^uic&dPtusuantToNJ,SA, $9i44A-20*8CiryQp/ERwdTr
E&rt I -VeRclacAffimnatIonTbeimdciB^pcd> bdag Authorized and lEBowIedgefibl&jofAB decimwtfinceSi does bcwbyrcrtify t^Qtt^c <sw»«/'^^w^^ has liotnudosndTriHnotinate fifty teponaycconseSbudoaspUBSuant to NJ^A lfc44A»l eteeg.tba^pursunnt toPJL 2004, c. 19 would bur the awerd of thig coDteact to the one year period preceding (SSt/if ^want^t6cdffSnlfcr^fwafeff^tsnfmtfbyiw^jiWfi^StV^} to aay of the fallowmg named witfidste committee JohtcamHdaKscopumue^ or political patty cpmmfeee n^seBeafing the dcctsd offidols of the <nam9 <sfesS^ ofst^cfffna!j> asdcfinedwusuant to N.f.SA, l9t44A-3fp\ (q)ettd'(^»ElecttOttPufld&tStevenPidw (2013)ToamPolopTeamFoIopRuuoffLnvnrco for CouncilCoundlpcisonjoyco E»WattetttifiuCouncHpdtSon Oaalel Rivsra
I cssSfy fiiat the Ibt hefow contdtts thft oflmea ond borne sddises&es o?oU ownera holtEog 10% oc more ofAeiseusd and oatstandbg stock of the imdetslgncd.
Check fheb&x thatreprescnte the type ofbuslnece cutity;
pflrt3-st^ftTOufflAAfflgstefieeiDie uBiieiMgaedia fiiSy aw»e that If I have miacepKseated m vAole or part thia aP&matioo qnd eeriificatloa, I scd/oethe business eutity, wiU bo llabte for imy peaatty pennlttcd under law.Name ofBudnera T^rityi _ ^ywSyst-fimfl-n^ . r-nm T..T. . C. —
AiEWEMATTO ACTION COMPUANCB NOTICENtJ.S.A. 10i&31 end NJ*A.C.-17t27 • ' 'GOODS AND SECT2CES CONTRACTS
' ONCLmNG-JPROFESSXONAl.SERyrCES)This form is a snaaroaTy offbs tuccessfiil bidd6r*6 reqiiBi'ement -to comply wifli tbft reqniremeatsofMJ.S.A. lOiS-31 BadNJA.C. )7;27. . . '
Tbt cncccssfid bidder shall siiibmit to the public agepcy, after notification of award but priortoNiewtlon &f this oonteact, onft of the following lihres docomfsBts as forms of&Yi(Ieac&; .
(a) A {ihotooopy of a vslid letter that tb& coutractor is operating under an existingPederally approved or easctloned affirmsth/e Bction pTOgfam (good fbr one year from ibftdate (tttitia letter); '' ' . .t , <• .
OR'
(b) A pbotocopy.of a Cejlificat&ofEmployce iDfannalion Report appFovat» issued heccordaiiOswitfaNJA.C. l7;27-4t
OR
(c) Aj&otooopy of an Employwlnfonnati'on Report CFoiro AA30^) provided l>y theDivision and distributed lo Ae public ageaoy to be compleisEi by tiie o&Btractor InBCcardBnas with UU.C. 17:27-4. » • * .
The sncccsfifiil vendor rasy obtain the Atenafivc Acfion Eaiiployee Is&jma.tioo KqiOTt(AA302).ftom the oonlratttlng uait dttring ttoimal Wness^ours.The successiul 'vcndor(s) must suboait tbo copies of the AA302 Stepori to && Division ofContract tdfflpliancc and Equal Effiployfflcnt OppDrltenity fai Public Confcr&cts (DlvisioD). TbePabUo Agency copy is Abmitted to fte public Bgencyi and tlie.veador copy is retained by lft&vendor. • ' . .
*
T&eundaslgasd vendor certifies that he/she ts aware of the conmufment 10 coroply wH3i tiisrequiremaots ofNJ.SA 10^-33 aniTNJAC, H:27 and agrees to JEbausb ths required forms ofewdeface;
»
Tbs undersigned vendor ftfftlicr UDdemasds tbat lits/ber Nd sHsIl be ifijcctpd as rton-responrive. if said can&Bctorfaps to comply ^ith As TcquiremeotsofNJ.S.A. 30:5-31 flndN.U.C. 17:27.
This form or its permitted facsimile must be submitted to the local unitno later than 10 days prior to the award of the contract.
Part I - Vendor Information
Vendor Name:
Address: ICity:
985Micros vstems-n-i
Route_2 02-206/State
.corn r L.L.C.
Bndcrewater,i Zip:
_NJ_ 08807
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions ofNJ.S.A^ 19:44A-20.26 and as represented by the Instructions accompanying thisform.
•fi^^iiy — /- ,
Signature
William K. Raska Member
Printed Name Title
Part II - Contribution Disclosure
Disclosure requirement: Pursuant to NJ.-S.A. 19:44A-20.26 this disclosure must include all reportablepolitical contributions (more than $300 per election cycle) over the 12 months prior to submission to thecommittees of the government entities listed on the form provided by the local unit.
Q Check here if disclosure is provided in electronic form.
Contributor Name
Non e_
Recipient Name Date Dollar Amount$
n Check here if the information is continued on subsequent page(s)
AFFIRMATIVE ACTION COMPUAJNCE NOTICEN.J.S.A. 10:5-31 and N.J.A.C..17:27 • ' '
GOODS AND SERVICES CONTRACTS , . ,[INCLUDING'PROFESSIONAL SERVTCSS)This form is asumroary of the successfaJ bidder's requircm&nt to comply wHhtb&rcqmrsin&nts
ofWJ.SA. 10:5-3] and NJ.A.C.] 7:27.
Thft mcc&ssful bid-der shall submif to the public agency, alter notification of award but prior tosxeoution of this contract, on& of the following fbrfre documents as fonas offcvideace;
(a) A photocopy of a valid letter thai Uie contra.ctoj- is operating under an existingF&d&rally approved or Easctioned affinnatp/e acdon program (good for one year from the.date of the letter); ' ' . ' ^ .
OR • .
(b) A photocopy, of a Certificate-of Employee InformalioDE-eport approval> issued inBccordanoe \vi& NJA.C. 17:27-4;
OR
(c) Aphotooopy of an Employee Information Report (Form AA302) provided by thesDivision aad distributed to the public agency to be completed by die confcractoT inaccordaBcewithNJA.C. 17:2'M. . • ' .
The successful vendor may obt&un the AfBnna.tive Action Employee InfonnatioD ReporL(AA302),fTom the contracting unit during normaj 'bu&in.esG ^ours,The successful vendor(s) must submi't the copies of the AA302 Report to the Dtyisioo of
Contract CdmpUance and Equal Employm&nt Opportmiity in Public Conh-acts (Divisioa), TbePublic A-gency copy is submitted to &e pvblic agency, and tlic.vendor copy is retai&ed by thevendor. • , .
Tiie imdersigned vendor certifiss that he/shs is av<lare of the commitm&ni to comply with thsrequirements ofN;J.SA. 10:5-31 and'NJ.A.C. ]7:27 and agrees to famish the requu^'d farms of
evidence;
The undersigned vendor fcrtlier understands AELt iiis/ber bid sHaIl be r&jectpd BS rion-responsiv&if said costractor fails lo comply with th&Tc.quirements ofNJ.S.A.. 10:5-31 andN,},A..C> 17;27,
COMPANY; MA-croSys-fcems-m . corn, L.L.C. _.
SIGNATURE; ' /^^.^- /^./f^^-^. DATE-._3L/13/16-_
PRINT •. . • . -
-NAM.E: William, K. Raska TITLE; Member
ATOBMATWE ACTION COMPLIANCE (SAMPLE DOCUJVIENTS),
IMPORTANT: ..READ THE FOLLOW1MG tNSTRUGTONS CAREFULLY BEFORE COMPLET1MG THE FORM.PRINT OR nPE ALL INFORMATION. FAILURE TO PROPERLY COMPLETE THE ENTfRE FORMMAY DELAY ISSUANCE OF YOUR CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OFEMPLOYEE INFORMATION REPORT, DO HOT COMPLETG THIS FORM, SEND Copy OFCURRENT CERTIFICATE TO THE PUBLIC AGEMCY. DO MOT COMPLETE THIS FORM FOR .CONSTRUCTION CONTRACT AWARDS.
iTERff I - Entsrthe Fsdsral Idsnyfl&atlon Number asslsnerf bythe Irtomal Rsvanua Servtog, or tf a Ffidera) EmpJoy&rIdenfificatfon Number hpB basn appllad •for, or if yourbusln&aa Is sucH that you have not or \jyl!l not receiva aFedefaf Empfoysr WentificaS&n Number, enter the Social.Securfty Numtter of tha ownar or of one partner, fn ih& caseofapartnerehlp.
ITEM 2 " ChsA the box apptoprfats fo your riTPE OFBUSINESS. Ifyou sra engagad In mors than ana type ofbusiness check the predomtnata one. IFyou ara amanufaG&trar dBrfvfng mara than 50% of your r&cetpta •ftomyour own retail ouUstSi chBdt "Reta'i)'.
ITEM 3 " Sitsr the total "numb&r" of employ693 In tha entirecompany, mcludJng part-tfme ernptoyees. This nunnhar shallfnchids all factlltfes [n tha entfra fimi or corporation.
FTEM 4 - Entsr tha nama by vuhfch Ihg company Is Identifted.If there la more than ons company name, wter tfiBpr&dom&iato ona. ^ . . •
ITEM 6" Entsr tha physical Ipcatlon of the company. IncludaCity, County, Stata end Zip Coda,
ITEtVI fi - Enter (ha nams of any parent or affiliated companyIncluding ths City, County» State and Zip Code. If thera fanona, so Indtcata by entering "Nona" or N/A.
ITEM 7 - Check tha box Bpproprlajte to your typfl of companyeetabUshmant "Stngte-estabKshmetit Employed 6ha(l inoJud&an employer wrfiose bus&i&as Is conducted at only one .physical location. "Muttf-eatabllshment Employat" shallfholuds sn employer wfidsQ busJneas fa conducted at moreIftan ons locatfon. • '
' FTCM B - If 'MutB-eatabttshment*' v/&s enlered In Item 8, enterthe number of&stabyshmsnts wfthfn tiie Stat& of NewJeres^.
ITt=M 0 - Enter tta total numbsr of empfoyess at theestabltshmsnt being awardsd the cpntraat,
rrEM 10- Entsr ihe nams of the Public Agancy awarding thacontract Jnctuda City> County, Stats and 2(p Cods.
tTQU! 1'! - Enter tha appropriata flgursB on all RFI&S and in allcolumns. THIS SHALL ONLY INCLUDE EMPLOYMENTDATA FROM THE FACtLITV THAT IS BE1NB AWARDED
., THE CONTRACT. DO NOT list ft& Bamaemptoyee 01 oiorsthan ona job category. DO NOT attach an EEO-1 Report
RactsI/EthnIc Qrotipa wIU be defhied;Black: Not of Htepanfo origTn. Pereons having origin fn any of
. ths Blach racial groups ofAfirica.Hispanic; Persona of Mexican, Puerto RIcan, Cuban,or
' Central or South Amerfcan or o?er Spanish'cuftura or origh,' regardiessofrace.
American Indian orAlsskan Nativo: Persons havtnfl oiiglnsIn, any of tha orfglnal peoples of North AmBrica, and whomaintain ciHtural Idsnliflcatfon through tribal BffiHation orcomrrtunltyracognffion.. . • 'Asian or Pacific teland$r? Porsons having origin En any oftha Ofigfnal peoples of the Far East, Southeast A$ta. tha 'Indten Sub-conttnent ortha Paclflo Islands, This areamohidss forexgmpte^ China, Japan. Korea, the PhtflipplnsIslands and Samoa.Non-MInority; Any Persons not IdentiCed In any of theaforementioned Raciat/Efhnlc Groups.
FTEM 12- ChscKths approprfato box, tftha race or ethnicgroup information'was not obtalnsct by 1 or 2, specHy by whatother means ffife was done hi 3. • ' •
ITEM 13 - Entsrihe datss of iha payroll period used toprepare tfis employment data prBsented In [torn 12.
ITEM 14 - If this is tha first tffn? an Employ&e tnfonnatlor*Report has been submitted forWs company, check blocfc"Yes".
ITEM 15 - tftha answer to ftem 15 is "No" enter thadats.vAiQn tha last Empfoyfi& (nfomiafion peport was submitted bythfe company;
FTEM 18 - Printer type the nama ofth& person complBtJngtha forfft. Induda the sfgnafure, title and <fata.
TTEK 17 - Enter th& physIcaT tooalfon wherQ &IQ (bmi Is beingcoiTtpIetad. Include city, ^tats. Zip Code and Phone Numbsr.
TYPE OR PRINT IN SHARP BALL POINT PEH
THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION JtEPORT FORM (AA302) AND RETAIN COPY FOR. THEVENDOR'S OWNQLES. THE VENDOR IS TO SUBMITA COPY TO THE PUBUC AGBNCY AWAJRDING TBS CONTRACT ANDFORWARD A COpy TO? -
NJ Departincat of the TreasuryDivision of Contract CompUaace & Equa! Eimployracnt Oppotinnlty
PA Box 209Tnnlon, New JoRey 08825-0209 Tetephona N&. (609) 2B2-5475
BUSINESS ENTITYDISCLOSURE CERTIFICATIONFOB.NON-FAIRAND OPEN CONTKA.CTS'
Required PixsuaatTo NJ.S,A, l9:44A-20.8
<NAME DP CONTR^CHNOAGENC^
The folloSvtngis stnl-utory text related to the teuns Eind cif'Ations used ia due Buslness'Eatity DisclosureCel-tification form,
"Local Unit Pay-To-PlAy Law" (P.L. 2004, c.l9, as.ameaded by P.L. 2005, c,51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is ^ nntural pcraon, a. con.b'ibution by that person s spouse oc child, residing thete\vith,
shall be deemed to be a contribudon by the business endfy. When a, business entity is other th'sm a natutral person, a.
contribution-by any pfitson or other busia.css endiyha.ving-un inteircst therein shall be deemed to be A contdbufcton
by the business cn.tity.
19:44A~20.7 Defimuons relative to certain campaign contributions.
6. As used in sections 2 through 12 of this iicfc
"business entity means EUiyna-tural oc legaJ person, business corporation, professional services cotpocation, limited
liability compiiny, pafluetslitp, iltaited partnership, business LrusL, assocktion or a.ay otlie'r legal comineccial entity
organized under the laws of this State or of nny otlier state 01: foreign jurisdiclion;
"interest" means the bwnetsliip ot contrQl ofinote dian 10% oftbeproRts GJ: assets ofa business eadty or 10% of
the stock in the case of a businciis entity that is a. cDq^oca.tion for profit, HH appropriate;
Temporary and Executing
1.2. Nothing contained in this (ict; shflU be consta.ied ns a.ffecdog- the cUgibiliLy of atiy business entity to petfotm n.
pubUc contract: because tha-fc entity inade a coa.tributlon to any committee durUig the one-yeac period immediately
preceding th-e effective date of this act.
The New Jersey Campaign ContribuUoos and Expenditures Rcpot'ling Act [N.J.S.A* 19;44A.-1 et
seq.)
19:44A-3 Definidous* In pectinenfcpfltt...
p. The teem "poUricalpiu.'ty committee means the Stn-te. cotnmktfie of K poliucal pait^.as organiacd pursuant to
ILS.l 9:5-4, aay county committee of a political pa.rly, as organized pursmEit to ItS.19:5-3, or nny municipal
committee of n political pturty, as orgiuiized pursuant to R.S.19:5-2.
q, The teirm candldftte •committee" means a comtoifctee estabLished pursuaAt to subsection a. of section 9 of '
P.L.1973, c.83 (C.19;44A-9) for the purpose of recelvitig-contributions andmaldng ucpetiditufes. '
r. the tetm Joint candidates committee meaas a. committee established pursuant to subsection a. of section 9 of
T'.L.1973, c.83 (C,19;44A"9) by at lcasE two cfttididates for the same elecdvc public offices in the samfc election in a.
legislndve district:, county, munlcipEiIity-or school district, but not motc candidates than the total number of the same
elective public offices Eo be fitted tn that: election, foe the pticpose of [-ccdving contributions and maidng
expendituces. For the purpose of this subsficrion: ...; die offices of member of the board of (;h.osea fre&IioLders
and county executive shall be deemed to be the. same elective public offices In. a county; n.nd the offices of mayor
and m&mbetrof the mumdpalgovernilig.bocly shall, be deemed to be the same elective public offices in a
muLoicipaIify,
19:44A-8 and 16 Cotitribudous, expenditures,, reports, requirements.
WhtU tbsprovfsiwi of this section are too exlms'ws to rspnnt bsn, She faHowm^'ir tlwm&d to be ih( pertinent pari aQecfin^ amauftts of
cwinbitliotiK
The 5300 limit establish&d in this subsection shaJl letaala as stated in tli.ia subsecdon -withouL fiu'thiit adjustm&n£ by
the commission in the ma.n.nerptescubed by section-22 of P.L.1.993, c.65 (C.19:;14A-7.2) :
"n'm^TI •'?'K'?1
\. '.i .;*•-_ fr... ^'••, I'. If f; .-A
^^\: :'^f^-^i^i'^::']^^i
^•Av''i:'-^^-w^^:sn'^^^-
Taxpayer Iderrtificsttion^
Dear Business Representative:
Congraluhationst You are now registered wilh the Nsw Jersey Division of Revenue.
Use-the Taxpayer |dent!ftcatton Mumber listed above on all correspondence with the Divisionsof Revenue and TaxatiQn, as well as with the Department of Labor (if the business rs subjectto ufiemptoyment wittihoNlnss). .Your tax returns and payflnertts wiH be fited under this number,and you wilt be abte to access information about your account by referencing it
Addit1cnat)y, please sole that-Sl^te law (Public law 2001,0.^4) requires all contractors snd .. .. .subcontractors with State agencies to provide proof of their regEs'tration with the Div^ionof Revenue. The law also annonded Seclion 92 of the Casino Control Act, which d^als with the ;casino service industry.
We have attached a Proof of Regtstrallon Certificale.for your use. To comply with ?e law, if you sirecurrentiy under contractor entering into & contfactwHh a State agency, you must provide a copyof the certificate to Ihs contracting agency.
^ ...... ^ . •••••• This Certificate t5^0Tfig5lsnay9grlraii^Brqbtif"t(,mti.filbflcwsp!cuousl^dlsplayBd?)abt>vaad(ires5> •
^^S^^^^^K»!^S^^!^S!^Sff?^^^^!^S^^WWPP?^^V^^Sv^^
City Clerk File No.
Agenda No.
Approved:.
TITLE:
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO LENOVO US, INC. FOR THEPURCHASE AND DELIVERY OF THINKCENTRE COEVfPUTERS UNDER STATE CONTRACT FOR THEDEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY
COUNCIL OFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTION:
WHEREAS, the City of Jersey City's (City) computers are being replaced because the leasedcomputer equipment must be returned this year; and
WHEREAS, N,J,S,A. 40A;11-12 of the local Public Contracts Law authorizes municipalities to usea State Contract and N.J.A.C, 5:34-7.29 requires a City Council authorization for contracts exceeding$40,000.00; and
WHEREAS, Lenovo US, inc., 1009 Think Place, Morrisville, North Carolina 27560 is in possessionof state contract A87720, and wifl provide the computers for a total contract amount of one hundred fourthousand, seven hundred dollars ($104,700.00); and
WHEREAS, funds are available for this contract in the Capital Account;
Accf# P.O. # State Contract Total Contract04-215-55-129-990 000000 . A40121 $104,700.00
Ml^WHEREAS, the City Purchasing Agent has certified that he considers said proposal to be fair and
reasonable;
NOW, THEREFORE, BE fT RESOLVED by the Municipal Council of the City of Jersey City that:
1. A contract in the amount of $104,700.00 for the purchase ofcompijters is awarded to Lenovo US, Inc.
2, The contract is awarded without public bidding pursuant to N.J.SA 40A;11-12.
3, The term of the contract will be completed upon the delivery of goods and services.
4. Upon certification by an official or employee of the City authorized to administer the contract, that theservices have been provided and the requirements of the contract met, then paymentto the contractorshall be made in accordance with the provisions of the Locai Fiscal Affairs Law, N.J.S.A, 40A:5-1 etseq.
(Continued to page 2}
Continuation of Resolution
City Cierk File No,
Agenda No,
TITLE:-
Pg.#
Res. 18-509
io7z.n MAT2~3 2018
RESOLUTION AUTHORIZfNG THE AWARD OF A CONTRACT TO LENOVO US, INC. FOR THEPURCHASE AND DELiVERY OF TH1NKCENTRE COMPUTERS UNDER STATE CONTRACT FOR THEDEPARTIV1ENT OF ADIVHNISTRATION, DIVISION OF INFORMATION TECHNOLOGY
, Donna Mauer, Chief Financial Officer, certify that there are sufficientfunds avMabie for payment of this above resolution,
WHEREAS, funds are ayaiiabie for this contract in the Capital Account: f .0 ^ ^c
Acct# - .
04-215-55-129-990P.O. #
000000State Contract
A40121Total Contract$104,700.00
Approved by; /^?J/4^//f//^ Mfe l^i May 11,2018^Peter Folgado,Di rector of Purchasing DateRPPO,QPA
PF/pv/RR5/11/18
APPROVED:
APPROVED:
APPROVED_AS TO LEGAL FORM
I/JABusiness Administrator Corporation Counsei
Certification Required P.
Not Required DAPPROVED ^-0
^
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5^23 -18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE
z:"s-T
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
z:7~
/~T
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES,
AYE~T~n~7~
NAY N,V,
/ indicates Vote NV.-Not Voting (Abstain)
^ing/qfthe Municipal Council of the City of Jersey City N.J.
fu^^olai/ck/R, Lavarro, Jr., President of Council
^Robe?f Byrne, Ci^Clerk
RESOLUTION FACT SHEETThis summary sheet is to fae attached to the front of any resolution that is submitted for Council consideration. Incompleteor vague fact sheets will be returned with the resolution.
Full Title of Ordinance/Resolufion
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO LENOVO US, INC. FOR THEPURCHASE AND DELIVERY OF THINKCENTRE COMPUTERS UNDER STATE CONTRACTFOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY
InitiatorDepartmont/DivisionName/TitlePhone/email
AdministrationBemadette Kucharczuk201-547-4442-
Information TechnologyDirectorBKucharczuk(5tjcnj.org
Note: Inltiator must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
Currently, the City uses leased computers. The teased equipment must be returned this year. This purchasewill implement a phased computer replacement program. The long-term goal of the program is to replace20% of computers each year and rotate the equipment in the inventory to improve overall capability andsatisfaction with the hardware.
I certify that all the facts presented herein are accurate.
^L^T^;ignature of &epartfhepfjb!rector
/& ^
^ i-M /wPeter Folgado, Direct of PurchasingRPPO,QPA v
Thank you for requesting a quote from Lenovo. Your compiete quote information is included beiow. PSease feel free toreach me by phone or email to plsce your order,
Did you know that Lenovo can help wrap all of your hardware, software and-services into a single cost-effective fixedmonthly payment by using Lenovo Financial Services? Consen/e capital, lower your cost of use and gain topperformance with ongoing support. Ask us howi
TERMS AND CONDITIONS
After 6/'i8/20'18, prices and discounts are subject to change, Upon acceptance of this price quotation, the special priceoffering will be available beh/veen the start and end dates under the terms and conditions stated below.
Unless a separate agreement exists between Lenovo and Customer, all purchases are subject to the Lenovo Terms andConditions displayed at the following internet address: https://download.ienovo.com/lenovo/contenb'pdf/tnc/tc2,pdf
Thank you for choosing .Lenovo!
CHRIS CHRISTIEGovernor
Kffil GUADAGNOLi. Govemor
^ink af ^fa SersegDEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTyPROCUREMENT BUREAU
PO BOX 230TRENTON, NJ 08625-0230
FOSD M. SCUDDERState Treasurer
MAURICE GRIPPEDACTING Director
TO:
DATE:
FROM:
SUBJECT:
Amendment #: 03 (Revised)1VI-0483
Solicitation #: 16-R-24098
All Using Agencies
March 31, 2017
James E. Strype, Procurement Lead
NASPO VatuePoint Computer Equipment
Please be advised that contract M0483 has been extended as noted:
A
;r.'' :'~-.^:'"" -: ; ^Vendor -^- -^ ^^ , ^. •
ACE TECHNOLOGY PARTNERS LLCCISCO SYSTEMS INCCOMPUTER TECHNOLOGY LINKDELL MARKETING LPEMC CORPORATIONFiREFLY COMPUTERS LLCFUJITSU AMERICA INCHEWLETT PACKARD ENTERPRISEHITACHI DATA SYSTEMS CORPHOWARD INDUSTRIES INCHP.INCIBM CORPORATIONLENOVO UNITED STATES 1NCMICROSOFT CORPORATIONNETAPP INCNIMBLE STORAGE INCORACLE AMERICA INCPANASONIC CORPORATIONPURE STORAGE !NCTEGILE SYSTEMS 1NCTINTRI INC .
^'^ TTJL.h\.-^>'">'<?This is.to certiiy that ?e contractor {fsted.b'eio^'jYss 'suSmitt^d aji-^mplpyeQ information Report pursuant to
TME...S'>*^is'sutimittedap--
.^'y-\j^'" '."... "<.^-'.s^' -'. _... . '. .'„
NJ.A.C. 17:27-1.1 st. seq. and the S^la'|re9surer:h3S-appiloyed^aic(^epQrt. This approval witi rematn in
effectfor (he period of " 15^^^^^Sy's^-'202^^^••l1^ . ..->-.-- ^il?fesff
to.%
•^. %urf^ \ ^
\f ^ Yi•Vfn
LENOVO UNITED S'EATBlS IKfC?, ^;,^^&^1,V1005 THIN^ PLACE - BLIJ^^^W^"^MORRIS VILLS NC 27'5^(^5
"^7"s'
^•:
iiV^
^l!^ s-i^ /~/
y.^y
.^^SSr
FORD M. SCUDDER
State Treasurer
Minor ityAVoaan Business Enterprise (MWBE)Questionnaire for Bidders
Jersey City Ordinance C-829 est^bUshes a goal of awarding 20% of the dollar amount ofiotalcity procurement io'niinority and woman owned business ent&rpnses.
To assist us In monifQnng our achi&vetnent of this goal, please indicate below whsther yourcompany is or is not a minority o1>vnc.d and/or woman owned business, and return this form wifh
Minoriry Business Ear&rprise means a business which is a soie proprietors]! ip, partnsrstup or corporation at least5i%ofwlilch Is owittd and controlled by persons who are African American, Hispiinic, Asian American. Ainfericim
Indian or Ataskan nsUve, defmed as follows:
Afrieao A.iimr'tcan; $ pSFSon'havmg origms m any of Ehy bisckpici.&i groups oFAfrica
Hispadic: s. person of Mexican, Puerto Ricau, CenlTa^ or Soutl^ Amsrican or oiher noa-European Spanish
cuEtunsi or origin regsrdJcss of race..
A^ism: it person having origins m any of the origu-uiE pftoples ofths Far East, South East Asia, Indian
subcontinent, Hawaii or the Pacific Islnnds.
Am&tlcsn IndldH or Alaskan ]NKHVC: K person having &rigms in any ofths origina! peoples of NorthAmerica and who maintams: cuitur&l identification throfi^ tribal affiUation or conironnity recogiution.
Woman Busmcss Enterprise
Woraan Business Enlerprise means a business which b s sol& propn&lorsliip, pEirtocrsiiip or corporation at least 51%ofwtiich is owned &»d confcrolted by a •woma.n or womiin.
omCE OF EQUAL OPPOR'rUNlTY COPY
APPENDIX A .AM3SRICANS WXH BISABILITIES ACT OI? 19?0
Equrtl OpEiortuctty forlndivlfluals with Pis&bElity
G ^ of.5?y^^ C.s'ty (b&r&aflcr "ow^ief") do hereby afirco thdl tha?f-ilic Amorlcans WiUi Dis&bifltics Ac^ of 1990 Ohd "Act") f¥2 U.^C. S12I Q! ot
The contnctor and [h&
. prdvtsianaoFTJUo IL oflIicAinorIcans WiUiDis&blI
scq,), whbti prohibrtA di?crimitifiiioEi cui the basis Df dicabiitty by public cittlttos En idl soivicoSr prograiuStand acitvittcs provided or mftds Rvallabla by public onfitfos, tw6 flio.rule? find regulations promulgolcdpursuant lii&fe mit0( are nmds a paitQftIits contract, hipp&vidrag any sid, bcn&fiEfOrscrvJco on bohnlfohhoowner ptirsitfliifrto Hits voniract, lJi& c6y[rocloragrees fhslthe perfynnajica sJiuEI be in uiriotcom[ptfanc«W(t!ifjt& AoL In the ov6nt ihfil (hft coEitrac;f6ii Its figoiKs, sesr^nnly, empto^ecSt or subcontrfiotQre violate or sw
alIp^dto]]8Vcvblaf4dlh&AfrtduEitt^t!i&pcrfo)iT(flnocoftiiis<^ntraot,ih&wntra&torsbatldoftsi)d{ha.Dttn6Ffn ojiyttpUo« orivitnlaiyfcralivp proc'eetJltigconUtipfHicdpUfsufuiEto this Act. TTiocontraotorsli&Il kdsnin^protect, aitds&vs h6rml6s.s.1h& ownc^ its agents, sciryants,and cmployMsiTOm and ugainstuiyond allsuit^olulmff, losss^ dcniftitda, or dnnia^, ofwhftf&vorjdrid omotufc.,ftfi$iiig outofwol^mat! tcrfirisuoutoftiifestiegbd vtoiRlEon, The Mntrft&tor sh&EI, at HB own oxpcasc, sppcari (l&f<>ncl, •l»ct pay uny and aU/cbaTgos.ffir
• logftl swvEo&?flncl finyaad nU costs an if ofheroxpfttise? &ming£TOm supha'ctioi] or fidinlnlstiHEivo.p.rowcdlflgorinomT&dinconufr&fion ih&rewith.JnanyanddiE coinpJatntsbrou^tpur&uant-totiloownfcr'agTicvflncQprocedure, thocotitrsoidriigrocsiti abid&.byti))ydwisi&nofthoo\Yn6rv/fcfcli h rcndprod putiiuuit fo.s&idgri&VRnGoprctecdure. If any (lutioit'or'admimeirolivo pr&OAedtog results In an &WArd &fdmiaag6s figs'instdisowner, or Iftho owner iticureaiiy.cxpc.nse to ciirou vtolatiou of the; ADAwllIph bus beca brouglitpursuantto h? grjey&nw pi^ccdui-c, Uio caafrActor shfilt sotisfy (md tlischargo the sains.al i'ls own cxoonso.
71)y owner shfllE, as soon as practic^bjo&n^r a claim liafi bcyi runde ugjlinst if) give wrilt&n n&Elcc-fhort&ftothe contractor slon^ w[tl) ftitl find compfctfi pdrticutnts of the &}aim, If'apy aotioTf or sdmiatstratlvoprocoeifing is biought against tlio owne.r or nny pf jfcs agfents, servants, and'onTpIoye^ tho CTWier shdUwp'&diHcmsly fonwrd or-hav& fonvanied t& lli& contraclor wry dctnsnd, complaiii^ nolice, sununott^pleading, or olhfir prQc&ss rccyived by EJie owncy or its represcnl&fivcs.
IIs is expr&ssiy ftgrc^d a'nd ytiil6rtt&od ioai any Appr&vfit by llio owner of (be servi&ss; provided by ^comitwtor pUtmfit 10^ (hl^ oo(ifra&twll[ nol reh'DVQ-Ui& wntrwior of the obUg&Uoa to compEy wJtli-tiieAot
aad (v dtefemlt EnctcBinify, proto&^ anfi SWQ it&r?lc^£.tliii ownerpurstiani to iltts paragraph.
It h rurtlicr 8g»6c1 and luidersiood tii&ttho owner assum&s no obHg^on to Hi^itmify or s&V6 hftmii6?s tiis(,'oofmctor, its sgonts, s&rvsnU:, oihplpye&s and subcoitinn;tofs for any ^tin whic^h-tnay wlso oiri of their
Ewribmmico of till? Afifeorosnt. ParthDimoro, thei conlractor o^pressiy uuderslands and agrcos tii&t tbfrpr&vistoas of this itidemnifl&'iitoii olAUsesiinf! ill no'way limit ih&controotor's obligations Bssumwl ui (lifyA.yctwmcuti nor shall they b* cousmi&ri to roUwo (he contraplor fi'om any Itabtittyi nor prcotudo tJio own?rfrnm taking any other ftctions availftble; lo ftiindcr'fltiy o^crpFovisIOrts offho Agreement orotborwisc atf&w.
[^pv^nt^i^s Nflme/rme prinf): ,CA^l^5^L Trwy^,n G&nterf'Px&Uiffn nA(mQgprk.6pi*&sctihttivels &i^urth(?i ^^JLL^d^.^^ __^^[j^f^^^Hiue of Cpm]^uyC_Lf}TtOVQ C _l ^i/^T^^ ^^4<?^S.'T:^,£^__.[*eL Nu.t ^l^r-Sl4Lf-iflto<:1 Date ' ^Dh^
City Clerk File No.
Agenda No.
Approved:
TiTLE:
RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO FIRST PRIORin EMERGENCYVEHICLES INC. FOR THE PURCHASE AND DELIVERY OF AN EMERGENCY RESPONSE VEHICLETHROUGH THE HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAMFOR DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE
COUNCIL OFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTfON:
WHEREAS, N.J.S.A. 52:34-6.2 authorizes a mLinicipality to enter into cooperative purchasingagreements with one or more other states or political subdivisions for the purchase of goods and services; and
WHEREAS, certain economies can be achieved when public entities purchase goods and sen/icestogether under a cooperative pricing agreement; and
WHEREAS, the Houston-Qalveston Area Council Cooperative Purchasing is a lead agencyunder a Cooperative Pricing Agreement approved by the Division of Local Government Sen/ices; and
WHEREAS, Resolution 13.769 approved on November 13, 2013 authorized the City of Jersey City(City) to enterinto a Cooperative Agreementwith the Houston-Gah/eston Area Council Cooperative PurchasingProgram; and
WHEREAS, an emergency response vehicle is needed by the Department of Public Safety,Emergency Response and Emergency Services Units; and
WHEREAS, the Houston-Galveston Area Council Cooperative Purchasing awarded a contractto FirstPriority Emergency Vehicles Inc., for an emergency response vehicle that the City desires to purchase; and
WHEREAS, the Department of Public Safety, Division of Fire, wishes to purchase an emergencyresponse vehicle from First Priority Emergency Vehicles Inc., 2444 Ridgeway Boulevard, Building 500,Manchester, New Jersey 08759 who is in possession of HGAC contract AM10-16; and
WHEREAS, the total amount of the contract is $149,644.09; and
WHEREAS, the City Purchasing Agent has certified that he considers said proposal to be fair andreasonable; and
WHEREAS, these funds are available forthis expenditure in accordance with the requirements of theLocal Budget Law. N,J.S.A.40A;4-1 etseq,:
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City that;
1. A contract in the amount of $149,644,09 is awarded to First Priority Emergency Vehicles Inc. for thepurchase and delivery of an emergency rescue vehicle,
2. This contract is awarded pursuant to N.J.S.A, 52:34-6.2.
3, The term of the contract will be completed upon the delivery of the goods or services,
(Continued on page 2)
Continuation of Resolution
City Clerk File No.
Agenda No.
TITLE:
Pg.#
Res.18-510
10.Z.12 T3
RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO FIRST PRIORiTY EMERGENCYVEHICLES INC. FOR THE PURCHASE AND DELIVERY OF AN EMERGENCY RESPONSE VEHICLETHROUGH THE HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAMFOR DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE
4, Upon certification by an official or employee of the City authorized to administer the contract, that theservices have been provided and the requirements of the contract met, then paymentto the contractorshall be made in accordance with the provisions of the Local Fiscal Affairs Law, N.J.S.A.40A:5-1 etseq.
^ Donna Mauer, Chief Financial Officer, certify that there are sufficientfunds available for payment of this above resolution,
Capifaf Account P0#
Approved
PF/pv/RR3/29/18
Amount04-400-65-000-001 ^ 129187 $149,644,09
P^ter Fol@ad&, Dirjfcctor of PurchasingMay 7.2018Date
APPROVED:
APPROVED:'^
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required ^
Not Required aAPPROVED f-<?
RECORD OF COUNCIL VOTE_QN FINAL PASSAGE 5. 23 .18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE
_^_~7^~7~
NAY N,V, COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
J^,~7~
~r
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES
AYE
.z;z:~7~
NAY N,V,
/ Indicates Vote
Adopted ata tji>ing^if the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
R6lanfi6 R. Lavarro, Jr, President of Council
RESOLUTION FACT SHEETThis summary sheet is to be attached to the front of any resolution that is submitted for Council consideration, Incompleteor vague fad sheets wili be returned with the resoiution.
