Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: For Redevelopment Plan/Project Design Review
Entity Name: Phillips Preiss Grygiel LLC (PPG)
Entity Address: 33-41 Newark Street, Third Floor, Suite D, Hoboken, NJ 07030
Contract Amount: Not to Exceed $40,000.00
Funding Source: City of Newark Budget/Department of Economic & Housing Development
Contract Period: One year from issuance of a notice to proceed by the Department of Economic and Housing Development.
Contract Basis: ( ) Bid ( ) State Vendor ( X ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( X ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Deferred 7R3-n (s) 082113
Deferred 7R3-c 090513
body
WHEREAS, the City of Newark, Department of Economic and Housing Development advertised a Request For Proposals (RFP) for Redevelopment Plan/Project Design Review and Planning Support Services on May 13, 2014 and with a submittal deadline of May 30, 2014; and
WHEREAS, on May 13, 2014 the Department of Economic and Housing Development received only one proposal for the above services from Phillips Preiss Grygiel, LLC (PPG).
WHEREAS, PPG located at 33-41 Newark Street, Third Floor Suite D, Hoboken NJ 07030 qualified under the RFP for Redevelopment Plan/Project Design Review and Planning Support Services, submitting the proposal, that was found to be in the best interest of the City of Newark to accept; and
WHEREAS, the City of Newark wishes to enter into a Professional Services contract with PPG to provide Redevelopment Plan/Project Design Review and Planning Support Services, for on call services, for a period of one year from the notice to proceed issued by the Department of Economic & Housing Development; 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 for an amount over $17,500 and is being awarded as a non-fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, although a fair and open process pursuant to N.J.S.A. 19:44A-20.5 was conducted and PPG was the only respondent, this contract is awarded as a non-fair and open contract since the deadline to award had past; and
WHEREAS, PPG has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate certifying that PPG has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and this contract for planning services with the City will prohibit PPG from making any reportable contributions through the term of the contract; and
WHEREAS, the Mayor of the City of, Newark signed into law Executive Order Number MEO-07-0001 (hereinafter ‘Pay to Play Executive Order”), which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract.
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 Director of the Department of Economic and Housing Development is hereby authorized and directed on behalf of the City of Newark to enter into and execute a contract with Phillips Preiss Grygiel, LLC (PPG), located at 33-41 Newark Street, Third Floor Suite D, Hoboken NJ 07030, to provide Redevelopment Plan/Project Design Review and Planning Support Services, in an amount not to exceed $40,000.00, for a period of one year from the notice to proceed issued by the Department of Economic and Housing Development.
2. This contract is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order.
3. This contract is being awarded pursuant to the non-fair and open procedures of the 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)) because these services are to be rendered by a person (or persons) whose performance requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction and is in compliance with Newark Executive Order MEO-07-0001, effective March 31, 2007.
4. PPG has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certificate certifying that PPG has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and this contract for professional services with the City will prohibit PPG from making any reportable contributions through the term of the contract.
6. The executed contract, the certifications of funds, the determination of value, City of Newark political contribution disclosure form and the business entity disclosure certificate shall be filed in the Office of the City Clerk by the Director of the Department of Economic and Housing Development.
7. There shall be no amendments or changes of this contract without approval of the Municipal Council.
8. There shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
9. 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 10 days of its passage.
10. Attached hereto is a certification of funds from the Director of Finance of the City of Newark, in the amount of Forty Thousand Dollars ($40,000) which states that there are sufficient funds for the purpose set forth hereinabove.
STATEMENT
This resolution hereby authorizes the professional services contract between the City of Newark and Phillips Preiss Grygiel, LLC (PPG), located at 33-41 Newark Street, Third Floor Suite D, Hoboken NJ 07030, to provide Redevelopment Plan/Project Design Review and Planning Support Services for an open ended contract, in an amount not to exceed $40,000.00, for a period of one year from the date that a notice to proceed is issued by the Director of the Department of Economic Housing Development.