Title
Dept/ Agency: Administration/Office of the Business Administrator
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Extraordinary Unspecifiable Services
Purpose: To provide Federal Legislative Consulting Services.
Entity Name: Krivit and Krivit, P.C.
Entity Address: 1000 Potomac Street, N.W., Suite 250, Washington, D.C. 20007
Contract Amount: Not to exceed $120,000.00
Funding Source: 2024 Budget/Department of Administration/Fund NW05111, Dept. ID 030, Division 0301, Activity A, Account #71280, Budget Ref: B2024
Contract Period: March 1, 2024 through February 28, 2025, with an option to renew and/or extend the contract for an additional term not to exceed two (2) years, subject to approval by Municipal Council
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. (X) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
This EUS contract will provide Federal Legislative and Consulting Services for the City of Newark, more specifically, to assist the Office of the Business Administrator to maximize Federal grant acquisition opportunities through new and expanded funding programs included in the recently enacted Infrastructure Investment and Jobs Act (IIJA).
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WHEREAS, the City of Newark, Department of Administration (the “City”), wishes to obtain Federal Legislative and Consulting Services; and
WHEREAS, Federal Legislative Consulting Services require specialized expertise; and
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et. seq. (the “LPCL”), a municipality may enter into a contract for the performance of services without competitive public bidding, if the services being procured qualify as extraordinary unspecifiable services; and
WHEREAS, Krivit & Krivit, P.C. (hereinafter referred to as “Krivit and Krivit”) 1000 Potomac Street, N.W., Suite 250, Washington, D.C. 20007, seeks to provide certain Federal Legislative Consulting Services for the City, more specifically, to assist the Office of the Business Administrator maximize federal grant acquisition opportunities through new and expanded funding programs included in the recently-enacted Infrastructure Investment and Jobs Act (IIJA), as set forth in the attached Proposal from Krivit and Krivit; and
WHEREAS, the City’s Department of Administration wishes to enter into a contract with Krivit and Krivit in order to receive the Federal Legislative Consulting Services described above; and
WHEREAS, the nature of the services described above are such that the award of a contract for them is exempted from public bidding requirements as Extraordinary Unspecifiable Services, pursuant to N.J.S.A. 40A:11-5(1)(a)(ii) because the services to be provided are of a specialized and qualitative nature requiring expertise, extensive training and proven reputation in the field of endeavor, and the services cannot be reasonably described by written specifications; and
WHEREAS, the N.J.S.A. 40A:11-5(1)(a)(ii) requires that notice of the award of contracts for EUS without public bidding be published and the contracts be made available for public inspection; and
WHEREAS, the actions contemplated by this Resolution shall result in the award of a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, the Department of Administration has determined that Krivit and Krivit is best qualified to provide the services as an Extraordinary Unspecifiable Service; and
WHEREAS, due to the unique nature of the work performed by Krivit and Krivit, and its experience in providing Federal Legislative Consulting Services, the City wishes to enter into a contract with Krivit and Krivit, with services to commence on March 1, 2024 and terminate on February 28, 2025, in the amount not to exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00); and
WHEREAS, Krivit and Krivit has demonstrated that it is qualified by its training and experience to provide the required services in the manner and on the terms and conditions set forth in the contract; and
WHEREAS, Krivit and Krivit has completed and submitted a Business Entity Disclosure Certification, which certifies that it has not made any reportable contributions to a political or candidate committee in the City of Newark in the prior year, and the contract will prohibit them from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted New Jersey Municipal Code § 2:4-22C.1, which adopted the State of New Jersey's Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts; and
WHEREAS, Krivit and Krivit has not made and has agreed not to make during the term of the contract, any political contributions that would violate: (1) New Jersey’s Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq., or (2) the City of Newark’s Pay-to-Play Reform Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Business Administrator, are hereby authorized to enter into and execute a contract with the Krivit & Krivit, 1000 Potomac Street, N.W., Suite 250, Washington, D.C. 20007 for the provision of Federal Legislative Consulting Services, for an amount not to exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00), with services to commence on March 1, 2024 and terminate on February 28, 2025.
2. The contract is ratified from March 1, 2024 through the date of adoption of this authorizing Resolution.
3. Pursuant to N.J.S.A. 5:30-5.5(a), Temporary Budget, attached hereto is a partial Certification of Funds from the Director of the Department of Finance, which states that there are available legally appropriated funds for the purposes set forth hereinabove, in the amount of Thirty Thousand Dollars and Zero Cents ($30,000.00), in the 2024 Budget under Business Unit: 05111, Department ID: 030, Division: 0301, Account: 71280. The Certification of Funds shall be filed along with the original resolution in the Office of the City Clerk. The remainder of the funding for this contract will be subject to appropriation in the 2024 and 2025 Budgets and included in a line item for the award of this contract and said funds will be certified prior to services being provided by the contractor. There will be no expenditure of funds authorized until a Certification of Funds is obtained and a copy filed with the Office of the City Clerk.
4. The Certification of Extraordinary Unspecifiable Service, as required by N.J.A.C. 5:34-2.3(b), Determination of Value and Business Entity Disclosure Certification are attached and shall be filed in the Office of the City Clerk by the Business Administrator.
5. A copy of the fully executed contract herein authorized shall be filed in the Office of the City Clerk by the Business Administrator.
6. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
7. Krivit and Krivit has completed and submitted a Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certify that Krivit and Krivit has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and their contract will prohibit Krivit and Krivit, from making any reportable contributions through the term of contract.
8. The contract will contain language prohibiting the making of, or solicitation of, any contributions during the term of the contract that would violate New Jersey’s Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq., or the City of Newark’s Pay-to-Play Reform Ordinance.
9. A notice of this action, as required by law, shall be published in the newspaper authorized to publish legal advertisements within ten (10) days of the passage of this Resolution.
STATEMENT
This Resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Business Administrator, to enter into and execute a contract with Krivit and Krivit, 1000 Potomac Street, N.W., Suite 250, Washington, D.C. 20007, for the provision of Federal Legislative Consulting Services, for an amount not to exceed $120,000.00, to commence on March 1, 2024 and terminate on February 28, 2025.