Full Title ofOrdinance/Resolutlon
RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT TO FIRST PRIORITYEEV1ERGENCY VEHICLE INC. FOR THE PURCHASE AND DELIVERY OF AN EIVIERGENCYRESPONSE VEHICLE THROUGH THE HOUSTON-GALVESTON AREA COUNCILCOOPERATIVE PURCHASING PROGRAM FOR DEPARTMENT OF PUBLIC SAFETY, DIVISIONOF FIRE
Note: IniUaior must be svaiiable by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Resolution Purpose
The vehicle being replaced is the Pu'e and Emergency Services Mask Service Unit, The Mask Service Unitprovides breathing air by flllmg air tanks at the scene of a fire. It is replacing a vehicle that is 13 years oldand currently out of service.
certify that all the facts presented herein are accurate,
JS^OAM^ fl^.Sigjhatljre of Department Director
%i^I^Date
Peter Folgado^ Director of PurchasingFQPA
^AA?Date
QUOTATION
Jersey City Fit'o.DepartmpntHenry Djguilio285-Marih;-.Blyd'.Jersey.Gity, NJ
From: MarkAlbiezSent: Friday, May 04, 2018 4:53 PMTo: Peter FolgadoCc: Patricia VegaSubject: Re: Approval for FD Vehicle
Approved. Thanks.
Sent from myiPhone
On May 4, 2018, at 4:49 PM, Peter Folgado <[email protected]> wrote:
Mark/
Pubiic Safety/Fire is looking to purchase a vehtcie.! have requested approvals by DPWDirector/Automotive Services and by the Chief of Staff who represents the Mayor's Office.
Piease see emails below/ the Division of Purchasing wil! not proceed without your authorization.
Thank you
PETER FOLGADODIRECTOR OF PURCHASING, RPPO, QPACITY OF JERSEY CETYDIVISION OF PURCHASING394 CENTRAL AVE, 3RD FLOORJERSEY CITY, NJ 07307
From: Janis Feuchack.[mailto:JFeuchack@)N3JCPS.QBG]Sent: Wednesday, May 02, 2018 9:52 AMTo: Patricia Vega; Peter FoigadoCc; Jerome CaiaSubject: FW: Approval for FD Vehicle
Please see Martin Valenti's response below. The chief of staff has not yet responded. Peter said he
wouid reach out to Mark. Please advise.
Janis FeuchackJersey CityDepartment of Public Safety/Fire465 Marin Blvd
Jersey Oty NJ 07302P: 201-547-4898
F: 201-547-5298
Patricia Vega
From: Janis Feuchack [[email protected]]Sent: Wednesday, May 02, 2018 9:52 AMTo: Patricia Vega; Peter FolgadoCc: Jerome Caia-Subject: FW: Approval for FD Vehicle
Please see Martin ValentFs response below. The chief of staff has not yet responded. Peter said he would reach out to
Mark. Please advise,
Janis Feuchack
Jersey CityDepartment of Public Ssfety/Fire465 Mann Blvd
From: Martin Vaienti [mai(to:MValentj@)jcm.org]Sent; Tuesday, April 10, 2018 11:39 AMTo: Jerome CalaCc: Mark Albiez; Hector Ortiz; James Shea; Peter Folgado; Janis FeuchackSubject: Re: Approval for FD Vehicle
JerrySpecs iook good. You can proceed.
Martin
Martin J.Valenti
Director Of AutomotiveJersey City Department Of Public Works15 Linden Ave East
Jersey City New Jersey 07305Telephone: (201} 547-4462Fax; 201-432-9530
The Fire Dept is purchasing a vehicle and the Purchasing Division needs the approval of the Chief ofStaff and the DPW Automotive Director to proceed with the purchase,The vehicle being purchased is the replacement for the Mask Service Unit which is ten years old and
currently out of service.
The cost of the vehicle is $150/000 and the funds have been approved and are available in the Capital
Budget.
1
Copies of the specs are available upon request.
Please approve our request so that we can move forward with the purchase.
Thank you for your assistance.
Jerry Cala
CONTJBAGTPXICmG WORKSHEET.For MOTOR VEH1CL£°S Only
GdnTr'iicf
No,;AMHW
TBate
Fi'opaj-c(T;:] T 1730/2017
This Worksheet is prepared: by Contra&tor ^ud given to End User. If a PQ is issued, both (locumenfs
-MUST be fa^ed to H-GAC @ .713-^93-4548.. Therefore please type oi- pri&t-legibly.
BuyingA^ncyi
JERSEY CITY .FIRE 'DEP-AR'F-MENT Co^A cto.ri: I F 1..RST P ^iOKlfy^ffiRGENCY^EHlCLES
|E< Published Options - Ttcmize belftiv - Afhclt fldditi&nitt shcet(s) if ncces^ry" InfluAc Opfioti Cotf& in descripfton tf appUKi.bie.[(Note; PnbEished .Qplions arc opiians wliicii \<i'ere.sutinul(e<J'£ind priced m Coriiramo.r'E bid.)
Deswiptt&n Cost Dcscfiptio.n Cpst
1SLS-15/20A-HGA.O. (I @ S740 EACH) 740|frCI-l!3-30-;HGAC. (_1 @.S,^3. EACH) 423
|ffDO-120-HGAC.,C4.@,Sl^ EACH)' 7.76
TOR-A-30.HGAG; (1: @~ $300.0 EAGH) •309.0
H)OR-RU-36-HGAC,-:(7 @ $1,3-]'4 EACH)., •9198
|#GEN-D-SK-HGAC-(1 •@$IX?45 EACH). 13945
SuMofnLRi'oiu Addilionftl SKce((s)[
SubtotaIB:^ 28082|
C. Uiqniblislted Oytions -,Itcmiz;& b;eiow / aytic|ra(iditi&nal shect(s) If necessary..CNo!e; U[ipt(bl!shc;d-.options'.are.items x'eluc.h-vvere-i'iot submitied-.aiid'priced ni G.ontt'nclor's'bid.)
Adam GreccoFirst Priority Emergen&y VehiclesStephanie Kovaleski
Customer City of Jersey City
Thanks for the opportunity to give you a quote on your (atesf project!
Equipment: One (1) 2018 Ford F-550 Cascade Truck
Unit Cost:Down Payment:Net Financed;Frequency of Payments;
Term:Payments:Factor;APR;
Delivery Date:First Payment Due:
$134,130.19$0.00
$134,130,19Annual
3$47,569.67
.354813.19%
To be determinedNovember, 2018
&$29,597.81
.220713.37%
I$21,924.53
.163513,49%
10$'(6,199.23
,120813,59%
The lease !s to be executed within 14 days of the equipment purchase contract. The quote is subject to acceptanceof our documentation and credit approval Payments and rates reflect pre-application of escrow earnings andmanufacturer discounts (if any); and are based upon vendor payments being made no earlier than above dates.Rates are subject to change with Treasury Bilis of like-maturity prior to funding. The tease must qualify forFederal Income Tax Exempt status for the Lessor.
Sincerely,Republic First National Corporation
City Clsrk File No..
Agenda No.,
Agenda No, I'.Q.
Ord. 18-009
3.B Jet Reading
_?nd Reading & Final P&ssags
JERSEY CITY, N.J.
COUNCIL AS A WHOLEoffered and moved adoption otthe following ordinancs;
CIT^ ORDINANCE 18-009
TITLE: A>! O^DINANCB OiF THE CITY OP JERSBY CITY, IN THEcoumr OF HUDSOH NEW JERSBY. pRoviDrNG FOE.THB ACQULSmO'N OP A MASK SBkYKB UNIT TRUCKFOR THE CITY FIRE A?> EMER.GB^CY SERVICBSDIVISION AND APPROPMATINO $150,000 THEREFORFROM THE CITY'S CAHTAL SURPLUS PUND
BE IT ORDAINED BY THE MUWCJPAL COUNCIX/ OP THE CFTY OP JEKSEY
CITY, IN THE COUNTY OP HUDSOH NEW JERSBY (not less than two-thirds of ^
members thereof affirm&tlvely conoiUTHi-g)^ AS FOLLOWS:
Seotiou.l. ' The total amount of$150»000 i? hereby appropriat&d. by tlie City of
Jersey C^ 1" t1ie> County of Hudson> tsf&w Jerssy (tli& "City") fi-om Ihe City's Capita) Surplus
Pimd for the acquisition of a mask servi? unit ti.-uok for fl'io Cif)1 Fire pnd Em&rge&cy Services
Division, iacludmg all things nec&ssiu'y th.cr£!fbr&-or Incldeutal thereto.
Section 2, The capital bvdg?t. or teinporary capitel budget, us applicable, of
the City is h&reby am?nd?4 to con-fonn, •widi the provisions ofllus oidmance to th® eKtoat of any
incousistenoy herewith. In the &v&ot of any s'aoh incooslstenoy and amendmstit, the resolwioti in
the form promulgated by fee TLooal Pinanp$ Board sho-^iug' fall detftil of tl^e Bme.ndcd ospUal
budget or temporary capital budget, as applicablfc, and c&pital progi'Mn EIS approvsct by the
Diie&tor of the Division of Local Oov&rument Services is on. fils \vith the City Clerk and Is
avnilabis there &r public mspeofioa.
Ssctio)^, This oi'dmftnce shall take effept as pTovided by law.
APPROVED AS TO LEGAL FORM
LF.CMponfen Couosel
Csrtlficatlon Required D
NofRequtrsd VQ^
APPROVED;
APPROVEO;Bu?:m>ss Adwyaiigtorilp(a?a
cmBINAWCE FACT SHEET -NON-CONTRACTUALTiiis siyiunary sheet is to be altached to the fiont of any resolution that is subiTutfed for Coiinoil oousidaratioH,Incomplete or vague fact sheets wilt b& refcumsd with the r&soltiflon.
Ihill Title of OrduisQcc/R$solutioa
AH ORDINANCE OF THE CITY OP JERSEY CFFY, U<T THE COUNTY OFHUDSON, NBW JERSEY, PROVIDD^G FOHTHB ACQUISITION OF AMASK SERVICE UNTT TRUCK FOR THB CIT'Y FFRB AND EMERGENCYSBRVICES DIVISION AND APPR.OPRIATING $150,000 THERBPOELPHOM THE CITY'S CAPITAL. SURPLUS FUND
Notg: Tnltiator niu^t be &vail&blo by phon& ditring ogen^a i-neeting OiVcdnfrsday priw to counoil meetuig ® 4;00 p.m,;
OrdtQance Purpose
Tius ordinance -wili Ei.ulhorize thfe appropria-tion of $ 150,000 '.Erom capital suiplus foe the Fire and Emergency. Services Division to pwohas? aMssk Uiut Trarfc which provides breatliiilg aif to flrefighters at scenes.
I certif}' thflf nil (h^s fitcts preseuted kwetB- are a.ccltt'ia.te,
^^_ MU^Signature ofDe&arfeueiiiDtrevtov Date'
ORDINANCE NO,TITLE; -?,BTEHTT2OTy~'f ,B
Alt ordinance of the City of Jersey City, ia fce County ofHudstm,New Jsrssy, providuig &r the acquisition of & Mask Sgmcft 'UnitTruck for tit& City Pire find Emerg&nc.y Services, Division Eindappropriating §150,000 tlierefoi from the City's Cftpttal SwptusFund.
GOUNCILPERSONRiDlEYPR1NZ-AREY
BOSGI(W
AYE~7L
s~T
N^Y
Oouncilpsiso^ ' ^.^Cf-A
COUMGILPERSONRI&LEYPR1NZ-AREY , .
80GGIANO
AYE~z-ZIT
NAY
RECORD OF COUNCfL VOTE ON INTRODUCTION FEB 1 ^N.V. COUNCILPERSON
YUNSOLOMONR081NSQN
Ayr
z:z:~t
MAY N.V. COUHCILPERSOMRtVERA '
WATTHRMAN .LAVARRO, PRES, •
RECORD OF COUNCIL VOTE TO &LOSE PUBLIC HEARING ppgjnoved, Eecopded by Ooi)ncUperson_
N,V. ;OUNC!IPERSON^UNSOLOMON ' '
WBiNSON
AYE.~^
22~7~
NAY5PiLMft^£>('~^ iO C|OB6 P,H>
N.V. ;OUKOIU;FRSOi^ 'WERAWTTERMANAVARRO| PRES,
2orAYE
z^2^~7
3^.NAY N,V,
LS.X8-^°.
AYE~T_'AMT
NAY
;e^T~
N.V,
/ tndlcale? Vdla N.V.^&tVoN (Abstain)
i,L
SEGORD OF COUNCIL VOTE ON AMSNDMENTS, IF-ANYCoun<;llp6rs{>n ^ ^mpvwtt9an]ontil'o?dltianceiS?<;ondedbyCoon(iitpBison,_ Sad&pi^.
NJ. Department of Treasury - Division of Revenue, On-Line Inquiry Page 1 of 1
^?i Revenue'
BUSINESS ENTITY DISCLOSUKB CERTIFICATIONFOH NON-FAIRAND OPEN CONTRACTS
Required Pursuant To NJ.S.A, 19:44A-20.8CIT^OFJERSBYCITy
P_att I - Vendpf AffitSiiatio.n
The undersigned, bemg a.uthoi;h;ed and knowledgeable of tlie circumstaac^s, does h.etcby cetfcify that tb-e <nams ofbwifwsentl^> Iias tiot mflde iiad •wiU not tnake aAy repottable cotitributions pmsuant to NJ.S.A. 19;44A-'l et seq. that, putsuatit toP.L, 2004, c. 19 would bar theawatdofthis contract in. eh.e on£ yeat period precedmg ((hUcf&w&rdschsduledfors^rowlofthsconlmct by the govemi-ng^^) to atiy of the foUo'wiiigfaamedcaudidatecoMiiuttee joint caiididates committee or politicalpatty comJXtlfctee reptesentiag the elected officials of&e <WAl?e ofenti^ fff 'els^ed o^icwls> as defined, pursuant to N.J.S.A.19;44A-5(p), (q) &nd (f),StevetiFulop fot Mayor 2017 _L^vafto fot Couticilman
Friends of Joyce WattermanFriends of Daniel RiveraRidley for Council
Mira Priaz-Atey for CouacilPtieads qfRichatd-Bog^iaaoMichael Yun for CouncilSolomon fof Coiuicil
Friends ofjetinaine Kobinsoa
Part II" Owtieiship Disclosute Certification
1 cettify that the list belo'w contains the names and home addeesses of all cwaccs holding 10% 0.1: more of the iasued
nnct outstaiidiag stock of the Tmdersigned.
Check the box that eepres&nts the type of Imsmess en.tity;
^Laership LUCoiporation USole Pioprietotshi.p USubcliapfcer S Coiposa-fcLoa
The utidersiga&d Is folly aw3±e tiia-t if I^EaLye nji^epresefited m whole. o£ pa£t tbts af
and/ot the bvsiness entity, will b^bfle ^l acy pciualty pesmitted mxdet W,NatSLC of Business EatifyT Firrt^^t/Eme^eDcy Vehicles/ Inc.
Sigtiatute ofAfflAnt .. J's-^\/•^. \ _?ltl£:-Printed Nam& ofAffkflt: Alex N. Che^pa^Qv
ition fl-nd certifi.cation, I
TECTSTFresident
Date; March 27, 201_8
Subsa^ed and sworn before me this ^f day of|/^<-A-_ ,.2^f
My Cotnmission expites;
///f/Z^L/'NATHANIEL
NOf.<RYPUBLiCSTATE OF NEW JERSEY
MY COMMISSIC^' &XP3RES JAN. 17,2022
Required Pursuant TQ NJ.SA; 19:44A-20.26
This form or its permitted facsiaite must be submitted to the local unitBO later than 10 days prior to' the award of the coRtract.
Part I - Vendor InformationVendor Name: I First PrioriTyTmergency vehicles, tnc.
c^lAddress: | ?444 Rlrig£Way-BkcL4£QQ
Manchester Stat&? NJ Zip; 08759
The undersigned bei.compUaiform,
,ed to certify, hereby certifies that the submission provided herein 3-epresentsaf]NrJ.S.A. 1@:44A-20.2& and as represented by the Instructions aacomparLying this
Signature
Alex N. Cherepakhov
Prmted Name
CEO & President
Title
Part Ei - Contribution Disclosure
Disclosure requirement; Pursuant to N.J.SA, 19;44A-20,2$-this disdosuTe must mclud.e all reportablepolitical c;onto"ibution& (more than $300 per dwfion cycle) over the 12 months prior to submission to thecommittees of the government entities U&ted on the form provided by the local unit.
D Cheok here if disolosure is provided in eleofcfonie form,
Contributor Name
T^TT
t
Rectpisnt Name Date Dollar Amount
Q Check here if the rafonnaticm is condnued on subsequent page(s)
Theynd^sigaed^ being %uttipr4:e^^^P^r^e^e^e of&e cii-cumstanoes, dosshCTsbycdrtify feat ' '•^FirstPrrorityEmeTger^YVehicies^^^^^^ ^ , ^cotitdbutioas ia the ^one-year peiriod piecedixiR :LM 1 "'^-^^ '' Cdaie'Citv'jCoimcil '.awards contnwt) thst'would be deemed tp be'violations or Section One of the City ofj^resy Gity'3•Oontractcr'P&y-to-PIay Reform Ch-dwance 08"12§'(attadhedhs?to) and fhatwpiildbar the awaid ! •'.of&is.contot, I&i&srcerti^th&tclunRg&etemiofthecon^ct' First Priority Emergsncy.Vehicies,.lnc(asms ^f .b'ysmoss-'estity) 1will not mafce anyreipo.rtabls cctatdbuUons m vidMonofOrdras^Ge 08- .' ••
The tmdemgned is firily aware fbat iflliave mi^pEeseated m whpls'or part this a£5naation and•cettificatiot^ I and/or t^lius^ss entity, wiU be liabls for anyp^ialtypemutted tmd<lsw^.
NS&OLG ofBugmpsrWt/:
Signed '• \ .,-
:^st Priority Emergency Vehicles/ Inc.
Print Name-' Alex.N,_Ch_erepakh<n/_
Subscribed and swpm before ms.this ^ -dayofJ^-A., 2^1^ ^My Commissicm expires; '.
e
)^ /^^X.. • . •
_' r^. _CEp.'& Pr-esfdent ." .
Date; .March 27'201S _•.__._
~/A&af3,^•^""ff^eaA^ .
(Frmtaaros & title ofgfSant) ^(Ooipwale Seal)
, ^Pursuant to Section 3 of Ordinance &8-12S, no contributicms or solicitation of
'coatribvtions made prior to the effective date Ordinance 08-128 (September 23,200S)shall be deemed to be a violation of fee Ordinance.
OiWroOCSUftEN&fiy w Ttsgflipay.u>-Pliy Cntlfcalfcn faB&wint Old. O^W.v^d
EXHIBIT A {ContinwUari}
Th& contractor or subcontr&c.tor agrses to inform in writing its pppropriate recruitment agencies inctuding, but notlimited to, employment agQncws, placement bureaus, coHegsSt universities, and labor muons» that si does notdiscriminate on the'basia ofsge, rsoe, creed, color, national origin, ancestry, mantsl status, affectiona.1 or sexualorientafcioni gender identity or eKpression, disabHity, nationality ors&x, snd that it wiIE discontinue th& use of anyrecruitment agency which &^gQ&es in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, ifn^cessary., to asstire that all
personnel testing conforms with tfhe prtnciptfcs ofjob-re1at?d testing, as established by the statutes and courtdecisSon^ of the State of New Jersey and as sstablisbed by applicable Federel law and applicable Federal courtdecisions.
En conf&riTttng with ths targeted employment gnals, the contractor or subcontractor agrees to review all pfocecluresrelating to transfeft np&rBding, downgra'ding and layoff to ertsurs that sll such ^tEons are tsken without regsrd toage, m$e» creed, cobr, national originj sncestry.,. marital siatu5( 6fTeot)6n8l or sexual orientation, gender Sdentity orexpressioni disability, nEttlonnIIty or sex, consistent with the statutes gnd court decisions ofths State of New Jersey,and applicable Fecieral )sw and spplicabis Fsdwal court ciecisions.
The contractor shaii submEt to the pubit& agsn&y, 6fteTnofciFicationof&wardbutprlorto&xecut)onofagoocisEstidservices contwt, one of-the foi lowing thre& doeumen.fcs;
L?Eter of Federal AfHrnwtlv? Action Plan Approval
Certificatfr of Bmpl&yec Inf&nTtstion Pveport
Employ&e l&form&tion Ksport Fom AA302 (electron Scaily provided by the Division and disti-lbmed to thepublic agency through the Divls't&n'a website at www.stEite.ni.us/ireasurv&omraci; oomr>l!anpe
The conti'&ctftr and its subcontractors shall furnish suc^ reports or otber documents to th? Division &f Pyrchass &Property, C-CAU, E£0 MonUoring Program as may be requosted by the office from time to time in ordee to carryout £h^ purposss of these regulations, and i3ubli& agencies s^iall famish sucli infQrmation ss in&y be reques?ed by theDivision of Purchase & Property, CCAU, ££0 Monitoring Program for conducting a complisncs investigationpursuant to Syb^bapfer 10 of the Administrative Code at PU.A.C. 17^27.
The uflcSeraigned vendor certifie& on their eompnny's receipt, teiDwlcdge nnd conimltntctit (o eoraply with';
The undersigDcil vcoii&r fuFtber s&rees ty ftirnM tlic re({uSretl f&rms o^ evidence BRt)
untlerstftsds that their cotSlrdct/coiBpiut/s bid shall be rejected us B^-t'i'sponrivc if said contriictor fails to comply wiOi ttte requircroeBtsofKJ.SA, IOiS-31 Siid M^.A.C t7;37 .
RepriseRtstivt'6 N&m^iite ?rmn; A!ex ^Ch^r^6aWv, CEO & President
Heprpsciita tfvc's Signa.tureE,
N&me rfCmmMnv; First Priority Emergency Vehicles, inc.
Tei.K^._ _.__ »cfe'J^aTch27^2pl8
AmmnxA .AMBMCANS WTH DXSABII/m^S ACT OF 19PQ
Equsl Opjportu»t^ foj? XndMAuaU tfttli PJpabIHtyFirst Priority Emergency Vehicles, Inc.
Tho cojitaiotor and £h<?('lca'ut::fiL of .. , (hereaftw <towncr") do Iior&by a$rfro tfa&f tft6
. pr&VisionB of Title 11 of&p Amcricgns Wifh DIssbiHttcs Art ofl9?0 (tiio "Act") ^ a^C. SI2! Ql ofsoq»^ which proMbitfi discrimiBfllioa on fh^ bBsfs ofdisablltty by pvbllo onyHos in all e&rylc&g, progfapis,and sctMfi&ff providsd or roai3o fiv&H&ble by ^ubJie entiftss, and tii& rufo? nnd rcguIa-Kons promulgatedpursuant there unto> sr6 rttode s part of ? contract. EnpFOVidingftny 8ild» botiefit, or $9n'j66 cm belidtfoftheowter pHmian&tO this ooiitrao^ &e c6^tr&oior Rgrees thatihepei^ormwwslt^l ba m 6Mptc6mt>31inoo withdt6 AoL Iiii the ovflnt tfyit'fho coititmofor, Its flgenf^ s$n'Ants1, ^mplo^s, of- subisorttra&EQrs vlolftt^ or areaU&ga^fo hav&vblfited tlis Aot durlngHto poribnnoni^ ofUiis oonlBwf, H^conlta&torsh&liE-di^f&ud th&own^In imy eotioti or ^inta^&rtiflve prooe^Itig oomm&nwd pucsysntfo this Act. Tiw oonfmotor Bhall iiidem&l^,pnoteot, sitd SWQ harfflbss Ifio Qwneij its ^OES, sarvints, snd ew^\^ws fr&m anff ajg&lftst auy flDd Bll sult^claim^ loss&s, d(?ttt?ds/ ordftmag^ ofwliftfevw klfid omafur?.ftT[sing outo£or oJ^itned to-aHSffbutoNtealleged vfo?s. TJte ooaffnotor sfeai^ st Hs owji c?q?ns&, sp^r, riefetid^ ftnd pay any Ati4 aU/chofg^ftir
-isgal son'loe^nd aayeitd ati &c>&t& &Ad otbet* ospsnsfl? ariiifng^otrtsupkaciifia or&rimlnlstrativs-pro&eerfhgor inoTOwd In-wnucotwn th^row'tth» In any ^nd a£I oompj&inss broif$ht purfrusnt to it^ own&r's gricvftaoepToi^dui^, fe& wAtrgotor ftgro^s to abld? by any dobtslon of th& owier wbl&b is r6rtd$rod pur&uant io^sidgriwanwprcfcedtti^ Ifajiy action oredm^tsteillvo piwc^]hgrcsuU?ln an swdrd ofdajyages gga&ist theQWf.w, or if (ho ov^or inouts sny cx^nBO to owe a vNfitloc of the ADAwlltoh has bs^a brought pursuant.•to l^ gr!wwM procpdu^ Uiti walrwtot' shall B^sfy fmd dlsoliaig& th^ aam&flt ite own expon?&,
Tiw WTiwsWt as soon fis pmotioablo after a claim !)&& b<?M) mft^ figainrt It, ^ve writton notice tbec^f toth? eontra^r ftlong wifti fttH find oomphto partioulm-s of the &te!tti^ If'any a&tfbrt o-f sdmfclstr&Uvopro&cedlng 1^ bros^tifc sg&^st &o own^r or aay ofits agfints^ servontet andrejsploye<?s^ the ow?i^?' i'Wc^pedifclousiy for-ivard o? hfi? forwarded to tl? &ontroetor woiy d&msDd^ oc>mpl^nt', notion summons,pleading, or either pro&oss reo&iv^d by ^ie owner or te ^resenteflve^,
l¥ ia express^ sgr^d ffnd' und$p$too4 tb^ any appi-oval by thfr own^r 0?tbp ssrv.io^' provM&d by thecontractor pm'smt to feis confcrfloi'wlU not i'fltfevc-tiie wntraotor oftttO obIfgQfiofa to wmpiy wttb fiie Aot'aud to d&fdjtd, Indemnify, prol&^t, ami sflve hsrmjTass.ftuh owner pttystoutt to tiiEs pafsgfapk,
It ts fwther sgnssd sncf imderst&od ^tattiio cwner Bssumos no obHgftt^on to Indemnify or save hafjsTe^th&^ontetor. its 8gonts» servwts, employee? sad gtib^nu-setors for any otfiim whi'iih-mny flflse oiri ofthsirp^rfbmiance of this A^rewnenfc Purlhcrmo^ fhs cotttraotor expfessjy uttderetend? and Bgi^os &at tb$^ovisioa$ i^fshis In<temnl£icafiol}ot6»?e shall in no-^sy Hoiiflh&eon^isor's obligations- as&umed h ili^Agr^mwtt n&r sljisjl they ,b^ coustnied to reU^ve ih& (lotrtraptorfixim ajiy liability, lior pt^^ud? ?e own^rErom takm^any other w^o^s av^il&blefo it tmd^r'flrty other provisioina of the Agrosm&nt OF otb&rwise at Isw,
Mbority/Womaa Business Enterprise (M^VBE)QuestiOEiiiaire for Bidders.
Jersey City Ordiaa&ce C-S29 establislies agsalof&'^arduig 2QD/o of the dollar smount of totalcityprocureiaent to mmority snd -woman own^d business en.tsi'prises*
To assist'us in mpmtoring OUT acMevemeat ofti^is gOEl, please mdioata below whe&sr youroompaay is or is not & minority o-wnsd aad/or 'waiiaari owned bnsmess, a^d, rstacn Ihis form witiiyour bid proposal. , ^ / ,• ,
Business Name; First Priority Emergency Vehides, inc.
Minority Business Bnterpriss meaiis a byshBsB Which is 8 eols proprietorsliip, paTtacrship or corporBtion fa.t least.51°/o of which is owned aacico&trolled b;: perecms whb are Afi'icaTi AiaeTSoan/HtE?panic, Asian Amsrican, Amencsn
Inclian or Alaskaii native, d&feied as follov/s;
AfrEca-a jimcr!esii! a person h&vmg origins in an^ of tiic black racieLl groups ofAfrica
Hispanic; a parson ofMexiasn, Puerto Kie&n, Central or Soiith Ameriosn or ofher t)on-Europ&An Bpsiushcultura or origm rsgardltigs 6fTace.
Asjt&fl; . a person having origins in any oftha origm&l peoples ofEhs'ParBas^ South BastAsis, Indiansuboontinent, HERraii or the Psci'fic Islsnds. • • • - ,
. American Indian or Alasl^n Natlvei a'person h&ving ong'ms inTOy offhe Qrigia&i peoples of.Norfb.Ajaerica and-who m&mte.infi cultural idsntl'fication fcrougbi tribal afffiistton or commijnit/recognition. ; ' ' • • .
Womoa Business EiatBrprise , . , ••
Woman Busmess Enterprise means a busmess wliich is a sole prapri&torship, psrtn^rehip or corporation at least 51%of which is ownsA anA coutToUed by &woiasn or woineni
Document 'Lo.cato;3rNo.;, B 0:0-0.0 7 5276 (t '^i.^^.L^^Iff^'it'^
I'ssued: 07-14-08 •^^%^
This'Certificate is NOT aasignabieor transferabls. It must be; •consplcuo'usly dtsplayed. at abaye address.
;g:5Sig5>????999?:[^?TK?59K?SiS<?iR^^
DETERMINATION OF VALUE CERTIFICATION
I, Jerome Cala, of full age, hereby certify Uie followuig:
1. I am the Assistant Director of the Department of Public Safety/Division of Fire.
2, The City needs to purchase a Mask Service Unit that provides breathing aia- at fires.
4. The admim.stratlon's recommendation is to award a contract to First Priorrfcy EmergencyVehicles,
6. The cost of the Contract exceeds $17,500.00.
7. This certification is made pursuant to N.J.S.A. 19:44A-20.5.
8. I certify that the foregomg statements are tme. I am aware that if aay of the followingstatements made by me are willfully false, I axn subject to legal action to the fullest extent
of the law.
31^1^ ^S^^^L-S^S^-Date Jeroihe Gala
iMant Director Department of Public Safety
TITLE:
City Clerk File No.
Agenda No._10.1.13
Approved: _^AY 23
RESOLUTION AUTHORIZING THE AWARD OF AN OPEN-END CONTRACT TO M.JHOAG CONTRACTING INC. TO PROVmE TREE PLANTmG SERVICES FOR THEDEPARTMENT OF PUBLIC WORKS/DIVISION OF PARK MAINTENANCE
COUNCILoffered and moved adoption of the following Resolution:
WHEREAS, the City of Jersey City advertised for the receipt of bids on April 16,2018 to providetree planting services for the Department of Public Works/Division of Park Maintenance; and
WHEREAS, this contract was bid as a one-year (1) open-end contract, the minimum and
maxmium quantities for seventeen (17) items as contained in the bid specifications and the unit
cost prices are set forth in the bidder's proposal; and
WHEREAS, MJ Hoag Contracting Inc. submitted the bid in the amount of $325,855.00, and
WHEREAS, the Purchasing Agent certified that he considers the bid submitted by M.J HoagContractmg Inc. to be fair and reasonable; and
WHEREAS, the sum of Two Hundred Three Thousand $203,000.00 is available in CSIP GrantAccountNo. 02-213-40-695-314;
WHEREAS, the balance of the contract funds will be made available as orders are placed.
NOW, THEREFORE, be it resolved by the Municipal Council ofttie City of Jersey City that:
1, The Mayor or Business Administrator is authorized to execute an agreement with MJ Hoag
Contractmg Inc. to provide tree planting services for the Department of Public
Works/Divisiou of Park Maintenance;
2. This contract is awarded as a one-year (1) open-end contract. The City reserves the right
to renew the contract for up to two (2) additional one year terms pursuant to specifications
and bids thereon;
3. The mimmum and maximum quantities for seventeen (17) items are as contained in bid
specifications and the unit cost prices are set forth in the bidder's proposal;
4, The Chief Financial Officer shall prepare and execute certificates of available funds as
orders are made during the term of the contract;
5. Upon certification by an official or employee of the City authorized to attest that thecontractor has complied with specifications in all respects, and the requirements of the
contract met, then payment to the contractor shall be made m accordance with the
provisions of the Local Fiscal Affajrs Law, N.J.S.A. 40A:5-1 etseg^; and
(contmued on page 2)
Continuation of Resolution
City Clerk File No.
Agenda No. _10.Z. 13
PS. #
Res. 18-511
T3
TITLE:-RESOLUTION AUTHORIZmG THE AWARD OF AN OPEN-END CONTRACT TO M.JHOAG CONTRACTING INC. TO PROVIDE TREE PLANTING SERVICES FOR THEDEPARTMENT OF PUBLIC WORKS/DIVISION OF PARK MAINTENANCE
6.
I.
The award of this contract shall be subject to the condition that the contractor- provides
satisfactory evidence of compliance with the Affirmative Action Amendments to the Law
Against Discrimination, N.J.S.A, 10:5-31 etseq.
.('Donna Mauer), Chief Financial Officer, certify thattheVe are sufficient funds available for the payment of the above resolution in the Account shown
below:
Department of Public Works/Div. of Park Maintenance
Approve^ b^^^J^^b^^O ^rr^)Pete/Fplgado, Director of Purchasing
PF//PC/RR5/1 ]/18
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM ^-^)(
ivhBusiness Administrator Corporation Counsei
Certification Required ^
Not Required DAPPROVED ^~0
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGiANO
AYE
z:s~7~
NAY N.V. COUNOLPERSONYUN
SOLOMON
ROBINSON
AYE"7~7~
"7"
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES,
AYE
~7_V
>/
NAY N.V.
/ Indicates Vote
Adopted at a m
N.V.-Not Voting (Abstain)
ithe Municipal Council of the City of Jersey City N.J.
•Rql'anddX Lavarro, Jr., President of Council^/^
Robdrt Byme, City/^ierk
RESOLUTION FACT SHEET - CONTRACT AWAMThis smnm'Eirv sheet is to be attached to the front of any resoluuon that is submitted for Council consideration.
Incomplete or vague fact sheets will be retum.ed wlthtlie resolution.Full Title of Ordinancc/RcsoIution
RESOLUTION AUTHORIZUSG THE AWARD OF AN OPEN END CONTRACT TO MJ HO.VGCONTRACTING, INC. TO PROVTOE TREE PLANTING SERVICES FOR THE DEPARTMENT OFPUBLIC WORKS, mVlSION OF PARK MAINTENANCE
Project Mana^&rDeparfcment/Divislon
N^rae/Title
Pi-Lone/emaiI
DPW
Sammy Ocasio
201-547-444920 i-356-7763
Park. M.fnnientmce
Dh'ecior
soca s l Qfg^j en L.O_!'&
Note: Projecl Man'ager must. be nvaiiablc by phone during agenda mectuig (Wednesday prior to counc.il mccDng @ 4:00 p.m.)
Contract Ptirp&sc
The. purpose of this resolution is to provide:
"^ To provide tree planting services citywide,, 4 All materials and labor provided.4- Open end contract.
Contract is valid from 05/24/1 8 to 05/23/19.Two [2) one (1) year options to renew.
If Other Exception", enter typeAddhion^l hiformntion
^€n fee] herein are accurate,
^x-^^Szgnamre of Department Director
^OM [1
'0%
^ln
"7
^Sjgna^urc of Purchasing Birccior hitli
STEVEM M. FULOPMuytsr oi Jflrap)' Ciff
Date:
To-.
From:
13-15 UNDEN AVENUE EAST, 3RD FLOOR | JERSEY CITY, NJ 07305P: 201 547 4400 i R 201 547 4803
May 11. 2018
Peter Foi.aado, Purchasius Director
Patrick G. Stamato , DPW Director
PATRICK G,STAMATODrtrufor
Subject; Recommendation Letter ( Tree Planting Citywklc')
Please- be advised, after -a careful and thoroagh review of bicts received on April 26, 2018 for treeplanting citywide, I recommend that ibe contract be awarded to the vendor listed below;
MJ HOAG CONTRACTING, INC.,PO BOX 202
KENTLWORTH, NJ 07033
VENDOR NAME
MJ HOAGCONTRACTI
NG, INC., .
HEOinSTjEON^
0182332
ACCOUNTS
02-213-40-695-3:14
CONTRACT AMOUNT
$325^55.00
TEMJPQRAilYAMOUNT
$203,000*00
c:
Picase proceed and. utilize fine following requisitEon listed above. Kmdjy clrafi tlie av/arding resolution
for tile May 23 ,2018 C.ouneil meetms.
Should you have. any quesUons or need any additional JustiHca^do not hesi.tate to call my office at X 4400/01.
Elizabeth Harley'i Asst. Spvr AccountsNicole Greiner, Sr. Acct Clerk •
Paola CampbelL P'urchasing Assistaj.it
gardy'ig this conj^acl av\^srd, please
T?Patrick G. Sfcamaio. Directoi
Tree Planting Cost per 400 Trees - CSIP Trea Planting Qty WBde
(Item Description I Mtnlmum quantity |(UIa*dmumquanUiy Unit costj8"-12** Stump nemoval 10 ^00-
tLlOOj»er stump
|l2n-18° Stump Removal per stumps!)l8u - 24" Shimp Removal ^l,^na per stump if
.4- |24** - 30'* Stump Removal 3, aoa per stump ^i3iy* -36" Stump Removal -BLSoa per stump 7'
^^IPrepare New Tree Beds 16,400-square feel Bec^0 per sq ft Wo17 [Prepare Existing Tree Beds [800-square feet ^7^5' per sq ft ^]^jper sq ft fo'/QDt?18
19110Illiu
I Prepare Tree Bed In lawn Strip 1800 - square feet ^S2l m[Plant Trees 2-XS" ISO r^ per tree ^I Plant Trees 2.5-- 3" 1300 $ _^00 per tree l(t'0 0pertrea i{i^\Q{I Plant Trees 3"-4" 150 ,$ ^00 I[Transplant Trees up to 4" s \\^50 pertrae sTopsolt for tree bsdsa 125-cubic feet 'ss- per sq ft 3)'%-?]
