Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: First Amended Contract to increase contract amount for Real Estate Rehabilitation Cost Estimator Services
Entity Name: Ellana, Inc.
Entity Address: 32 Broadway, Suite 801, New York, New York 10004
Contract Amount: Amount not to exceed $30,000.00
Funding Source: 2016-2017 Budget/ Economic and Housing Development
Contract Period: One (1) Year from the Notice to Proceed issued on January 9, 2017
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R2-h (S) adopted on November 29, 2016 awarded contract for $10,000.00; Amendment increases contract amount by $20,000.00, for a new total contract amount not to exceed $30,000.00.
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WHEREAS, the City of Newark, Department of Economic and Housing Development (“City”) has determined that there is a need for professional services contracts for Real Estate Rehabilitation Cost Estimator Services; and
WHEREAS, Real Estate Rehabilitation Cost Estimator Services are professional services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the City of Newark caused to be published a Notice of Request for Qualifications (RFQ) for Real Estate Rehabilitation Cost Estimator Services on or about June 2, 2016; and
WHEREAS, the City of Newark, by Resolution 7R2-h (S), adopted on November 29, 2016, awarded a contract to Ellana, Inc., 32 Broadway, Suite 801, New York, New York 10004, to provide Real Estate Rehabilitation Cost Estimator Services, in an amount not to exceed Ten Thousand Dollars and Zero Cents ($10,000.00), for the period of one (1) year commencing from the date of the Notice to Proceed; and
WHEREAS, the City of Newark issued a Notice to Proceed to Ellana, Inc. on January 9, 2017; and
WHEREAS, the City of Newark will benefit from, and is in need of, Real Estate Rehabilitation Cost Estimator Services for additional properties; and
WHEREAS, due to pending real estate appraisal matters, an increase in the total contract amount is needed; and
WHEREAS, Ellana, Inc., represents that an additional Twenty Thousand Dollars and Zero Cents ($20,000.00), is necessary for the firm to continue to provide Real Estate Rehabilitation Cost Estimator Services through the end of the Contract term; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay for Real Estate Rehabilitation Cost Estimator Services provided through the end of the contract; and
WHEREAS, the increase of an additional Twenty Thousand Dollars and Zero Cents ($20,000.00) brings the total contract to an amount not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00), until the end of the contract; and
WHEREAS, the contract awarded by Resolution 7R2-h (S), adopted on November 29, 2016 was in accordance with N.J.S.A. 19:44A-20.5 as a Fair and Open Contract and pursuant to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) which requires that Notice of the Award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, 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 designee, the Acting Deputy Mayor/Acting Director of the Department of Economic and Housing Development, are hereby authorized on behalf of the City of Newark to execute a First Amended Agreement to Provide Real Estate Appraisal Services with Ellana, Inc., 32 Broadway, Suite 801, New York, New York 10004, through the end of the one-year Contract, for an additional Twenty Thousand Dollars and Zero Cents ($20,000.00) for a total contract amount not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00),to cover ongoing and new matters that may arise during the term of the contract.
2. This First Amended Agreement to provide Real Estate Appraisal Services is made in accordance with the professional services exception to public bidding in the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and is in compliance with the Contractor Pay-to-Play Reform Ordinance, 2:4-22C.
3. Attached is a Certification of Funds from the Director of Finance stating that there are available, sufficient, legally appropriated funds in the amount of Twenty Thousand Dollars and Zero Cents ($20,000.00), for the purposes set forth herein and the line appropriations which shall be charged are as follows:
Bus. Unit Dept. ID Div/Proj. Activity Acct.# Bud Ref.
NW026 BS A 46270 B2017
4. All other terms and conditions of the contract shall remain the same.
5. The Acting Deputy Mayor/Acting Director of the Department of Economic and Housing Development shall file a copy of the fully executed First Amended Contract in the Office of the City Clerk and same shall be made available for public inspection.
6. 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 amends and authorizes the Mayor and/or his designee, the Acting Deputy Mayor/Acting Director of the Department of Economic and Housing Development, to enter into and execute a First Amended Contract for Real Estate Rehabilitation Cost Estimator Services, with Ellana, Inc., 32 Broadway, Suite 801, New York, New York 10004, to cover ongoing and new matters that may arise during the one (1) year term of the contract, for an additional Twenty Thousand Dollars and Zero Cents ($20,000.00), for a total contract amount not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00).