Title
Dept/ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: First Amendment to the Professional Services Agreement to provide, services as Planning Consultants
Entity Name: Nishuane Group, LLC
Entity Address: 105 Grove Street, Suite #1, Montclair, New Jersey 07042
Contract Amount: Not to exceed $60,000.00
Funding Source: Community and Economic Development Trust Fund
Contract Period: January 1, 2025 through December 31, 2025
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
The Original Resolution 7R2-k adopted on January 8, 2025, awarded a contract in an amount not to exceed $125,000.00.
This First Amendment increases the Contract Amount by $60,000.00 for a new total Contract Amount not to exceed $185,000.00. All other provisions of the Contract shall remain the same.
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WHEREAS, Planning Consultant services are Professional Services and are exempt from the requirements for public bidding pursuant to the Local Public Contracts Law, more specifically, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Municipal Council of the City of Newark (the “Municipal Council”) adopted Resolution 7R2-k, on January 8, 2025, authorizing the Department of Economic and Housing Development to execute a Professional Services contract with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, to serve as Planning Consultants, for an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) (“Original Contract Amount”), for the period of January 1, 2025 through December 31, 2025; and
WHEREAS, Nishuane Group, LLC, currently has outstanding invoices for 2025 pending matters, which have exhausted the Original Contract Amount; and
WHEREAS, the outstanding invoices for the current contract period of January 1, 2025 through December 31, 2025, require an increase in the total Contract Amount; and
WHEREAS, Nishuane Group, LLC, represents that an additional Sixty Thousand Dollars and Zero Cents ($60,000.00), is necessary to pay the outstanding and anticipated invoices for Planning Consulting Services provided through December 31, 2025; and
WHEREAS, this Contract is for an amount over $17,500.00 and was awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Contract, and this Contract Amendment was awarded in compliance with Local Public Contracts Law N.J.S.A. 40A:11-5(1)(a)(i), and Fair and Open Procedures of the State Pay-to-Play Law (N.J.S.A. 19:44a-20.5); and
WHEREAS, the Department of Economic and Housing Development wishes to increase the total Contract Award by Sixty Thousand Dollars and Zero Cents ($60,000.00); for total amount not to exceed One Hundred Eighty-Five Thousand Dollars and Zero Cents ($185,000.00); and
WHEREAS, all other Contract terms and conditions shall remain the same.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designees, the Business Administrator, and/or the Deputy Mayor/Director of the Department of Economic and Housing Development, on behalf of the City of Newark, are hereby authorized to enter into and execute a First Amendment to the Agreement for Planning Consultant Services with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042 (“First Amendment”) ,to continue to provide services through December 31, 2025, for an additional Sixty Thousand Dollars and Zero Cents ($60,000.00) for a total contract amount not to exceed One Hundred Eighty-Five Thousand Dollars and Zero Cents ($185,000.00) , for the Contract Period of January 1, 2025 through December 31, 2025, to cover outstanding service invoices and ongoing services during the term of the Contract.
2. The Municipal Council hereby ratifies this First Amendment from the date of the adoption of this resolution to January 1, 2025.
3. All other terms and conditions of the contract shall remain the same.
4. This First Amendment to the Agreement to provide Planning Consultant 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), and Fair and Open Procedures of 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.
5. Pursuant to N.J.A.C. 5:30-5.5, attached is a Certification of Funds from the Director of Finance stating that there are available, sufficient and appropriated funds in the amount of Sixty Thousand Dollars and Zero Cents ($60,000.00) for the purposes set herein and the line appropriations, which shall be charged are as follows:
Business Unit Account# Budget Ref.
NW026 32100 B2025
6. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of the executed First Amendment to the Agreement, along with the Certification of Funds, and a copy of this Resolution in the Office of the City Clerk and the same 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 ratifies, amends, authorizes and directs the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, to enter into and execute a First Amendment to the Agreement to provide Planning Consultant Services with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, amending the Contract Amount by an additional Sixty Thousand Dollars and Zero Cents ($60,000.00), for a total Contract Amount not to exceed One Hundred Eighty-Five Thousand Dollars and Zero Cents ($185,000.00). for the Contract Period of January 1, 2025 through December 31, 2025.