614 IShreddedBarkMulch* 125-square yard n persqyd ^^illndasslfted Excavation 125-cubtcyard $ D. percuyd j,^I Hand or Pneumatlc excavation IZO-cubkyard $ 3on percuyd fc/^liConcTEte Pavement 4" |750-square feet $ ;2A- persqft JYJ^;
In addition to material requlred^or planting iTotal bid prlco
[ * The bidder agrees to perform all labor necessary to provide alt materials, equipment and vehicles required
I to complete all work as described in these spedficattons for unit cost.
jThls contract is an open^nd contract, the mlntmum and maximum quantities ara set forth_abov&
[All quotations must be typewrilten In JnK. Pencil quotatlpns will automatically render bid Informal^
|The contract; will be awarded as an open-end contract. The minimum and maximum quantlttes that theI City will order are set forth abqve. /
// -/d/771(Stgnature »u. Date
/
E302IBlTS(4of4)
1 The contractor or subwnlractor ttfirees tbaC nothlnfi eontuncd fn (B) abov& shBtl preofudB thecojriTactorcTSubeonbaefonfinoffl complying wftfe the iteloo htrfn^ttdl crappfentfceship potteies (n flB)-ap^HosbfdwUeeSvs bargaining agroamfiQt or (uiiou htriaff haU affaafiwnent, and, n'bere ntqyfred by
sm or'asfewnent, it rfialf sandJQumcymea and trainees to the UBtan far rfiferral, or to theap^rcntfc&a&ip program for edmtssfon, pursoact to su^i asrwaient or anangBmeot. How6wr> wtwo (fcfiprfetas® ofa untoo or appnaticeditp program wiff result to th? ejeefaBfon ofm!jioritfN and woraso or tfaefai'fura to refer roiooritiea and women oontistBOt with tbs targeted county ctnploymant goaf, the contractoforcubcoottscforshaU cootfdesr fbr employment pason! rrfomdpUtsuattf Co (B) above wfdioutrega.rd tosu^h Agraerowtofanangaafittt; prodded furtlw, howevar. thatAecontractorarsubcontractortbaO notbs required to emptoy women and minority sdwiwd traincfls anitTsJneu, in nmnbttfs whioh result b thewoplpymenf ofadvanead &alnees and trstnees as a peiesBtase oftfia total worfcfor» for fits sonafrucdontra^ajwbfsft puwitaga ffigaifloantfy excaeds ffia apprenCf&atoJoUTRcy woriierrat&t spectffed Ja tfisapplloabla collective bargabilng ftgreomBnt, or hi ifes shssncs of s cotlsflttvs bargauihg agrecmant,a^eds tha ratio estaibltalied by pracffc.c in Ihe araa for s&td crostntction b'&ds, Atso, the wntraotor orsutjca^fiBotoragreea Ast, ht tdipfemertfefftheprowdures of (B) ftbovs, itsbay, wfiere appt(cal>^ cmpbymiAority asd womefl worksrs nsldtng wifeb BiBficogi&pbfcaIjuTudlcdon offco unton.
A^ar.hotificstKia offiwardi butprtor to Stgntagacaflstroctfoa cffiitE'sc^ ths oon&actofshalt submttto ffiapuBBo ogsosy ccEBplIflnca officer and tbc Dapt afLWD, Consfmotton SEO Monitcring h-ogram SBfol&i; pfQiectworIrfOTfte rsport (Fonu AA 201) elcctroolaalfyprewfded to ths pablfe agency 6y die DepfcQFp?ft>, Canstructios EBO MaaftorinffPjogramt (hroag& tto wa&sitoi &rdtrtribufioato and caioptetiotiby ^a cantiafitcfft to aceordanw wtth NJA.C. 17^-7, Tlie conteaotor ftlw agrees to submit a cqy of theMo^tfily Project Woridbrw R^»ort ones a month ttienaftBT for the duration of (Ms contraotto tba Dept ofVffDl Ooosfrttotfon JSBO MbafliDring Prostam and to ths pubffo egeacy coropKsnca officar.
Th^ contractor agrees to cooperate with the pu6Itoegeo(iy in (Its p&ymam cf budgeted ftlndi, as ta^ for oatttojob and/oroffthajoit pEOpams ftroutresc& asd fratafog ofmhQritfas and women. *
(D)|Tli8 coatatctar md its subwutrscfeut dhftlt ficnisb such reports c? otber dooaments to th8 Pepfc of£^p.f Constrtfflfion EBO Mcnfttrinff ProflraiD as may be Eequeried by tf» Dept. ofLWDt Goos&udfcn
^ fvSQSitonosPfO^sm from faag to time hinder to cany cut (hft pt0"ptisesoffhes& ragctaflocfi, andpubjicj ageflefes shall ftmIA sych btfennation as say to requested by the Oapfc ofLWptCtastntcttQa
' ^oniforiag Program ftrcortduBthg a compfimce fav^gaffonAd^pbfrefire'Code^AC £7*27?.
The ^ndorflBnad nihiflr cartldttt M thitr wmpanyt twalpt, (tHBirisdga flsri eotBtalttOBnt ta conp(/w)ttu
• l^BW^^^^^^oo^wde^^^s^fBS^Gmwpk&vUisa or ftdmfafsteatiwpcWKUasiCTuad to-cajuicotfont&emvttfa. Ih any and sU comptfsbitt biougfit pOBuarA tb tbtt oww's pfovaipo
townstsha^ assQos flffpQotffla6J8flftar4 o/d&n Ass bswtttflife effai&rf^ ^rn'writfea nofiw.Aw'fififtepoBtrariAi? along w&fa &U wuf MHtpyfrjtBrtfcitlBta af the oNct, Ifffliy 3ciiba or BEfofitteftetf^
^dteg ^ fisfoi®htag<kfflsttfi& oTOi?rorfiity pf/b agjkt^s, esnacb, aitd'siaiptoye^ tfes cwn^sWK^fitfoMfy ArffBrd or fcftw fewanfed to &frOflntnistsrwB'iy damsnEf, complaint potfee^ saouncn^
((gr^OKrft awM fey.te rousftned to nrftog (ftactmtesotorfiiirtt ac^^tffiy, t)arptedu& t&ffoftttffi'fea]^kIl^yo^CFa^Dft&&vaf(^Jfttottuodwwyolhffpwfc{cngoflbeAgre^sntoyo&u¥?ito^^
^QSm^Ws^aai^iS^t'ii^L ^MfJ^A^ L ^P/4i$ ,3?tnWs 3fg?fifa0»^
fem^ria^^^ ^^/w^^^r^T^
^Ssjscity/Wom&n Business Enterprise (MTOE) Quesffflttnaire &r Biddera
fes^ey CSty Oidmaac;6 C-S29 establNies afis^ of awaiduig 20% of the dollar amouat af total dfyprqcurament to mfaority and woman owned busiaess eateqzlses.
Tojasaisius mmonftosfag ouc&cIrievCTBfintofftis goal, ptes indi&ato below whflthfifyourcoriipany is or fe not &n^ori(y owned an^w womm owoed busiaess, aad retiun (faff fecn fl^yotlr "bid propose
BusmessNfflse;
^ : M^—a-tv^ih^w^j^^cii^., /A/c.
fejfephonft hfo.:
C?aiifec^Name:
m ^La^f ^/f
}Ain}AE:L_^AS^sa check s^icsSde cafegcsy;
MXnodty Owned Business (MBE)t
yomaa Ownfid btisma»(WBE)
JBusiasss (MWBB)
^DaHtsKtc^
' Budosa Enfe^rto ucau a bBBAsw ^cfa fa ft nfs jm^riuafai^ partBB^^?ff^chteCT?<d9BdcoatroU^lypMteMwheantA&canAffi^<^Sbp^AslM^ddca^• Afadcan patfw, de&ttd sa fbffomc:
^sey CSty OnUoance C-829 estab&Jies a gss! &f awariing 20% of the dollar amount of total cityIprticuaeaaat to mincrity ami woman ownedbu^lness enteipdses,
|To &ssSsi us £a raanftorfng our achievainent of tills goat, please Mcria below wbete your|copipany is or Is not a minooty owaed and/ar womsa owned bisasess, aad p^.im (^5 ftna mtftlyo^ir bid proposal
^o^ fiiufittoBataii^n^ & bu^ctt wfclcb It a^jwtp^^aji'ffiuch is ctfaftd aod 6CTtTstt?d ky & wamaa ornofflfla.
MTOZON O^Srj£L€SASQ?G fiOFT
*oifn MWBB CoatraefQr's Compffance Plan to bs suWttad with bfd d&aumenLGOtmACTOJtt PROVmBTWO^COMPUSrBttCOPEESOFTBISPORftirWHaYOURPROPOSAL (or withtn 24 hours tfafltrea&ar)
City of Jet-say City
p^± TW5 do(? 'CSipT^'^ ,pL/wnrv&j. .ury^ic^T
5Ioaj» iIstwhaCporirfits oWe ivorjf, l^a^y^ti laM to iulfi^&t^ap^&Haafa Tales flf&esama,id ^hetbefyoB aflflolpatB eublstfei'g tt to a ffliaorlty orwomea omiad watmeter, or naKhsr.
Trade Appwa SVaiuft -) aSnority w Wo®an OTrasd BuslB«sChmlc stwnwfatecoltram
b/!)M^ ff&maa |Nfl?fir
Recesjyt offtdff report by fee City does not fioasitoriB acc^tance by the CSty of minoritybasjue^s partfdpsfion goals Ifis? fiiaa 20% or womai business parficJpato goalfl less Siaa
20% ft4iiess specffic&Uy agraed fa by £6e Office ofS^sat Ojpporftcrfty/Ai65naafefe Actfott
IONNEXTFAGS
Poyro MWBB Contractor1? Compliance Ptan to fce submittetl with btd dacument)NTMCTO& PROVCTE'TWO^COMFLB'EISDCQFIESOffTHZSFORMWEEayOOB.(OPOSA^ for wrffain 24 hours fcere&fter}
9/fQ^le^se itsfwhat pbi'Sohy ortts warfci ifaayyoii i
1 wðsr you antidp&tftsublsying tt to ft cibur^ orw&maB owse^ oemtraddr, ornelther,
/£. •to stifiH'fWa'pjSroxfmste raJue of&esfiaifii
Trade A.ppro£,S Value flfiaority or Woman Owned BustoessC&eci'c appropriate oflltncn
!. ^
it of tfife report 6y fie Cffr does uftC canrffo& acc^iaaca by ffig 0^- ofminorfty• pflrtidpaifon goafc te &an 20% or woiasn business pftrdc^&fiou goals less tet
ZO<(S )u3aless spfldficalty agreed to by &s Office ofiSguaI Opporfualty/AfSraadpeAcfioa
CO?NUBD ONNEXmOS
DIVESTON OPHISCKA-S3NG
ww_^W-^ <2o!c? ^SiP- Tpe? PL^/UT/A/^2. As to Bttbcoafr&cfed trads mandated to bft fndttdfid la pfopossl piuwa&t to WJ»S*A.,4Q^Ll-l6f please Crt aaue of proposed ffabcoa^icfer, trade, and wfie&er ftttDOritywotnNtttOrnofc
Ct^/wid
Contractor Name &Address
App^axS Mlcority or Woman OwnsdBttstuessCheck aopropriate calimm.
MtaorijS^ | Woman Nel&er
3« Wh^t Iff your poUcy a&d pracfice wKh respect fo oufreac& aad cc&alderatioa ofmin&Htyand w4taefro(me^ veadocs/cffateactoes as cdofcacteK afid/oy sttpplto?
\ffi[ ^ ~^r --fo-J^^37-3ft7L^(
NamElojrConfaaofor M'f.H?^ U?^'W^^^ I//I-
rtSteiafwe ___/Zj
Type ^rjpriflC oame/W,'
: 0
ME?JA?^? .; w^t\.^tejL^lte^_4^/
wB MW Bustes PBrffcipB&a Jw8b &r fh£s Pfojaefc.
]W7ALS?OX?NTOmyO?TCO?y
MWBB p^ftojeJ^m- ^^ c^\ p -T^" Piwn^.^-a to.subcottfracted trade aaadaied to be lachided la proposat pursusut to N>J»S.A(^sj M6» please U?t tt&ms of propossd sabcoBfractori tcado, &nd wheiher ainori(y
Appnx. § f To AfE&iority or Womaa OffnedVsiue I Business
Check appmiriflta column
'.\^\d<
'MJBorf^lWouuaB NrffewL
3. it fe yocr y>Ucy aad gcacffca wf& respect fe» outreac& aod cflasfffaraffon .afmtaorityitBsn-offaed vandora/fiontcactors as oontrastoa snd/or Bapgttsra?
Pursuant to MJ.S.A. 34:11-56.48, et seq. of the Public Works Contractor RegistraUon Act, this certificate of registration isjssuedfor purposes of bidding on any contract for public work or for engaging in the performance of any public work to:
Michael Hoag, President
Aaron R. Fichtner, Ph.D., CommissionerDepartment of Labor and WorKforce Development NON TRANSFERABLE
This certificate may not be transferred or assignedand may be revoked for caus9..\by the Commissionerof Lobcr and Wortrforco Cc'.'siopnen^
City Clerk File No. Res. 18-512
10.Z.14Agenda No.
Approved:.
TITLE: ^@%JRESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO ALWAYS BRIGHT CLEAN SPOTLESSCORPORATION (ABCS POOL SERVICE) FOR THE MAINTENANCE SERVICES AND CHEMICALS FORPERSHING FIELD, PAVONfA AND LAFAYETTE POOLS FOR THE DEPARTMENT OF PUBLIC WORKS,DIVISION OF PARK MAINTENANCE
COUNCIL OFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTION:
WHEREAS, there exists a need for maintenance services and chemicals for the Pershing Field,Pavonia, and Lafayette pools; and
WHEREAS, in conformity with N.J.S.A, 40A:11-6.1(a) the City of Jersey City ("City") informallysolicited two quotes, including one from Always Bright Clean Spotless Corporation (ABCS Pool Service),355 Riverlawn Drive, Wayne, New Jersey 07470 in the total amount of thirty nine thousand, three hundredtwenty five dollars ($39,325.00); and
WHEREAS, the Purchasing Director believes the proposal of Always Bright.CSean Spolless (ABCSPool Service), attached hereto, to be the most advantageous, price and other factors considered; and
WHEREAS, the City is acquiring these services directly and openly as a statutoriiy permittedcontract pursuant to the provisions of NJ,S,A. 19;44A-20,5eiseg, (Pay-fo-Play Law); and
WHEREAS, the Director of Park Maintenance has determined and certified in writing that the valueof the contract will exceed $17,500.00; and
WHEREAS, the contractor has completed and submitted a Business Entity Disclosure Certificationwhich certifies that the contractor has not made any reportable contributions to the political candidatecommittees listed in the Business Entity Disclosure Certification in the previous one year, and that thecontract will prohibit the contractor from making any reportable contributions during the term of the contract;and
WHEREAS, the contractor has submitted a Chapter 271 Political Contribution DisclosureCertification at least 10 days prior to the award of this contract; and
WHEREAS, the contractor has submitted its Certification of Compliance with the City's ContractorPay-to-Play Reform Ordinance 08-128 adopted on September 3, 2008; and
WHEREAS, funds in the amount of $3,000.00 are available in the Operating Account.
Account P0# Total Contract Temp Encumbrance01-201-28-375-310 129172 $39,325,00 $3,000.00
NOW, THEREFORE BE IT RESOLVED. by the Municipal Council of the City of Jersey City that:
1. A contract award to Always Bright Clean Spotless (ABCS Pool Service) in the amount of$39,325.00 for maintenance services and chemicals for Pershing Field, Pavonia, and Lafayettepoois is authorized, court reporting services is authorized,
2. The term of the contract shall be effective May 23, 2018 through December 31, 2018,
3, Upon certification by an official or employee of the City authorized to administer the contract, thatthe services have been performed and that the requirements of the contract met, then payment tothe contractor shall be made in accordance with the Local Fiscal Affairs Law, NJ.SA 40A;5-1 etseq,: and
(Continue on page 2}
Continuation of Resolution
City Clerk File No.
Agenda No.
TITLE:
Pg.#
Res. 18-512
10.Z.14
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO ALWAYS BRIGHT CLEANSPOTLESS CORPORATION (ABCS POOL SERVICE) FOR THE MAINTENANCE SERVICES ANDCHEMICALS FOR PERSHING FIELD, PAVONIAAND LAFAYETTE POOLS FOR THE DEPARTMENTOF PUBLIC WORKS, DIVISION OF PARK MAINTENANCE
The Business Entity Disclosure Certification, Chapter 271 Political Contribution DisclosureCertification, the Certification of Compliance with the City's Contractor Pay-to-Play ReformOrdinance, and the Determination of Value Certification, attached hereto, shall be placed on filewith this resolution,
Pursuant to N. JAG 5:30-5,5(a), the continuation of the contract after the expenditure of fundsencumbered in the 2018 fiscai year temporary budget shall be subject to the availabiiity andappropriation of sufficient funds in the 2018 fiscal year permanent bjdget,
., Donna Mauer, Chief Financial Officer, certify that therere sufficient funds available for payment^fthis above resolution.. .
Account01-201-28-375-310
Approved by;
P0#129172
PF/pv/RR5/11/18
3eter FDlgado, Director of Pur^jiasing,QPA,RPPO
Total Contract Temp Encumbrance$39,325.00 $3,000,00
May 11, 2018Date
APPROVED:
APPROVED:
Adopted at a
APPROVED AS TO LEGAL FORM
A-Business Adminisfrator ^ Corporation Counsel
Certification Required ^
Not RequiredAPPROVED 1'a
^^
RECORD OF COUNCIL VOTE ON FINAL PASSAGE _R-?t.1fCOUNCiLPERSONRIDLEY
PRINZ-AREY
BOGG!ANO
AYE
~T_~7~
~T
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
z^/',
/
NAY N,V, COUNCILPERSONRIVERA
WATTERMANLAVARRO, PRES.
f^
AYE
'/.
//i/
NAY N.V,
,V.-Not Voting (Abstain;
.ftheMunidpalCounciloftheCity of Jersey City N.J,
fM- (€lRoberi Byrne, City ^ferk
•!^^-"<—^
RISSOLUTTOKFACT SHEET " CONTRACT AWA^DThis summary sheet is to be attached to the front of any resolution that is submitted for Council consi'deratio.n,.Incomplete or vague fact sheets will be returned with Uie resolutipn.Full Title of Ordinancc/Resolution
RESOLUTION AUTHORIZmG THE AWARD OF A CONTRACT TO ALWAYS BRIGHT CLE^NSPOTLESS (ABCS POOL SERVICE) FOR THE MAINTENANCE SERVICES AND CHEMICALS FORPERSHING FIELD, PAVONIA AND LAFAYETTE POOLS FOR THE DEPARTMENT OF PUBLICWORKS, DIVISION OF PARK MAINTENANCE
Note; Project Manager must be -avatlable byplione dunng agenda.meeting (WedMesday prior to council.meeting @ 4:00 p,m.)
Contract Purpose
The purpose oflhis resokition is to provide:
^ To provide monthly inspection of swimming pool and op'erarions.^- For Pavonia, Pcrshlng Field and Lafayette pooJs.4- Wmterize and sununerize pools.4- Includes fitlration, chemical feed system, chemjcals, lower water levels, blowout and cap filtration
line, etc,
^- All materials and labor providedTd- DPW spem about $38,000.00. in 2017.
tf^Other Exception", enter typeAdditional Information
kresente
^iw^^ji^nafure ofDcpartment^6trec1
jsQSU|Signnfure ofPurc^smgDy-ector
3&m are accurate.
\oTJ7b/^Date
_^MLDate
DETERMINATION OF VALUE CERTIFICATTON
Ii Patrick. G. Stamato, offu.11 age, hereby cei-tify the following:
I. I am the Director for fhe Department of Public Works.
2. There exists a need for monthly maintenance and chemicals at t he Pershing Field,Pavonia and Lafayette pools.
3. The City informally solicited quotations for such services.
4, The Deparmient's recommendation is to award a contract to Always Bright Clean
Spoil ess,
5. The cost ofthe Contract exceeds $17,500.00.
6. This cerfcificatioD is made pursuant to N.J.SA. 1.9:44A~20.5.
1: I cenify that the foregoing statements are true. I am aware that if any of the followingstatements made by me are willfully false, I am subject to legal action to the fullest eKtentof the law.
Of //O/f tDate / Patrick G. Stamato, 6PW Direot'0
^ ^y-.
A.B.C.S. POOL SERVICE INC.
355 RIVERLAWN DRP/EWAYNEN.J. 07470973-256-5536 EST. 1969
DATE
5/1/2018
NAME / ADDRESS
JERSEY City D.P.W.BUREAU OF PARK MAINTENANCE13LINDENAVE.EASTJERSEY ClPf, N.J. 07305ATTN; ELIZABETH HARLEY
PROJECT
2018 SERVICES
DESCRIPTION'
>rHROUGHDEC.3l,THIS PROPOSAL COVERS ^ -2018
PERSHING FIELD SWIMMING POOL:
MONTHLY FNSPECTION OF SWIMMING POOL ANDOPERATIONS
PAVONIA AVE SWIMMING POOL;
LATE MARCH • PULL BACK COVER AND ADD CHLORINEAND ALGAECIDE TO MAINTAIN WATER QUALITY FORPOOL OPENING
SUMMERIZE POOL.SUMMER1ZING INCLUDES:REMOVE AND FOLD WINTER COVER. VACUUM POOLWITH OUR EQUIPMENTINSTALL DECK EQUIPMENTSUMMERIZE FILTRATION AND CHEMICAL FEED SYSTEMNOTE; SLFMMERIZATION OF CHEMICAL CONTROLSYSTEM CONSISTS OF MECHANICAL SUMMERIZABON OFWATER LINES ONLY.STARTUP FILTRATION EQUIPMENTSTARTUP CHEMICALS TO BE PROVIDED BY A.B.C.S.POOLS EXCEPT FOR C02 TANKS AND ACCU-TABCHLORINE TABLETS
MONTHLY INSPECnON OF SWIMMING POOL ANDOPERATIONS
WINTERIZE 2018WINTERIZE POOL AND EQUIPMENT.WINTERIZING CHEM1CALS INCLUDED IN PRICE
QTY
12
COST
200.00
1,000.00
6,650.00
200.00
4.950.00
TOTAL
2,400.00
1,000.00
6,650.00
600.00
4,950.00
PLEASE SIGN AND RETURN 1 COPY IF ACCEPTED
Page
A.B.C.S. POOL SERVICE INC.
355 RIVERLAWN DRP/E 'WAYNEN.J. 07470973-256-5536 EST. 1969
DATE
5/1/2018
NAME/ADDRESS
JERSEY aryo.p.w.BUREAU OF PARK MAINTENANCEJ3UNDENAVE.EASTJERSEY CITY, NJ. 07305ATTN: ELIZABETH HARLEY
PROJECT
2018 SERVICES
DESCRIPTION QTY COST TOTAL
LAFAYETTE PARK
LATE MARCH - PULL BACK COVERS ON BOTH POOLS ANDADD CHLORINE AND ALGAECIDE TO MAINTAIN WATERQUALHY FOR OPENING
SUMMERIZE BOTH POOLSSUMMERIZING [NCLUDES:REMOVE AND FOLD COVERS. VACUUM POOL WITH OUREQUIPMENTSUMMERIZE AND STARTUP FILTRATION AND CHEMICALFEED SYSTEMSINSTALL DECK EQUIPMENTSTARTUP CHEMICALS TO BE PROVIDED BY A.B.C.'S.POOLS EXCEPT FOR C02 TANKS AND ACCU-TABCHLORINE TABLETSMONTHLY INSPECTION OF SWIMMING POOLS ANDOPERATION
WfNTERlZE BOTH POOLS AND EQUIPMENTWINTERJZING INCLUDES:LOWER WATER LEVELSBLOWOUT AND CAP FILTRAT10N LINES AND FILL LINESFROM PUMP ROOM TO POOLSDRAIN FTLTRATION AND CHEMICAL FEED LINESSYSTEMSREMOVE DECK EQUIPMENTADDITION OF WINTER1ZING CHEMICALS FNCLUDIMGCHLORINE, ALGAECIDE AND STAIN PREVENTERSINSTALL POOL COVERS
1,775.00
13.500.00
1,775.00
13,500.00
200.00
7,850.00
600.00
7,850.00
PLEASE SIGN AND RETURN I COPY IF ACCEPTED$39.325.00
Page 2
May 3,2018AQUATIC SERVICES. INC. -\^
PnsvidfHf 8lm Waltr
Q
Jersey City D.P.W.Bureau of Park Maintenance575 Rt. 440 '
Jersey City, NJ 07305Attn: Elizabeth Harley
Dear Elizabeth,We are pleased to provide you with the following proposal:(This prQposal covers from January 17, 2018thru December 31, 2018)
1) Pershing Field Swimming poolMonthly Inspection of swimming pool and operations $ 2,750,00
2) Pavonia Ave Swimming poolEnd of March- Pull back cover and add chemicals to hold pool untilopening $ 1,200.00Start up 2017: Drain, and acid wash pool
Summerize filter and chemical control systemS,tartup of filter system, Provide Startup chemicals, C02Not included £ 6»900.00
Monthly Inspection of swimming pool and operations $ 700.00Wititerization of Swimming pool 2017 $ 5,200.00
3) Lafayette Park Swimming PoolsEnd of March- Pull back covers both pools and add chemicals to hold pooluntil opening $ 1,950.00Drain and pressure wash and acid wash both pools $ 14,200.00Start Up 2017: Remove covers, Vacuum both pools
Summerize filter and chemical control system
Startup of filter system. Provide Startup chemicals
Monthly Inspection of swimming pool and operations $ 700.00Wmterization of Swimming pool 2017 $ 7,900.00
Total: $41,500.00
Sincerely,
Scan HaggertyVice President
N.J. Department of Treasury - Division of Revenue, On-Line Inquiry Page 1 of 1
The contractor or subcontractor agrees to hifonn in writing its approprinte recruitment agencies including, but notlimited to, employment agencies, pfacemcut bureaus, colleges, universities, and labor unions, that it does notdiscriminate on the basis of age, race, creed, color, nstionat ong^ ancestry, mBritnl statue aflectional or sexualorientation, gender identity or expression, disability, nationality or sue. and thsl U wltt discontinue ihe use of anyrecruitm&nt agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, ifnecsssary, to assure that allpersonnel tosttng conforms with (h& principles ofjob-relaled testing, as established by the statutes and courtdecisions of the State ofNew Jersey and as established by spplicabte Federol law and applicable Pcd&ral courtdecisions.
in confbnnhg with tho largeled etnpfoyment goals, liie coiuractor or subcontToctor agrees to review all proceduresrelating to transfer, upgrading, downgrading end layoff to ensure tlmt otl such actions are taken without regard toage, race, crewl, eolor, national origitit ancestry^ maritnl status, affectional or sexual orientation, gender identity orexpression, disability, nationality or s^x» consistent wtlh the stalutes imd court decisions of the State of New Jersey,and applicable Federal law and applicablfr Federal court decisions,
The contractor shall submit to the public agen&y, after potificatton of award but prior to execution of a goods andservices contract, one oftbe following three documents;
Letter of Federal AfRnrtBtlve Action Plan Approval
Certificate of Employee Infonnatton Report
Employee Information Report Form AA302 (electrontcatty provided by the Division and distributed to thepublic agency through the Division's websilo at vnvffHSfate.lu.ysftreasiiFy/contT9Ct^con]plianc&
Tlie mntractorand its subcontractors shall furnish such reports or other documents to lh& Division orPurcliase &Property, CCAU, EEO Monitoring Progr&m as may be requested by the office from time to timo in order to canyout tha purposes of those r6gulBtions» and public agen&ies shall furnish such information as may be requested by theDivision ofPurchass & Property, CCAU, EEO Monitoring Program for conducting a coitipliance Iiwestigntionpursuant to Subchapter 10 of the Admlutstratlve Code atN.J.A.C. l7s27.
The tindcnigotti vendor «rtlt1?s on fhelr campany') rcc(Iiit» bnowlcdse sn() coromltmcnt to comply with;
The untlerstgntd vendor furfhcr sgrcu to rurnhh (be wiulmt rbrniKifcyldcnccflnEt
understands that llictr cnatract/company't hltl shall be rejedcil 01 coti-ruponilre IFsald cnulmttor ratts to comply with the requirementsofNJ.SA. 1B;3.3I andNJw<,C.I7;l7.'
Rqircsentatlv^ Namc/TIHc (Printl; . frC. A H ^ K Cl^^t^ / ^/^ ^ ^FreA ^\\ e^.'c / P/
^Name orComuanyt f\6^ P^ o] ^ €/- ^1 <. C
Tol.No.,173^053 € Date, ^ tM ^
AippmaxA .AMJSRICANS WITH: D?gABILm3£S ACT OF 19$0
Eguftl Opportuatty tvv IndSviduftts with JDtrabIUty
Th&oonUtiotornndtIio__..... ..... .of^_,(tierea0or "owner") do h&r&bya&rae that th6
, provisions ofTJUe ll of ths Ainorioflus With Dfitabjatioa Act of 1990 (tho "Aot11) (¥2 R$C ^ O! otsoq.), wbfoli prohibits dfsorfttttnRdoa on th»t)flsfe ofdlBftblIlty bypubUo onUHw In all fleryJoos, pro&ram?,and eoHvto provided or mado tivailablo by pubtlo enfltles, and ttio nito$ flod fegtilattons promutg&todpvrauantthera unto, orerofttie apart oftiifsconti'act Inprovidm^sny aid, boRefit, or servbfl cfti6ehtilfof(h&owiiwpiusHBnUothlBwntraotttbpc^ytraotorflST&asthatthepBribnriancaslianbeInstriotooaipllancowttht3»& Act lu Un» ovont tiytt •th& coutraotor, Its Bgonta, eervante, employ&as, o? subwnttaotQFff vtolRt& or ftrAalIogod'tftItBV&vIoI&tedtii&Afltaurinyt1t6pw&r?(uiM>GftIiisroiiVao4(1i&wnteaotorshall4efaudlIt^ownocfnanyeoflon orfldtnfttlstaiftw prcioe&rifnitOonimenocKfpureuEuitto thIaAcf. Tfiocontmotorsfiolf fttdemtilfy,pnatoot sudsfl.YOjismiIosstli&ownGf, Itoafftfntst, ?oryantfl,and (Wp]oyoo?fi^»aandflgalDETt&nyendoU stitt^oI&im8^IOMea,ddni&nd^ordanu^ofwii&tevorkln4ornataw.(^tdtnsoutof^roJitimedt&BriB(>o^atie^d vtotation» Tho confrootor shall, at Its own oxpA&s&, appear, (tefbnd» 6ttd pay any And aU.-oNfgos.f&r
•ls5Qi&^o^flndatty^sywris^dothBcoxp6nsosariBtng^m3up^aoftlouo^mtni6tratlw^^or fnoiuTfld h-conneotlon tfiotawlfh, J'n dny and att oompJnttite bron&fK pur&utintfo tfto ownw'9 grhvanwproo^du^, the wi'itoa&torittgroes to eblds by any deblslo.n oftk& owisrwhloh I? Rsnd^nd pnrsuunfcto.s^dgtl6Vane&yK?(^ufo,Iffl^iyaottorto^mirttBtmtIvapr&ooedtogresiiltalnan.&\vflidofd&mofi63a6BtnBtlli&owner, or If (IIP o'wtlor inoutft wy wtpens&to ouro & vlot&ttoa offb6 ADA wlltoh has bBea brought purauant•to tt^ grjovaitce procoduro, Ul& ooGtmotor shAlI aethty aAiI disohaygo thtt satn& at Its own oxponse.
The owwshaltt os soon Afl prftotl&abio ftftcr a olftim ba^ bcflii tuftd& tigainrt tft ^ wltton noric&thOFfcofto(ho oontract^r ftlong wltii ftill tind complot^ pflrfioulEirs of thff ototni. If "any tioflbn ofr ftdmfiitsh'atlvaprooiwltog lij brouglrt dgatnat tlio ownftr or fiuy of Its iig&htei serviuits, and'e^ploys^, the w/fffr ^Woxp'fidhiously forwni or h&vft forwarded (o th& contaiolor weiy demand, complaint, nottce, summonsipleading or other yroees? received by tfce owner or its irflpressntadm
If ia expressly pgrced snd vnd^ratood th&t'sny approval by (ho owuer of (ho servicetf provided by fliocontmotoi* pursuftnt to thts oontTaot'wlll not rolE&v6'iho pontTftotof ofUi^ obligotiou to wmpty ^Ithtlw Aotend to dofo'irtd, iftdomnlf^ prolo6t> oiuf savo li&rrofoss.tho ownot-pureufult to this paTaeroph,
It Is ftirthw ogcocct and under&toad tliattho owner osfiiimos no oblig&Uon to inehmalfy or saw hannts^ th&?ontratttor» jta ftgontfi, &orvanfs, oiftpbyflos and suboonirROtott fbr 8ny olfilm wbfeh-may ortso out of theirpwfbmiBttoe of this Agreoment. ^mionnoro, thft o&tttraotor exprossjSy underetends otid agre&&?ct thpptrofvlsiow oftbls indomnlfEofttlob otmiee shalt fn no-way lf(nttth6 ooiiitfflotor'fi oStlgtttfon& assumect tn thtsAgr^m&nt> nor shall th&yb& con$mied to reUfrvo the ftontmotor flom any ItftbUIty, nor preolutto tiio ownor&onHakIftganyoth8rao£loAs avaltableto ttundfirnnyotlierprovlslons ofth&AgnsemGntorothorwIfi&tttlaw,
(^pt<isettt8fhfota^temc/TtMrint)i ^r t A^ •/1<~ Ke h ~z- / '^jL-£fefipx'esonfafWs SjeuAfw&t. c^A^JL , F^- ./-/L^ftma of Comppnyt ftf}CS~P^(.} Service.
re 3
FfiL ^^1^S^^~^6^€ :OateTISSLl
MjaorifyAVoiaanBusicasss Enterprise (IMWBE)Questionnaire for Bidders.
Jerssy Cify Ordinance C-829 establishes a eoal ofaiyarding 20% of the dollar amount of totalcityprd curemeut lo cunorify and •woman owned business enterprises. . '
To assist us in mpnitoring our achi&vemeat of this goal, please in.dlcat& below whether youycompany is or is not a minority ovmsd and/or 'woman owned business, and rstum this fonn withyour bid proposal. . . • .- ,
Minoriiy Owned Business (MBE). .._^ Mmciri1y& Woman OwnedBusiness-(MWBE) •
Woman Owned busin&ss CWBE) • Neither. • . •
DeHnltloas ' 1 ' . ' ' .
M^t&orifyBustuess Enterprise . ' • .
Miaority Business BotQipriss mesns a businsss ^hich is a sole proprietorshlpt partnership or co^oratian at laast.51% ofwhich Is owasd aad coatrolled by persons •whb are Afi'ican American,'Hispfltilc, Asian American, AmerJcanIndian or Alask&n n&tlve, defmed,as -follows: _' " • •
African A.tucrlcatti a p&rapn having origins io any (>f the 'black racial groups of Africa .
Htspanlc: a percon ofMtydcBn. Puerto RJcan, Central or South AmericaTt or othar nan-EurOpean Spsnlshculturs or origin regardless of race.
Asian; . a person having origins in any ofllie original peoples ofthe-PBr East, South Bast Asia, Indiansubcontinent, Hawaii or th$ Pacific Islands. - • • ' ' •
. American Indian orAJas^an Native! a'person havlns origins in any of the original pfcoplesofNorfhAmorica and who maintains cultural identification tiirough trfbal afiftliation or communityrecognttion. i .
Woman Bifsiness Eatfirprisa . , . • ,
Woman Business Eotetpci&s means a bushiess which Is & sole propri&tarship, partn?rshtp or corporation at JeEist 51%of which is owned and controlled by awoman. or women, . . '
• ir • en ' -yilr.i (im-ing the fcjomofth&cbBt^ct- ft 6^ ^•?.l^ ^*€rfr-^c^ '. \i!^ \1;'i; ;:ol inriko^yre^ortaklQrohMbutiuss'BQviolalipnofOj'dinaaeeOS-/ -
:i })i:' .n: me ()ii.s ' I'- ^clavo?DE^7lSE^/1lSAJET,- .-
pmnyr'unuG OF MEW JE^EY-1,.Y CO^ISSION EXPIRES FEB-. 1j.£923
ICMl.(Wibinssccl ot at^sted^.y)
l[;f.";:
'(Sfial)
pU.
w!LRequired Pursuant To N.LS.A,. l9:44A-20.26
ThEs form or E(e pcrinttted facsimile must b& sisbmltfed to the local unitpo^atcr Oinn 10 days prior to the award of the eoatract,
Part I - Ve" d o r Jn fonnsfclon
•Vendor N?- ";
Address: 1 JCity: j W ^.
r93<3Z;>.^(r
~ESLi C.1 i. 'n
-^c."UFState:
u<<.
