File #: 23-0422    Version: 1 Name: Resolution: Professional Services Contract - Nishuane Group, LLC (2023)
Type: Resolution Status: Adopted
File created: 3/13/2023 In control: Economic and Housing Development
On agenda: 4/5/2023 Final action: 4/5/2023
Title: Dept/ Agency: Economic and Housing Development Action: (X) Ratifying (X) Authorizing ( ) Amending Type of Service: Professional Services Contract Purpose: To provide Planning Consultant Services. Entity Name: Nishuane Group, LLC Entity Address: 105 Grove Street, Suite 3, Montclair, New Jersey 07042 Contract Amount: Not to exceed $75,000.00 Funding Source: 2023 Budget/Community and Economic Development Trust Fund/Business Unit: NW 011, Dept.:150 Div./Proj. 1505, Activity: A, Account #: 71280, Budget Ref. B2023 Contract Period: January 1, 2023 through December 31, 2023 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:
Sponsors: Council of the Whole

Title

Dept/ Agency:  Economic and Housing Development

Action: (X) Ratifying     (X) Authorizing     (   ) Amending

Type of Service:  Professional Services Contract

Purpose: To provide Planning Consultant Services.

Entity Name:  Nishuane Group, LLC

Entity Address:  105 Grove Street, Suite 3, Montclair, New Jersey 07042

Contract Amount:  Not to exceed $75,000.00

Funding Source:  2023 Budget/Community and Economic Development Trust Fund/Business Unit: NW 011, Dept.:150 Div./Proj. 1505, Activity: A, Account #: 71280, Budget Ref. B2023

Contract Period:  January 1, 2023 through December 31, 2023

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: 

body

 

WHEREAS, the City’s Department of Economic and Housing Development (the “City”) is involved in ongoing redevelopment and urban planning 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 caused to be published, on the City of Newark’s website, a Notice of Request for Qualifications (“RFQ”) for Planning Consultant Services on or about October 24, 2022; and

 

WHEREAS, the City received a total of two (2) proposals in response to its request with a due date of November 7, 2022; and

 

WHEREAS, Nishuane Group, LLC, 105 Grove Street, Suite 3, Montclair, New Jersey 07042 (“the Firm”), 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 to accept the Proposal for the purpose of providing Planning Consultant Services; and

 

WHEREAS, the City wishes to enter into a contract with Nishuane Group, LLC, to provide Planning Consultant Services in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00), for the period of January 1, 2023, through December 31, 2023; and

 

WHEREAS, 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, the contract is for an amount over $17,500.00 and 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,  Newark, New Jersey, Municipal Code § 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 and County of Essex 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; and

 

WHEREAS, pursuant to City of Newark Municipal Code 41:15-12.3, as amended by the Municipal Council through Ordinance 6PS-b, adopted on April 3, 2019, the land use board fees will be paid from an escrow account, wherein developers will fund and make deposits into the escrow account based on their specific projects; and

 

WHEREAS, the City wishes to engage Nishuane Group, LLC, to serve as Planning Consultants.

 

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

1.                     The Mayor of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized to enter into and execute a contract with Nishuane Group, LLC, 105 Grove Street, Suite 3, Montclair, New Jersey 07042, to provide Planning Consultant Services, in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00), for the period of January 1, 2023, through December 31, 2023.

 

2.                     The term of this contract shall be January 1, 2023, through December 31, 2023.

 

3.                     This contract is ratified from January 1, 2023, to the date of adoption of this Resolution by the Municipal Council.

 

4.                     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 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, Newark, New Jersey, Municipal Code § 2:4-22C.

 

5.                     Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is a Partial Certification of Funds from the Director of the Department of Finance, which states that funds in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000.00), are available for all liability to be incurred during the City’s temporary budget period, more specifically a Certification of Funds in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000.00), Business Unit: NW011, Dept.:150  Div./Proj1505, Activity: A, Account #: 71280, Budget Ref. B2023. The Certification 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 2023 Budget 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 Office of the City Clerk.

 

6.                     There shall be no advance payment pursuant to N.J.S.A. 40A:5-16.

 

7.                     There shall be no amendments or changes to this contract without approval of the Municipal Council.

 

8.                     The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of the executed agreement in the Office of the City Clerk and shall be made available for public inspection.

 

9.                     A notice of the award 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 of the City of Newark and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute a contract for Planning Consultant Services with Nishuane Group, LLC, 105 Grove Street, Suite 3, Montclair, New Jersey 07042, for an amount not to exceed $75,000.00, for the period of January 1, 2023, through December 31, 2023, this contract is ratified from January 1, 2023, to the date of adoption of this Resolution by the Municipal Council.