104-24 Exhibits-Economic Development Counsultant - 2024.pdf

Exhibit “A”

TOWNSHIP OF WEST ORANGE COMPETITIVE CONTRACT REPORT FOR ECONOMIC DEVELOPMENT CONSULTANT Overview The Township of West Orange (the “Township”) is seeking to retain the services of a professional consultant to provide Economic Development Consulting and Support services supporting programs that market and promote the Township as a competitive meeting, and leisure destination, and as a strategic location for business and investment by promoting business retention and expansion, supporting redevelopment, promoting new marketing and research that strengthens and broadens commercial, retail, and tourism sectors. The proposed services also include the assessment of existing business conditions and inventory, environment and challenges, and providing assistance to the appropriate Township partners with implementing recommendations. As the proposed consulting services requires the use of a licensed and nationally certified Planner with expressed educational requirements, the award of a contract for an Economic Development Consultant would otherwise be exempt from public bidding under the Local Public Contracts Law (the “LPCL”) as a professional service. N.J.S.A. 40A:11-5(1)(a)(i). Pursuant to N.J.S.A. 40A:11-4.1(i) of the LPCL, contracting units are authorized to utilize competitive contracting for the procurement of goods or services that would otherwise be exempt from bidding. On October 24, 2023, the Township Council adopted Resolution #369-23 authorizing the use of competitive contracting pursuant to N.J.S.A. 40A:11-4.3 in lieu of public bidding for the procurement of a contract for the retention of an Economic Development Consultant. On January 19, 2024, the Township issued a Request for Proposals for to award a Contract for an Economic Development Consultant (the “RFP”). On February 14, 2024, the Township received only one (1) proposal in response to the RFP. The proposals was submitted by: 1. Nishuane Group, LLC (“Nishuane”) 105 Grove Street, Suite 4 Montclair, NJ 07042 Included in the proposals submitted by Nishuane was a listing of municipalities within the State of New Jersey with whom Nishuane provided services, including: (i) the City of Plainfield; (ii) the City of Linden; (iii) the City of Orange; (iv) Bloomfield Township; (v)

icipalities within the State of New Jersey with whom Nishuane provided services, including: (i) the City of Plainfield; (ii) the City of Linden; (iii) the City of Orange; (iv) Bloomfield Township; (v) City of Newark; (vi) the City of East Orange; (vii) the City of Hoboken; and (viii) the City of Irvington. 1

Nishuane’s proposal also included a proposed annual fee of $150,000 to be paid by the Township at a monthly rate of $12,500 wherein Nishuane would provide 96 hours of service per month. Nishaune also included fee schedule of hourly rates to apply when it exceeds the 96 monthly hours of service, as follows: Staff Rate Founding Principal $250 per hour Principal & Managing Partner $200 per hour Senior Associate Planner $175 per hour Associate Planner $150 per hour Economic Development Consultant $90 per hour Junior Associate $70 per hour Project Manager $150 per hour Administrator $40 per hour Intern $35 per hour Based upon the receipt of only a single proposal, the Township’s Qualified Purchasing Agent reviewed and evaluated the proposal in lieu of utilizing an evaluation committee to score proposals submitted in response to the RFP. Per the Qualified Purchasing Agent’s review of the Nishuane proposal there were no material defects that barred the Township from awarding the Contract to Nishuane. Conclusion/Recommendation Based on the receipt of a single proposal from Nishuane and no defects or prior negative history with Nishuane, the Qualified Purchasing Agent recommends that the Contract for Economic Development Consultant be awarded to Nishuane for a one year term with an option for the Township to extend the Contract for two (2) additional one-year periods. 2

Exhibit “B”

AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTANT THIS AGREEMENT made and entered into on this ____ day of February, 2024 by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP,” party of the first part, and NISHUANE GROUP, LLC., located at 105 Grove Street, Suite 3, Montclair, County of Essex and State of New Jersey, hereinafter referred to as “CONSULTANT,” party of the second part. WITNESSETH THAT: WHEREAS, on or about January 19, 2024 the Township issued a Request for Proposals for an Economic Development Consultant, annexed hereto as Exhibit “A,” pursuant to the Local Public Contracts Law N.J.S.A. 40A:11-4.1 et seq. (“RFP”); and WHEREAS, the RFP provided a submission date of February 13, 2024 which was adjourned to February 14, 2024 due to inclement weather; and WHEREAS, Nishuane Group, LLC submitted a detailed proposal which met all of the requirements of the RFP (“Nishuane Proposal), annexed hereto as Exhibit “B;” and WHEREAS, the Qualified Purchasing Agent and Township Attorney have reviewed the Nishuane Proposal and determined it meets the requisite provisions of the RFP; and WHEREAS, the TOWNSHIP has determined that it is in the best interests of the TOWNSHIP to retain the services of CONSULTANT to provide economic development consulting services; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows:

1. CONSULTANT will conform with all aspects of the RFP, annexed hereto as Exhibit “A” and incorporated by refeference, including but not limited to coordinating the preparation of a 5-Year Economic Development Strategic Plan for West Orange. The strategic plan will outline the existing economic conditions of the Township and analyze the issues the Township will need to address. The tasks and responsibilities will include the following: • Economic Development strategies and analysis; • 5-Year Economic Development Strategic Plan; • Economic Development Action Plan; • Demographic/economic data research; • Maintain database of businesses/employers; • Business retention and expansion; • Attracting new businesses; • Serve as a liaison with the Mayor, Township Council, Administration, Developers and Investors; • Provide Retail gap analysis; • Planning Assistance and Master Plan review; • Smart Growth / Redevelopment tools; • On-going oversight and coordination of development projects; • Transportation and infrastructure; and • Collaboration with grant writers. 2. The CONSULTANT shall provide written status reports concerning the CONSULTANT’s work by the 15th day of each month which reports shall be in writing and provided to the Mayor and Township Council. Such reports shall summarize the work performed in the last calendar month and provide a timeline for additional work. 3. The TOWNSHIP hereby retains the services of CONSULTANT for the period March 1, 2024 through February 28, 2025 at the monthly flat fee of $12,500.00 for an annual fee of $150,000.00 as set forth in the proposal submitted, annexed hereto as Exhibit “B.” 4. CONSULTANT may not bill for the following ordinary administration and overhead: clerical and bookkeeping time related to the project, all telephone and facsimile costs, costs of reproduction of up to twenty (20) copies of no more than one (1) draft and one (1) final

me related to the project, all telephone and facsimile costs, costs of reproduction of up to twenty (20) copies of no more than one (1) draft and one (1) final 2 4822-0551-7287, v. 1

copy of project memorandums or reports, and travel expenses involving travel to places less than fifty (50) miles from CONSULTANT's office in Hoboken, New Jersey. Any expenses shall be incurred unless approved in advance by the Township Chief Financial Officer. 5. CONSULTANT is hereby placed on notice that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the TOWNSHIP possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the TOWNSHIP, irrespective of whether such services were actually performed. 6. CONSULTANT recognizes that all services rendered are subject to the approval of the Chief Financial Officer, and that payment for such services is conditioned upon the issuance of a Purchase Order by the Township encompassing the services for which compensation is sought. 7. CONSULTANT shall submit detailed invoices to the TOWNSHIP for services rendered each month no later than fifteen (15) days subsequent to the close of the month. All invoices submitted by CONSULTANT shall set forth a list of the personnel who furnished services, their billing rates (as specified in paragraph 1) and the number of hours they worked on the assignment. In the event additional payment is sought by CONSULTANT for work performed beyond the scope of services, such work shall only be performed and payment shall only be rendered upon approval by the Township Council. 3 4822-0551-7287, v. 1

8. During the term of this agreement, CONSULTANT shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. CONSULTANT shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, CONSULTANT shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 9. CONSULTANT agrees, subject to the provisions herein, to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused solely by CONSULTANT's negligent acts, errors or omissions in the performance of professional services under this Agreement. CONSULTANT is not obligated to indemnify the Client for the Client's own negligence or intentional acts 10. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 11. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq. 12. This Agreement is terminable on thirty (30) days written notice. 4 4822-0551-7287, v. 1