J±
^.
^ Zip: <ns>-» 0
Th&undersl"' ;r! being authorized to ec, rtify, hereby certifies that the submission provided herein reprcsenlscompliance . ~.\:-: pr'-Yies'-'ns cf^T 1^ 19:-(t4A-20.26 and &8 represented by the Jhstnictions&coonnpanymgthig
form.
Signature
Part 11-
!-^\ •-<[ /?CKPrEntedNams
/~c^ <^z/t ^c^Title
pl r~o
Disclosurpoliticalfcommitie
c icnt: Pursuni ' N.J.S.A. 19;44A-20.26-thi8 disclosure mast include all reportable; ' -.3 (ri0 iT 111 :1 0 per election cyclo) over the 12 months prior to submission to the
VL. 1HK ;lt C ' 3 listed on the form provided by the local unit.
Q Chcc1'' ;r". ;r'3if:Giosure EsproviiJcd in electoonicfonn.
" ''' rp^ Raclplent Nama Data Dollar Amount
D'Ch ^r 'Uin1 ;? '-^ntinufcd on subsequent page(s)
City Clerk File No.
Agenda No.
Approved:
TITLE:
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW OF FIRM NETCHERT DINEEN & fflLLMAN, ESQS.TO REPRESENT POLICE OFFICER MORTON OTUNDO IN THE MATTER OFJONATHAN SANDERSV. CITY OF JERSEY CITY, ET AL.
WHEREAS, a complaint was filed January 26, 2018 in United States District Court underDocket No. 2;18-CV-01057-KM-JBC by Jonathan Sanders alleging false arrest/imprisonment,
illegal search and seizure, and excessive force; and naming Police Officer Morton Otundo as a
defendant; and
WHEREAS, Corporation Counsel determined that it was necessary to appoint special counsel to
represent Police Officer Morton Otundo; and
WHEREAS, the law firm ofNetchert Dineen & Hillman, Esqs. is qualified to perfonn theseservices; and
WHEREAS, special counsel agreed to provide its services at an hourly rate of $150.00 per hour,including expenses, for a total amount not to exceed $50,000; and
WHEREAS, these services qualify as professional services exempt from public bidding underthe Local Public Contracts Law, N.J.S.A. 40A: 11-1 e£sec[.;and
WHEREAS, m October 2017, the City publicly advertised a Request for Qualifications (RFQ)using the <<Mr and open process" as described under the Pay-to-PIay Law; and
WHEREAS, Netchert Dineen & Hlllman, Esqs submitted a Qualification Statement in responseto the City's RFQ; and
WHEREAS, the City is awarding this contract under the Fair and Open provisions of the NewJersey Local Unit Pay-to-Play Law, N.J.S.A, 19:44A-20.4 et sea.; and
WHEREAS) Netchert Dineen & Hillman, Esqs has submitted its Certification of Compliancewith the City's Contractor Pay-to-Play Reform Ordinance 08-128 adopted on September 3, 2008;
and
WHEREAS, a temporary encumbrance m the amount of $10,000 is available m Account No.18-01-201-23-210-312.
WHEREAS, the resolution authorizmg the award and the agreement itself must be available forpublic inspection.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of JerseyCity that:
1. The award of an agreement with the law firm of Netehert Dineen & Hilhnan, Esqs to
represent Police Officer Morton Otundo in the Jonathan Sanders litigation, is hereby ratified forone year effective April 2, 2018. for a total contract amount of $50,000, including expenses;
2. The award of tfais contract shall be subject to the condition that the vendor providessatisfactory evidence of compliance -with the Affirmative Action Amendments to the Law against
Discrimination. N.J.S.A. 10:5-31 et sec}^
Continuation of Resolution
City Clerk File No. Res. 18-51_3
Agenda No.
TiTLE;
Pg.#
10.2.15 Ti 2018
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW OF FIRM NETCHERT DINEEN & HILLMAN, ESQS.TO REPRESENT POLICE OFFICER MORTON OTUNDO IN THE MATTER OFJONATHAN SANDERS V. CITY OFJERSEY CITY, ETAL.
3. Subject to such modification as the Corporation Counsel deems appropriate or necessary,the Mayor or Business Administrator is authorized to execute the professional services
agreement attached hereto;
4. A copy of this resolution will be published in a newspaper of general circulation m theCity of Jersey City as required by law within (10) days of the adoption of the resolution;
5. 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.;
6. The Certification of Compliance with the City's Contractor Pay-to-PIay Reform
Ordinance, attached hereto, shall be placed on file with this Resolution; and
^. Pursuant to N.J.A.C. 5:30-5,5(c), the continuation of the agreement after the expenditure
of funds encumbered in 2018 fiscal year temporary budget shall be subject to the appropriationof sufficient funds in the 2018 fiscal year permanent budget and in the subsequent fiscal yearbudget.
I MM7l/V//W / ^-AA//^—__^I?onna Mauer hereby certify that there are sufficient fundsavailable in Account No.: 18-01-201-23-210-312 for payment of this resolution. PC ^io. 0%c^
Donna Mauer, Chief Fmanclal Officer
04/03/2018
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
'.n
\Q-^
A^'Business Administrator Corporation Counsel
Certification Required IS
Not Required DAPPROVED 9-0
RECORD OF COUNCIL VOTE ON-FINAL PASSAGE 5.23.18
COUNCiLPERSONRIDLEY
PRINZ-AREY
BOGGiANO
AYE
~T_'7;y
NAY N.V. COUNCILPERSON
YUNSOLOMON
ROBINSON
AYE~T
>/.
~v
NAY N,V, COUNCILPERSON
RIVERA
WATTERMAN
LAVARRO,PRES
AYE
J/_//
NAY N,V.
N,V,-Not Voting (Abstain]
Adopted ataj3?e,ting of the Municipal Council of the City of Jersey City NJ.
''^olacf^'R. Lavarro, Jr., President of Counc!
RESOLUTJONFACT SHEET - CONTRACT AWARDThis 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.
Full Title of Ordinance/Resolution
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICES AGREEMENTWITH THE LAW OF FIRM NETCHERT DINEEN & HILLMAN, ESQS. TO REPRESENT POLICEOFFICER MORTON OTUNDO IN THE MATTER OF JONATHAN SANDERS V. CITY OFJERSEY CITY, ET AL.
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
It was necessary to hire outside counsel to represent Police Officer Morton Otundo who was named in a
complaint filed in the US District Court by Jonathan Sanders alleging false arresVimprisonment illegal searchand seizure, and excessive force.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
Insurance Fund Commission.18-01-201-23-210-312
$50,000
One Year
Type of award Fair/Open
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
S-//J-/Signature of Department Director
Outside Counsel Agreement
This Agreement dated the _ day of _, 2018 between the City of
Jersey City, a municipal corporation/ with offices at 280 Grove Street/ Jersey City/ New Jersey
07302 ("City") and Netchert Dineen & Hillman/ Esqs./ located at 280 Baldwin Avenue/ Jersey
City/ New Jersey 07306/ (Special Counsel'). The Corporation Counsel of the City of Jersey City
has selected Special Counsel to serve as Outside Counsel in connection with the matter of
Jonathan Sanders v. Citi/ of Jersey City et al.
In consideration of the mutual promises and covenants set forth herein/ the parties agree
as foUows:
I. CONFLICTS OF INTEREST
A. Initial Conflicts Check.
Outside Counsel must be sensitive both to direct conflicts of interest that representation of the
City and other clients poses/ and to the less direct/ but nevertheless serious/ conflicts that may
arise from the same firm's advocacy/ on behalf of other clients, of positions conflicting with
important City interests. Prior to Outside Counsel's engagement/ Outside Counsel shall
carefully review whether any conflicts of either type exist and/ if so/ bring those conflicts to the
attention of the Corporation Counsel. The City shall be promptly informed of and consulted
with respect to all potential conflicts. Although issue conflicts may not necessarily result in a
disqualification of Outside Counsel/ the City shall be consulted before Outside Counsel accepts
an engagement that will require the firm to advocate a position that may be adverse to a City
legal interest or otherwise prejudicial to the interests of the City. The City in its sole discretion
shall/ after consultation with Outside Counsel/ determine whether an impermissible conflict
exists/ or whether other circmnstances exist that would undermine the public's confidence if
representation by Outside Counsel continued.
Outside Counsel's acceptance of an engagement on a matter without written disclosure of any
conflicts constitutes Outside Counsel's representation that it has conducted an appropriate
conflict check and no conflict exists.
B. City Conflicts.
The City has a duty to protect the public interest. As part of this responsibility/ the City sets
policies to ensure that the legal system operates in a manner that safeguards the publi-c's
confidence m the integrity and impartiality of its administration. For this reason/ in addition to
Page 1 of 17
insisting that its attorneys follow the Rules of Professional Conduct/ the City prohibits Outside
Counsel that represent the City/ while such matter is pending/ from;
(1) Representing private parties before the City or any of its boards/ proceedings/
commissions or autonomous agencies in adversarial/ transactional or non-adversarial
proceedings. Outside Counsel also may not/ on behalf of a private client/ lobby the City or any
City department.
(2) Representing private parties in any matter in which the City also is a party/ if the private
party has interests adverse to the City.
(3) Representing a private client with interests adverse to the City.
(4) Representing another client if that representation would present a substantial risk that
Outside CounseFs responsibilities to the City would limit its abiUty to provide independent
advice or diligent and competent representation either to the City or the other client.
(5) Representing another client where the Outside Counsel's knowledge of the City's legal
positions or strategy/ derived from its representation or prospective representation of the City/
could be used to the advantage of the other client or the disadvantage of the City.
C. Continuins Obligation.
The obligation to disclose conflicts continues throughout the course of the representation.
Outside Counsel must review conflicts of interest on an ongoing basis as new matters are
opened. Any new attorney/client relationships that potentially create a conflict shall be reported
to tiie Corporation Counsel immediately.
D. Attorney-CUent Privilege Group/No Representation of Other Persons/Entities
Ab s ent Approval.
Outside attorneys engaged to represent the City (as opposed to a named person) shall consider
themselves to have formed an attorney-client relationship only with the City/ and not any of its
individual employees. When speaking with current or former employees of the City/ Outside
Counsel shall/ as appropriate/ advise those employees that although their dialogue will be
considered attorney-client communications to the fullest possible extent/ counsels
responsibility is to the City and they do not represent those employees in their individual
capacities. As a matter proceeds/ if employees of the City will be examined under oath or
interviewed in other adverse contexts, and if Outside Counsel believe it advisable for them to
represent the employees in their individual capacities at such events/ Outside Counsel must
obtain the Corporation CounseFs advance consent before agreeing to represent such persons in
their individual capacities. The Corporation Counsel/ in consultation with other City personnel/
Page 2 of 17
will determine if it is appropriate for the individual to receive representation and/ if so/ by
whom.
Outside Counsel who are engaged to represent both an entity and employees of that entity
simultaneously shall take all necessary steps to ensure the continuing absence of conflicts/ and
to preserve their ability to continue representing the entity in the event that conflicts develop
between the entity and individual clients.
H. WORKING RELATIONSHIP
A. Identification of Objectives/Relationship Attorney.
The Corporation Counsel or his designee will be Outside Counsel's principal and regular point
of contact for financial and strategic decisions. Only the Corporation Counsel or his designee
has authority to direct Outside Counsel in the handling of the matter. If a City employee other
than the Corporation Counsel or his designee asks Outside Counsel to proceed in a certain
fashion or to perform certain activities with respect to a specific legal matter/ Outside Counsel
shall report the request to the Corporation Counsel and obtain direction prior to proceeding.
Outside counsel shall designate an Attorney to be the Corporation Counsel's principal contact.
In all matters/ the City remains ultimately responsible for making all substantive decisions and
determining the costs and benefits of contemplated legal activity. In many matters/ City
attorneys wiU act as full co-counsel and be engaged with Outside Counsel m the day-to-day
conduct of the case. In matters where Outside Counsel is handling that day-to-day conduct
without City personnel as co-counsel/ the City shall be consulted on a regular basis throughout
the course of Outside Counsel's engagement and to be kept fully informed of the current status
and proposed course of the matters assigned to Outside Counsel's firm. All strategic/ tactical/
staffing (including any proposed staffing changes) and significant resource allocation decisions
about City legal matters must be made in collaboration with the Corporation Counsel.
B. Early Case Assessment/Cost Assessment.
Each complex matter is to be thoroughly evaluated at its outset. The same applies to actions in
which the City is the plaintiff/ except that the analysis will be performed before the case is filed.
In any matter/ Outside Counsel shall provide an early case assessment that includes analysis of
(1) likely costs to the City from the process/ (2) possible outcomes/ indicating the likelihood of
each/ and (3) strategy and tactics for termination or resolution. The format of the early case
assessment may vary from a formal written document to a verbal briefing or a combmation of a
written budget with a verbal briefmg on other aspects of the case.
Please note that time spent preparing a budget is not billable/ but counsel may bill for time
spent preparing an early case assessment or a recommended discovery plan.
Page 3 of 17
The City places significant reliance on cost estimates and Outside Counsel shall prepare them
with care. Although the City understands that unanticipated events may have an impact on
costs/ the City shall be consulted promptly if Outside Counsel believes that the most recent cost
estimate provided is no longer accurate. Should total fees or costs exceed the agreed budget/ or
should fees or costs for a phase of the case exceed the agreed estimate for that phase/ without
adequate explanation in advance that the increased expense will be necessary/ the City may
require that an increased discount be applied to unanticipated fees or costs and reserves the
right not to pay Outside Counsel for any amounts incurred or expended in excess of the
approved budget or estimate.
For bond matters and other transactional engagements/ counsel may be expected to provide a
fee cap for the transaction/ approved by the City/ prior to commencing work. Only where a
transaction materially changes in scope will the City consider revisions to an agreed fee cap. No
payments above the agreed fee cap shall be made unless and until a revised fee cap has been
approved in writing by the Director of the City or hisA^ designee.
C Staffing.
Unless otherwise agreed/ the senior attorney retained shall be directly and ultimately
responsible for the entire assignment. The day-to-day involvement of that senior attorney/
however^ shall be appropriate to the magnitude of the matter and the efficiency required for a
timely/ cost effective/ quality work product. When a senior attorney can handle an assignment
most efficiently (based on skill and experience)/ that senior attorney shall complete the
assignment
The City shall be billed for only one attorney to attend events such as depositions/ witness
meetings/ settlement conferences/ negotiations and meetings with other parties' counsel. The
City recognizes that in more complex matters and those with multiple work-streams/ it may
occasionally be appropriate for multiple attorneys to attend significant events and for members
of the team to consult with each other. The City insists/ however/ that no more than the
minimum number of attorneys necessary to an event attend/ that billable internal conferences
and charges for drafting and reading internal email correspondence occur only when absolutely
required/ and that the Corporation Counsel be regularly informed both of the number of
attorneys who will attend significant events and the reason for the attendance of each billing
timekeeper.
The City believes that it is most efficient for a single attorney or group of attorneys to handle a
matter from beginning to end and Outside Counsel shall strive for such continuity. The City
will not pay for learning time that may result from staffing changes at Outside CounseFs firm.
In addition/ the City will not reimburse Outside Counsel for any routine training or supervisory
time, including time spent at seminars/ unless specifically approved in advance and included as
part of the budget. The City will not ordinarily pay for summer associate time unless such time
Page 4 of 17
has been identified as part of the approved staffmg plan for appropriate work. The City will not
pay for time submitted by librarians; secretaries; billing/ filing/ docketing or document clerks;
internal messengers/couriers; temporary or clerical support staff; word processors; and IT
professionals other than electronic discovery specialists serving a function similar to that of
paralegals/case managers. The City also will not pay for time billed by attorneys or paralegals to
perform tasks (filing/ indexing/ etc.) that could and should have been handled by support
personnel.
D. Settlement.
Outside Counsel shaU have no settlement authority unless and until such authority is explicitly
conferred on them by the Corporation Counsel. If Outside Counsel believes that settlement
should be pursued/ Outside Counsel must seek instructions m this regard from the Corporation
Counsel/ and not pursue formal or informal settlement discussions without the Corporation
Counsel's approval. Outside Counsel shall immediately inform the Corporation Counsel of any
settlement proposal or overture/ formal or informal/ by the opposing party or counsel. Please
note that under no circumstances can the City agree to desienate a settlement asreement as
confidential. All City settlement records are, by defimtion, public documents.
E. Media Relations/Law Firm Advertisine.
The City does not authorize outside counsel or vendors to comment publicly in any manner
on any aspect of the City's legal matters. All media inquiries relating to the City shall be
referred promptly to the Corporation Counsel and discussed with the Corporation Counsel
before responding to the media contact in any manner. This includes even "no comment or
other non-substantive responses. If time is of the essence and Outside Counsel cannot reach the
Corporation Counsel/ the Press Secretary in the Office of the Mayor shall be contacted.
The City does not permit Outside Counsel to advertise or promote their relationship with the
City/ other than by listing the City as a representative client.
F. Engagement of E-Discovery and Other Vendors, Including Experts.
Before engaging any vendor/ including electronic discovery firms and experts/ lobbyists or
other consultants (in each case/ a "vendor")/ Outside Counsel must pre-clear that engagement
with the Corporation Counsel/ unless the Corporation Counsel has explicitly granted exceptions
to this preclearance requirement. The City will not be responsible for vendor fees or costs unless
that vendor's engagement was pre-approved by the City. The City may require Outside
Counsel to engage vendors with which the City has master contracts or preferred pricing
arrangements/ and always will insist on engagement of the lowest-cost vendor qualified to
handle a task (understanding that complex tasks may require vendors with specialized
expertise).
Page 5 of 17
Outside Counsel will pay all third-party service providers directly and will bill the City for
those services' detailed disbursements included in monthly invoices. This City will not accept
separate invoices from service providers directly to the City for payment.
Outside Counsel has the responsibihty to ensure that there are no conflicts between any vendor
and the City. In addition/ all vendors must execute the confidentiality agreement attached as
Appendix A. The fee and disbursement policies as outlined in this Agreement shall be made
available to/ and followed by vendors. It is Outside Counsel's responsibility to confirm that all
third party billings comply with this Agreement.
Vendor payment arrangements shall be discussed in advance with the Corporation Counsel. In
general. Outside Counsel shall contract with vendors themselves and pay the third party
invoices directly/ incorporating those invoices into their own bills to the City and including
appropriate detail for reasonable review by City personnel. The City may request Outside
Counsel to provide full copies of vendor invoices; Outside Counsel therefore shall retain those
invoices in accordance with IRS guidelines. The Corporation Counsel may approve other
payment arrangements,, including (in rare cases) direct contracting with and payment by the
City.
When engaging court reporting services/ Outside Counsel shall request only one transcript
(electronic or hard copy). The City will not reimburse charges for additional transcripts.
G. Adherence to Ethical Standards.
The City conducts itself in accordance with the highest ethical standards and expects the same
of its Outside Counsel. No City employee ever has authority to instruct Outside Counsel to act
in an unethical manner. If Outside Counsel believes that a City employee has engaged or will
engage in iUegal or unethical activity. Outside Counsel must immediately advise the
Corporation Counsel. The City will terminate its relationship with any Outside Counsel who/ in
the City's sole discretion/ fails to adhere to the foregoing ethical standards.
At all times/ Outside Counsel will remain aware of and in compliance with each of the City's
//Pay~to-Play/<r ordinances and any amendments thereto.
H. Gratuities.
City officers and employees are prohibited from accepting any gift/ favor/ service or other thing
of value related in any way to the City officer s or employee s public duties. In addition/ any
vendor to the City is prohibited from offering a gift or other thing of value to a City officer or
employee with which the vendor transacts business or offers to transact business. Any City
officer or employee is prohibited from soliciting a gift or thing of value from a City vendor. This
includes charitable donations made in the name of a City employee.
Page 6 of 17
The City reserves the right to amend this Agreement from time to time/ providing written
notification to Outside Counsel within thirty (30) days of the effective date of any substantive
changes. Failure to accept amendments may result in the termination of services from the City.
I. Malpractice Insurance.
Outside Counsel representing the City shall maintain malpractice insurance coverage that is
reasonable and prudent in relation to the types and sizes of matters handled. Outside Counsel
shall/ upon request/ promptly provide the Corporation Counsel with copies of any applicable
policies required under this section/ and/or a certificate of insurance. Each policy provided must
be certified by the agent or underwriter to be a true copy. If Outside Counsel does not have
coverage or if coverage is cancelled and not immediately replaced with comparable coverage,
Outside Counsel must immediately report this to the Corporation Counsel.
J. File Retention.
For Litigated Matters: Outside Counsel shall retain pleadings/ correspondence/ discovery
materials/ deposition transcripts and similar documents and work product for a period of no
less than seven (7) years from the date the matter is concluded or for the time period specified
by rule or law m the jurisdiction in which the matter was pending/ whichever is longer. Beyond
this period/ Outside Counsel shall notify the City in writing no less than sixty (60) days prior todestroying any file. Along with the written notification/ Outside Counsel shall submit an
inventory of any original City documents contained in the file to be destroyed and a
representation that any electronic version of the file will also be destroyed or deleted.
For Bond and Other Transactions/ and Advice Matters: Documents shall be retained in
accordance with the same policies applicable to litigated matters unless applicable law
mandates any longer retention schedule. However/ bond counsel and transactional/advice
counsel shall retain all transcripts of transactions and memoranda of advice indefinitely unless
otherwise directed by the Corporation Counsel.
III. Billim
A. Rates.
Outside Counsel shall be compensated at the rate of $150.00 per hour/ including expenses. The
total amount of this agreement shaU not exceed $50/000.00.
The City will pay for actual services rendered at rates established in Requests for Qualifications
or otherwise agreed to in advance. At the time of Outside Counsel's initial engagement/ Outside
Counsel shall furnish the Corporation Counsel with a schedule of billing rates for partners/
associates and all other timekeepers expected to bill time against the matter for review and
approval prior to billing time to the City. Because of City procurement rules/ the rates
Page 7 of 17
applicable at the inception of each specific matter must remain in effect for the duration of that
matter.
Hourly rates shall include all overhead costs (see Acceptable Fees/Charges/ below)/ none of
which shall be included in disbursements.
Time must be bUled in 0.1 hour increments and on a per-task basis. The time entry description
must be specific/ detailing the action taken and the subject matter. Absent prior consent/ the
City will not pay for more than ten (10) hours of time by a single timekeeper in a single day/ but
the Corporation Counsel may increase that number of permissible hours in matters of special
urgency or where cases are in or approaching trial.
Outside Counsel shall bear m mind that invoices may be disclosed pursuant to the City^s open
records laws and that courts may not sustain assertions of privilege by the City. Although the
City will endeavor to redact privileged information before releasing bills for public
consumption/ Outside Counsel shall/ to the extent practicable and consistent with the need to
fully inform the City of its activities and to allow the City to evaluate the reasonableness of
billing narratives, avoid the inclusion of privileged matter in invoices.
B. Invoicing Policy.
AU invoices must be submitted to the Corporation Counsel.
For litigation/ advice/ and non-bond transactional matters/ Outside Counsel generally are
expected to submit monthly invoices within thirty days of the conclusion of tihe bUUng period/
absent the City's prior consent to a longer delay. AU charges must reflect the work performed
within the billing period or a reasonable time before the billing period. Absent good cause/ as
defined by the City/ the City will not pay for services or expenses incurred more than 90 days
prior to the date the invoice is submitted. For bond matters/ Outside Counsel are expected to
submit their mvoice within thirty days of the conclusion of the transaction.
Absent a specific agreement to an alternative fee arrangement/ Outside Counsel fees shall be
computed by applying the negotiated hourly rate to the time for the services expended. Hours
shown must accurately reflect the time spent on the described activity and must either be the
exact amount of time or the exact time rounded down to the nearest one-tenth of an hour. Block
billing—grouping multiple activities under a single time charge—wiU not be accepted/ and the
City will not pay for any time recorded m a block fashion unless this requirement is waived by
the Director of the City of Law or his or her designee.
Every bill from Outside Counsel is deemed to be a certification by the firm and billing partner
that all legal services and disbursements reflected on ^he bill are reasonable for the legal matter
involved and necessary for the proper provision of legal services to the City. The City may
deduct certain fees and charges that are inconsistent with this Agreement.
Page 8 of 17
The City reserves the right to audit all fee and disbursement details that Outside Counsel
submit/ as weU as the corresponding legal file. The City will promptly terminate the services of
any Outside Counsel whose billing practices raise questions about the Outside Counsel's
integrity/ honesty or compliance with the applicable rules of professional conduct or this
Agreement.
Q Invoice Format.
Each invoice will include the following minimum requirements:
Copying charges may be billed to the City at the lesser of the most favorable rate applied by
Outside Counsel or five cents per page. The City will reimburse for document scanning at
Outside Counsel firm's regular rate/ up to a maximum of five cents per page/ for document
productions/ but the City will not pay time charges associated with scanning/ and there shall be
no charges associated with the scanning and filing of court papers and correspondence. Every
effort shall be made to minimize scanning expenses by working with documents in electronic
format whenever possible.
I. Couriers and Overmeht Mail.
The City will reimburse for actual charges billed to Outside Counsel for deliveries (including
overnight express) that are necessary in the interest of speed and reliability. Outside Counsel
shall use the lowest cost service consistent with need and reliability/ and to arrange schedules/
whenever practicable/ to avoid the need for premium-priced couriers. Outside Counsel shall use
less expensive means/ such as email (encrypted/ when necessary) or regular mail where it is
practical to do so.
J. Tmvel Expenses.
All air and rail travel must be first approved by the Corporation Counsel/ ideally as part of the
case budget. Outside Counsel shall use good judgment in selecting hotels and restaurants and
incurring expenses for which the taxpayers are to be charged. Outside Counsel shall use
alternatives to travel such as conference calls or videoconferences whenever practicable. If the
travel involves another client/ the City may be billed only for its proportionate share of both
time and related expenses. Non-working travel time is not billaHe without the Corporation
CounseFs prior approval.
Page 11 of 17
K. Reimbursement of Meals for Overnight Travel.
The City will reimburse for meals consumed while traveling overnight on City business/ but
limited (absent prior approval) to no more than seventy dollars ($70) per person/ per day.
Under no circumstances will the City reimburse costs for alcohoUc beverages.
L. Maintenance of Expense Records.
To ensure compliance with the City's reimbursement policies/ Outside Counsel shall require
itemization of out-of-pocket expenses such as airline tickets/ meals and hotel bills before making
reimbursement to any attorney/ employee or third party/ and maintain original receipts. Travel
and meal expenses and receipts may be audited and shall be retained by Outside Counsel in
accordance with applicable IRS guidelines. Unless requested to do so by the City/ Outside
Counsel shall not forward copies of travel and meal expense receipts to the City with the firm's
invoices.
M. Personal Expenses Not Reimbursable.
Please take care to distinguish between personal expenses and properly chargeable business
expenses. The City will not reimburse for/ among other things/ recreation fees/ salon or spa
charges/ pay-per-view movies or other personal entertainment charges/ airline baggage charges/
travel agency expenses/ shoe shines, toiletries/ dry cleaning or laundry (except m the unlikely
event travel of more than seven days' duration is required)/ or luggage.
N. Vendor discounts must be passed through.
If Outside Counsel receives a discount or rebate from a vendor based on the aggregate level of
business with that vendor/ such discount shall be disclosed and the City shall receive the benefit
on a proportionate basis. This does not include frequent-flyer miles or similar perquisites
allocated to individual travelers.
IV. COMPLIANCE WITH AFFIRMATIVE ACTION PLAN
(a) If the Agreement exceeds $40/000.00, it shall be subject to the Affirmative
Action Amendments to the Law against Discrimination/ N.T.S.A. 10:5-31 et seq.
(b) This Agreement shall not become effective and Contractor shall provide
no services under this Agreement until it has executed the following documents:
1. A supplemental Affirmative Action Agreement pursuant to N.J.S.A. 10:5-31 et
seq. (for contracts which exceed $40/000.00). The Affirmative Action Agreement is attached
hereto as Exhibit "B" and is incorporated herein by reference.
Page 12 of 17
2. An Affirmative Action Employee Information Report (form AA-302) (for
contracts which exceed $40/000.00.
V. CITYOF TERSEY CITY LOBBYIST DISCLOSURE ORDINANCE
This contract was awarded in accordance with the provisions of the City's Disclosure of
Lobbyist Representative Status Ordinance §3-9.1 et seq. adopted on June 12, 2002. As such the
undersigned does hereby attest that Contractor either did not retain the services of a lobbyist to
lobby on behalf of the Contractor for the award of this contract/ or if a lobbyist was retained by
the Contractor for such purposes/ the Contractor's lobbyist/ prior to commencing hisA^er
lobbying activities/ filed a notice of lobbyist representative status form with the City Clerk. Any
Contractor whose lobbyist failed to comply with the provisions of Ordinance §3-9.1 et seq.,
following notice and an opportunity to be heard/ shaU be disqualified from entering into
contracts with the City for a period of two (2) years for each violation.
VI. CONFIDENTIALITY
In the course of representing the City/ Outside Counsel will frequently gain access to nonpublic
and confidential mformation. The City requires Outside Counsel to maintain the confidentiality
of such mformation both during and after the course of Outside Counsel's representation of the
City. Outside Counsel must have in place appropriate procedures to ensure the protection of all
such mformation. In the event the representation requires Outside Counsel to become privy to
protected personally-identiflable information about any person/ such as health or financial
records/ Social Security numbers or other such information/ then this mformation must be
handled with the utmost care both within facilities m Outside Counsel's control/ and certainly
when that information is being transported. Under no circumstances shall such confidential
information be transported outside Outside Counsel's offices—either physically or over the
public internet—unless the information is appropriately encrypted. In the event information is
compromised or potentially compromised/ Outside Counsel must notify the City immediately.
Outside Counsel must follow cdl statutory/ regulatory/ and ethical provisions relating to
privacy/ confidentiality and nondisclosure of all privileged/ proprietary and confidential
information. Outside Counsel must take appropriate measures to ensure that all legal and
nonlegal personnel are familiar with this requirement and are effectively supervised in this
regard.
Vendors to whom Outside Counsel gives access to confidential or proprietary material of the
City (including work product) must sign the confidentiality agreement attached as Appendix A.
It is the responsibility of Outside Counsel to obtain a signed confidentiality agreement from
each vendor and to retain those agreements.
Page 13 of 17
This Confidentiality Section/ and the corresponding Confidentiality Agreement attached as
Appendix A/ is above and beyond any relationships or privileges held or created separate and
apart from this Agreement.
VII. NEW TERSEY BUSINESS REGISTRATION REQUIREMENTS
Outside Counsel 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 shaU
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 (€.52:32-44 et al.) or subsection e. or 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 property provided under
a contract with a contracting agency.
VIII. CITY OF TERSEY CITY CONTRACTOR PAY-TO-PLAY REFORM ORDINANCE
The contract is awarded in accordance with the City of Jersey City's Contractor Pay-to-
Play Reform Ordinance 08-128 adopted on September 23,2008. The Contractor/ its subsidiaries/
assigns or principals have certified that they have neither made a reportable contribution in the
one year period preceding the date that the City Council awarded the contract that would be
deemed to be a violation of Ordinance 08-128, nor will Contractor/ its subsidiaries/ assigns or
principals make a reportable contribution during the term of the contract that would be in
violation of Ordinance 08-128.
IX. TERMINATION
The City reserves the right to terminate the within Agreement at any time for any reason
whatsoever/ in which event Outside Counsel shall be paid for services due up to the date of
termination. Thereafter/ this Agreement shall be considered null and void with no further
rights or obligations emanating there from. Unless sooner terminated or renewed/ this contract
Page 14 of 17
shall be for a term of one (1) year commencing on the date the contract is executed by City
officials.
X. GENERAL TERMS
A. Governins Law/Tuiisdiction.
This Agreement will be interpreted in accordance with/ and governed by/ the laws of the State of New
Jersey. The courts of the State of New Jersey will have exclusive jurisdiction and the parties irrevocably
attorney to the jurisdiction of such courts.
B. Counterparts Clause.
This Agreement may be executed by e-mail in counterparts all of which will be deemed originals and
legally binding once delivered to each of the other parties' authorized e-mail addresses and such
delivery is acknowledged by reply e-mail. Although not necessary to legally bind the parties/ each
party agrees to promptly circulate signed originals in sufficient number to the other parties for record-
keeping purposes after completing the e-mail execution and delivery. All counterparts when executed
and delivered (by e-mail or in paper form) will be construed together to be an original and wHl
constitute one and the same agreement.
By accepting an engagement by the City/ law firms will be deemed to have familiarized
themselves with this agreement and to have agreed to adhere to it in all respects/ now and as
they may be amended from time to time upon written notice and acceptance. This acceptance is
a matter both of contract and professional responsibility.
Attest: City of Jersey City
Robert Byme Brian PlattCity Clerk Business Administrator
WITNESS:
By: John R. Dineen
Netchert Dineen & Hillman/ Esqs.
Page 15 of 17
CONFIDENTIALITY AGREEMENT
(Subcontractor), as a contractor of Outside Counsel retained by the Cityof Jersey City (the "City") pursuant to an "Outside Counsel Agreement" dated
, hereby acknowledges and agrees as follows:
1. All documents and data, including but not limited to financial, statistical, personnel,customer and/or technical documents, owned or supplied by the City to the Subcontractor, shall
be treated as confidential (Documents and Data). The Subcontractor shall take all necessary and
reasonable precautions to ensure that the City's Documents and Data are safeguarded. Use of theDocuments and Data is strictly limited to that use necessary to complete the scope of work
agreed upon, which may include disclosure to employees, officers or agents of any subcontractorassisting with the scope of work. Any other use, and any sale or offering of the Documents and
Data in any form by the Subcontractor, or any individual or entity in the Subcontractor's charge
or employ, will be considered a violation of this Confidentiality Agreement and may result intermination of the agreement between Subcontractor and the law firm retained by the City, and
the Subcontractor's suspension or debarment from City contracting. In addition, such conduct
may be reported to the appropriate authorities for possible criminal prosecution.
2. Subcontractor shall be responsible to ensure that all agents and individuals or entities in
the Subcontractor's charge or employ adhere to this Confidentiality Agreement. A breach ofconfidentiality by any individual or entity in the Subcontractor's charge or employ will beconsidered a violation of this Confidentiality Agreement by the Subcontractor.
3. In the event that Subcontractor, its agent or any individual or entity in theSubcontractor's charge or employ receives a subpoena, demand, or other request for any of theCity's documents or data, Subcontractor shall promptly notify the City and shall not turn over
any of the City s documents or data.
4. The Subcontractor shall comply with all applicable City and Federal laws that require thenotification of individuals in the event of unauthorized release of personally-identifiable
information or other event requiring notification. In the event of a breach of any of the
Subcontractor's confidentiality obligations or other event requiring notification under applicablelaw ("Notification Event"), the Subcontractor agrees to assume responsibility for infonning all
such mdividuals in accordance with applicable law and to indemnify, hold hannless and defendthe City and its trustees, officers, and employees from and against any claims, damages, or other
harm related to such Notification Event.
5. Upon termination of this Confidentiality Agreement the Subcontractor shall retirn or
erase, destroy, and render unreadable all Subcontractor copies of City Documents and Data, both
physical and electronic, and certify in writing that these actions have been completed within 30days of the termination of this Confidentiality Agreement or within 14 days of the request of anagent of the City, whichever shall come first.
6. This Confidentiality Agreement shall survive the Subcontractor s termination of thecontract between the law firm retained by the City and Subcontractor or upon completion of the
Daring rt^jicrtenance of this <swaot, thecohti'aefo? agfees ss follows:-
Th^ eontfactor ^' ^nNftnt^^.^hei'e-Hl^Ufi^fe^.will.ftfttdisct'lrruhate .agamst iiny-employee- &rapplicant for employment because of ag6, mc^ creed, cofoi, nadonal ortgin, ancesfry, m^rN$tatu^.aif]fecttOtmlQi> s&ml ou^nfati&ny gender idenflfcy or expressbn, disa&illlyt nEttiiomIily oysos. Bxeopt wlt^ resp^cst to affectional or sexual orlenfalion an^ gender identity or expression^the Gontracior will ensure that equal ^mploymejife opportunity Is afiMed to such ap^ficants mre^tmejrif; and em^loyinen^ an4 A^t empioyees.ai'e treated <tujding employj'neat* wilhout r^gat'4to their ag&, i'aee, cEeed» c0lor, jiaUwal origin,. snwstry,,mai?NI status, affecEtQ^l or sexualorient^tioHi gertd&r identity or sxpr^E$ion, disability^- natFonalify or sex. Such equal e.mj^GymeneoppommUy shall hiclude, but not be iimW to the followmg: empl&yment, npgradhig, dsmotton,orlmosj^ ^cmtmisnt ori-ecryiUu^it adverttsirtg, layoff oi1 temiBmtlQn;, ^tes of pay or otherfoi?»ts of-cQmp^siEttions and seleptiou fortrainrng^ laohTding spprentip&ship' T^ epntfactor.
aottces to be provided by the Public AgeRGy Compliance OffEcer setting forth provisions ofihis.
