Title
Dept/ Agency: Administration/Office of the Business Administrator
Action: (X) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Assignment of Contract Agreement
Purpose: To consent to the Assignment of a Contract for Consulting Services and Technical Assistance for HUD Entitlement Programs
Entity Name: BluLynx Solutions, LLC
Entity Address: 8343 Roswell Rd, Suite 154, Atlanta, GA 30044
Contract Amount: Not to exceed $118,550.00
Funding Source: Community Development Block Grant (CDBG)/HUD Entitlement Program
Contract Period: May 1, 2024 through April 30, 2026
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( X ) Fair & Open ( ) No Reportable Contributions ( X ) RFP ( ) RFQ
( ) Private Sale (X) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Contract Assignment from W. Frank Newton, Inc., DBA WFN Consulting, LLC to BluLynx Solutions, LLC. The Assignment period shall be from August 1, 2024 to April 30, 2026.
No municipal funds are required for use of this contract.
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WHEREAS, on May 22, 2024, the Municipal Council adopted Resolution 7R1-k authorizing the City of Newark (“City”) to enter into a Contract for HUD Consulting Services with W. Frank Newton, Inc., DBA WFN Consulting, LLC (“WFN”) for the period of May 1, 2024 to April 30, 2026 for consulting services and technical assistance to support the City’s compliance with HUD Entitlement Programs grant regulations and guidelines for the following four programs:
Community Development Block Grant (CDBG)
HOME investment Partnership Program (HOME)
Emergency Solutions Grant (ESG)
Housing Opportunities for People with AIDS (HOPWA); and
WHEREAS, the Office of the Business Administrator entered into said contract with WFN on June 27, 2024 for a total contract amount not to exceed One Hundred Eighteen Thousand Five Hundred Fifty Dollars and Zero Cents ($118,550.00); and
WHEREAS, on June 11, 2024, WFN notified the City that on Wednesday, July 31, 2024, WFN will close its national Consulting Practice; and
WHEREAS, pursuant to Section 11 of the aforementioned contract, WFN may assign its interest in the contract upon written approval from the City and authorization from the Municipal Council; and
WHEREAS, due to its impending closure, WFN wishes to assign its interest in the contract to BluLynx Solutions, LLC located at 8434 Roswell Road, Suite 154, Atlanta, Georgia 30350 (“BluLynx”); and
WHEREAS, BluLynx will be led by Ms. Eryca Fambro who is currently the Director of Consulting for WFN and has worked with the City in the past; and
WHEREAS, BluLynx has completed and submitted a Business Entity Disclosure Certification, which certifies that BluLynx has not made any reportable contributions to a political or candidate committee in the City in the previous one (1) year, and this contract will prohibit Consultant from making any reportable contributions through the term of the contract; and
WHEREAS, WFN has begun providing services to the City as outlined in the Contract, thus WFN shall be entitled to payment for services completed for the period of May 1, 2024 to July 31, 2024; and
WHEREAS, BluLynx shall only be entitled to payment for services rendered from the period of August 1, 2024 to April 30, 2026; and
WHEREAS, the total compensation for services rendered from both WFN and BluLynx shall not exceed the total contract amount of $118,550.000, which shall be funded by the Department of Housing and Urban Development Act; and
WHEREAS, the Municipal Council of the City deems it to be in the best interest of the City to assign all interests, rights and/or obligations under this contract to BluLynx Solutions for the provision of consulting services and technical assistance for HUD Entitlement programs.
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 Business Administrator, are hereby authorized to allow the assignment of the Contract for HUD Consulting Services by and between the City of Newark (“City”) and W. Frank Newton, Inc. DBA WFN Consulting, LLC (WFN) to BluLynx Solutions, LLC located at 8343 Roswell Road, Suite 154, Atlanta, Georgia 30550 for the provision of consulting services and technical assistance services to the HUD Entitlement Programs, in an amount not to exceed One Hundred Eighteen Thousand Five Hundred and Fifty Dollars and Zero Cents ($118,550.00), funded by the Department of Housing and Urban Development Act (HCDA) for a period of August 1, 2024 through April 30, 2026, with an option to extend for an additional term of one (1) year subject to approval and authorization of the Newark Municipal Council.
2. The Municipal Council hereby authorizes the Mayor of the City, and/or his designee, the Business Administrator, to execute and deliver an Assignment Agreement, which shall outline the terms and conditions of the assignment and transfer all interests, rights, and/or obligations between the City, WFN and BluLynx.
3. WFN shall only render and be paid for services for the period of May 1, 2024 to July 31, 2024.
4. BluLynx shall only render and be paid for services for the period of August 1, 2024 to April 30, 2024.
5. The total compensation to be paid pursuant to the Contract and Assignment Agreement shall not exceed $118,550.00, which shall be funded by the Department of Housing and Urban Development Act.
6. The Municipal Council ratifies this Assignment Agreement from August 1, 2024 through the date of the adoption of this authorizing Resolution.
7. The terms of the Assignment Agreement may only be waived or amended in writing and signed by the parties duly authorized to execute this contract, subject to the approval of the Newark Municipal Council by Resolution. The term of this assignment may be extended for up to one (1) year, provided that any such extension is at no additional cost to the City, the services are being performed in an effective and efficient manner, and is in a writing signed by both parties.
8. This Contract is being awarded pursuant to the Community Development Block Grants Program, 24 CFR 576.1 et seq., and is in compliance with the fair and open procedures of the State Pay-to-Play Law, N.J.S.A. 19:44A-20.5, State Local Public Contracts Law -- including but not limited to N.J.S.A. 40A:11-4.1(b)(2) and the City’s Ordinance on Pay-to-Play, R. O. 2:4-22C.1.
9. Attached hereto is a partial Certification of Funds from NW027-A23-EC300-Activity A-Acct# 71250-Budget 2023, in the amount of $15,000.00 from the Director of Finance of the City, which states that there are available sufficient and legally appropriated funds available for the first contract year.
10. 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.
11.A fully executed copy of the Assignment Agreement shall be filed with the Office of the City Clerk by the Business Administrator.
STATEMENT:
This Resolution hereby ratifies and authorizes the Mayor and/or his designee, the Business Administrator, to authorize an assignment from W. Frank Newton, Inc. DBA WFN Consulting, LLC to BluLynx Solutions, and enter into an Assignment Agreement between the City of Newark, W. Frank Newton, Inc. DBA WFN Consulting, LLC and BluLynx Solutions, LLC LLC, to provide consulting services and technical assistance services for HUD Entitlement Programs, for a period of August 1, 2024 through April 30, 2026, funded by the Department of Housing and Urban Development Act (HCDA), with an option to extend for an additional term of one (1) year subject to the approval and authorization by the Newark Municipal Council. The total compensation to both W. Frank Newton, Inc. DBA WFN Consulting, LLC and BluLynx Solutions shall not exceed One Hundred Eighteen Thousand Five Hundred Fifty Dollars and Zero Cents for the period of May 1, 2024 through April 30, 2026, with an option for a one (1) year no cost extension. No municipal funds are required.