Title
Dept/ Agency: Economic and Housing Development
Action: () Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Planning Consultant Services
Entity Name: Nishuane Group, LLC
Entity Address: 105 Grove Street, Suite #1, Montclair, New Jersey 07042
Contract Amount: An amount not to exceed $17,500.00
Funding Source: 2015 City of Newark Budget, Economic and Housing Development
Contract Period: July 1, 2015 through June 30, 2016
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:
Four (4) proposals received
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WHEREAS, the City of Newark is involved in ongoing legal matters and therefore has a need to acquire planning consultant services; and
WHEREAS, planning consultant 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 Planning Consultant on or about March 10, 2015; and
WHEREAS, the City of Newark received a total of four (4) proposals in response to its RFQ for Planning Consultant; and
WHEREAS, Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042 submitted a proposal in response to the RFQ and it was found, based upon price and other factors, to be in the best interest of the City of Newark to accept the proposal for the purpose of providing legal services concerning Planning Matters; and
WHEREAS, the City of Newark wishes to enter into a new contract with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, to provide consultant services concerning Planning Matters in an amount not to exceed Seventeen Thousand Five Hundred Dollars($17,500.00) for the period of July 1, 2015 through June 30, 2015 which shall cover those existing matters currently being handled by Nishuane Group, LLC as well as new matters that may arise during the contract term; 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, this contract is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; 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 Deputy Mayor/Director of Economic and Housing Development, are hereby authorized and directed on behalf of the City of Newark to execute a contract with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, to provide Planning Consultant services in an amount not to exceed Seventeen Thousand Five Hundred Dollars ($17,500.00), for the period of July 1, 2015 through June 30, 2016, which shall cover those existing matters currently being handled by Nishuane Group, LLC as well as new matters that may arise during the contract term.
2. The term of this contract shall be July 1, 2015 through June 30, 2016, for such matters that may arise during the contract term.
3. This contract is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) and is in compliance with the Contractor Pay-to-Play reform Ordinance, R.O. 2:4-22C.
4. Attached is a Certification of Funds from the Acting Finance Director which states (1) that there are sufficient and appropriated funds, in the amount of $17,500.00, for the purposes stated herein and (2) that the line appropriation of the official budget which shall be charged is: Business Unit: NW011; Dept.: 150; Div./Proj.: 1505; Account #: 71280; Budget Ref.: B2015.
5. There shall be no advance payment on this contract and there shall be no amendment or changes to this contract without approval of the Municipal Council of the City of Newark.
6. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and shall be made available for public inspection.
7. 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 authorizes the Mayor and/or his designee, Deputy Mayor/Director of Economic and Housing Development, to enter into a contract for Planning Consultant Services with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, in an amount not to exceed Seventeen Thousand Five Hundred Dollars, ($17,500.00) for the period of July 1, 2015 through June 30, 2016.