Tke GQftfractor or sufacouttla6tor, whei;e applloab!^ mil, m alt SQlEoitations or adverEtsements foL-^nploywpJaead 'hy Or on behalf of the cQtt£fao£or» state.fhatatt quaHffced appJRca&fs wjll receiveooxisktotion for emptoymerit with.out regard iQ ag&^ rac6i creed, color, jiaEion^l ori^n^ ancestiy,
"maitifalstafiis*afiTeofioh^tor sexual orierifaiioia) ge.Rder !{(entiiy-&reicpF^sion,di^bllli^imtEarfty Or sex.
Th^fMyaotoir or subcontractor wiU send to. each iafeos umon, Wilth wNoh itlias ^ collectivebargaining sgresment, ^ note;, to be provided by ffa& ^gen^y oontmcting officer, ddvilslhg thelabm' Uaion o^£te contt^otoi^ coitunitmenfst under (his chapfef and shsH posfc copies of the noticem aonspxwus places available to empbyee$ and appJicants for emptoymont.
The oottteactor or subcontc^oto^ where ^ppHeab!e» age^es to comply with any regulationspitomyIgNed, l?y ftis Tyeasuiee pwsyant to NJ.S.A. l0;5-31 et seq.^ as amended arid
The cpntyactor or^co.x^ofoyagfees to maks good faith effotfe to meet targeted coutifyempl&yfWtgoab sshblishe^ in ^ceoNsnc^^itiiNJiA.C. 17;27"5,2.
.BXHtBIT A (CofUbwwiQ^
The contractor OF subcontractor agMe& to fftftfrm in writitig its Bppropriate recrRttnient agencies jtic^dmg, Nt rtotUtrtfted tQy ent&l&ymeiU ag^ticfcs, ptacemeitt bitreays, <ioHeg$^ ynEversities».3nd labor UIUORS, thRt it does fiotdfscriminate on the basis ofagQt tac^ crecd» extort nefEanat ori^m, ancestry, mafifai status» af&ctionftt or s&xiiatortetntaUontgendsFidsntJiyorsxpFession, (iisabittty, natIo^atiEyorseii, fitid tha&iEwiJt (fiseortthure the tise of anyrwetiitmonr agency vyhiph ?ngags^ in dtre^ w ip^itssfc (ttserimErtaEoty practises,
TfescontracfworsybQontr^wrag^^EQrQVfs&aRyoftfstesting.proceduPeStffne^^pei^ortnef tesrtt^ corifeEms milt the pritieiptes o'fjob-retatedlesEtng, as esfft&Ushed by Ih&dtetyio.s and eourtdecision&.oPtto-StateofN^VJcKoy mid 8$ es^bKs!?d by apptiGabfe Federal isw and ^ppticabfe PcdM^^d6cfs{on?t
rhwnfbrmtOg w|(h th? targeleH amptoyment ^oafs» Ite cotitracfor or ^bconlractor agrees to revi^r^EatErig to. f^Hsrer, tip^dtn^ downg^dtn^ slid layoff f.oonsut&lftat all stioli.^^e7E?^cFeed,.c&fo^riRUonRtOF(g{0»8rtc^tiy,,mBrttafst^expression, disabTHiyt im^ofiftltty or sw*60nsistent wtttuhesta^^^and applicable Fe^e^il few and app!l(?ii6fe Federal court decistonff,
Tire eontraelof $hsEt submit to (lie politic ttgen&y^ after noUHcatltin ofawerd but prior to, exeoutfon of a goods andservipes^otilra^i on&oftha folibwitig three dacsiiments:
L<^8fofF$<bra! AfRnmtwe Astton Plan Approval
GeriifieatoofBmpEoyga ttif^nti^tisn R^poit
Ernploycs^In?ohi(iia(fon Report FO?I AA302 (slsctronicaHy provide(i by the DEvisEon and distributed Co thspublte agency tlirough tHe DlvNon's wetKhs at \vww.sf(ite,ttLtls/ft'easyry/cyntracl cumpfianuef
TJ($ cQiitr^cior^tiiI Itssyb.c^ntractorssEiall fiirtush suelrrepOFtsw stftsFdffcuiMents to {h$ Division oPNrcliasa &Pfopsirty, .COAUt BSO Monitoring Prflgmmasmsy be reqtiestel by the oHI^ Ifom tEm? to fhtts it) Order to caityout tltepttEposes of these Te^uIaUians, and puE)Eic sgeftdies $hal! fanttslt sucit infonnation as Kiay &% rsqy&sted by th?Div^IbriofPtirehasQ & Property) CCAU* BEO Mom'Eorittg Pj'ogr&m for eoBditciiftg a (;oisi!|i!tEtnoe hiyesijga£!on~p.ureyantf^Sub^haptei^lpoftheMmiftilatfay^^^_—
?ioi^/Womaix BusijEW Eljtitexprise (MWBSS)Que?iana(re for Bidders.
Jersey City OrdiBm^ C-829 ^faNishes a ^Qal of awarding 20H of the dollar amoimt oftQtaloity-pyofi'urexti&nt to minority and woman owhed businsss ejtiterpnses.. . •
To assigns in mpmtorfn^ our acMevsmejat of this goa^ please indicate below wiiether your 'compa&y is or is no£ a xmjaorify owae^ ^ftd/or woman ownfSd business, and ^tum te foroi with:yourbMjproposM.' , • , _ __,\_ - .' ,, , -..-
Aft-fcait American? 9 pwspn }iavtng firigfns frt any offhs l>Iack ract^ groups ofAfrica
Hte^nic; a person Of Mexican, Pu$rfo Ricaft, Csntra.r Qr Sotith AmGrlcmtt or oth9r non-Bnnipesn Spaiitsh(syltttre <?r on'gtn regardl^s afraes.
islan: . ft^p&rs&a havJng origins m aayoftiie original peoples oflhs Far Ss&t, South Eas^ Asis, NEaAsabcEmb'nw^ Rav/aii or ^s Pa&IHfc Fshnds. • • • •
. American Xnaiah or AFasksn Nafc a'pfirson having origJRs in any oftha OFigmai peoples-ofl^orthAmsrtoa ftad who nronta^s.eultyrat idsnEig(iafton throu^i &tb2l affilt8tio)i~or cqmmutiltyjfficogt^Eon. .• -
Wflraan ^rfsfeessSttterpeJse . . , '*
Woman Business Enteiprisft meam & business which !s ^ sole proprietorship^ part»$rsNp or oorporaHoft at A 51%flfwhtpli is owdeil and cotifroU^i ^y a womBti oi? woiaen. . <
** ^
KXTOON 0^ CTlcaASXNG CO^Y
,3-23-04-; ' 1 : 42AM; METCHEHT. D I-MEEN H ('_ -i 2.0',
^9/23/04Taxpayer identification ^ : .
Dear Sustness Repres&ntative:
Consratulations? You are now registered with ths New Jersey Division of Revenue.
U,se ihe Taxpayer Identification Number fisted above on all correspondence with the Divtslonsof Revenue and TaKationi. as well as with the Department of Labor {if the business is subjectto, unemployment with holdings}. Your tax returns and payments wil( be Rled under this number.and you will be able to accesis information about your accourrt by referencing; it
Additionaily, please note thai State law requires all cpntractors and •sub.pontractors ^hh Publicagencies lo provide proof of tbe-fr regfstratfon with.the Ddyision o;f Revenue. The iaw also amendedSection 92 of the Casino Control Act, which deals with the casino service industry.
We have attached a Proof of Regtstratton Certificate for your use. To comply with the law, if you sirecurrently under contract or enteringjnto a cantradwith a Stat& agency,- yciu. must provide a cof>^of the certificate to the eonlracting agency.
The imd^jfgned is fi^lly aware that ifHi^ve 3Fmsrepre?eme4 In whpb'or .part this affiroaation and "-ceWfcato,.! mid/^ the bus^s entity, wiljl bs Jigble for any penalty pGmu^ed yj^d<5aw. „ ' •"
Subscrfbod and swoyribeJtoreme'?,y _,^yrof ApF3,X .2^) -( g .MyCommfsi?Km&x^es: '. • - . 'NQreen..McGeough'-/.-Xot^r^rPubIic
(Pjrfm im& & title of aiffiaajp (Gfirporate' Seai)
NOREEN McCSeoUGHNOTAiiY PUBLIC OF NSW JERS^UoiiimfSsiQn Expires 8/5/'20<y?^ .
^Pursuant to Section 2 ofQrdinancs 08-128, no coatribtttlons or solicitation ofconfribitHons made prior £o tlio effective date Qfdinsnpe 08-128' (Septemb^ 33» 2QOS)shall be deemed to b&a vi'oiafioa ofihe0jr<imanc&,
BUSINESS. BNTHT BISCLOSTOE CERTIFXCATXONFOR NQ?FArR.AND OPEN CQJSTOACTS
Kec[uired Pmsuiuit To NJ,S.A, l9;44A-20.8
CITYOP/mSEYCmPaitl —Vendot Afflfinaftoa-
The undei-sigtu^ betngavthorteecland fc&owledgeitMe of the circum&tances, does lici'Ciby ciKirdfy thaE: the <n<t»?vfhwmss
?^> -has not i'oiftde gud^yiU tiot tnaice ittty sepoeteble cof^.ub'tttiojis putsuatit to NJ.S.A. 19;44A~1 et sec|. that, putsuaat So
P.L. 2004, c. 19 woulet baf tli^ awatd of Ais coRa^ctiEitheon&yc^pefiodprcceditftgf^ff^ff^tf^jrWfl^^'r^p/m^/fff/^cMtsvct ^ ^gsfVsftnng ba{^] to afiyoftfae foUowui^nsmed eimcUdste.cotnmiste^ Joiofc caftdidates committee; otpoltticalpa£ty eonmiiiteej-e^s&HtJttg the elected o8San!s of the. <^we fffwf}^ vf^kctfd qgi{laff> as dcSttud ^Utsuiittt to -HJ.S.A,19;44A-3{p^<ci)aticKr5.Stevexi Mop fof Mayox 2017Lavafifo fot Couaeilmatt
Friends of Joyce ^?Patte(mau^tie&ds ofDam^JE Rivem%i41ey for Coyncil
Mita Pnn^-Atey fot CoitncilPTiendsofRictiatdJ&og'giano " .-.--.-—...•.
Michael Yun fot CouticiiESotomon fotCoimcxIjPxieads ofj^fmaitxe Robmisoa
Patt IX " Qwtieicship Diselo&ure GettiSca^os.
I X cecHfy that tke iist below coftfaicis the names and home addresses of all cyepfieb; Jioldbg iQ% of. more of the iBsuc;dan4 outstanding stock of the luidei-digned.
CIiecfc th.? bos: eliat )Eepre:seu€s the type Qfbysinsss entity;
The undefsigned being authorized to .certify;comrform.
ing anthonzed to .certity, iier5t5y oennies mat me smamission proyidea herein represeiipHancewith the provisions ofN.J.SA 19;44A"20,26 and as represented by the &istructions accompsnying this
.Signature . Printed Name
Jo'hn R. Dineen PartnerTitle
Part II - Contribufiort Disclosure
Disolosurs requirement; Pursimtto N.J.S.A. 19:44A-20.26'thls disclosure must mclude allreportablepolitical contributions (more than $300 per election cycle) over the 12 months prior to submission to thec&mmittees of the government entities listed on the form provided by th& local unit.
Q Check here if disclosure is provided ia electronic form,
Contributor Nams Rectptent Name Date Dollar Amount
D Check here if the information is coatinu^d on subsequent pdge(s)
City Clerk Fife No._Res- 18-514
Agenda No. ___ 10. Z. 16
Approved:___ MAY 2 3 2018
TITLE:
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW FIRM OF MURPHY ORLANDO LLC TOREPRESENT MAYOR STEVEN FULOP IN THE MATTER OF FERNANDES V. CITYOF JERSEY_CITY,^T AL,
WHEREAS, a complaint was filed September 22, 2016 in United States District Court underDocket No. 2:16-CV-00789-KM~JBC by Carlos Femandez and Jean Niemiller alleging that eventhough plaintiffs applied for and received a construction permit, the Building Department andHistoric Preservation Commission improperly issued a "Stop Work Order" to Plaintiffs; and
WHEREAS, Corporation Counsel determined that It was necessary to appoint special counsel to
represent Mayor Steven Fulop; and
WHEREAS, the law firm of Murphy Orlando, LLC is qualified to perform these services; and
WHEREAS, special counsel agreed to provide its services at an hourly rate of $150.00 per hour,
including expenses, for a total amoimt not to exceed $75,000; and
WHEREAS, these services qualify as professional services exempt from public bidding underthe Local Public Contracts Law, N.J.S.A, 40A: 11-1 etseg.; and
WHEREAS, in October 2017, the City of Jersey City (City) publicly advertised a Request forQualifications (RFQ) usmg the "fair and open process" as described under the Pay-to-Play Law;
and
WHEREAS, Murphy Orlando, LLC submitted a Qualification Statement in response to theCity's RFQ; and
WHEREAS, the City is awarding this contract under the Fair and Open provisions of the NewJersey Local Unit Pay-to-Play Law, NJ.S.A. 19:44A-20.4 et se^.; and
WHEREAS, Murphy Orlando, LLC has submitted its Certification of Compliance with theCity's Contractor Pay-to-PIay Reform. Ordinance 08-128 adopted on September 3, 2008;and
WHEREAS, a temporary encumbrance in the amount of $25,000 is available in Account No.18-01-201-23-210-312.
WHEREAS, Mmphy Orlando, LLC has an outstanding balance for 2017 in the amount of $20,730.00which will be paid by NC Voucher; and
WHEREAS, the resolution authorizing the award and the agreement itself must be available forpublic inspection.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of JerseyCity that:
1. The award of an agreement with the law firm of Murphy Orlando^ LLC to representMayor Steven Fulop in the Carlos Fernandez and Jean Niemiller litigation, is hereby ratified forone year effective September 1. 2017, for a total contract amount of $75,000, including
expenses;
2. The award of this contract shall be subject to the condition that the vendor providessatisfactory evidence of compliance with the Affirmative Action Amendments to the Law againstDiscrimination, NJ.S.A. 10:5-31 etseg,;
3. Subject to such modification as the Corporation Counsel deems appropriate or necessary,the Mayor or Business Administrator Is authorized to execute the professional services
agreement attached hereto;
Continuation of Resolution
City Clerk File No.
Agenda No.
TiTLE:
Res. 18-514P9.#
10.Z.16
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW OF MURPHY ORLANDO LLC TO REPRESENTMAYOR STEVEN FULOP IN THE MATTER OF EERNANDES V. CITY OF JERSEYCITY, ET AL.
4. A copy of this resolution will be published in a newspaper of general circulation in theCity of Jersey City as required by law withm (1 0) days of the adoption of the resolution;
5. Tliis agreement is awarded without competitive bidding as a professional services
agreement under the Local Public Contracts Law, N.J.SA. 40A:11-1 et seq.:
6. The Certification of Compliance with the City's Contractor Pay-to-Play RefomiOrdinance, attached hereto, shall be placed, on file with this Resolution; and
7. The City's Chief Financial Officer is authorized to prepare and process anNC voucher to
pay for the Professional Services provided during the City's 2017 fiscal year; and
8. Pursuant to NJ.A.C, 5:30-5.5(a), the continuatton of the agreement after the expenditure
of funds encumbered in 2018 fiscal year temporaiy budget shall be subject to the appropriationof sufficient funds m the 2018 fiscal year permanent budget.
ijr<~^_/v ^A , / A A/V-/V , Doima Mauer hereby certify that there are sufficient fundsav&lable in Account No.: 18-&1-201-23-210-312 for payment of this resolution. PO HO. \ 3CO
:xr04/19/2018
Donna Mauer, Chief Financial Officer
APPROVED:
APPROVED;Business Administrator
APPROVED_AS TO LEGAL FORM
Corporation Counsel
Certification Required t^
Not Required DAPPROVED
^-
COUNCILPERSONRIDLEY
PRiNZ-AREY
BOGG1ANO
AYE
../
/,/
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5. 23.18NAY N,V. COUNCILPERSON
ruN
SOLOMON
ROBINSON
AYE
~z_/,'
/
NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES.
AYE
T;~7~
~7^
NAY
^ Indicates Vote
N.V,
Adopted at a rn^J4^^ the Municipal Council of the City of Jersey City N.J.
Roland&n Lavarro, Jr., President of Counci
RESOLUTION FACT SHEET - CONTRACT AWARDThis 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.
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICES AGREEMENTWITH THE LAW FIRM OF MURPHY ORLANDO LLC TO REPRESENT MAYOR STEVENFULOP IN THE MATTER OF FERNANDES V. CITY_QF JERSEY CITY, ET AL,
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
Contract Purpose
A complaint was filled by Carlos Femandes and Jean Niemiller against City of Jersey City, Jersey City Officeof Construction Code Official, Jersey City Historic Preservation commission, Jersey City Police Department
and Mayor Steven Fulop. Due to a conflict of interest, it is necessary to hire outside counsel.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
Insurance Fund Commission. ($75,000)18-01-201-23-210-312
One Year
Type of award Fair/Open
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
/^^L-—^ ^f^//eSignature of Department Director
Outside Counsel Agreement
This Agreement dated the _ day of _, 2018 between the City of
Jersey City/ a municipal corporation/ with offices at 280 Grove Street/ Jersey City/ New Jersey
07302 ("City") and/ Murphy Orlando/ LLC/ 30 Montgomery Street/ Jersey City/ New Jersey
07302("Spedal Counsel"). The Corporation Counsel of the City of Jersey City has selected
Special Counsel to serve as Outside Counsel in connection with Commercial Litigation.
In consideration of the mutual promises and covenants set forth herein, the parties agree
as follows:
I. CONFLICTS OF INTEREST
A. Initial Conflicts Check.
Outside Counsel must be, sensitive both to direct conflicts of interest that representation of the
City and other clients poses/ and to the less direct/ but nevertheless serious/ conflicts that may
arise from the same firm's advocacy/ on behalf of other clients/ of positions conflicting with
important City interests. Prior to Outside Counsel's engagement/ Outside Counsel shall
carefully review whether any conflicts of either type exist and/ if so/ bring those conflicts to the
attention of the Corporation Counsel. The City shaU be promptly informed of and consulted
with respect to all potential conflicts. Although issue conflicts may not necessarily result m a
disqualification of Outside Counsel/ the City shall be consulted before Outside Counsel accepts
an engagement that will require the firm to advocate a position that may be adverse to a City
legal interest or otherwise prejudicial to the interests of the City. The City in its sole discretion
shall, after consultation with Outside Counsel/ determine whether an impermissible conflict
exists/ or whether other circumstances exist that would undermine the public's confidence if
representation by Outside Counsel continued.
Outside Counsel's acceptance of an engagement on a matter without written disclosure of any
conflicts constitutes Outside Counsel's representation that it has conducted an appropriate
conflict check and no conflict exists.
B. City Conflicts.
The City has a duty to protect the public interest. As part of this responsibility/ the City sets
policies to ensure that the legal system operates in a manner that safeguards the public s
confidence m the integrity and impartiality of its administration. For this reason/ in addition to
insisting that its attorneys follow the Rules of Professional Conduct/ the City prohibits Outside
Counsel that represent the City/ while such matter is pending/ from:
Page 1 of 17
(1) Representing private parties before the City or any of its boards/ proceedings/
commissions or autonomous agencies in adversarial/ transactional or non-adversarial
proceedings. Outside Counsel also may not/ on behalf of a private client/ lobby the City or any
City department.
(2) Representing private parties in any matter in which the City also is a party/ if the private
party has interests adverse to the City.
(3) Representing a private client with interests adverse to the City.
(4) Representing another client if that representation would present a substantial risk that
Outside Counsel's responsibilities to the City would limit its ability to provide independent
advice or diligent and competent representation either to the City or the other dient.
(5) Representing another client where the Outside Counsel's knowledge of the City's legal
positions or strategy/ derived from its representation or prospective representation of the City/
could be used to the advantage of the other client or the disadvantage of the City.
C. Continume OHieation.
The obligation to disclose conflicts continues throughout the course of the representation.
Outside Counsel must review conflicts of interest on an ongoing basis as new matters are
opened. Any new attomey/client relationships that potentially create a conflict shall be reported
to the Corporation Counsel immediately.
D. Attorney-CUent Privilege Group/No Representation of Other Persons/EntUies
Absent Approval.
Outside attorneys engaged to represent the City (as opposed to a named person) shall consider
themselves to have formed an attorney-client relationship only with the City, and not any of its
individual employees. When speaking with current or former employees of the City/ Outside
Counsel shall/ as appropriate/ advise those employees that although their dialogue will be
considered attorney-cUent communications to the fullest possible extent/ counsel's
responsibility is to the City and they do not represent those employees in their individual
capacities. As a matter proceeds/ if employees of the City will be examined under oath or
interviewed in other adverse contexts/ and if Outside Counsel believe it advisable for them to
represent the employees in their individual capacities at sud-i events/ Outside Counsel must
obtain the Corporation Counsel's advance consent before agreeing to represent such persons in
their individual capacities. The Corporation Counsel/ m consultation with other City personnel/
will determine if it is appropriate for the individual to receive representation and/ if so/ by
whom.
Page 2 of 17
Outside Counsel who are engaged to represent both an entity and employees of that entity
simultaneously shall take all necessary steps to ensure the continuing absence of conflicts/ and
to preserve their ability to continue representing the entity in the event that conflicts develop
between the entity and individual clients.
II. WORKING RELATIONSHIP
A. Identification of Objectives/Relationship Attorney.
The Corporation Counsel or his designee will be Outside Counsel s principal and regular point
of contact for financial and strategic decisions. Only the Corporation Counsel or his designee
has authority to direct Outside Counsel in the handling of the matter. If a City employee other
than the Corporation Counsel or his designee asks Outside Counsel to proceed in a certain
fashion or to perform certain activities with respect to a specific legal matter/ Outside Counsel
shall report the request to the Corporation Counsel and obtain direction prior to proceeding.
Outside counsel shall designate an Attorney to be the Corporation Counsel's principal contact.
In all matters/ the City remains ultimately responsible for making all substantive decisions and
determining the costs and benefits of contemplated legal activity. In many matters/ City
attorneys wiU act as full co-counsel and be engaged with Outside Counsel in the day-to-day
conduct of the case. In matters where Outside Counsel is handling that day-to-day conduct
without City personnel as co-counsel/ the City shall be consulted on a regular basis throughout
the course of Outside Counsel's engagement and to be kept fully informed of the current status
and proposed course of the matters assigned to Outside Counsel's firm. AU strategic/ tactical/
staffing (including any proposed staffing changes) and significant resource allocation decisions
about City legal matters must be made m collaboration with the Corporation Counsel.
B. Early Case Assessment/Cost Assessment.
Each complex matter is to be thoroughly evaluated at its outset. The same applies to actions in
which the City is the plaintiff/ except that the analysis will be performed before the case is filed.
In any matter/ Outside Counsel shall provide an early case assessment that includes analysis of
(1) likely costs to the City from the process/ (2) possible outcomes/ indicating the likelihood of
each/ and (3) strategy and tactics for termination or resolution. The format of the early case
assessment may vary from a formal written document to a verbal briefing or a combination of a
written budget with a verbal briefing on other aspects of the case.
Please note that time spent preparing a budget is not billable/ but counsel may bill for time
spent preparing an early case assessment or a recommended discovery plan.
The City places significant reliance on cost estimates and Outside Counsel shall prepare them
with care. Although the City understands that unanticipated events may have an impact on
Page 3 of 17
costs/ the City shall be consulted promptly if Outside Counsel believes that the most recent cost
estimate provided is no longer accurate. Should total fees or costs exceed the agreed budget/ or
should fees or costs for a phase of the case exceed the agreed estimate for that phase/ without
adequate explanation in advance that the increased expense wUl be necessary/ the City may
require that an increased discount be applied to unanticipated fees or costs and reserves the
right not to pay Outside Counsel for any amounts incurred or expended in excess of the
approved budget or estimate.
For bond matters and other transactional engagements/ counsel may be expected to provide a
fee cap for the transaction/ approved by the City/ prior to commencing work. Only where a
transaction materially changes in scope will the City consider revisions to an agreed fee cap. No
payments above the agreed fee cap shaU be made unless and until a revised fee cap has been
approved in writing by the Director of the City or his/her designee.
C. Staffing.
Unless otherwise agreed/ the senior attorney retained shall be directly and ultimately
responsible for the entire assignment. The day-to-day involvement of that senior attorney/
however/ shall be appropriate to the magnitude of the matter and the efficiency required for a
timely/ cost effective/ quality work product. When a senior attorney can handle an assignment
most efficiently (based on skill and experience)/ that senior attorney shaU complete the
assignment.
The City shall be billed for only one attorney to attend events such as depositions/ witness
meetings/ settlement conferences/ negotiations and meetings with other parties' counsel. The
City recognizes that in more complex matters and those with multiple work-streams, it may
occasionaUy be appropriate for multiple attorneys to attend significant events and for members
of the team to consult with each other. The City insists/ however/ that no more than the
minimum number of attorneys necessary to an event attend/ that billable internal conferences
and charges for drafting and reading internal email correspondence occur only when absolutely
required/ and that the Corporation Counsel be regularly informed both of the number of
attorneys who will attend significant events and the reason for the attendance of each billing
timekeeper.
The City beUeves that it is most efficient for a single attorney or group of attorneys to handle a
matter from beginning to end and Outside Counsel shaU strive for such continuity. The City
will not pay for learning time that may result from staffing changes at Outside Counsel's firm.
In addition/ the City will not reimburse Outside Counsel for any routine training or supervisory
time/ including time spent at seminars/ unless specifically approved in advance and included as
part of the budget. The City will not ordinarily pay for summer associate time unless such time
has been identified as part of the approved staffing plan for appropriate work. The City will not
pay for time submitted by librarians; secretaries; bilUng/ filing/ docketing or document clerks;
internal messengers/couriers; temporary or clerical support staff; word processors; and IT
Page 4 of 17
professionals other than electronic discovery specialists serving a function similar to that of
paralegals/case managers. The City also will not pay for time billed by attorneys or paralegals to
perform tasks (filing/ indexing/ etc.) that could and should have been handled by support
personnel.
D. Settlement.
Outside Counsel shaU have no settlement authority unless and until such authority is explicitly
conferred on them by the Corporation Counsel. If Outside Counsel beUeves that settlement
should be pursued/ Outside Counsel must seek instructions in this regard from the Corporation
Counsel/ and not pursue formal or informal settlement discussions without the Corporation
CounseFs approval. Outside Counsel shall immediately inform the Corporation Counsel of any
settlement proposal or overture/ formal or informal/ by the opposing party or counsel. Please
note that under no circumstances can the City agree to designate a settlement agreement as
confidential. AH City settlement records are, by definition, pubUc documents.
E. Media Relations/Law Firm Advertisine.
The City does not authorize outside counsel or vendors to comment publicly in any manner
on any aspect of the City's legal matters. All media inquiries relating to the City shall be
referred promptly to the Corporation Counsel and discussed with the Corporation Counsel
before responding to the media contact in any manner. This includes even no comment or
other non-substantive responses. If time is of the essence and Outside Counsel cannot reach the
Corporation Counsel/ the Press Secretary in the Office of the M.ayor shall be contacted.
The City does not permit Outside Counsel to advertise or promote their relationship with the
City/ other than by listing the City as a representative client.
F. Engagement of E-Discovery and Other Vendors, Including Experts.
Before engaging any vendor/ including electronic discovery firms and experts/ lobbyists or
other consultants (in each case/ a "vendor")/ Outside Counsel must pre-clear that engagement
with the Corporation Counsel/ unless the Corporation Counsel has explicitly granted exceptions
to tNs preclearance requirement. The City will not be responsible for vendor fees or costs unless
that vendor's engagement was pre-approved by the City. The City may require Outside
Counsel to engage vendors with which the City has master contracts or preferred pricing
arrangements/ and always will insist on engagement of the lowest-cost vendor qualified to
handle a task (understanding that complex tasks may require vendors with specialized
expertise).
Outside Counsel will pay all third-party service providers directly and will biU the City for
those services' detailed disbursements included in monthly invoices. This City wUl not accept
separate invoices from service providers directly to the City for payment
Page 5 of 17
Outside Counsel has the responsibility to ensure that there are no conSicts between any vendor
and the City. In addition/ all vendors must execute the confidentiality agreement attached as
Appendix A. The fee and disbursement policies as outlined in this Agreement shall be made
available to/ and followed by vendors. It is Outside Counsel's responsibility to confirm that all
third party bilUngs comply with this Agreement.
Vendor payment arrangements shall be discussed in advance with the Corporation Counsel. In
general/ Outside Counsel shall contract with vendors themselves and pay the third party
invoices directly/ incorporating those invoices into their own bills to the City and including
appropriate detail for reasonable review by City personnel. The City may request Outside
Counsel to provide full copies of vendor invoices; Outside Counsel therefore shall retain those
invoices in accordance with IRS guidelines. The Corporation Counsel may approve other
payment arrangements/ including (in rare cases) direct contracting with and payment by the
City.
When engaging court reporting services/ Outside Counsel shall request only one transcript
(electronic or hard copy). The City wiU not reimburse charges for additional transcripts.
G. Adherence to Ethical Standards.
The City conducts itself in accordance with the highest ethical standards and expects the same
of its Outside Counsel. No City employee ever has authority to instruct Outside Counsel to act
in an unethical manner. If Outside Counsel believes that a City employee has engaged or will
engage in iUegal or unethical activity/ Outside Counsel must immediately advise the
Corporation Counsel. The City will terminate its relationship with any Outside Counsel who/ in
the City's sole discretion/ fails to adhere to the foregoing ethical standards.
At all times/ Outside Counsel will remain aware of and in compliance with each of the City's
//Pay-to-Play'/ ordinances and any amendments thereto.
H. Gratuities.
City officers and employees are prohibited from accepting any gift/ favor/ service or other thing
of value related in any way to the City officer's or employee's public duties. In addition/ any
vendor to the City is prohibited from offering a gift or other thing of value to a City officer or
employee with which the vendor transacts business or offers to transact business. Any City
officer or employee is prohibited from soliciting a gift or thing of value from a City vendor. This
includes charitable donations made m the name of a City employee.
The City reserves the right to amend this Agreement from time to time/ providing written
notification to Outside Counsel within thirty (30) days of the effective date of any substantive
changes. Failure to accept amendments may result in the termination of services from. the City.
Page 6 of 17
I. Malpractice Insurance.
Outside Counsel representing the City shall maintain malpractice insurance coverage that is
reasonable and prudent in relation to the types and sizes of matters handled. Outside Counsel
shall/ upon request/ promptly provide the Corporation Counsel with copies of any applicable
policies required under this section/ and/or a certificate of insurance. Each policy provided must
be certified by the agent or underwriter to be a true copy. If Outside Counsel does not have
coverage or if coverage is cancelled and not immediately replaced with comparable coverage/
Outside Counsel must immediately report this to the Corporation Counsel.
J. File Retention.
For Litigated Matters: Outside Counsel shall retain pleadings/ correspondence/ discovery
materials/ deposition transcripts and similar documents and work product for a period of no
less than seven (7) years from the date the matter is concluded or for fhe time period specified
by rule or law in the jurisdiction in which the matter was pending/ whichever is longer. Beyond
this period/ Outside Counsel shall notify the City in writing no less than sbcty (60) days prior to
destroying any file. Along with the written notification/ Outside Counsel shall submit an
inventory of any original City documents contained m the file to be destroyed and a
representation that any electronic version of the file will also be destroyed or deleted.
For Bond and Other Transactions/ and Advice Matters: Documents shall be retained in
accordance with the same policies applicable to litigated matters unless applicable law
mandates any longer retention schedule. However/ bond counsel and transactional/advice
counsel shall retain all transcripts of transactions and memoranda of advice mdefinitely unless
otherwise directed by the Corporation Counsel.
HI. BiUim
A. Rates,
Outside Counsel shall be compensated at the rate of $150.00 per hour/ including expenses. The
total amount of this agreement shall not exceed $75/000.
The City will pay for actual services rendered at rates established in Requests for Qualifications
or otherwise agreed to in advance. At the time of Outside Counsel's initial engagement/ Outside
Counsel shall furnish the Corporation Counsel with a schedule of billing rates for partners/
associates and all other timekeepers expected to bill time against the matter for review and
approval prior to billing time to the City. Because of City procurement rules/ the rates
applicable at the inception of each specific matter must remain in effect for the duration of that
matter.
Page 7 of 17
Hourly rates shall include all overhead costs {see Acceptable Fees/Charges/ below)/ none of
which shall be included in disbursements.
Time must be billed in 0.1 hour increments and on a per-task basis. The time entry description
must be specific/ detailing the action taken and the subject matter. Absent prior consent/ the
City will not pay for more than ten (10) hours of time by a single timekeeper in a single day/ but
the Corporation Counsel may increase that number of permissible hours m matters of special
urgency or where cases are in or approaching trial.
Outside Counsel shall bear in mind that invoices may be disclosed pursuant to the City's open
records laws and that courts may not sustain assertions of privilege by the City. Although the
City will endeavor to redact privileged information before releasing bills for public
consumption/ Outside Counsel shall/ to the extent practicable and consistent with the need to
fuUy inform the City of its activities and to allow the City to evaluate the reasonableness of
billing narratives/ avoid the inclusion of privileged matter in invoices.
B. Invoicme Policy.
All invoices must be submitted to the Corporation Counsel.
For litigation/ advice/ and non-bond transactional matters/ Outside Counsel generally are
expected to submit monthly invoices within thirty days of the conclusion of the billing period/
absent the City's prior consent to a longer delay. AU charges must reflect the work performed
within the billing period or a reasonable time before the billing period. Absent good cause/ as
defined by the City/ the City will not pay for services or expenses incurred more than 90 days
prior to the date the invoice is submitted. For bond matters/ Outside Counsel are expected to
submit their invoice within tiurty days of the conclusion of the transaction.
Absent a specific agreement to an alternative fee arrangement/ Outside Counsel fees shall be
computed by applying the negotiated hourly rate to the time for the services expended. Hours
shown must accurately reflect the time spent on the described activity and must either be the
exact amount of time or the exact time rounded down to the nearest one-tenth of an hour. Block
billing—grouping multiple activities under a single time charge—will not be accepted/ and the
City will not pay for any time recorded in a block fashion unless this requirement is waived by
the Director of the City of Law or his or her designee.
Every bill from Outside Counsel is deemed to be a certification by the firm and bUltng partner
that all legal services and disbursements reflected on the bill are reasonable for the legal matter
involved and necessary for the proper provision of legal services to the City. The City may
deduct certain fees and charges that are inconsistent with this Agreement.
The City reserves the right to audit all fee and disbursement details that Outside Counsel
submit/ as weU as the correspondmg legal file. The City will promptly terminate the services of
Page 8 of 17
any Outside Counsel whose billing practices raise questions about the Outside Counsels
integrity/ honesty or compliance with the applicable rules of professional conduct or this
Agreement.
C. Invoice Format.
Each invoice will include the following minimum requirements;
®Allocated charges from a firm's blanket service agreements with outside vendors
H. Copying/s canning.
Copying charges may be billed to the City at the lesser of the most favorable rate applied by
Outside Counsel or five cents per page. The City will reimburse for document scanning at
Outside Counsel firm's regular rate/ up to a maximum of five cents per page/ for document
productions/ but the City will not pay time charges associated with scanning/ and there shall be
no charges associated with the scanning and filing of court papers and correspondence. Every
effort shall be made to minimize scanning expenses by working with documents in electronic
format whenever possible.
I. Couriers andLOverniaht Mail.
The City will reimburse for achial charges billed to Outside Counsel for deliveries (mcluding
overnight express) that are necessary in the interest of speed and reliability. Outside Counsel
shaU use the lowest cost service consistent with need and reliability/ and to arrange schedules/
whenever practicable/ to avoid the need for premium-priced couriers. Outside Counsel shall use
less expensive means/ such as email (encrypted/ when necessary) or regular mail where it is
practical to do so.
J. Travel Expenses.
All air and rail travel must be first approved by the Corporation Counsel/ ideally as part of the
case budget. Outside Counsel shall use good judgment in selecting hotels and restaurants and
incurring expenses for which the taxpayers are to be charged. Outside Counsel shall use
alternatives to travel such as conference calls or videoconferences whenever practicable. If the
travel involves another client/ the City may be billed only for its proportionate share of both
time and related expenses. Non-working travel time is not billable without the Corporation
CoimseFs prior approval.
K. Reimbursement of Meals for Overnieht Travel.
The City will reimburse for meals consumed while traveling overnight on City business/ but
limited (absent prior approval) to no more than seventy dollars ($70) per person/ per day.
Under no circumstances will the City reimburse costs for alcoholic beverages.
Page 11 of 17
L. IVtaintenance of Expense Records.
To ensure compliance with the City/s reimbursement policies/ Outside Counsel shall require
itemization of out-of-pocket expenses such as airline tickets/ meals and hotel bills before making
reimbursement to any attorney/ employee or third party/ and maintain original receipts. Travel
and meal expenses and receipts may be audited and shall be retained by Outside Counsel in
accordance with applicable IRS guidelines. Unless requested to do so by the City/ Outside
Counsel shall not forward copies of travel and meal expense receipts to the City with the firm's
invoices.
M. Personal Expenses Not ReJmbursable.
Please take care to distinguish between personal expenses and properly chargeable business
expenses. The City will not reimburse for/ among other things/ recreation fees/ salon or spa
charges/ pay-per-view movies or other personal entertainment charges/ airline baggage charges/
travel agency expenses/ shoe shines/ toiletries/ dry cleaning or laundry (except in the unlikely
event travel of more than seven days' duration is required)/ or luggage.
