Title
Dept/ Agency: Police
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: EUS Contract
Purpose: To prepare applications and participate in the applicable Federal Communications Commission (FCC) and Regional Planning Coordination (RPC) process to obtain the required licenses for the Newark Police Department 700 MHz system.
Entity Name: V-Comm, L.L.C.
Entity Address: 2540 US Highway 130, Suite 101
Cranbury, New Jersey 08512
Contract Amount: $29,700.00
Funding Source: Police Department
Contract Period: September 1, 2014 through August 31, 2015
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. (X) EUS
( ) Fair & Open ( X ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, the Newark Police Department is in need of a consulting service to prepare applications and documentation needed to participate in the applicable Federal Communications Commission (FCC) and Regional Planning Coordination (RPC) process to obtain the required FCC licenses and RPC approval for the Newark Police Department 700 MHz system; and
WHEREAS, the nature of the work to be performed is consulting services to review, study, perform field testing, and prepare necessary applications to attain available FCC 700 MHz frequencies; and
WHEREAS, the frequencies are needed to enhance the Police Departments communications capabilities by increasing coverage, capacity, and providing interoperability with multiple agencies. The addition of these frequencies will provide more efficient police services and increase the safety of both the police officers and the citizens of Newark; and
WHEREAS, the consulting service qualify as an Extraordinary Unspecifiable Services as the services are specialized and qualitative in nature requiring expertise, experience and proven reputation in the field of endeavor, in this instance the field of radio licensing, design and compliance with federal regulations. More specifically, the effective and efficient provision of telecommunications, radio licensing, and design, and the ability to understand the operations of, and work with, the requisite governmental commissions and agencies needed to provide those services, go far beyond any type of simple measurement and analysis of data. In order to make appropriate decisions regarding planning and needed actions in those areas, judgments must be applied to any such measurement and data analysis, and it is critical and essential that such judgments be informed by the input of experts who have extensive training, experience and proven reputations in the relevant fields of study; and
WHEREAS, V-Comm, L.L.C., because of the highly specialized nature and variability of the study process and implementation as described above, fills the role of providing the study, development, coordination and management in obtaining radio frequencies. This is a skill which V-Comm, L.L.C., has developed through extensive experience, and is exemplified in the qualifications of this consultant; and
WHEREAS, the Director of the Newark Police Department desires to enter into a contract with V-Comm, L.L.C., 2540 US Highway 130, Suite 101 Cranbury, New Jersey 08512, for the provision of Extraordinary Unspecifiable Services in the form of consulting services for an amount not to exceed Twenty-Nine Thousand Seven Hundred Dollars and No Cents ($29,700.00), for the period commencing September 1, 2014 and terminating on August 31, 2015; and
WHEREAS, the Assistant Business Administrator and the Director of the Newark Police Department have determined and certified in writing that the value of this agreement will exceed $17,500.00; and
WHEREAS, this Contract is awarded without competitive bidding as an exception to Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(ii), Extraordinary Unspecifiable Services; and
WHEREAS, Local Public Contracts Law N.J.S.A. 40A:11-1, et seq. requires a Resolution of the Governing Body authorizing the award of contracts for Extraordinary Unspecifiable Services and further requires that the contract itself must be 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, V-Comm, L.L.C. has completed and submitted a Business Entity Disclosure Certification which certifies that V-Comm, L.L.C. has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and the contract will prohibit V-Comm, L.L.C. from making any reportable contributions through the term of the contract; and
WHEREAS, the Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter "Pay-to-Play Executive Order"), which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract and this vendor has certified that he/she has not made a reportable contribution in violation of the Executive Order or the State Pay-to-Play Law N.J.S.A. 19:44A-20.5 and will not do so during the term of this contract, which would constitute a breach of contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designees, the Business Administrator, and the Police Director, are hereby authorized to enter into and execute an Extraordinary Unspecifiable Services contract with V-Comm, L.L.C., 2540 US Highway 130, Suite 101 Cranbury, New Jersey 08512, for the provision of consulting services to prepare applications and participate in the applicable Federal Communications Commission (FCC) and Regional Planning Coordination (RPC) process to obtain the required licenses for the Newark Police Department for the 700 MHz system for the period commencing on September 1, 2014 and terminating on August 31, 2015, for an amount not to exceed Twenty-Nine Thousand Seven Hundred Dollars and No Cents ($29,700.00).
2. The Municipal Council ratifies this contract from September 1, 2014 to the date of adoption of this resolution.
3. The Contract is awarded without competitive bidding as an exception to Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(ii) Extraordinary Unspecified Services.
4. Attached hereto is a Certification of Funds in the amount of $29,700.00 which states that there are available legally appropriated funds for the purpose set forth hereinabove required by N.J.A.C. 5:30-5.5(c)(1). The Acting Chief Financial Officer's Certification shall be filed along with the original resolution in the Office of the City Clerk along with the executed contract in the Office of the City Clerk.
5. This contract is subject to the availability and appropriation of sufficient funds in the year in which it takes effect. N.J. Admin. Code 5:30-5.5(e). Funds for this contract in the amount not to exceed $29,700.00 shall be provided from the City of Newark/Police Department Budget.
6. The Determination of Value is attached and shall be filed with the Office of the City Clerk.
7. V-Comm, L.L.C. has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the City Clerk's Office, certifying that V-Comm, .LL.C. has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and the contract will prohibit V-Comm, L.L.C. from making reportable contributions through the term of contract.
8. This Contract is awarded pursuant to the non-fair and open procedures of the Pay-to-Play Law (N.J.S.A. 19:44A-20.5), pursuant to the provisions of the Local Public Contracts Law to N.J.S.A. 40A:11-5(1)(a)(ii, is in compliance with Executive Order MEO-07-0001, effective March 31, 2007 and Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012.
9. There shall be no amendments or changes to this contract, unless in writing, signed by the parties, with approval of the Municipal Council.
10. There shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
11. A copy of the Certificate of Extraordinary Unspecified Services shall be placed on file with the contract in the Office of the City Clerk.
12. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of its passage.
13. A fully executed copy of the contract herein authorized shall be forthwith filed in the Office of the City Clerk by the Director of the Newark Police Department.
STATEMENT:
This resolution ratifies and authorizes the Mayor and/or his designees, the Assistant Business Administrator, and the Police Director, to enter into and execute an Extraordinary Unspecifiable Services contract with V-Comm, L.L.C., 2540 US Highway 130, Suite 101 Cranbury, New Jersey 08512, for the provision of consulting services to prepare applications and participate in the applicable Federal Communications Commission (FCC) and Regional Planning Coordination (RPC) process to obtain the required licenses for the Newark Police Department 700 MHz system for the period commencing on September 1, 2014 and terminating on August 31, 2015, for an amount not to exceed Twenty-Nine Thousand Seven Hundred Dollars and No Cents ($29,700.00).