Title
Dept/ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Second Amendment to the Agreement to provide Professional Services, as Planning Consultants, to increase contract amount by $50,000.00
Entity Name: Nishuane Group, LLC
Entity Address: 105 Grove Street, Suite #1, Montclair, New Jersey 07042
Contract Amount: Amount not to exceed $100,000.00
Funding Source: City of Newark Budget /Department of 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 ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R3-i(as), adopted on July 1, 2015 awarded the contract for $17,500.00; Resolution 7R3-c(as), adopted on October 21, 2015 authorized a First Amendment, increased the contract amount by $32,500.00, for a new contract total amount not to exceed $50,000.00. Second Amendment increases the contract amount by $50,000.00, for a new contract total amount not to exceed $100,000.00.
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WHEREAS, legal 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, by Resolution 7R3-i(AS), adopted on July 1, 2015, awarded a contract to Nishuane Group, LLC 105 Grove Street, Suite #1, Montclair, New Jersey 07042, to serve as Planning Consultants for matters that are currently being handled by Nishuane Group, LLC and any new matters that may arise during the contract term, in an amount not to exceed Seventeen Thousand Five Hundred Dollars and Zero Cents ($17,500.00), for the period of July 1, 2015 through June 30, 2016; and
WHEREAS, the contract was awarded in compliance with Local Public Contracts Law, and through the fair and open process of State Pay-to-Play, and in compliance with Reform Ordinance 2:4-22c; and
WHEREAS, on October 21, 2015, the Municipal Council adopted Resolution 7R3-c(as) to amend the contract and increase the contract amount by $32,500.00 for a new contract not to exceed $50,000.00 (First Contract Amendment); and
WHEREAS, Nishuane Group, LLC, currently has outstanding bills for 2015 and pending matters, which will exhaust the total contract amount; and
WHEREAS, the outstanding bills and pending planning matters for 2015 and 2016 require an increase in the total contract amount; and
WHEREAS Nishuane Group, LLC, represents that an additional Fifty Thousand Dollars and Zero Cents ($50,000.00), is necessary for the firm to continue to provide planning consultant services through June 30, 2016; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay for planning consultant services provided through June 30, 2016; and
WHEREAS, the increase of an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) brings the total contract to an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of July 1, 2015 through June 30, 2016.
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 the Department of Economic and Housing Development, are hereby authorized and directed on behalf of the City of Newark to execute a Second Amendment to the Agreement to Provide Planning Services with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, provided through June 30, 2016 as Planning Consultants for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) for a total contract amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of July 1, 2015 through June 30, 2016, to cover outstanding bills and new matters that may arise during the term of the contract.
2. The Municipal Council hereby ratifies this second contract amendment from July 1, 2015 to the date of the adoption of this resolution.
3. All other terms and conditions of the contract shall remain the same.
4. This Second 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 hereto is a partial certification of funds from the Director of Finance which states that funds in the amount of $25,000.00 are available in the 2016 Budget under Business Unit: NW026 , Department ID: BS, Division/Proj. , Account#: 32100. 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 2015 & 2016 Budgets 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 City Clerk.
6. The Director of Economic and Housing Development shall file a copy of the executed Second Amendment to the Agreement to provide Planning Consultant Services herein authorized with the Office of the City Clerk and 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 hereby ratifies, amends and authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Housing and Economic Development, to enter into and execute a Second Amendment to the Agreement with Nishuane Group, LLC, 105 Grove Street, Suite #1, Montclair, New Jersey 07042, to cover outstanding bills, ongoing and new matters that may arise during the term of the contract for Planning Consultant Services for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00), for a total contract amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) for the period of July 1, 2015 through June 30, 2016.