N. Vendor discounts must be passed through.
If Outside Counsel receives a discount or rebate from a vendor based on the aggregate level of
business with that vendor/ such discount shall be disclosed and the City shall receive the benefit
on a proportionate basis. This does not include frequent-flyer miles or similar perquisites
allocated to individual travelers.
IV. COMPLIANCE WITH AFFIRMATIVE ACTION PLAN
(a) If the Agreement exceeds $40/000.00, it shall be subject to the Affirmative
Action Amendments to the Law Against Discrimination/ N.T.S.A. 10:5-31 et seq.
(b) This Agreement shall not become effective and Contractor shall provide
no services under this Agreement until it has executed the following documents:
1. A supplemental Affirmative Action Agreement pursuant to N.T.S.A. 10:5-31 et
seq. (for contracts which exceed $40/000.00). The Affirmative Action Agreement is attached
hereto as Exhibit "B" and is incorporated herein by reference.
2. An Affirmative Action Employee Information Report (form AA-302) (for
contracts which exceed $40/000.00.
Page 12 of 17
V. CITY OF TERSEY CITY LOBBYIST DISCLOSURE ORDINANCE
This contract was awarded in accordance with the provisions of the City's Disclosure of
Lobbyist Representative Status Ordinance §3-9.1 et seq. adopted on June 12, 2002. As such the
undersigned does hereby attest that Contractor either did not retain the services of a lobbyist to
lobby on behalf of the Contractor for the award of this contract/ or if a lobbyist was retained by
the Contractor for such purposes/ the Contractor's lobbyist/ prior to commencmg hisA^er
lobbying activities/ filed a notice of lobbyist representative status form with the City Clerk. Any
Contractor whose lobbyist failed to comply with the provisions of Ordinance ^3-9.1 et secf.,
following notice and an opportunity to be heard/ shall be disqualified from entering into
contracts with the City for a period of two (2) years for each violation.
VI. CONFIDENTIALITY
In the course of representing the City/ Outside Counsel will frequently gain access to nonpublic
and confidential information. The City requires Outside Counsel to maintain the confidentiality
of such information both during and after the course of Outside Counsel's representation of the
City. Outside Counsel must have in place appropriate procedures to ensure the protection of all
such information. In the event the representation requires Outside Counsel to become privy to
protected personally-identifiable mformation about any person/ such as health or financial
records/ Social Security numbers or other such information/ then this mformation must be
handled with the utmost care both within facilities in Outside CounseFs control/ and certainly
when that information is being transported. Under no circumstances shall such confidential
information be transported outside Counsel's offices—either physically or over the public
internet-unless the mformation is appropriately encrypted. In the event information is
compromised or potentially compronused/ Outside Counsel must notify the City immediately.
Outside Counsel must follow all statutory/ regulatory/ and ethical provisions relating to
privacy/ confidentiality and nondisclosure of all privileged/ proprietary and confidential
information. Outside Counsel must take appropriate measures to ensure that all legal and
nonlegal personnel are famiUar with this requirement and are effectively supervised in this
regard.
Vendors to whom Outside Counsel gives access to confidential or proprietary material of the
City (including work product) must sign the confidentiality agreement attached as Appendix A.
It is the responsibility of Outside Counsel to obtain a signed confidentiality agreement from
each vendor and to retain those agreements.
This Confidentiality Section/ and the corresponding Confidentiality Agreement attached as
Appendix A/ is above and beyond any relationships or privileges held or created separate and
apart from this Agreement.
Page 13 of 17
VII. NEW TERSEV BUSINESS REGISTRATION REQUIREMENTS
Outside Counsel 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 [NJ.S.A. 52:32-44(g)(3)J 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 al.) or subsection e. or 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.
VIII. CITY OF TERSEY CITY CONTRACTOR PAY-TO-PLAV REFORM ORDINANCE
The contract is awarded in accordance with the City of Jersey City's Contractor Pay-to-
Play Reform Ordinance 08-128 adopted on September 23,2008. The Contractor/ its subsidiaries/
assigns or principals have certified that they have neither made a reportable contribution in the
one year period preceding the date that the City Council awarded the contract that would be
deemed to be a violation of Ordinance 08-128, nor will Contractor/ its subsidiaries/ assigns or
principals make a reportable contribution during the term of the contract that would be in
violation of Ordinance 08-128.
IX. TERMINATION
The City reserves the right to terminate the within Agreement at any time for any reason
whatsoever/ in which event Outside Counsel shall be paid for services due up to the date of
termination. Thereafter/ this Agreement shall be considered null and void with no further
rights or obligations emanating there from. Unless sooner terminated or renewed/ this contract
shall be for a term of one (1) year commencing on the date the contract is executed by City
officials.
Page 14 of 17
X. GENERAL TERMS
A. Governing Law/Turis diction.
This Agreement will be interpreted in accordance with/ and governed by/ the laws of the State of New
Jersey. The courts of the State of New Jersey wUl have exclusive jurisdiction and the parties irrevocably
attorney to the jurisdiction of such courts.
B. Cotuiteiparts Clause.
This Agreement may be executed by e-mail in counterparts all of which wiU be deemed originals and
legally binding once delivered to each of the other parties/ authorized e-mail addresses and such
delivery is acknowledged by reply e-mail. Although not necessary to legally bind the parties/ each
party agrees to promptly circulate signed originals in sufficient number to the other parties for record-
keeping purposes after completing the e-mail execution and delivery. All counterparts when executed
and delivered (by e-mail or in paper form) will be construed together to be an original and will
constitute one and the same agreement.
By accepting an engagement by the City/ law firms will be deemed to have familiarized
themselves with this agreement and to have agreed to adhere to it in all respects/ now and as
they may be amended from time to time upon written notice and acceptance. This acceptance is
a matter both of contract and professional responsibility.
Attest: City of Jersey City
Robert Byrne Brian Platt
City Clerk Business Administrator
WITNESS: Murphy Orlando/ LLC
By:Firm:
Page 15 of 17
CONFIDENTIALITY AGREEMENT
(Subcontractor), as a contractor of Outside Counsel retained by the Cityof Jersey City (the City") pursuant to an "Outside Counsel Agreement dated
_, hereby acknowledges and agrees as follows:
1. All documents and data, including but not limited to financial, statistical, personnel,customer and/or technical documents, owned or supplied by the City to the Subcontractor, shallbe treated as confidential (Documents and Data). The Subcontractor shall take all necessary and
reasonable precautions to ensure that the City's Documents and Data are safeguarded. Use of theDocuments and Data is strictly limited to that use necessary to complete the scope of work
agreed upon, which may include disclosure to employees, officers or agents of any subcontractor
assisting with the scope of work. Any other use, and any sale or offering of the Documents andData in any form by the Subcontractor, or any individual or entity in the Subcontractor's charge
or employ, will be considered a violation of this Confidentiality Agreement and may result intermination of the agreement between Subcontractor and the law firm retained by the City, andthe Subcontractor's suspension or debarment from City contracting. In addition, such conduct
may be reported to the appropriate authorities for possible criminal prosecution.
2. Subcontractor shall be responsible to ensure that all agents and individuals or entities inthe Subcontractor's charge or employ adhere to this Confidentiality Agreement. A breach of
confidentiality by any individual or entity in the Subcontractor's charge or employ will beconsidered a violation of this Confidentiality Agreement by the Subcontractor.
3, In the event that Subcontractor, its agent or any individual or entity m the
Subcontractor's charge or employ receives a subpoena, demand, or other request for any of theCity's documents or data, Subcontractor shall promptly notify the City and shall not turn over
any of the City's documents or data.
4. The Subcontractor shall comply with all applicable City and Federal laws that require thenotification of individuals in the event of unauthorized release of personally-identifiable
information or other event requiring notification. In the event of a breach of any of theSubcontractor's confidentiality obligations or other event requiring notification under applicable
law ("Notification Event"), the Subcontractor agrees to assume responsibility for informing all
such individuals in accordance with applicable law and to indemnify, hold harmless and defendthe City and its trustees, officers, and employees from and against any claims, damages, or otherharm related to such Notification Event.
5. Upon termination of this Confidentiality Agreement the Subcontractor shall return or
erase, destroy, and render unreadable all Subcontractor copies of City Documents and Data, bothphysical and electronic, and certify in writing that these actions have been completed within 30
days of the termination of this Confidentiality Agreement or within 14 days of the request of anagent of the City, whichever shall come first.
6. This Confidentiality Agreement shall survive the Subcontractor's termination of the
contract between the law firm retained by the City and Subcontractor or upon completion of the
scope of work related to the City.
Subcontractor/Firm:
By:
Title:
Date:
Taxpayer IdOTtlRcaiioFt^ ffi
Dear Bualnenn Repittasnffttlw;
Canaratutalinncl You are ftpw regl&tsrsd wllh the N<tv/ J^raey Kvtslcn n?Rsvenuo,
U»tt th? Taxpbyor IdstitlfisatEon Number llst^ ybpve on ail cw^pondonGs wllb tH& DMatonBst Rdvenua and Toxntlani BS wall sa with Uie D^arlnienl of f-aborUflba builneaa t? subjoolto un&mplowiont wltiiho(dlnBB)> Your lut returnB find paymtBte wilt be tlieti under ihls numtt?r.Bnct you wtli &8 flyc to a(!(»a& InfBnnalton alrout your accoynt by refgroncfne II.
AdriHiona!!^, plftsea ntit& thai Slstn law raqufrea stt ctyttraiitoEa an^ sytiamtraelare ^Hh f^ifeSteBflonclaa to pfovida prbQr of their niBtOtrottan wfth the DMalimcfRsvenuB, The law aHw amandaitBocllon BE oT Iha Cafilno Conlrol Act, which deals with Ihe ofl&lno s^rvicy fnduetTy.
Wft havs etttelfstt a Proorof Reglatrafian Certfltaw for yw uas. To camply with tiio law, Ifyou areCLimntiy undar contract or entarinfi fRta a conlraot with a 9i@la agandy, you muBt pFWitfft a wpyoflho carUflcMtp to the contmoting aoency.
If you ftaw any qusBttons ec reqMlre more Infonnaltoft, reel free to cull aor Reflfetrstton tietllns at(eOB)29S-1730,
I wlah ygu continuatf yu.cKUB tn your (aualnnsfi endeEWB.
aincBPSI?."™ " ' —-...*-...
: .^y?-^?';'
TA^Sgg^AME!MURPttV-OSLANDOU-C
ADDRESS;fl7?W STATE -TRBNTOMN^SFFECTIVE I
jemcB J. FraiBolanBDJrectcrNew iltinfliy Olvfslcm of RBvanue
GOODS, PROFESSIONAL SERVICE ANJE) GENERAL SEBVICE CONTRACTS
During the pcyfornmce of this contract, the contiaotor agrfiBs as follows:
the CQntraoUu' w snlicontetot, where appllcEible, will not discriminate agamst any employee orEtpplicaut for employment because of age, race, cree<(, ooloi\ national origin, ancesfay, maritaistatuSt af&otioml or sexual orientaflon> gender identity or oxpression, dis^biltty, imti6nallty orssx. Except with respscfc to affeotional or sexual oyi6iitation and gendei1 identity or expression,the oonttactof will ensure that equal employment opportunity is afforded to such applicants inrecfuithient and employment, M that employees WQ treated dudng employmont, wltlioufc regardto th&ir age, tftce> oreed> color, national origi^ anceslry,,maritfil stgtus, affeotional or sexualorienteiion, gender idenUly oif expression, disability, nationality or sex, Such equal employmentQppbrhmUyshall melude, but ?iot be limited to tlie following: employment, upgi'ading, demotion,or tx'assfer; i'eoruitmeht or recrmtment advertising^ layoff or terminstion; i'ates of pay dy otlieitforms ofcompensation> and selection for training^ including apprenfic^slnp. The contractoragrees to post in conspicuous places, ayEtileibte to employees and applicants for employment,notices to. be provided by t\\e PQbHc Agency Compliance Officer setting farth provisioiis of thisnohdlscjrimination clause.
Tli9 confraptor or subconti-act:or> where applicable will, m alt solicitations or advertisements foremployees placed by or on behalf oftlie conftactoi\ state Ihat all qualified app!icant$ will feceivecansHemEion for employmsnf without regaird to age, race, oi'eed, color, nadonal origin, sncestry,rnarM status, affectlonai or sexual orientation, gender ittQritity or expression, di$aNlity,nationality or sex.
The conU'aotor or subconlL'aotor wit! send to each labor unioxi, wUIi ^yhiohit Itas a collectivebEii'gfiinlng agreement, a notice* to be provided by the agency conffAOting officer, sdvNrtglholabor union of fee contractor1? cwmnitments under this chapter and shall post copies ofthe,riotlc&in conspicuous places available to employees mid applicants for employment.
The contractor or sybcoatractbi?, whei-e applicable, agrees fo comply witii any regulationspyoniitilgaied by theTteasm'er pursuant to N.J.S.A. 10;5;31 et seq., as (imeaded andsupplemented fi'om time to tiine and tlie Aineriio9tis with Disftbitities Act.
Thsi conteactoi- or suboontL'SiOtor agtses to make good faith cfforls to meet targeted countyemploymeirigoals establishsd in acoocdaiioe wltii NJ.A.C. I7;27"5,2:.
EXHIBIT A (Cof)linw(wti)
The contractor or sttbcon tractor agrees to inFonn in writing its appropriatG rccniiiment ageitcies iuclndhig, but notlimited to, Ctiiptoymcnt agencies, placement bureaus, coiiegesi universities, and litbor unions, that it docs notctisci'imhmte ati the basis ofagCt race> creed, color, liatioiial origm, ancestry, innritfll status, afl'ectEonal or sexualorfcillillioHt gentler identity or expression, disabilHy, nationality <»r sex, nnd that it \vifl disconthmc tlie use ofEinyrecruitftient agoncy wtiicti cngngcs in (iircct or mdirccE dtscriminBtoi-y practices,
Ths contractor or subcontractor agre&s to rovise any of its losthig procedures, ifnecflssary, to assure ihat ailpersonnel testing conforms widi (t»e principles ofjob-reloleri testfng) as establisltcd by tfic statutes and courtdecisions of the State of New Jersey and as establlsheri by appticnbla Federal law and applicable Federal courtdticisiotis.
IH conforming wilh tlie (srgcled employment goals, the uontrdytor or stibwntractor ayrees to review fill proceduresrelating to trao&rer» upgmlhtgt downgrfiding and liiyoffto onsure itittt dll such itcdons are fakcn wittiout regard toage» mce, creed, color, niitionnl origfn, ancesfry, inariffii slfttus, aft'cctional orsexuat orlcni[ition» gcndsr identity orexpression, dissbifilyi natio»(iHty or sex, consistent with the stfltnlcs and court decisions ofthe Slflts ofNew Jersey,and applicfible Federal las'/and nppltcflble Federal court decfsions.
Tlic CQiitrnctor shall submit to the pubHc Bgcncy, aftsr notification ofaward bul priortotiMcutioitofagoocisandservices conlract, one of the following Ihroc docitnicnls:
Letter of literal Affirmative Action Plan Approvftl
Certificato ofEiitployec InfbrniaMon Import
Employee Information Report Ponn AA3Q2 (elcctronicn)iy provided by (lie Division tmd distributed to Ihepublic agency through the Division's wcbsitc at svww.stnie.ni.us/trcasnrv/contrftet cunipl'mnce
TJtc conlractor and !ts subcontractors siiall (lirnish such repotfs or oliier tloeuments to (lie Division ofPitt'cliase &Property, CCAU. EEO Monitoring Progrom as may bo requ&sied by the offlcs froin time to time in order to coiryout the purposes oftlicse regulations, and public agcitcics shall funiish such infonufilion os may be rcquesteti by theDivision of Ptircliaso & Property, CCAU, EEO Monitofing Progrnm for conducting fi comptiance investigationpnriiimntlo Sulichaptcr 10 of the Admttiistrafive Code at N.J.A.C, Hi%7.
Tiia undefslgrnd vcnilor furlhEr agrcw to fifrnfsli the reqnlrtit (Tonns ofcyidencc nnd
understnnds tlim ificir cDnlrdcl/compnny's bltl^H be rejected us non-rcyyinrivc [fsnitl conlnt<(orM(s to comply with Kic rcqutrcmciitsofN,J.S.A, 1015.31 (|HtIN,J.A.C\ 17;Z7," //
1'.' You should complete 4 .blan}? Vendot; AcUviiy Summary .' Reports with yoyK'AA"?03r Employee Information Report
Henewal Application paskage. These 4 reports are to' be'. edmpleted. foe new hires, promotions, ferans^rs in4torminafcions that fcaoii plac6 between the. time • ^ouK0ceiv<ad- your Ce.^feifioate of" Smployee £n£orma£ionReport (hereafter referred to as "certifieate"} and thedate of your Renewal application.
2, , The Vendor Activity Smnmax-y Re^oxts isiiusfc be cotttplefcedto show you;i: ' firm's .'total peyaonnei actions for theprevicmo Certificate period. For example/.. i£ your fimrenews -its Gerfcificate every ^3 y^ars,, one o^ thereports should indic'dfcs the- fcota^, numbei?. of people
•' ht.Ked cturing the - entire'S-ryeai; period .during which you * ' . 4held fche, Certificate, 2lnofchei: arepdyfe stiould indicst^the' fcota.1 .nutttbsi: of people te£igxnafe6d during that 3" • -'year p^i&d. T}ie fchixci report .'should J,tidlcafce fcho^total ; .nmnb6r of people fcransferxsd during that 3"year periodand tAe final repoxt: should indicate the total .numhex-of jpe^le pro^iot.ed during that S-^ear period. Pleaisenote^ . there is no need to ;cet-^tateJ the Informatiorigrovidejd on'the AA~302 £oa:nY. . . s
TJtooojtf?otorno(ttf)&^^_of__,_,(Ii?roflfiorffovvneFl))(Iofiei'6byflgf(»(IiAtt[io. provtslons of'HtIo 11 of ai& Amotoui WIil) Dfs&biHtIos Aot of IPPO (tlio "Aot") (42 ^W S12S 01 ot
soq>), wjilch t>rohlt)ttfi ciisoyJmhintlon oil ti? bftsJs ofdfsftbUUy bypnt>j)o onfilt&fi in ftH fi&rvl&os, pi'ofiwm?,find AoHvItio.t provtded Qf ftmdo wnlftittjlo by tt«l>Hcf yntltlos, niitr tfio rttfcy find r<?gu!titloji$ pmwtgntetlpuisunnt then) i»lto, nt'o inntlo ft pmtoftfifs couW. I)i yrovlithi^ftny nfd, Sionsfitf of syrvjoo 011 liotolfoftlioowner piiro«flit(;to (hi? conUacEtUit><KSjt{rncforn^'flQstliAtiEioi)eilforMft«to^tfttlb&t«sM?tco}np)lfltic<)the AoL Jii tfie 6v%it (lyfc'tlio cotitj'ftotor, Its figonfs, sorv/ititg, cn^I&yMs, o^ sntiiionfTftotQrs vio)(t^ or flroflHog<)d'tA!iwovMate<ltlieA6tdi»rJngtt|6porjrQnio?in<^oftliIyTOntrfiot,)It&conttft&t&)L'shfiltd,efoud(hoio^^in8^yaoiIo»0)'fldmti»lsf?flvoj)yoMwlliigooniiHon()C{[i)»raun8t;<o(hfeAet>TtieoontffiOproK)(it> ai'td swo Iifi^iEoss lliLO owiior, Its afirfntd, soi'yantBj^ oiut onyloyoos frnm mitf flflalnst ftiiy noft fitt suite/oNw?, tosfi<Mr» (fctilflfitly, of ((fimng^ ofv/h^iww ynd ornBior^^rfsIiifioutof-oroJidinod to nrtfl^butofttiAaHofititf vfolntion. 'llifi oonffftotor shall, at Ite flwih wi>ous(t, ap£icflti doftnd, And pny (itiy'Eind ftll'oitinl'go^.fcr
•lo^lsofvio<>&flndQuynu<toEtoosf6Utdollicco)itmns^?^sftigfr6mswfiG^or Tiiourted i»t'<fonne&tion lhorowlt!i, ?n nny fMid All ooittj^lnts brou&Iit i)UF6«anito tli? owier^s Brlc-vftnogyrowthiro, the coftdHQtor fi^wes to abirio by fliiy dfeoision oftho ow*t6r wlilol) is r&ndpred ptlrsUMt to.fiftidgffovtUtGo pi?or(»(tiir6< If(t?iy actHoifor'ft(lmI»fsfi-(itEv& )>rooofi<Iii)g Ristitfs Jo mi&wtrd ofdtunn$6a aefttnst thoomw» oy if1)>o owner iuoui's wvy o^wise <o oi)? a vfolatian oftJio ADA wlHoh Iiits ttiwu brought pniaofiutfo it^ ^JOVAIIOO t>roeo<turo^ ttio <fou(ractyt> shdlt satlsj^ fljid ((tsolinrgo Uie finnip flt Ks own exp&ns&<
Tho owiwslmiff as soon fis pifiotioabloAf^ra otfllm has Iwon nmtipflgftfiiEt ^ giv6 switton nottco.tli0]?ofto<l? contmotor filong wlttt flilf M^ wwyl^ [w^oniws of ths (ilnhn, If'nny ootlbrt or ndmNfift'fitlveproocecKn? is brouelit ftgAhist tfie own&r or nuy piF its a^ni^ een/fljits, an(l'oinpIoy6S9, tlto (?lf?/er sWwp'ctKttoitsly fbrwflfd or Imv^ forwdnlod <o tho contrticfor eveiy <fcnian((> (iojiipt<t]ii^ iftott<?* stiimnon^pleading or otttoi* prooos$ )'ecielve<? by Hte ownor or tte reprpseittodveR. • '
If h expm'isi^ agroed (I'nd' mul^rtlood tJ^t'fliiy fipprowl by (lie owACt' o'ftlio s&fric^ prcrviried by theconhwtoi'pwsiinnt to thts wnttftot'wltt iiot wHo.vo-Jho pontrnotoi* ftfjti^obltgfltlou to wm^mid to <W\^ totiuiFfy> profodtt fliid SAVU !iAH)ifos?.ttu> owti6r-piiKHtiitt-to tiiin pRtflfiwpJtv,
It fe AtrtIiei'Agi'dKi fiti(i undersfoott flmCtiip owicr fissiimos no oblipftt^on to Iii<loitin!^f or Sftvo hatljntfrEf5t1i&<?onH'flOtoitl.» its ngtmts, s6rvont5, ^ftplciyees nnd subconlrflotoiS for my otflhn v/hi'olnnny fli'iae oui oftlieli1yenftuwmico (rfthb Agi'eomont, iFdtlhonnoro, the contTftotoy grossly nudorfitflnds flmt ofineoKthatt^^ovJsioN? ofthls iii<to?oUoii otniisos^ll fnnow^ Kntjllh&oonlrft^Agrwm&nti ncr shnll thoy.b^ consfnKMi to roH&vo (lift (sonKdotorfl-om uiyJN)!!!^ nor pneolmlo tho oww(x'omtftIthiga»yotltcrfto£lof»suvftlt[ibI<ifoihii^''ftnyothorprovIsfo)isofthoAgt1Min9iitoilotllorwt60fttlftv/.
The imders.ignod is fully aware (hftt ifl'liftye misrepreseuted in whole •or part Otis RjBfinoaation and '•ceJt'tification^ I (gCcVojr H\e b^ipeSs entity, wiy be liabl? for aiiyyenal'typcnuilt&d underlaw, . •'
. . . "!*yursu{»nttoSection2ofOrdinancc08-128,noconfTibutionsorsoHoitationof•contribvtions made prior to the effective date Onh'nanpe 08-128 (September 23,2008)shall be deemed to be a vioiation of tile Ordinance,
BUSINESS ENTITY DISCLOSURE CERTIFICATIONFOR NON-FATR AND OPRN CONTACT'S
Requked PursuaiitTo N.J.S.A. 19;44A-20.8
CITY OF JERSEY CITYPart I "Vendor Affirmation
The undersigned, being iuithodzed and knowledgeabJe af die cu-cumstitnces, does Licrcby certify tlist fctie </wwe efhnsinw
(?////7/> lias not niflde and will not make ftuy l-'eporrable coniubudons pursutinl to N.J.S.A, I9:44A-1 ct scq. that, pmsuatil toTiL. 200;1, c, 19 would bar the award of this conti.'actin (he one year period prccc-dtng fr/fl/fi ofwwmhfhefhikdfof'Rppwwloffht
(whwl hy ihsgowwn^ bo(jy) to imy of die following named cfindictiite coinmitteCi Joii)t caucliclitlcs rommil.tce; OJL' poLidcal
ptifiy comnuttec repjfesentitig tlie elected officials of flie </w///(? ofwffty o/ 'tkcfed o^na/f> us dufuicd pnrsuntit to MJ.S.A.
•19!44A-3(p),(q)aml(4_Steven Futop for Mayoc 2017Lavai'i'o for Couticilinati
Friends of Joyce \Vattei;man ___Friends of Daniel RiveraRidley for Council
M.ha. Prinz'-Arey for Council
Friends ofRiclifitd BoggmnoMichael Ynn for CouncilSolomon fot Coimcxt
Pat'Lin_Sienatui:e and AtEestation;The undetsignecl is fully awafg^hat ifl have^riis^pi'esented mwliole or patt fclus affirmatian nud cerLifiCTtioiit Iiind/ojr die business endty,j^U be liflbl^^t n^i^>enfilty pcji'n-uttc<t uodci: lnw.
Pouted Name of Af6^t; •^Tn ^ r\ ^.WA O^n _ Datc:__yJi^Jj^.T
Sitbscribed and ti\<rorn before me this \<^'\liiy of^o^\ .2G\<</
(Wimesscd or nttested by)
My Commisrion ^IM^o^^WWHWSEl[•^Goimtetoti Explrgg 11/1/2021 (Seal)
Required Pursuant TQ NJ.S.A. I9:44A-20.26
Tills form or its permitted facsimile must be s.ubmitted to the local unifnQlaterthaittIOdaysyriortoth&^vardoftheiEon^ct
Paxt I - Vendor Information
'Vendor?ne:- J fttl^0.^ Or\eiL^tAddress^ 1B '^^(.^.^ ^^Cityi I ^f^^ ^t^A - f j siaiAddress^ 1B -^^^^.^ ;5R^ U^ Ho^Gtyi I <T^^ ^'t^A — f | State:f ^T- E Zip:Zip: 0^0^
Th& undersigned being authorized to certifyi hereby certifies that the submission provided herein representscompliance j^th the provig^ins ofNJ.S.A. l9:44A-20426 and as represented by fhe ihstmctions accompenying thisfonn.
5'fgnatire^SfrA ^
Printed Name Title
Part II-GontrifoutSon Disclosure
^Disclosure .requirement: PursuanS to NJ.SA. 19:44A-20.26-this disclosure must incilude all reportablep&littcal Gontdbutions (more than $300 p6r .election cycle) oyer fiie 12 months prior to submission to thec.oxmmitees of die government entities listed on the fomi provided by the local unit.
D Check here-if disclosure: is -provided m electronic &rm,
Contributor Name Rectpf^nt Nanrte Date DpHeir Amount
Q Check h^re if the in6>pna1ion is continued on subsequent pag€(s)
City Clerk File No.
Agenda No.
Approved:
TITLE:
Res. 18-515
10.Z.17
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW OF FIRM OF BRACH EXCHLER, LLC TOREPRESENT KIP SMITH, SHELLA LANE AND GERRARDO COPPOLA IN THEMATTER OF TERRI REYNOLDS AND LQRRAINE OLIVER V. CITY OF JERSEYCITY^TAL.
WHEREAS, a complamt was filed on February 1,2018 in United States District Comt underDocket No. 2:18-CV-01418"JMV-JBC by Terri Reynolds and Lorrame Oliver allegingdiscrunination in violation of the Law against Discrimmation (LAD), hostile work environmentand retaliation in violation of LAD; and
WHEREAS, Corporation Counsel determined that it was necessary to appoint special counsel to
represent Kip Smith, Shella Lane and Gerrardo Coppola; and
WHEREAS, the law firm ofBrach Eichler, LLC is qualified to perform these services; and
WHEREAS, special counsel agreed to provide its services at an hourly rate of $150.00 per hour,
mcluding expenses, for a total contract amount not to exceed $75,000; and
WHEREAS, these services qualify as professional services exempt from public bidding underthe Local Public Contracts Law, NJ.SA. 40A: 11-1 ets&q,; and
WHEREAS, in October 2017, the City publicly advertised a Request for Qualifications (RFQ)using the "fair aad open process" as described under the Pay-to-Play Law; and
WHEREAS, Brach Eichler, LLC submitted a Qualification Statement m response to the City'sRFQ;and
WHEREAS, the City is awarding this contract under the Fah.' and Open provisions of the NewJersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seg.; and
WHEREAS, Brach Eichler, LLChas submitted its Certification of Compliance with the City'sContractor Pay-to-PIay Reform Ordinance 08-128 adopted on September 3, 2008; and
WHEREAS, a temporary encumbrance in the amount of $15,000 is available in Account No.18-01-201-23-210-312.
WHEREAS, the resolution authorizing the award and fhe agreement itself must be available forpublic inspection..
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of flie City of JerseyCity that:
1. The award of an agreement with the law firm of Brach Eichler, LLC to represent Kip
Smith, Shella Lane and Gerrardo Coppola in the Terri Reynolds and Lorraine Oliver litigation ishereby ratified for one year effective March 1 2018, for a total contract amount of $75,000,
including expenses;
2. The award of this contract shall be subject to the condition that the vendor providessatisfactory evidence of compliance -with the Affirmative Action Amendments to the Law against
Discriminatiou, N.JJ3A 10:5-31 etseq.;
Continuation of Resolution
City Clerk Fj!e No. _ .. Res. 18-515
Agenda No.
Pg.#
10.Z.17 MAY 2 3 2018TITLE:
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW OF FIRM OF BRACH EICHLER, LLC TOREPRESENT KIP SMITH, SHELLA LANE AND GERRARDO COPPOLA IN THEMATTER OF TERM REYNOLDS AND_LO_RRAINE_OUVER Y^CITY_OF_JERSEYCITY, ET AL.
3. Subject to such modification as the Corporation Counsel deems appropriate or necessary,
the Mayor or Business Administrator is authorized to execute the professional services
agreement attached hereto;
4. A copy of this resolution will be published in a newspaper of general circulation in theCity of Jersey City as required by law within (1 0) days of the adoption of the resolution;
5. 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 etseg.;
6. The Certification of Compliance with the City's Contractor Pay-to-Play Reform
Ordinance, attached hereto, shall be placed on file with this Resolution; and
7. Pursuant to NJ.A-C. 5:30-5.5(c), the continuation of the agreement after the expenditure
of funds encumbered in 2018 fiscal year temporary budget shall be subject to fhe appropriationof sufficient funds in the 2018 fiscal year permanent budget and in the subsequent fiscal yearbudget.
^ _, Donna Mauer hereby ceriifies that (here are sufficient fundsavailable in Account No.; 18-01-201-23-210-312 for payment of this resolution.
fi.O'i^^W^
05/W2038
Donna Mauer, Chief Financial Officer
APPROVED;
APPROVED:
APPROVED AS TO LEGAL FORM
)^Business Administrator Corporation Counsel
Certification Required ^
S^l
COUNCILPERSONRIDLEY
RIN2-AREY
30GGIANO
AYE/ZcI/
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
Not Required
>TE ONAYE
J/_I/.
fc/
NAY N.V.
aAPPROVED ^-(}
LSAGE 5 .9 3COUNCILPERSONRfVERA
WATTERMAN
LAVARRO,PRES.
•JL^AYE7"
~7~
~7
NAY N.V.
N,V,-Not Voting (Abstain)
Adopted at a megti Municipal/e'Qunci! of the City of Jersey City N.J.
Rolando R; L/varro, Jr., President of Coun'd Rcibert Byme, Q\ty Clerk
RESOLmiQN FACT SHEET " CONTRACT AWARDThis 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.
Full Title of Ordmance/Resolution
RESOLUTION RATIFYING THE AWARD OF A PROFESSIONAL SERVICES AGREEMENTWITH THE LAW OF FIRM OF BRACH EICHLER, LLC TO REPRESENT POLICE OFFICERMORTON OTUNDO IN THE MATTER OF TERRI REYNOLDS AND LORRAINE OLIVER V.CITY OF JERSEY CITY, ET AL.
Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.)
It was necessary to hire outside counsel to represent Kip Smith, Shella Lane, and Gerrardo Coppola who were
named in a complamt filed in the US District Court by Terri Reynolds and Lorraine Oliver allegingdiscrimination in violation of LAD, hostile work environment and retaliation in violation of LAD.
Cost (Identify all sources and amounts) Contract term (include all proposed renewals)
$75,000Insurance Fund Commission.18-01-201-23-210-312
One Year
Type of award Fair/Open
If "Other Exception", enter type
Additional Information
I certify that all the facts presented herein are accurate.
Signature of Department Director
Outside Counsel Agreement
This Agreement dated the _ day of _, 2018 between the City of
Jersey City/ a municipal corporation/ with offices at 280 Grove Street/ Jersey City/ New Jersey
07302 ("City") and Brach Eichler/ LLC 101 Eisenhower Parkway/ Roseland/ New Jersey 07068/
("Special Counsel"). The Corporation Counsel of the City of Jersey City has selected Special
Counsel to serve as Outside Counsel in connection witih Terri Reynolds and Lormine Oliver v. City
of Jersey City, et al.
In consideration of the mutual promises and covenants set forth herein/ the parties agree
as follows:
I. CONFLICTS OF INTEREST
A. Initial Conflicts Check.
Outside Counsel must be sensitive both to direct conflicts of interest that representation of the
City and other cUents poses/ and to the less direct/ but nevertheless serious/ conflicts that may
arise from the same firm's advocacy/ on behalf of other clients/ of positions conflicting with
important City interests. Prior to Outside Counsel's engagement/ Outside Counsel shall
carefully review whether any conflicts of either type exist and/ if so/ bring those conflicts to the
attention of the Corporation Counsel. The City shall be promptly mformed of and consulted
with respect to all potential conflicts. Although issue conflicts may not necessarily result in a
disqualification of Outside Counsel/ the City shall be consulted before Outside Counsel accepts
an engagement that will require the firm to advocate a position that may be adverse to a City
legal interest or otherwise prejudicial to the interests of the City. The City in its sole discretion
shall, after consultation with Outside Counsel, determine whether an mrpermissible conflict
exists/ or whether other circumstances exist that would undermine the public's confidence if
representation by Outside Counsel continued.
Outside CounseFs acceptance of an engagement on a matter without written disclosure of any
conflicts constitutes Outside Counsel's representation that it has conducted an appropriate
conflict check and no conflict exists.
B. City Conflicts.
The City has a duty to protect the public interest. As part of this responsibility/ the City sets
policies to ensure that the legal system operates in a manner that safeguards the public's
confidence in the integrity and impartiality of its administration. For this reason/ in addition to
Page 1 of 16
insisting that its attorneys follow the Rules of Professional Conduct/ the City prohibits Outside
Counsel that represent the City/ while such matter is pending/ from;
(1) Representing private parties before the City or any of its boards/ proceedings/
commissions or autonomous agencies in adversarial/ transactional or non-adversarial
proceedings. Outside Counsel also may not/ on behalf of a private client/ lobby the City or any
City department.
(2) Representing private parties in any matter in which the City also is a party/ if the private
party has interests adverse to the City.
(3) Representing a private client with interests adverse to fhe City.
(4) Representing another client if that representation would present a substantial risk that
Outside Counsel's responsibilities to the City would limit its ability to provide independent
advice or diligent and competent representation either to tiie City or the other client.
(5) Representing another client where the Outside Counsel's knowledge of the City's legal
positions or strategy/ derived from its representation or prospective representation of the City/
could be used to the advantage of the other client or the disadvantage of time City.
C. Continuing Obligation.
The obligation to disclose conflicts continues throughout the course of the representation.
Outside Counsel must review conflicts of interest on an ongoing basis as new matters are
opened. Any new attorney/client relationships that potentially create a conflict shall be reported
to the Corporation Counsel immediately.
D. Attomey-CUent Privilege Group/No Representation of Other Fersons/Entities
Absent Approval.
Outside attorneys engaged to represent the City (as opposed to a named person) shall consider
themselves to have formed an attorney-dient relationship only with the City/ and not any of its
individual employees. When speaking with current or former employees of the City/ Outside
Counsel shall/ as appropriate/ advise those employees that although their dialogue will be
considered attorney-client communications to the fullest possible extent/ counsel's
responsibility is to Ifhe City and they do not represent those employees in their individual
capacities. As a matter proceeds/ if employees of the City will be examined under oath or
interviewed in other adverse contexts/ and if Outside Counsel believes it advisable for them to
represent the employees in their individual capacities at such events/ Outside Counsel must
obtain the Corporation Counsel's advance consent before agreeing to represent such persons in
their individual capacities. The Corporation Counsel/ in consultation with other City personnel,
Page 2 of 16
will determine if it is appropriate for the individual to receive representation and/ if so/ by
whom.
Outside Counsel who is engaged to represent both an entity and employees of that entity
simultaneously shall take all necessary steps to ensure the continuing absence of conflicts/ and
to preserve their ability to continue representing the entity in the event that conflicts develop
between the entity and individual clients.
