Title
Dept/ Agency: Finance
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide Financial Advisory Services
Entity Name: NW Financial Group, LLC
Entity Address: 522 Broad Street, Bloomfield, New Jersey 07003
Contract Amount: $350,000.00
Funding Source: Bond Proceeds
Contract Period: September 1, 2024 to August 31, 2025
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( X ) Fair & Open (X ) No Reportable Contributions (X ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Vendor to be paid from Bond Proceeds. No Certification of Funds required.
body
WHEREAS, the City of Newark (“City”) is in need of financial advisors to counsel and assist the City of Newark with regards to bond and note issuance, sales and auctions, and other financial matters; and
WHEREAS, such financial advisors are part of a highly regulated financial industry, licensed by various regulatory authorities; as such, those services are professional services, excluded from the requirements of public bidding pursuant to the Local Public Contracts Law, more specifically, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the City advertised a Request for Proposal (RFP) for Financial Advisory Services on July 29, 2024; and
WHEREAS, the following five (5) proposals were received: (1) NW Financial Group, LLC, 522 Broad Street, Bloomfield, New Jersey 07003; (2) Phoenix Advisors, LLC 625 Farnsworth Avenue, Bordentown, New Jersey 08505; (3) Public Resources Advisory Group, Inc. 39 Broadway, Suite 1210, New York, New York 10006; (4) Acacia Financial Group, Inc., 6000 Midlantic Dr., Suite 410N, Mt. Laurel, New Jersey 08054; and (5) FSL Public Finance, LLC, 100 Lenox Drive, Suite 200, Lawrenceville, New Jersey 06848; and
WHEREAS, the City desires to create a pool of Financial Advisors and contract with multiple financial advisors; and
WHEREAS, the City wishes to enter into a professional services contract with NW Financial Group, LLC 522 Broad Street, Bloomfield, New Jersey 07003 (“NW Financial”), for an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00). It is expressly agreed that the City is not obligated to expend any monies or incur any expenses under this contract. For specific financing such as bond and/or note issues, the fee will be calculated, including a fee or commission, at a rate of $1.00 per $1,000.00 of par value with a minimum fee of $7,500.00 for Bonds Financings and Notes Financings, of the principal amount financed payable at the closing of the proposed bond or note issuance in accordance with the terms of sale; for financial consulting services not related to the issuance of a bond and/or note, the fees will be based on an hourly rate ranging from $195.00 to $235.00; as provided in the contract for a period from September 1, 2024 to August 31, 2025; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that notice of the award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper; and
WHEREAS, NW Financial has completed and submitted a Business Entity Disclosure Certification, which shall be placed on file with this Resolution in the Office of the City Clerk and certifies that NW Financial has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year, and that the contract will prohibit NW Financial from making any reportable contributions through the term of the contract; and
WHEREAS, this contract is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5 and is in compliance with the State Pay-to-Play.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of Finance, are hereby authorized and directed on behalf of the City of Newark to execute a contract with NW Financial Group, LLC 522 Broad Street, Bloomfield, New Jersey 07003, to provide Professional Financial Advisory Services, for a period from September 1, 2024 to August 31, 2025.
2. The contract shall be for an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00). It is expressly agreed that the City is not obligated to expend any monies or incur any expenses under this contract. For specific financing such as bond and/or note issues, the fee will be calculated, including a fee or commission, at a rate of $1.00 per $1,000.00 of par value with a minimum of $7,500.00 for Bond Financings and Note Financings, of the principal amount financed payable at the closing of the proposed issuance in accordance with the terms of sale; for financial consulting services not related to the issuance of a bond and/or note, the fees will be based on an hourly rate ranging from $195.00 to $235.00. Funds to be utilized for this contract will be from bond proceeds.
3. This contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(a)(i) of the Local Public Contracts Law because the performance of the service required must be performed by someone who is a licensed financial advisor in the State of New Jersey.
4. The contract is hereby ratified from September 1, 2024 until the date of adoption of this Resolution.
5. This contract is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order.
6. NW Financial Group, LLC has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with this Resolution in the Office of the City Clerk, certifying that NW Financial Group, LLC has not made any reportable contributions to a political or a candidate committee in the City of Newark in the previous one (1) year, and the contract will prohibit NW Financial Group, LLC from making reportable contributions through the term of the contract.
7. A copy of the fully executed Contract herein authorized shall be filed in the Office of the City Clerk by the Director of Finance and shall be made available for public inspection.
8. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
9. 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 the adoption of this resolution.
STATEMENT
This Resolution ratifies and authorizes the Mayor and/or his designee, the Director of Finance, to enter into a professional service contract with NW Financial Group, LLC 522 Broad Street, Bloomfield, New Jersey 07003, to provide financial advisory services for the period of September 1, 2024 to August 31, 2025.