Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: EUS Contract
Purpose: Municipal Business- Federal and State Lobbying
Entity Name: Mercury Public Affairs, LLC
Entity Address: 220 Lennox Avenue, Suite 101, Westfield, New Jersey 07090
Contract Amount: Amount not to exceed $168,000.00
Funding Source: Department of Business Administration Business Unit NW:011-Dept. ID 030, Div. Proj. 0301, Account 71280, Budget Ref: B2020
Contract Period: April 16, 2020- April 15, 2021
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, on March 9, 2020, Governor Phillip D. Murphy of the State of New Jersey issued through Executive Order 103 a Declaration of State of Emergency; and
WHEREAS, on March 24, 2020, the President of the United States upgraded the Governor’s State of Emergency to a Major Disaster Declaration (DR-4488); and
WHEREAS, the City of Newark is in need of services, to promote to identify and address ongoing issues currently facing municipalities; and
WHEREAS, Municipal Business (Federal Lobbying) requires specialized expertise in order to receive funding at the Federal and State levels to address the needs of the City including but not limited to critical infrastructure investments to overcome Coronavirus and support economic recovery; 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, the services necessary to implement and perform marketing and brand consulting qualify 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, this Contract is awarded without competitive bidding as an exception to pubic bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(ii), Extraordinary Unspecifiable Services; 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 Mayor and Business Administrator have determined Mercury Public Affairs LLC, 220 Lenox Avenue, Suite 101 Westfield, New Jersey 07090, is best qualified to provide the service as an Extraordinary Unspecifiable Service; and
WHEREAS, due to the unique nature of the work performed by Mercury Public Affairs, LLC and its government relations expertise in providing strategic communications and federal lobbying, the City of Newark wishes to enter into a contract with Mercury Public Affairs, LLC, for such services for a period of twelve (12) months, commencing on April 16, 2020 terminating on April 15, 2021 at a rate of One Hundred Seventy-Five Dollars and Zero Cents($175.00) per hour for twenty hours per week, Fourteen Thousand Dollars and Zero Cents ($14,000.00) per month, for a total amount not to exceed One Hundred Sixty Eight Thousand Dollars and Zero Cents ($168,000.00); and
WHEREAS, Mercury Public Affairs, LLC, 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, Mercury Public Affairs, LLC, has completed and submitted a Business Entity Disclosure Certification copies of which are attached hereto 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 the Contractor Pay-to-Play Reform Ordinance, 6PSF-a on 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 are hereby authorized to enter into and execute a contract with Mercury Public Affairs, LLC, 220 Lenox Avenue, Suite 101 Westfield, New Jersey 07090, for providing lobbying services to receive funding at the Federal and State levels to address the needs of the City including but not limited to critical infrastructure investments to overcome Coronavirus and support economic recovery for One Hundred Seventy-Five Dollars and Zero Cents ($175.00) per hour for twenty hours (20) per week, Fourteen Thousand Dollars and Zero Cents ($14,000), for a total amount not to exceed One Hundred Sixty Eight Thousand Dollars and Zero Cents ($168,000.00) commencing April 16, 2020 terminating on April 15, 2021.
2. This Municipal Council hereby ratifies this contract from April 16, 2020 to 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 Finance which states that there are available legally appropriated funds for the purposes set forth hereinabove, in the amount of Fifty Six Thousand Dollars and Zero Cents ($56,000.00), in the 2020 Budget under Business Unit: 011, 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 2020 and 2021 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 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 hereto and shall be filed in the Office of the City Clerk with the original resolution.
5. There shall be no advance payments made against this contract accordance with N.J.A.C. 40A:5-16.
6. Mercury Public Affairs, LLC, has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate, which certifies that Mercury Public Affairs LLC, 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 Mercury Public Affairs LLC, from making any reportable contributions through the term of contract.
7. A copy of the executed agreement shall be filed in the Office of the City Clerk by the Business Administrator and shall be made available for public inspection.
8. 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 in accordance with N.J.S.A. 40A:11-5(1)(a).
STATEMENT
This Resolution hereby ratifies and authorizes the Mayor and/or his designees, the Business Administrator, to enter into and execute a contract with Mercury Public Affairs, LLC, 220 Lenox Avenue, Suite 101 Westfield, New Jersey 07090, to provide lobbying services at the Federal and State levels to address the needs of the city including but not limited to critical infrastructure investments to overcome Coronavirus and support economic recovery at a rate of One Hundred Seventy-Five Dollars and Zero Cents ($175.00) per hour for twenty hours per week, Fourteen Thousand Dollars and Zero Cents ($14,000.00) per month, for a total amount not to exceed One Hundred Sixty Eight Thousand Dollars and Zero Cents ($168,000.00) commencing on April 16, 2020 terminating on April 15, 2021.