II. WORKING RELATIONSHIP
A. Identification of Objectives/Relationship Attorney.
The Corporation Counsel or his designee will be Outside Counsel's principal and regular point
of contact for financial and strategic decisions. Only the Corporation Counsel or his designee
has authority to direct Outside Counsel in the handling of the matter. If a City employee other
than the Corporation Counsel or his designee asks Outside Counsel to proceed in a certain
fashion or to perform certain activities with respect to a specific legal matter/ Outside Counsel
shall report the request to the Corporation Counsel and obtain direction prior to proceeding.
Outside counsel shall designate an Attorney to be the Corporation Counsels principal contact.
In all matters/ the City remains ultimately responsible for making all substantive decisions and
determining the costs and benefits of contemplated legal activity. In many matters/ City
attorneys will act as full co-counsel and be engaged with Outside Counsel m the day-to-day
conduct of the case. in matters where Outside Counsel is handling that day-to-day conduct
without City personnel as co'counsel/ the City shall be consulted on a regular basis throughout
the course of Outside Counsel's engagement and to be kept fuUy informed of the current status
and proposed course of the matters assigned to Outside CounseFs firm. All strategic/ tactical/
staffing (including any proposed staffing changes) and significant resource allocation decisions
about City legal matters must be made in collaboration with the Corporation Counsel.
B. Early Case Assessment/Cost Assessment.
Each complex matter is to be thoroughly evaluated at its outset. The same applies to actions in
which the City is the plaintiff/ except that the analysis will be performed before the case is filed.
In any matter/ Outside Counsel shaU provide an early case assessment that includes analysis of
(1) likely costs to the City from the process/ (2) possible outcomes/ indicating the likelihood ofeach/ and (3) strategy and tactics for termination or resolution. The format of the early case
assessment may vary from a formal written document to a verbal briefing or a combination of a
written budget with a verbal briefing on other aspects of the case.
Please note that time spent preparing a budget is not billable/ but counsel may bill for time
spent preparing an early case assessment or a recommended discovery plan.
Page 3 of 16
The City places significant reliance on cost estimates and Outside Counsel shall prepare them
with care. Although the City understands that unanticipated events may have an impact on
costs/ the City shall be consulted promptly if Outside Counsel beUeves that the most recent cost
estimate provided is no longer accurate. Should total fees or costs exceed the agreed budget/ or
should fees or costs for a phase of the case exceed the agreed estimate for that phase/ without
adequate explanation in advance that the increased expense will be necessary/ the City may
require that an increased discount be applied to unanticipated fees or costs and reserves the
right not to pay Outside Counsel for any amounts incurred or expended in excess of the
approved budget or estimate.
For bond matters and other transactional engagements/ counsel may be expected to provide a
fee cap for the transaction/ approved by the City/ prior to commencing work. Only where a
transaction materially changes in scope will the City consider revisions to an agreed fee cap. No
payments above the agreed fee cap shall be made unless and until a revised fee cap has been
approved in writing by the Director of the City or his/her designee.
C. Staffing.
Unless otherwise agreed/ the senior attorney retained shall be directly and ultimately
responsible for the entire assignment. The day-to-day involvement of that senior attorney/
however/ shall be appropriate to the magnitude of the matter and the efficiency required for a
timely/ cost effective/ quality work product. When a senior attorney can handle an assignment
most efficiently (based on skill and experience)/ that senior attorney shall complete the
assignment.
The City shall be billed for only one attorney to attend events such as depositions/ witness
meetings/ settlement conferences/ negotiations and meetings with other parties' counsel. The
City recognizes that in more complex matters and those with multiple work-streams/ it may
occasionally be appropriate for multiple attorneys to attend significant events and for members
of the team to consult with each other. The City insists/ however/ that no more than the
minimum number of attorneys necessary to an event attend/ that billable internal conferences
and charges for drafting and reading internal email correspondence occur only when absolutely
required/ and that the Corporation Counsel be regularly informed both of the number of
attorneys who will attend significant events and the reason for the attendance of each billing
timekeeper.
The City beUeves that it is most efficient for a single attorney or group of attorneys to handle a
matter from beginning to end and Outside Counsel shall strive for such continuity. The City
will not pay for learning time that may result from staffing changes at Outside Counsel's firm.
In addition/ the City will not reimburse Outside Counsel for any routine training or supervisory
time/ indudmg time spent at seminars/ unless specifically approved in advance and included as
part of the budget. The City will not ordinarily pay for summer associate time unless such time
has been identified as part of the approved staffing plan for appropriate work. The City wUl not
Page 4 of 16
pay for time submitted by librarians; secretaries; billing/ filing/ docketing or document clerks;
internal messengers/couriers; temporary or clerical support staff; word processors; and IT
professionals other than electronic discovery specialists serving a function similar to that of
paralegals/case managers. The City also will not pay for time billed by attorneys or paralegals to
perform tasks (filing/ indexing/ etc.) that could and should have been handled by support
personnel.
D. Settlement.
Outside Counsel shall have no settlement authority unless and until such authority is explicitly
conferred on them by the Corporation Counsel. If Outside Counsel believes that settlement
should be pursued/ Outside Counsel must seek instructions in this regard from the Corporation
Counsel/ and not pursue formal or informal settlement discussions without the Corporation
Counsel's approval. Outside Counsel shall immediately inform the Corporation Counsel of any
settlement proposal or overture/ formal or informal/ by the opposing party or counsel. Please
note that under no circumstances can the City a^ree to designate a settlement agreement as
confidential. All City settlement records are. by definition, public documents.
E. Media Relations/Law Finn Advertising.
The City does not authorize outside counsel or vendors to comment publicly in any manner
on any aspect of the City's legal matters. AU media inquiries relating to the City shall be
referred promptly to the Corporation Counsel and discussed with the Corporation Counsel
before responding to the media contact in any manner. This includes even //no comment or
other non-substantive responses. If time is of the essence and Outside Counsel cannot reach die
Corporation Counsel/ the Press Secretary in the Office of the Mayor shall be contacted.
The City does not permit Outside Counsel to advertise or promote their relationship with the
City, other than by listing the City as a representative client.
F. Engagement of E-Discovery and Other Vendors, Including Experts.
Before engaging any vendor/ including electronic discovery firms and experts/ lobbyists or
other consultants (in each case/ a "vendor")/ Outside Counsel must pre-clear that engagement
with the Corporation Counsel/ unless the Corporation Counsel has explicitly granted exceptions
to this preclearance requirement. The City will not be responsible for vendor fees or costs unless
that vendor's engagement was pre-approved by the City. The City may require Outside
Counsel to engage vendors with which the City has master contracts or preferred pricing
arrangements/ and always will insist on engagement of the lowest-cost vendor qualified to
handle a task (understanding that complex tasks may require vendors with specialized
expertise).
Page 5 of 16
Outside Counsel will pay all third-party service providers directly and will bill the City forthose services' detailed disbursements included in monthly invoices. This City will not accept
separate invoices from service providers directly to the City for payment.
Outside Counsel has the responsibility to ensure that there are no conflicts between any vendor
and the City. In addition/ aU vendors must execute the confidentiality agreement attached as
Appendix A. The fee and disbursement policies as outlined in this Agreement shall be made
available to/ and followed by vendors. It is Outside CounseFs responsibility to confirm that all
third party billings comply with this Agreement.
Vendor payment arrangements shaU be discussed in advance with the Corporation Counsel. In
general/ Outside Counsel shall contract with vendors themselves and pay the third party
invoices directly/ incorporating those invoices mto their own bills to the City and induding
appropriate detail for reasonable review by City personnel. The City may request Outside
Counsel to provide full copies of vendor invoices; Outside Counsel therefore shall retain those
invoices in accordance with IRS guidelines. The Corporation Counsel may approve other
payment arrangements/ including (in rare cases) direct contractmg with and payment by the
City.
When engaging court reporting services/ Outside Counsel shall request only one transcript
(electronic or hard copy). The City wiU not reimburse charges for additional transcripts.
G. Adherence to Ethical Standards.
The City conducts itself in accordance with the highest ethical standards and expects the same
of its Outside Counsel. No City employee ever has authority to instruct Outside Counsel to act
in an uneHiical manner. If Outside Counsel believes that a City employee has engaged or will
engage in illegal or unethical activity/ Outside Counsel must immediately advise the
Corporation Counsel. The City will terminate its relationship with any Outside Counsel who/ in
the City's sole discretion/ fails to adhere to the foregoing ethical standards.
At all tunes/ Outside Counsel wUl remain aware of and in compliance with each of the City's
//Pay~to-Play// ordinances and any amendments thereto.
H. Gratuities.
City officers and employees are prohibited from accepting any gift/ favor/ service or other thing
of value related in any way to the City officer's or employee's public duties. In addition/ any
vendor to the City is prohibited from offering a gift or other thing of value to a City officer or
employee with which the vendor transacts business or offers to transact business. Any City
officer or employee is prohibited from soliciting a gift or thing of value from a City vendor. This
includes charitable donations made in the name of a City employee.
Page 6 of 16
The City reserves the right to amend this Agreement from time to time/ providing written
notification to Outside Counsel within thirty (30) days of the effective date of any substantive
changes. Failure to accept amendments may result in the termination of services from the City.
I. Malpractice Insurance.
Outside Counsel representing the City shall maintain malpractice insurance coverage that is
reasonable and prudent in relation to the types and sizes of matters handled. Outside Counsel
shall/ upon request/ promptly provide the Corporation Counsel with copies of any applicable
policies required under this section/ and/or a certificate of insurance. Each policy provided must
be certified by the agent or underwriter to be a true copy. If Outside Counsel does not have
coverage or if coverage is cancelled and not immediately replaced with comparable coverage/
Outside Counsel must immediately report this to the Corporation Counsel.
J. File Retention,
For Litigated Matters; Outside Counsel shall retain pleadings/ correspondence/ discovery
materials/ deposition transcripts and similar documents and work product for a period of no
less than seven (7) years from the date the matter is concluded or for the time period specified
by rule or law in the jurisdiction m which the matter was pendmg/ whichever is longer. Beyond
this period/ Outside Counsel shaU notify the City in writing no less than sixty (60) days prior to
destroying any file. Along with the written notification/ Outside Counsel shall submit an
inventory of any original City documents contained in the file to be destroyed and a
representation that any electronic version of the file will also be destroyed or deleted.
For Bond and Other Transactions/ and Advice Matters; Documents shall be retained in
accordance with the same policies applicable to litigated matters unless applicable law
mandates any longer retention schedule. However/ bond counsel and transactional/advice
counsel shall retain all transcripts of transactions and memoranda of advice indefinitely unless
otherwise directed by the Corporation Counsel.
III. BiUms
A. Rates.
Outside Counsel shall be compensated at the rate of $150.00 per hour/ including expenses. The
total amount of this agreement shall not exceed $75/000.00.
The City will pay for actual services rendered at rates established in Requests for Qualifications
or otherwise agreed to in advance. At the time of Outside Counsel's initial engagement/ Outside
Counsel shall furnish the Corporation Counsel with a schedule of billing rates for partners/
associates and all other timekeepers expected to bill time against the matter for review and
approval prior to billing time to the City. Because of City procurement rules/ the rates
Page 7 of 16
applicable at the inception of each specific matter must remain in effect for the duration of that
matter.
Hourly rates shall include all overhead costs {see Acceptable Fees/Charges/ below)/ none of
which shall be included m disbursements.
Time must be billed m 0.1 hour increments and on a per-task basis. The time entry description
must be specific/ detailing the action taken and the subject matter. Absent prior consent/ the
City will not pay for more than ten (10) hours of tune by a single timekeeper in a single day/ but
the Corporation Counsel may increase that number of permissible hours in matters of special
urgency or where cases are in or approaching trial.
Outside Counsel shall bear m mmd that invoices may be disclosed pursuant to the City's open
records laws and that courts may not sustain assertions of privilege by the City. Although the
City will endeavor to redact privileged information before releasing bills for public
consumption/ Outside Counsel shall/ to the extent practicable and consistent with the need to
fuUy inform the City of its activities and to aUow the City to evaluate the reasonableness of
billing narratives/ avoid the inclusion of privileged matter in invoices.
B. Invoicins Policy.
All invoices must be submitted to the Corporation Counsel.
For litigation/ advice/ and non-bond transactional matters/ Outside Counsel generally are
expected to submit monthly invoices within thirty days of the conclusion of the billing period/
absent the City's prior consent to a longer delay. AU charges must reflect the work performed
within the billing period or a reasonable time before the billing period. Absent good cause/ as
defined by the City/ the City will not pay for services or expenses incurred more than 90 days
prior to the date the invoice is submitted. For bond matters/ Outside Counsel are expected to
submit their invoice within thirty days of the conclusion of the transaction.
Absent a specific agreement to an alternative fee arrangement/ Outside Counsel fees shall be
computed by applying the negotiated hourly rate to the time for the services expended. Hours
shown must accurately reflect the time spent on the described activity and must either be the
exact amount of time or the exact time rounded down to the nearest one'tenth of an hour. Block
billing—grouping multiple activities under a single time charge—will not be accepted/ and the
City will not pay for any time recorded in a block fashion unless this requirement is waived by
the Director of the City of Law or his or her designee.
Every bill from Outside Counsel is deemed to be a certification by the firm and billing partner
that all legal services and disbursements reflected on the biU are reasonable for the legal matter
involved and necessary for the proper provision of legal services to the City. The City may
deduct certain fees and charges that are inconsistent with this Agreement.
Page 8 of 16
The City reserves the right to audit all fee and disbursement details that Outside Counsel
submit/ as well as the corresponding legal fUe. The City will promptly terminate the services of
any Outside Counsel whose billing practices raise questions about the Outside Counsels
integrity/ honesty or compliance with the applicable rules of professional conduct or this
Agreement.
C. Invoice Format.
Each invoice will include the following minimum requirements:
®Library usage (mcluding book purchases or subscriptions) or library staff time
® Office suppUes
a Conference room charges
E. Basic legal research may not be billed.
Outside Counsel shall be familiar with the basic substantive law at issue in the matter for which
the firm was retained/ and the City shall not be charged for this type of research. If legal
research benefits other clients/ only the proportionate share of that cost shall be billed to the
City. The City shaU also benefit from previously prepared briefs and memoranda/ and when
such briefs or memoranda exist/ will pay only for actual time spent updating or tailoring the
same. All other anticipated legal research shall be addressed in Outside CounseFs proposed
budget. Legal research projects necessary in a particular litigation assignment must be
approved in advance by the Corporation Counsel before the research is commenced.
The City will pay only for the actual time spent by Outside Counsel or other approved
timekeeper conducting the research. As explained infra, fees charged by electronic or other
research services/ includmg library fees/ Westlaw/ Lexis and other online services are
considered general overheard and are not reimbursable.
F. Out-of-pocket costs must be itemized and passed through with no markup.
The City wiU reimburse Outside Counsel for reasonable/ documented and itemized out-of-
pocket disbursements and costs incurred on behalf of the City/ with the exceptions and
limitations set forth in this Agreement. Outside CounseFs invoices to the City shaU reflect the
actual cost and shall not include any markup. All disbursements must be tally itemized with a
description sufficient for review/ identifying the number of units/ price per unit and total cost.
The City may refuse to pay for disbursements billed as /miscellaneous/ billed in a group (e.g./
Travel Expenses - $4/000.00) or disbursements without descriptions.
G. Prohibited disbursements.
The City considers certain disbursements to be part of a law firm's overhead and wilt not pay
such charges. These items include:
®Rent (including temporary office space)
®Westlaw/ Lexis and other legal database services
®Cost or usage of computers or mobile devices or internet service charges
®Equipment rental
Page 10 of 16
®Storage charges
»Catermg for internal meetings
®Meals (except during business travel/ and then limited to $70 per day)
•Mileage for short trips (<30 miles one way)
®Travel costs exceeding discounted/ non-refundable coach fares except where excess costs have
been approved in advance
•Telephone charges
•Facsimile charges
®Allocated charges from a firm's blanket service agreements with outside vendors
H. Copying/scannmg.
Copying charges may be billed to the City at the lesser of the most favorable rate applied by
Outside Counsel or five cents per page. The City wiU reimburse for document scanning at
Outside Counsel firm's regular rate/ up to a maximum of five cents per page/ for document
productions/ but the City will not pay time charges associated with scanning/ and there shall be
no charges associated with the scanning and filing of court papers and correspondence. Every
effort shall be made to minimize scanning expenses by vrorking with documents in electronic
format whenever possible.
I. Couriers and Qvernieht Mail.
The City will reimburse for actual charges billed to Outside Counsel for deliveries (including
overnight express) that are necessary in the interest of speed and reliability. Outside Counsel
shaU use the lowest cost service consistent with need and reliability/ and to arrange schedules/
whenever practicable/ to avoid the need for premium-priced couriers. Outside Counsel shaU use
less expensive means/ such as email (encrypted/ when necessary) or regular mail where it is
practical to do so.
J. Travel Expenses.
All air and rail travel must be first approved by the Corporation Counsel/ ideally as part of the
case budget. Outside Counsel shall use good judgment m selecting hotels and restaurants and
incurring expenses for which the taxpayers are to be charged. Outside Counsel shall use
alternatives to travel such as conference calls or videoconferences whenever practicable. If the
travel involves another client/ the City may be billed only for its proportionate share of both
time and related expenses. Non-working travel time is not billable without the Corporation
CounseVs prior approval.
K. Reimbursement of Meals for Overnight Travel.
Page 11 of 16
The City will reimburse for meals consumed while traveling overnight on City business/ but
limited (absent prior approval) to no more than seventy dollars ($70) per person/ per day.
Under no circumstances wiU the City reimburse costs for alcoholic beverages.
L. Maintenance of Expense Records.
To ensure compliance with the City's reimbursement policies/ Outside Counsel shall require
itemization of out-of-pocket expenses such as airline tickets/ meals and hotel bills before making
reimbursement to any attorney/ employee or third party/ and maintain original receipts. Travel
and meal expenses and receipts may be audited and shall be retained by Outside Counsel in
accordance with applicable FRS guidelines. Unless requested to do so by the City/ Outside
Counsel shaU not forward copies of travel and meal expense receipts to the City with the firm s
invoices.
M. Personal Expenses Not Reimbursable.
Please take care to distinguish between personal expenses and properly chargeable business
expenses. The City will not reimburse for, among other things/ recreation fees/ salon or spa
charges/ pay-per-view movies or other personal entertainment charges/ airline baggage charges/
travel agency expenses^ shoe shines/ toiletries/ dry cleaning or laundry (except in the unlikely
event travel of more than seven days' duration is required)/ or luggage.
N. Vendor discounts must be passed through.
If Outside Counsel receives a discount or rebate from a vendor based on the aggregate level of
business with that vendor/ such discount shall be disclosed and the City shall receive the
benefit on a proportionate basis. This does not include frequent-flyer miles or similar
perquisites allocated to individual travelers.
IV. CONFIDENTIALITY
In the course of representing the City/ Outside Counsel will frequently gain access to nonpublic
and confidential information. The City requires Outside Counsel to maintain the confidentiality
of such information both during and after the course of Outside Counsel's representation of the
City. Outside Counsel must have in place appropriate procedures to ensure the protection of all
such information. In the event the representation requires Outside Counsel to become privy to
protected personally-identifiable information about any person/ such as health or financial
records/ Social Security numbers or other such information/ then this information must be
handled with the utmost care both within facilities in Outside Counsel's control/ and certainly
when that information is being transported. Under no circumstances shall such confidential
information be transported outside Counsel's offices—either physically or over the public
mtemet— unless the information is appropriately encrypted. In the event information is
Page 12 of 16
compromised or potentially compromised/ Outside Counsel must notify the City immediately.
Outside Counsel must follow all statutory/ regulatory/ and ethical provisions relating to
privacy/ confidentiality and nondisdosure of all privileged/ proprietary and confidential
information. Outside Counsel must take appropriate measures to ensure that all legal and non-
legal personnel are familiar with this requirement and are effectively supervised in this regard.
Vendors to whom Outside Counsel gives access to confidential or proprietary material of the
City (including work product) must sign the confidentiality agreement attached as Appendix A.
It is the responsibility of Outside Counsel to obtain a signed confidentiality agreement from
each vendor and to retain those agreements.
This Confidentiality Section/ and the corresponding Confidentiality Agreement attached as
Appendix A, is above and beyond any relationships or privileges held or created separate and
apart from this Agreement.
V. NEW TERSEY BUSINESS REGISTRATION REQUIREMENTS
Outside Counsel 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 busmess registration as required
pursuant to section 1 of P.L.2001/ c.134 (€.52:32-44 et al.) or subsection e. or 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 busmess registration copy not properly provided under
a contract with a contracting agency.
VI. TERMINATION
The City reserves tiie right to terminate the within Agreement at any time for any reason
whatsoever/ in which event Outside Counsel shall be paid for services due up to the date of
termination. Thereafter/ this Agreement shall be considered nuU and void with no further
Page 13 of 16
rights or obligations emanating there from. Unless sooner terminated or renewed/ this contract
shall be for a term of one (1) year commencing on the date the contract is executed by City
officials.
VII. GENERAL TERMS
A. Govemins Law/Turisdiction.
This Agreement will be interpreted in accordance with/ and governed by/ the laws of the State of New
Jersey. The courts of the State of New Jersey wiU have exclusive jurisdiction and the parties irrevocably
attorn to the jurisdiction of such courts.
B. Counterparts Clause.
This Agreement may be executed by e-mail in counterparts all of which wiU be deemed originals and
legally binding once delivered to each of the other parties' authorized e-mail addresses and such
delivery is acknowledged by reply e-mail. Although not necessary to legally bind the parties/ each
party agrees to promptly circulate signed origmals in sufficient number to the other parties for record-
keeping purposes after completing the e-mail execution and delivery. All counterparts when executed
and delivered (by e-mail or in paper form) will be construed togeter to be an original and will
constitute one and the same agreement.
By accepting an engagement by the City/ law firms will be deemed to have familiarized
themselves with this agreement and to have agreed to adhere to it in all respects/ now and as
they may be amended from time to time upon written notice and acceptance. This acceptance is
a matter both of contract and professional responsibility.
Attest: City of Jersey City
Robert Byrne Brian Flatt
City Clerk Business Administrator
WITNESS: Brach Eichler
By:Firm:
Page 14 of 16
CONFIDENTIALITY AGREEMENT
(Subcontractor), as a contractor of Outside Counsel retained by the Cityof Jersey City (the "City") pursuant to an "Outside Counsel Agreement" dated
, hereby acknowledges and agrees as follows:
1. All documents and data, including but not limited to financial, statistical, personnel,customer and/or technical documents, owned or supplied by the City to the Subcontractor, shall
be treated as confidential (Documents and Data). The Subcontractor shall take all necessary and
reasonable precautions to ensure that the City's Documents and Data are safeguarded. Use of theDocuments and Data is strictly limited to that use necessary to complete the scope of work
agreed upon, which may include disclosure to employees, officers or agents of any subcontractor
assisting with the scope of work. Any other use, and any sale or offering of the Documents andData in any form by the Subcontractor, or any individual or entity m the Subcontractor's charge
or employ, will be considered a violation of this Confidentiality Agreement and may result intermination of the agreement between Subcontractor and the law firm retained by the City, and
the Subcontractor's suspension or debarment from City contracting. In addition, such conduct
may be reported to the appropriate authorities for possible criminal prosecution.
2. Subcontractor shall be responsible to ensure that all agents and individuals or entities in
the Subcontractor's charge or employ adhere to this Confidentiality Agreement. A breach of
confidentiality by any individual or entity in the Subcontractor's charge or employ will beconsidered a violation of this Confidentiality Agreement by the Subcontractor.
3. In the event that Subcontractor, its agent or any mdividual or entity in theSubcontractor's charge or employ receives a subpoena, demand, or other request for any of the
City's documents or data, Subcontractor shall promptly notify the City and shall not turn overany of the City's documents or data.
4. The Subcontractor shall comply with all applicable City and Federal laws that require thenotification of individuals m the event of unauthorized release of personally-identifiable
information or other event requiring notification. In the event of a breach of any of the
Subcontractor's confidentiality obligations or other event requiring notification under applicablelaw ("Notification Event"), the Subcontractor agrees to assume responsibility for informing all
such individuals in accordance with applicable law and to indemnify, hold harmless and defendthe City and its trustees; officers, and employees from and against any claims, damages, or other
harm related to such Notification Event.
5. Upon tennmation of this Confidentiality Agreement the Subcontractor shall return or
erase, destroy, and render unreadable all Subcontractor copies of City Documents and Data, both
physical and electronic, and certify m writing that these actions have been completed within 30days of the termination of this Confidentiality Agreement or within 14 days of the request of anagent of the City, whichever shall come first.
6. This Confidentiality Agreement shall survive the Subcontractor's termination of thecontract between the law firm retained by file City and Subcontractor or upon completion of the
scope of work related to the City.
Subcontractor/Firm:
By:
Title:
Date:
City Clerk File No.
Agenda No.
RESOLUTION RATIFYING AND REAUTHORIZING A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW FIRM OF ARLEO & DONOHUE, L.L.C. TO ASSISTAND ADVISE THE CITY OF JERSEY CITY WITH COORDINATING RESPONSES TOINFOJRMATION REQUESTS
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, the Municipal Council oftbe City of Jersey City approved Resolution 14-704 onOctober 22,2014 in the amount of $20,000 authorizing a professional services agreement with the
law firm ofArleo & Donohue, L,L,C,, 622 Eagle Rock Avenue, West Orange, NJ 07052 to assistand advise the City of Jersey City with coordinating responses to information, requests; and
WHEREAS, Resolution 15-220 approved on March 25,2015 reauthorized a professional servicescontract m the amount of $10,000 with Arleo & Donoliue, L.L.C.; and
WHEREAS, Resolution 16-686 approved on October 12, 2016 reauthorized a professional
services contract m the amount of $50,000 with Arleo & Donohue, L.L.C.; and
WHEREAS, the City of Jersey City contmues to require the services of an attorney to assist and
advise with coordinating responses to informational requests; and
WHEREAS, these services qualify as professional services exempt from public bidding under theLocal Public Contracts Law, NJ.S.A. 40A: 11-1 et seq.: and
WHEREAS, N.J.S.A. 40A:11-15 limits the term of professional services contracts to twelve
months; and
WHEREAS, the Corporation Counsel has recommended the reappoin.tment of outside counsel to
assist and advise the City of Jersey City in this matter; and
WHEREAS, Ai'Ieo & Donohue, LLC is qualified to perform these services and will provide theseservices at the rate of $150.00 per hour, including expenses, for a total contract amount not to
exceed $50,000; and
WEREAS, the City is awarding this contract pursuant to the "fair and open" provisions of the
. Pay-to-Play Law, NJ.S.A.19:44A-20.4 et seq.; and
WHEREAS, Arleo & Donohue, LLC has submitted its Certification of Compliance with theCity's Contractor Pay-to-Play Reform. Ordinance 08-128 adopted on September 3, 2008;and
WHEREAS, funds in ti.ie amount of $10,000 are available in the 2018 calendar year temporarybudget in Account No.: 18-01-201-20-155-312; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Comicil of the City of Jersey Citythat:
1. The award of a one (1) year contract effective as of March l,2018tothelawfirmofArleo& Donohue, LLC is hereby ratified and the contract amount is increased by an additional $50,000for a total contract amount of $130,000;
2. The award of this contract shall be subject to the condition, that the vendor provides satisfactory
evidence of compliance with the Affirmative Action Amendments to the Law Against
Discrimmation, N.J.S.A. 10:5-31 et se^:
Continuation of Resolution
City Cierk File No. Res. 18-516
Agenda No.
Pg.#
10.Z.18
TITLE:
RESOLUTION RATIFYING AND REAUTHORIZING A PROFESSIONAL SERVICESAGREEMENT WITH THE LAW FIRM OF ARLEO & DONOHUE, L.L.C. TO ASSISTAND ADVISE THE CITY OF JERSEY CITY WITH COORDINATING RESPONSES
3. The Mayor or Busmess Administrator is hereby authorized to execute an agreement in
substantially the form attached subject to such modification as the Corporation Counsel deems
appropriate or necessary;
4. Pursuant to NJ.A.C 5:30-5.5(c), the contmuation of the contract after the expenditure of
funds encumbered in flie 2018 fiscal year temporary budget shall be subject to the appropriationof sufficient funds in the 2018 fiscal year permanent budget and in the subsequent fiscal yearbudget;
5. This contract is awarded without competitive bidding as a professional services contract
under the Local Public Contracts Law. N.J.SA. 40A: 11-1 et. seq.;
6. A copy of this resolution will be published in a newspaper of general circulation m the Cityof Jersey City as requked by law within (10) days of the adoption of the resolution;
I hereby certify that there are sufficient funds available m Account No.: 18-01-201-20-155-312
for payment of this resolution (>o' ^ /<T?^JJ/
D<inna Mauer, Chief Fmancial officer
inws
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
1^Business Administrator Corporation Counsel
'.^
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5. Z3 .18COUNCILPERSONRiDLEY
PR1NZ-AREY
BOGG!ANO
AYE NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE NAY N.V, COUNCILPERSONR1VERA
WATTERMAN
LAVARRO,PRES
AYE NAY N.V,
/ Indicates Vots
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Rolando R. Lavarro, Jr., President of Counci! Robert Byrne, City Clerk
RESOLUTION FACTSHEET - CONTRACT AWARDThis 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.
Full Title of Ordinance/ResoIution
RESOLUTION RATIFYING AND REAUTHORIZING A PROFESSIONALAGREEMENT WITH THE LAW FIRM OF ARLEO & DONOHUE, L.L.C. TO ASSIST AND ADVISETHE CITY OF JERSEY CITY WITH COORDINATING RESPONSES TO INFORMATIONREQUESTS
Copying charges may be billed to the City at the lesser of the most favorable rate appUed by
Outside Counsel or five cents per page. The City will reimburse for document scanning at Outside
Counsel firm's regular rate/ up to a maximum of five cents per page/ for document productions/
but the City will not pay time charges associated with scaiming/ and there shall be no charges
associated with the scanning and filmg of court papers and correspondence. Every effort shall be
made to minimize scanxung expenses by working with documents in electronic format whenever
possible.
I. Couriers and Ovemisht Mail.
The City will reunburse for actual charges billed to Outside Counsel for deliveries (including
overnight express) that are necessary in the interest of speed and reliability. Outside Counsel shall
use the lowest cost service consistent with need and reliability/ and to arrange schedules/
whenever practicable/ to avoid the need for premium-priced couriers. Outside Counsel shall use
less expensive means/ such as email (encrypted/ when necessary) or regular maH where it is
practical to do so.
J. Travel Expenses.
All air and rail travel must be first approved by the Corporation Counsel/ ideally as part of the
case budget. Outside Counsel shall use good judgment in selecting hotels and restaurants and
incurring expenses for which the taxpayers are to be charged. Outside Counsel shall use
alternatives to travel such as conference calls or videoconferences whenever practicable. If the
travel involves another client/ the City may be billed only for its proportionate share of both time
and related expenses. Non-working travel time is not billable without the Corporation
CounseFs prior approval.
Reimbursement of Meals for Ovemisht Travel.
Page 11 of 17
The City wiU- reimburse for meals consumed while traveling overnight on City business/ but
limited (absent prior approval) to no more than. seventy dollars ($70) per person/ per day. Under
no circumstances will the City reimburse costs for alcoholic beverages.
L. Maintenance of Expense Records.
To ensure compliance with the City's reimbursement policies/ Outside Counsel shall require
itemization of out-of-pocket expenses such as airline tickets/ meals and hotel bills before making
reimbursement to any attorney/ employee or third party/ and maintain original receipts. Travel
and meal expenses and receipts may be audited and shall be retained by Outside Counsel in
accordance with applicable JRS guidelmes. Unless requested to do so by the City/ Outside
Counsel shall not forward copies of travel and meal expense receipts to the City with the firm.s
mvoices.
M. Personal Expenses Not Reimbursable.
Please take care to distinguish behveen personal expenses and properly chargeable business
expenses. The City will not reimburse for/ among other things/ recreation fees/ salon or spa
charges/ pay-per-view movies or other personal entertainment charges/ airline baggage charges/
travel agency expenses/ shoe shines/ toUetries/ dry cleaning or laundry (except in the unlikely
event travel of more than seven days' duration is required)/ or luggage.
N. Vendor discounts must be passed through.
If Outside Counsel receives a discount or rebate from a vendor based on the aggregate level of
business with that vendor/ such discount shall be disclosed and the City shall receive the benefit
on a proportionate basis. This does not include frequent-flyer miles or similar perquisites
allocated to individual travelers.
IV. COMPLIANCE WITH AFFIRMATIVE ACTION PLAN
(a) If the Agreement exceeds $40/000.00, it shall be subject to the Affirmative
Action Amendments to the Law Against Discrimination/ N.T.S.A. 10:5-31 et seq.
(b) This Agreement shall not become effective and Contractor shaU provide no
services under this Agreement until it has executed the following documents;
1. A supplemental Affirmative Action Agreement pursuant to N.T.S.A. 10:5-31 etseg.
(for contracts which exceed $40/000.00). The Affirmative Action Agreement is attached hereto as
Exhibit "B" and is incorporated herein by reference.
2. An Affirmative Action Employee Information Report (form AA-302) (for
contracts which exceed $40/000.00.
Page 12 of 17
V. CITY OF TERSEY CITY LOBBYIST DISCLOSURE ORDINANCE
This contract was awarded in accordance with the provisions of the City's Disclosure of
Lobbyist Representative Stahis Ordinance §3-9.1 et seq. adopted on June 12, 2002. As such the
undersigned does hereby attest that Contractor either did not retain the services of a lobbyist to
lobby on behalf of the Contractor for the award of this contract/ or if a lobbyist was retained by
the Contractor for such purposes/ the Contractor's lobbyist/ prior to commencing his/her lobbying
activities/ filed a notice of lobbyist representative status form with tiie City Clerk. Any Contractor
whose lobbyist failed to comply with the provisions of Ordinance §3-9.1 et seg., following notice
and an opportunity to be heard/ shall be disqualified from entering into contracts with. the City
for a period of two (2) years for each violation.
In the course of representing the City/ Outside Counsel will frequently gain access to nonpublic
and confidential information. The City requires Outside Counsel to maintain the confidentiality
of such information both during and after the course of Outside CounseFs representation of the
City. Outside Counsel must have in place appropriate procedures to ensure th.e protection of aU
such information. In the event the representation requires Outside Counsel to become privy to
protected personally-identifiable information about any person, such as health or financial
records/ Social Security numbers or other such information/ then this information must be
handled with the utmost care both within facilities m Outside Counsel's control/ and certamly
when that information is bemg transported. Under no circumstances shall such confidential
information be transported outside Outside CounseFs offices-either physically or over tihe public
internet—unless the mformation is appropriately encrypted. In the event information is
compromised or potentially compromised/ Outside Counsel must notify the City immediately.
Outside Counsel must follow all statutory/ regulatory/ and ethical provisions relating to privacy/
confidentiality and nondisclosure of aU privileged/ proprietary and confidential information.
Outside Counsel must take appropriate measures to ensure that all legal and nonlegal personnel
are familiar with this requirement and are effectively supervised in tihis regard.
Vendors to whom Outside Counsel gives access to confidential or proprietary material of the City
(including work product) must sign the confidentiality agreement attached as Appendbc A. It is
the responsibility of Outside Counsel to obtain a signed confidentiality agreement from each
vendor and to retain those agreements.
This Confidentiality Section/ and the corresponding Confidentiality Agreement attached as
Appendbc A/ is above and beyond any relationships or privileges held or created separate and
apart from this Agreement
VII. NEW TERSEY BUSINESS REGISTRATION REQUIREMENTS
Page 13 of 17
Outside Counsel 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.
Por the term of the contract/ the contractor aiid each of its affiliates and a subcontractor and each
of its affiliates [NJ.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 (052:32-44 et al.) or subsection e. or f. of section 92 of
P.L.1977/ c.110 (C.5:12-92)/ or that provides false business registration information under the
requu-ements 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 property provided under
a contract with a contracting agency.
VIII. CITY OF TERSEY CITY CONTRACTOR PAY-TO-PIAY REFORM ORDINANCE
The contract is awarded hi accordance with the City of Jersey City's Contractor Pay'to-
Play Reform Ordinance 08-128 adopted on September 23,2008. The Contractor/ its subsidiaries/
assigns or principals have certified that they have neither made a reportable contribution in the
one year period preceding the date that the City Council awarded the contract that would be
deemed to be a violation of Ordinance 08-128, nor will Contractor/ its subsidiaries/ assigns or
principals make a reportable contribution during the term of the contract that would be m
violation of Ordinance 08-128.
The City reserves the right to terminate the within Agreement at any tune for any reason
whatsoever/ m which event Outside Counsel shall be paid for services due up to the date of
termination. Thereafter/ this Agreement shall be considered null and void with no further rights
or obligations emanating therefrom. Unless sooner terminated or renewed/ this contract shall be
for a term of one (1) year commencing on the date the contract is executed by City officials.
Page 14 of 17
A. Governing Law/Timsdiction.
This Agreement will be interpreted in accordance with/ and governed by/ the laws of the State of New
Jersey. The courts of the State of New Jersey will have exclusive jurisdiction and the parties irrevocably
attorney to the jurisdiction of such courts.
B. Counterparts Clause.
This Agreement may be executed by e-mail in coimterparts all of which win be deemed originals and
legally bmding once delivered to each of the other parties' authorized e-mail addresses and such delivery
is acknowledged by reply e-mail. Although not necessary to legally bind the parties/ each party agrees
to promptly circulate signed originals in sufficient number to the other parties for record-keeping
purposes after completing the e-mail execution and delivery. All counterparts when executed and
delivered (by e-mail or m paper form) will be construed together to be an original and wHl constitute one
and the same agreement
By accepting an engagement by the City/ law firms will be deemed to have familtarized
themselves with this agreement and to have agreed to adhere to it m all respects/ now and as they
may be amended from time to time upon written notice and acceptance. This acceptance is a
matter both of contract acnd professional responsibility.
Attest: City of Jersey City
City Clerk Business Administrator
By:Firm:
Page 15 of 17
(Subcontractor), as a contractor of Outside Counsel retained by the Cityof Jersey City (the "City") pursuant to an "Outside Counsel Agreement" dated
_, hereby acknowledges and agrees as follows:
1. All documents and data, including but not limited to fmancial, statistical., personnel,
customer and/or technical documents, owned or supplied by the City to the Subcontractor, shallbe treated as confidential (Documents and Data). The Subcontractor shall take all necessary andreasonable precautions to ensure that the City's Documents and Data are safeguarded. Use of the
Documents and Data is strictly limited to that use necessary to complete the scope of work agreed
upon, which may include disclosure to employees, officers or agents of any subcontractor assistingwith the scope of work. Any other use, and any sale or offering of the Documents and Data in any
form by the Subcontractor, or any individual or entity in the Subcontractor s charge or employ,
will be considered a violation of this Confidentiality Agreement and may result in termination ofthe agreement between Subcontractor and the law firm retained by the City, and the
Subcontractor's suspension or debarment from City contracting. In addition, such conduct may be
reported to the appropriate authorities for possible criminal prosecution.
2. Subcontractor shall be responsible to ensure that all agents and individuals or entities inthe Subcontractor's charge or employ adhere to this Confidentiality Agreement. A breach of
confidentiality by any individual or entity m the Subcontractor's charge or employ will beconsidered a violation of this Confidentiality Agreement by the Subcontractor.
3. In the event that Subcontractor, its agent or any individual or entity in the Subcontractor's
charge or employ receives a subpoena, demand, or other request for any of the City's documentsor data. Subcontractor shall promptly notify the City and shall not turn over any of the City'sdocuments or data.
4. The Subcontractor shall comply with all applicable City and Federal laws that require thenotification of individuals in the event of unauthorized release of personally-identifiableinformation or other event requiring notification. In the event of a breach of any of the
Subcontractor's confidentiality obligations or other event requiring notification under applicablelaw ("Notification Event"), the Subcontractor agrees to assume responsibility for informing all
such individuals in accordance with applicable law and to indemnify, hold harmless and defendthe City and its b-ustees, officers, and employees from and against any claims, damages, or otherharm related to such Notification Event.
5. Upon termination of this Confidentiality Agreement the Subcontractor shall return or erase,
destroy, and render unreadable all Subcontractor copies of City Documents and Data, both physical
and electronic, and certify in writing that these actions have been completed within 30 days of thetermination of this Confidentiality Agreement or within 14 days of the request of an agent of theCity, whichever shall come first.
6. This Confidentiality Agreement shall survive the Subcontractor's termination of thecontract between the law firm retained by the City and Subcontractor or upon completion of the
scope of work related to the City.
Subcontractor/Firm:
By:
Title:
Date:
(REVISED 4/13)CTOEBITA
N.J.S.A. 1^:5-31 e£ s<q[. (PfL. 1975, C. n7}NJ.A.C. 1707
GOODS, PROJFESSEONAL SlSEtVICE AND GKNERAL SERVICE CONTKACTS
During theparfbrxnsncs of this conttaot, th6 contracior agi'ees as fi>U(w$;
The coutraotCM* or sulwoQtrsofort where? applicable, wHl iio6 discclmuaate against any esmptoyee orapplicant for empicytneoit because ofagft, wsv, ci'esd^ coto^ nadonal Ctfi^En, aBceatr^maritaistatus, afSsctional or sexual orienfation, gender ide&tity or expcessiont disability, nsti6jiality orsex. Except with respect to af&ctional or sexual orteatation and gsndei identity or exprwsion,fbs contractoc wiU ensure (IiateqTial employment oppoitUBity is affoi'ded to suclbi applicants in.reciuibnent end cmploytnent, and tliat employfiag are treated during smploiy^wat, wtAout regarfto fheir age, race, creed, color, nattosal origiRt ancesfcy, mflritaj status, afieptionst or sfikualorientation, gender identity or expressioai, dBsabitify, nationslify or sex» Such equal employmeasopportanity shall include, but not be limited to the followmg: employment; upgrading demotion,or tnmsfer; t^cruitment or iscruitmesnt adverfisin® layoff ot tscmiBgHon; satss of pay of otherfarms of+compsn&Bdoa; and sdetstion for teaming, itidudtag apprentieeship, T&e comcaotoragrees to post in ccmspicuous plaoes, availabb to employees and applicants for employswnt,aotlces to be providtsd by the Public Agency CompUsiGC® 0£5cer aetetng forth pjrovisians of thissrondiscrmiinatw.n clause,
The oonfractor os subcoflttactor, wfaece applicable will, in all soKcitatIans or advettigefficnts foremployees placed by or on befaalfof the contractor, state that all qualified applififlirts will receivecoxisideratiton fee employmctttTvit'hoyt regaid to agSt race, creed, color, flational oiigin, ancestEy,marital status, afifeatlon^ or sexual orisiitadon* geadeff identity or exjpfessiQi4 dlsalnltty,Eiationa3ityorscx>
The corrtractar or subcontcactoi: will send to sach labor union, with wiiich it Iias a codEcctrrebargaining agreement, anatice, to be provided by the sgancy conttacting o£Swr, advislttg thelabor union oftiie contraiitor^ conynitoienta Hndw fhxs chapter And s'hall past copies of the noticeitlflC
T&s contractor or subcontractor, vAers applicable, agtee$ to comply with anyrsgu!ationspxomdgated ^jy the TTeasurecpursuant to NJ'.S^A* 10:5-31 st scq^ as amended andsupplctnented j&om fimfl to time and (h® Amedcans with Disa&iKties A^
Th® conteactor or sirtwontc&cior agcss? to malffi good feEth cfforte to meet targeted <M?untyftmploymwrtgoals estabHiihsd xn accordance with NJiA,C. !7:27~S,2.
EXJOTST A ^ContisvsQtiw}
Tha eontractor or aubcontfnetw agrees to Inform Id writing it? stpprapriata recruittrtenE agencies ittcludittg. byf no&limited to» employmetit ageneii^ placemefit Sut'fiftus, cotlegesi universities, ami EaEior uniotiSi that ft does notdfecr&ninate on the basis af ago, tace» creed, color, national odgii), ancestry, mnrital status, afKCticnaS or scsua!orEentatEon, gendor Identity or exprwslon, disabiKfy, natEon&Itty IM' sex, and t&al it m([ dt'scontt'nufr sh* use of anywctinitment- agency which engagas iri direct w indtrecc ^scriminatoty pc&cttees.
The contMtCtor or CTbcomtractor asrees to revfee any offts twling pfscedyre^ Ifftficwsary, (o assure that allpfsraormet twtirtg fionfomts with the priiKapIu ofjob"p?tated testtngi a? estabitshed by tbc statutes and courtderisions oftlio Slate ofN<w Ivissy and as ratabflshed by appiieabte Fedcrel law and sppti&ablc Federal courtdecision?.
In confbnntaB with tha targclcil employment goaisi She contractor or subcootractar agcecs to review aS pnroeduresrelating to tfanyfer, vpgwKn^, (tftwnstadfoa atid feryoffio onauto tfest &!{ tttch actions Ari faifcen withoct rtgard toagfl, race, creed, c&tor, nationat origiit, artcestry. marital status, afftctEcnai orseicosl orIoitaEion, gender idantEty ors?cpres5to^ djsabiltty^ Dattonattty or t»f, congiaumt ^(h the stattites and court deciatons of the State of New Jore&y,and applicftbtfl Fcdecal laft and SjipIicBble Fsdsral court decisions-
Tiio wnhHctar s^sll submit to (he pulilic agency, after noyficatron of award but pFtor ro <a;ecuh'ofl flfag9<^ stsiservicfta contraet, one of the foj[p\vip$ tlirec doeuro?)ite:
Letter af Federal ARTrmatlvc Action Ptan Approvsl
OerttjRcatpgfEmpioyee Infonnathm R<;pd>t
Employee Infenoation RfiportFona AA302 ^alectTomcalfy provided by Ae DMsnm siid4fetribyled to thepublic agsnsytticoygh the DtvisWs wcb»ife at xy.vw.afaia.nt.iB/hxtftsunf/coRfracl compliance
thg flontt-acttffAnd its n»6ooitttactow shell furaisli such report's or other documents to ffie DMsiort QfPycehftse A.Property, GCAU, EEO Mottitoring Pro@tttn 6s may be requesied by the office fi'om time to ttma IT] wcfer to cartyout (he purposes ofEhesa regubrions. and publla ascflcies shall fUmtih such ^fenttatlon as rtiay lie icqUBsted by theDivfrign of PurchaaeA Property, CCAU, EEO Morlitaring Prosrem for conductiog a complianoi Sniwtteatiottpursuant to Subchapteif 1Q of the Admiautrqlive Code at NJ*A.C W7,
Sssoey City Oj'dinasica 0^829 fstablishcs a ?QaI ofawacding 20% oftbs d&Jlar amount oftotaicity pxacaremenf to minoritfy and womaa pwaed businpss snteiprlses.
To assist us in monitoring OFW achisverasiri oftHs goal, please m<iicatA below whethet yowcompany is or is not a mlnoi'ky wmed s^w •wsmaa owaed busjbiess, and rstum t&Es &mii 'wthyour bid pr&ptisal.
Minority Bin tness BHtarpdw means a bua&ws witfch. is B solo preprloicrglitp, partTRraiiIp fl(f corporatioa at JMst51% ofwfo'rib is owned afld contr&Ued t/y pacwint •»Yho iura Afeican Afficricatit Bttpsni'c, A<feti Aaerfcan, AmerlMp.£t)dim or Absfem native, de&t6<f jwiOHow;
AEriCAa Amerfcsnr a peisop 6Bving sri^is la aaiy ufaic bhck raefal gFOUpB ofAfiic^
ffiBpfltiicj ftpnTOPOfMls^caii,FBCTtQR!wn^C<n^lorSouthAmeric^^o^roon-Ecrops^^BjniIshcutetrs or origut raffarflfl.ss <?f race.
Aataat a person having origins m say aS&a arig&ial psoples qf aie Jfar Haet, South East Aasa, Indisattibconflheit^ VEwsSi w tha Pactfi» Jsfands.
Amerirtn Jftfffan or AtfltSna Nattvc: a persoa liaving origKis in aiy offfie orjgbial peoples of NorthAmcriicaaad who A^nt^an cutfairtl iiteiEtScatfon t&iough &r2rtl afHIralIan or conuiumity irecogaitton.
Woman Busia&is Enterprise
Womua Surin??? Entetprise mcsna ft Iinsinflsa w&idi w A solo praprietot^itpf'patf'Bs^tlp Sr goipaialLsn ai feast 51%afw&ich is ownul and cocftultcd by a woaw or women.
Jersey City QFdaiaQa& C-829 astablisihes a^g| of&^arding 20% oflfee dollaii: aiziountffftofetla^proGiuisroentto Biinon'iyacdiwomsn owoed busiacss etsteiprises, . -
To asstseus jaiQQorfoting ouc achie.vfiroeat oftfais goal^pfe&ss m^ioate below w^e&esr 3;(?ur 'company is or is not a miaorify owned aaey&r woman awtiffid b'usiness, anci rofcro &jts fomi wifhyoucbidpfOjposftL' . .,
Mtaori^ BuricftssEafcipriB'a iscaus fcbusmcss whfoh^'s s. sols pTopriaifltshIp, pBitoK^ilp o/ corpQnatian at I&ast5 W afwMcfa is owwd and cffltt?lleil Sg; pEnaos whb arB Afiican Aniericant^IspaniCt Asl&n Affioricaa, Amflrit»n
A&^caft ArafiriaBtt; a pdrwo fiflvfag origtns In aBy ofthfl bfacfcs?iy gpaups ofAfi'Ic&
fflspantcf a pft-ton ofMerica^ Puerto Kicais, Cflntral or Sou& AroeTlcsB or otiieir non-Burdpoan Spaniah• cufeun or origin regartiless Qfracy.
is in any aft&ftOrteifisi p&cpics afEfw^srEast, SouftgastAsia. IndKaaybconftwi^.KBWiUorAsiPacafiaIsIflnde. ° -. ' •' ^
- American XndiftQ or Ateakara NfttivB: a pcreoti Slaving orlgina » Any afifae griginsl jiaopiw-ofNoa-ihAmerfca. and wfta nndrttaing caltatsi tdoRttficaSoa ferough Sribal afiRKation or (icmBranityreco^ittign* r ' ,
Woman BifirineisSateppriae . , . , '^
Wffl^Bushflit^tei^ftiWjBUft^Bbusiceui.wMrih >a a aote proBrisfashipt psrtngrehtp or corporation atieast^l^. ofni&NtiBOTHtfidandcontreUfidbytiworaanorwomsti,
STATC OF NEW JERSEY 'MV COMMISSION EKPIRES UAV 1 Sr, 20£0
, . . ilt*PurstiaotioSectJton2ofQrdinsccs08-t28,»i<?coiitributionaor50licifatiotiof . .'contributions made prior to tiw ftfctive data Ordinance OS-128 (September ?3,2008)shaU be deemed to be A violafioa of the Ordinanoa.
BUSINESS ENTXWmSCLOSUEE CEKTIFICATION. FOR NON-MH AND OPEN CONTRACTS
.Required Puasmmt To NJ.SA.,19:44A-20.S
Part I -Vendor AflRnrtfttfoa
The uadeaigned, being {lutiaouacd uid koDwlec^safolfi o? tfa.e dreumataaecs, docs hereby cecti^ diAt: &.e <pdcM sfbu^inwcj!Siy> has not: mndft fl&d -will not make any ccpottsb!<s coatttbfltiotis putsuant to N.J.S.A- t'9:44A-l d; se^, &at, puauaat to
P.L, 2004, c, 19 -would bar tha atwd of this co&ttactitt die oac yau period pceccdhg (!&» sf award jc&sslu&d for apfTotfaf of dsffri&usf &y rf?jEpMmrog As^J to Bty of tifcus &3Howittg Ufuued CTadidata coTOnaittec, jomt caiididates comnuttee; 01: po-Uticalpar^coimauEte&wprttcafctng&e elected offid&lfi offeis <ff(W<^^^'^;ri^fg^?ai3&>asdefiuedgut'6U!tfattoNJ,SA,1EWA-3AA <q) and fr).Steven Fulpp foe Mayor 201? Mixa Prina-Aiey for CouncilLavarro for Coimcilnacaa Friends of Richard Boe^iaaoFtiecida of Joyce Wattcanaa Michael Ynn foe CouncilPttcnds ofDftiuelRiveta Solomon &y CoimcxlRidl&y for Coancil Prifi&ds ofjetmaitie Eobmgdn
Part II — Owtictship Disdojsuce Cettification
I csrriiy that the list bdvw contsifis ffac; Eiamci and home addressui ofaUofwawi J'loldmg j 0% ac mots of the lasu.edand outetandin^ stocfc of th*uudcr5igDfid.
Check th.e box Aat represents the type ofbwi^iess CTAhyt
?armcrship UCo.trpora.rioa LJSoleProprietoiship USubchAptei; S Corpoiadoa
The undccsigaed is fully awata Chat if I hws miarepresent&d lu trfiois OE pnri: diis flffirma.feton imd cetriScdlioA,and/CEC the bvsiness earity, will be Uabls for acy psaaltf ^lyuuttad tmdcc kw.Name ofBusiaeK J&CTity /« /'hfJ-^O /ir1}nrtn^m^_ ^L^L-Sigaafcucc ofAf5imt__^///[^^^'U^ ,^-^ ridc^ ._^_Q^jy^^
STATE OF NEW JERSEY.MY COMMISSION EXPIflES UAY ^8/2020
^_^-_CTOmttfi^d o£ftttMted1ii^
<ScaI)
w later &aa IB days priorto the award afthe c&ntracfc
Part I - Vendor Information•Vendor Name: </-oo ^- ^Qnoh^^ .l-^r-~.Address: ^2.2. ^.Qi ^ P^r^- fi^^
State: ' k}'-9^\W^ Q^J& -T- ISp: n7-or^
The undecBigned bcag autfaorized to cartifir, hare^ cerfifies that ac submfasiou pitivfdcd hptein representsQoropHancc with fhc provisions ofNJ.SA. 19:44A-20.26 and as TCprcsented by the Izistractions accon^asymg ti'iisfbno.
Sifinature/ tw\/Mjn M.' D^io^i ^€/
Printed Name Jllidli
Tide
Part It - Contribution Disclcsure
Disclosure rsqujrement: Pursuant to NJ.S.A. 19:44A-20.26-£his disclosure must iacludc all rcportabtepolitical contributions (more tel $300 per slection eycls) over ths 12 mo-nfhs pnor to submission to fhecommittees of the govcmmeat eotities listed on £bft fonn provided by the local unit
D Check &ere if disclosure is provided in fllcGiionic fbrru*
Contributor Name
A/f^f\/f?
^
Raclplant Namfl
^7/^y^
7f
Sate
^o/f^F-
J^
Dollar Amount
s__...__..•
Jf}^/£Z
Jt
[_] ChsscSa here if the iafoizaation is contmu-?d on subsequent pBge(s)
Ksquiied Pmsu^at To ^.XS.A, 1 9:44A"20^6
Paee^. pf_ ^
Vendor Naxoa;
Contributor Mama
^T)A}f^
A
_RcclplBnt NaEn&Ajsy\) ^
z]
Datef^r\fUB'
Dollar AmountS A//WS-
A
Check here ift]bis iEnfomiadon is cQntiruied oa sabsfiquentpag^s)
Taxpayer ldenliFicatior.#
Dear Business Representative:
Congratulslfans! You nrs now registersd with ihe New Jersey Division of Revenue.
Use the Taxpayer tder.tification Number iisled above on all correspondence with the Divisionsof Revenue and Taxat on, as wel! as with the Department of labor (if the business is subjeclto unemployment withholdings]. Your fax returns and payments win be filed under this number,and you will be able ID access information about your account by referencing it
Additionally, please ni^e Jthat State law requires all conlrsctors and subcontractors with Publicagencies to provide proof of their registration with Ihe Division of Revenue. The law also amendedSection 92 of the Casho Contra) Act, which deals with Ihe casino service industry,
We have attached a P-oofofRegislralron Certificate for your use. To comply with the law, if you arecurrently under contracl or enlsring into a cantracl with a Stats agency, you must provide a copyof the certiHcate to the' contracting agency.
If you have any queslisns or requErs more information, feel free la call our Registration Hotline al(609)292-9232. . • •
I wish you continued success in your business endeavors.
1- .Sincerely,-
James J. FruscloneDirectorNsw Jersey Division ofRsvsnus
•'•i^f--if-:- \.' ''1'- '•-'•',! '^y^ f ••-^•t '-',\ ^^ ?
1 . -f
^
City Clerk File No..
Agenda No.
Approved:.
TITLE:
Res. 18-517
10. Z. 19
RESOLUTION AWARDING A PROFESSIONAL SERVICESAGREEMENT TO FUtEWORKS BY GRUCCI, INC., FOR AFmEWORKS DISPLAY ON JULY 4, 2018 NEAR EXCHANGEPLACE
COUNCIL
of the following resolution:
offered and moved adoption
WHEREAS, the City of Jersey City (City) requires the services of Fireworks byGrucci, Lie. (Crrucci) to present a fireworks display of approximately twenty to twenty-two
minutes commemorating Independence Day as part of the City's Freedom and Fireworks
Celebration on July 4 event to be held at Exchange Place; and
WHEREAS, pursuant to N.J.S.A. 40A:11-2(6) professional sei-vices mclude
services rendered in a the performance of work that is original and creative in character m
a recognized field of artistic endeavor; and
WHEREAS, it is not practical to solicit quotations because of the creative andartistic nature of these services; and
WHEREAS, these services qualify as professional services exempt from publicbidding under the Local Public Contracts Law,N.J.S.A. 40A: 11-1 et se_q^; and
WHEREAS, Orucci is qualified to perform these services aud submitted aproposaldated April 3, 2018 mdicating that it will provide the services for a total contract amountnot to exceed $135,000; and
WHEREAS, the City is acquu-mg these services directly and openly as a statutorilypermitted contract pursuant to the provisions ofMJ^S.A. 19:44A-20.5 (Pay-to-PIay Law);and
WHEREAS, the Director of Cultural Affairs has determined and certified mwriting that the value of the contract will exceed $17,500.00; and
WHEREAS, Gmcci has completed and submitted a Business Entity DisclosureCertification which certifies that Gmcci has not made any reportable contributions to thepolitical or candidate committees listed in the Business Entity Disclosure Certification, inthe previous one year and that the contract will prohibit Gmcci j&om making any repbrtablecontributions during the term of the contract; and
WHEREAS, Grucci has submitted a Chapter 271 Political Contribution DisclosureCertification at least 10 days prior to the award of this contract; and
No.
WHEREAS, funds in the amount of $135,000 are available in Account; and
WHEREAS, the resolution authorizing the award and. the agreement itself must beavailable for public inspection; and ,
NOW, THEREFORE, BE IT RESOLVED by fhe Municipal Council of the City ofJersey City that:
1. Subject to such modifications as may be deemed necessary or appropriate byCorporation Counsel, the Mayor or Business Admmistrator Is authorized to execute the
Continuation of Resolution
City Clerk File No.
Agenda No.
Pg.#Res. 18-517
10.Z.19
TSTLE:
attached agreement with Fireworks by Gi-ucci, Inc. for providing a &eworks display onJuly 4, 2018 near the Exchange Place coastline in connection with the City's July 4thFreedom and Fireworks Celebration; and
2. The total contract amount for these services shall not exceed the sum of $135,000;
and
3. ^ This agreement is awarded without competitive bidding as a professional services
agreement under the Local Public Conti-acts Law.NJ.S.A. 40A: 11-1 etseg.; and
4. A copy of this resolution will be published in a newspaper of general circulation inthe 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 fhe Affirmative Action Amendments
to the Law Against Discrimination, NJJLAi'10;5-l et seq.; and
6. The Business Entity Disclosure Certification, Chapter 271 Political ContributionDisclosure Certification, and the Determination of Value Certification attached hereto and
incorporated herein by reference shall be placed on file with this resolution.
I hereby certify that funds m the amount of .$135,000.00 are available in AccountNo.:_for payment of this resolution.
JMcKDraftI-5/ll/201B
Donna IVtauer, Chief Fmancial Officer
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required D
COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
Not Required aAPPROVED
RECORD OF COUNCIL VOTE ON FINAL PASSAGE_ _ __5_^23^AYE NAY N,V, COUNCILPERSON
YUN
SOLOMON
ROBiNSON
AYE NAY N.V.' COUNCILPERSONRIVERA
WATTERMAN
LAVARRO, PRES
L8_AYE NAY N.V,
/ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N,J.
N.V.-Not Voting (Abstain)
Rolando R. Lavarro, Jr., President of Council Robert Byrne, City Clerk
City Clerk File No.
Agenda No.
Approved^
TITLE:
Res. 18-518
10.Z.20
RESOLUTION OF THE CITY OF JERSEY CITY SUPPORTING THE CONTINUED LOCATIONOF THE KATYN FOREST MEMORIAL AT EXCHANGE PLACE
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, the Officer Corp of the free polish Army, who had bravely and tenaciously stoodin the path of the Nazi onslaught in defense of Polish Independence, were taken prisoner bythe Russian Army only to be subject to mass execution and burial by the Russian Army inthe Katyn Forest in 1940; and
WHEREAS, the Polish American Community and the citizens of the City of Jersey Citywished to honor the memory of those brave soldiers in addition to the civilians who alsoperished and to erect a monument in their memory; and
WHEREAS, the City of Jersey City adopted a resolution in 1989 to establish a public plaza at
the southerly side of Exchange Place opposite the Path Station Exchange Place near wherethe Katyn Forest Memorial was ultimately set down; and
WHEREAS, as the result of recent proposed plans for the public use of the plaza, there aremembers of the public who wish to move the monument to adifferent location; and
WHEREAS, given the long standing presence of the Katyn Forest Memorial at the presentlocation, and the prominence of the site, any relocation must be vigorously opposed.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City inthe Katyn Forest Memorial shall permanently remain in its present location at the foot of
Exchange Place.
APPROVED;
APPROVED:
APPROVED AS TO LEGAL FORM
IBusiness Administrator Corporation Counsel
Certification Required D
Not Required aAPPROVED
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE NAY N.V, COUNCiLPERSONYUN
SOLOMON
ROBINSON
AYE NAY N.V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
AYE NAY N,V,
/ Indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Rotando R, Lavarro, Jr., President of Council Robert Byrne, City Clerk
City Clerk File No.
Agenda No.
Res. 18-519
10.Z.21
RESOLUTION AUTHORIZING THE EXECUTIONOF AN AGREEMENT WITH THE EXCHANGEPLACE SPECIAL IMPROVEMENT DISTRICT FORTHE PROVISION OF FUNDS TOWARDS THEPROCUREMENT OF CARNIVAL RIDES DURINGTHE FREEDOM AND FIREWORKSCELEBRATION ON JULY 4, 2018 NEAREXCHANGE PLACE.
COUNCIL
of the following resolution:
offered and moved adoption
WHEREAS, the City of Jersey City (the "City") requires the services of a vendorto provide carnival amusements as part of the City's Freedom and Fireworks Celebration
on July 4 event to be held at Exchange Place; and
WHEREAS, the Exchange Place Special Improvement District (the "SID") ispartnering with the City in the production of the City's Freedom and FireworksCelebration on July 4 event to be held at Exchange Place; and
WHEREAS, the SID has agreed to share the cost of the procurement of carnival
amusements; and
WHEREAS, in. accordance with the Local Public Contracts Law, N.J.S.A.
40A: 11 -4.1 (]), the City issued Requests for Proposals ("RFPs") that requestedcompetitive bids from vendors to provide carnival amusements on January 5 and
February 1,2018; and
andWHEREAS, the City did not receive any responses from vendors to the RFPs;
WHEREAS, the SID constitutes a Contracting Umt as defined in N.J.S.A.40A: 11-2; and
WHEREAS, pursuant to NJ.S.A. 40A:11-5(3), any contract the amount of which
exceeds the bid threshold, may be negotiated and awarded by die governing body withoutpublic advertising for bids and bidding therefor and shall be awarded by resolution of thegoverning body if bids have been advertised pursuant to NJ.S.A. 40A:ll-4 on twooccasions and no bids have been received on both occasions m response to the
advertisement.
Continuation of Resolution
City Clerk File No.
Agenda No.
TITLE:
Pg.#Res. 18-519
10.Z.21
RESOLUTION AUTHORIZING THE EXECUTIONOF AN AGREEMENT WITH THE EXCHANGEPLACE SPECIAL IMPROVEMENT DISTRICT FORTHE PROVISION OF FUNDS TOWARDS THEPROCUREMENT OF CARNIVAL RIDES DURINGTHE FREEDOM AND FIREWORKSCELEBRATION ON JULY 4, 2018 NEAREXCHANGE PLACE.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City ofJersey City that:
1. Subject to such modifications as may be deemed necessary or appropriate byCorporation Counsel, the Mayor or Business Adnumstrator is authorized to execute the
attached agreement with Exchange Place Special Improvement District that authorizes
the provision of $39,900 of City funds to the SID for the procurement of carnivalamusements.
2.
andThe total contract amount for these services shall not exceed the sum of $39,900;
3. This agreement is awarded without competitive bidding as authorized by NJ.S^A.
40A:H-5(2>(3); and
I hereby certify that funds in the amount of $39,900.00 are available in Account
No.;_ for payment of this resolution.
Donna Mauer, CMef Financial Officer
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator CorporationCounsei
RECORD OF COUNCIL VOTE ON FINAL PASSAGE 5.23.18COUNCILPERSONRIDLEY
PRINZ-AREY
BOGGIANO
AYE NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE NAY N,V, COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES
AYE NAY N.V,
/ indicates Vote
Adopted at a meeting of the Municipal Council of the City of Jersey City N.J.
N.V-Not Voting (Abstain)
Rolando R. Lavarro, Jr,, President of Council Robert Byrne, City Clerk
City Clerk File No.
Agenda No.
Approved:_
TITLE:
A RESOLUTION COMMEMORATING THE DEDICATIONOF THE PATRICK MANGINI MEMORIAL GARDEN
COUNCIL AS A WHOLE Offered and Moved for Adoption the Following Resolution:
WHEREAS, Patrick Mangini was a lifelong resident of Jersey City, New Jersey, a graduate of St. John's Law School, andwas admitted to tlie bar in both New York and New Jersey; and,
WHEREAS, Patrick Manginl was a public housing social worker in New York City, spending his life advocating for thosewho were less fortunate; and,
WHEREAS, Patrick Mangini was a student of history who loved to do research, whlcli provided much of the historicalinformation used to develop the history of Jersey City's Pershing Field. He also worked with the Hudson CountyGenealogical & Historical Society in providing genealogical information to many people conducting family research; and.,
WHEREAS, of all his contributions to his community, perhaps the most lasting are those as a member and a dedicatedsteward of Pershing Field Garden Friends, as many of the gardens there today are a direct result of Patrick Mangini'splanting, care and maintenance; and,
WHEREAS, in October of 2013, Patrick Mangini died rather suddenly from an aggressive cancer. In the summer of 2014,the Pershing Field Garden Friends held a memorial service for Patrick Mangini attended by his neighborhood friends, parkpersonnel, and his family, who were so overwhelmed with the outpouring of admiration for their brother and uncle that theywere compelled to make a generous donation of $40,000 to help in the continued beautification of the park; and,
WHEREAS, with that money, the Pershing Field Garden Friends created the Patrick Mangini Memorial Gardeu,designed using the pfants that Patrick Mangini had rescued and plants native to eastern North America, designed to providemore food to native butterflies and bees, greater resilience in the face of the changing climate, and require lower maintenancethan the lawn that they are replacing; and,
WHEREAS, the Patrick Mangini Memorial Garden project will comroence by fall of 2018 and be completed in 2019.
NOW, THEREFORE, BE IT RESOLVED by the Members of the Jersey City Municipal Council that the life of PatrickMangini is hereby commemorated, and that the Patrick Mangini Memorial Garden will inspire visitors to Pershing Fieldto reflect on Patrick's life, his contributions to the community, and the importance of environmentalism for years to come.
APPROVED ^RECORD OF COUNCIL VOTE ON FINAL PASSAGE _^/Z-i/lK_
AYE
z^~T.
7~
NAY N,V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE~/~_~7~
~7~
NAY N.V. COUNCILPERSONRIVERA
WATTERMAN
LAVARRO,PRES,
AYE~T~^~T
-0
NAY N,V,
Vindicates Vote
Adopted at a
NV.-Not Voting (Abstain)
pf the IVlunicipal Council of the City of Jersey City N.J.
Rb!and^ R. Lavarro, Jr,, President of Council Robert 6yme, City C\fi/
City Clerk File No.
Agenda No.
Approved:
TITLE:
Res.18-521
10. Z. 23
MAY 2 3 2018
A RESOLUTION AUTHORIZING THE MUNICIPAL COUNCIL TtHOLD A CLOSED SESSION ON MONDAY, JUNE 11, 2018 AT 5 P.M. TODISCUSS MATTERS WITHIN THE ATTORNEY-CLIENT PRIVILEGERELATED TO THE AWARD OF A PROFESSIONAL SERVICESCONTRACT TO THE LAW FIRM OF ARLEO & DONOHUE, LLCREGARDING THE COORDINATION OF CERTAIN DISCOVERYREQUESTS
COUNCIL offered and moved adoption of the following Resolution:
WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:5-1 et seg, ("Act"), authorizes the
governing body to hold a closed session to discuss pending litigation and/or matters within theattomey-client privilege; and
WHEREAS, the Act requu-es that this closed session be authorized by Resolution and thisResolution shall indicate when the minutes of the closed session will be released to die public;and
WHEREAS, the Municipal Council wishes to discuss matters within the attorney-client
privilege related to the award of a professional services contract to the law firm of Arleo &
Donohue, LLC regardmg the coordination of certain discovery requests; and
WHEREAS, the Municipal Council wishes to to hold a closed session to discuss this proposedcontract.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of JerseyCity that:
1. In accord with the Open Public Meetings Act, a closed session of the Council shall be
held at 5 P.M. on Monday, June 11, 2018, prior to the regularly scheduled MunicipalCouncil Caucus Meeting planned for that date, to discuss matters within the attomey-
client privilege related to the award of a professional services contract to the law firm ofArleo & Donohue, LLC regarding the coordmation of certain discovery requests; and
2. the minutes of this closed session shall be released to the public at a later date when the
Corporation Counsel deems that the legal interests of -the City of Jersey City will not beaffected by such release.
APPROVED ?-oRECORD OF COUNCIL VOTE ON FINAL PASSAGE R./'JI/IH
AYE
JH/-
/
NAY N.V. COUNCILPERSONYUN
SOLOMON
ROBINSON
AYE
~z_z"~T
NAY N.V. COUNCILPERSO'N"'
RIVERA
WATTERMAN
LAVARRO, PRES.
-AYE
.z:~7~-~~7~
NAY N.V,
Adopted at 9 meeting of the Municipal Council of the City of Jersey City NJ.
1.^Rrflandb'ft, Lavarro, Jr,, President of Councii Robert Byme, City Ole
Ees. 18-522
10.Z. 24,
City Clerk File No.
Agenda No.
Approved:.
TITLE: A RESOLUTION RECOGNIZING THE GLOBALSOCCER ACADEMY 2006 BOYS ON THE OCCASION OFTHEIR VICTORIES AT THE GRAOULLY CUP TOURNAMENTIN FRANCE
COUNCIL AS A WHOLE Offered and Moved for Adoption the Following Resolution:
WHEREAS, Global Soccer Academy (GSA) opened in Jersey City in 2014 to compete wifh highly successfulsuburban New Jersey youth soccer leagues, and offers programming for boys and girls starting at age 4; and,
WHEREAS, In April 2018, it was announced that the GSA 2006 Boys team had been selected to compete inFrance at the Graoully Cup, a multi-day tournament featuring 64 teams from all over the world, many from
professional and elite European soccer academies. The GSA team was the first American team ever admitted to
compete in this tournament; and,
WHEREAS, almost immediately upon their arrival in France on May 17, 2018, the GSA team faced off in afriendly match against AS Montigny-les-Metz, achieving a 7-2 victory, foreshadowing victories to come; and,
WHEREAS, the Graoully Cup matches commenced on Saturday, May 19, and. GSA competed in seven 15-
minute games, scoring theh' first goal of the tournament against Sarreguimines FC, and ultimately winning five
of the seven matches, securing a spot in the "Elite Round"In the second day of competition; and,
WHEREAS, in the Elite Round of competition on Sunday May 20, GSA competed in three matches and wonagainst OGC Nice and Olympique Marseille, allowing them to advance to the final round of competition and playat Stade St. Symphorien with its immaculate carpet-like grass, voted second best field m France; and,
WHEREAS, in this final round, GSA was ultimately defeated by RFC Seramg, but had done well enough tofinish 9 place in the GraouUy Cup overall, earning recognition and respect from their rivals; and,
WHEREAS) the members of the GSA 2006 Boys team who competed in the Graoully Cup are Christoper Trias-Barbosa, Daniel Vales, John Carey, Kayden Grave, Matthew Salameh, Nicolas Trias-Barbosa, Thierry de Souza,
William Santomauro, Zidane Yanez, led by team captains Joseph Salameh, Sameer Majid, and Christian Fereira,
and coached by Karim Saidi M^azarou and Nicholas Hilt;
NOW, THEREFORE, BE IT RESOLVED by the Members of the Jersey City Municipal Council that theathletes and coaches of the GSA 2006 Boys team are hereby recognized and congratulated for their 9111 placefmish in the 2018 Graoully Cup, and all the hard work they did in order to get there.
APPROVED:
APPROVED:
APPROVED AS TO LEGAL FORM
Business Administrator Corporation Counsel
Certification Required n
COUNCILPERSONRIDLEY
PR1NZ-AREY
BOGGIANO
Not Required a£l-o
RECORD OF COUNCIL VOTE ON FINAL PASSAGE S/9t/1R_AYE
z:~T.
~T
NAY N.V. COUNCiLPERSONYUN
SOLOMON
ROBINSON
AYE
~z_'7~
"7
NAY N,V. COUNC1LPERSONRIVERA
WATTERMAN
LAVARRO,PRES.
AYE
z:~T.~T
NAY N.V.
/ Indicates Vote
Adopted at a meeting 9J:,the Municipal Counci! of the City of Jersey City N.J.
N.V.-Not Voting (Abstain)
Rola;fido\B/ Lavarro, Jr, President of Council Robert Byrne, City C^Fk
