Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Title Search Services
Entity Name: Foundation Title, LLC
Entity Address: 57 Euclid Street, Woodbury, New Jersey 08096
Contract Amount: $50,000.00
Funding Source: City of Newark/Economic & Housing Development
Contract Period: From date of Notice to Proceed for a period not to exceed 12 months
Contract Basis: ( ) Bid ( ) State Vendor ( X ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHERAS, the City of Newark, Department of Economic and Housing Development wishes to enter into a Professional Service Contract for Title Search Services; and
WHEREAS, the above-referenced Title Search Services are professional services exempt from the public bidding requirements of the Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), because these services are to be rendered by a person (or persons) authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services 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
WHEREAS, pursuant to the requirements of an agreement between the City of Newark and the State of New Jersey for the receipt of Transitional Aid to Localities, all contracts exempt from public bidding requirement shall be procured pursuant to the fair-and-open process described in N.J.S.A. 19A:44A-20.5, et seq.; and
WHEREAS, in order to comply with the above Transitional Aid Agreement, on June 12, 2012, August 7, 2012 and again on October 24, 2012 the City of Newark, Department of Economic and Housing Development solicited request for proposals for said Title Search Services in accordance with the fair and open process pursuant to State Pay-to-Play Law (N.J.S.A. 19A:44A-20.4); and
WHEREAS, on all three occasions no responses were received with respect to the City's solicited request for proposals for said Title Search Services; and
WHEREAS, the Department of Economic and Housing Development now wishes to procure said Title Search Services through negotiation in accordance with the provisions of N.J.S.A.40A:11-5(3); and
WHEREAS, N.J.S.A.40A:11-5(3), provides that any contract, the amount of which exceeds the bid threshold, may be negotiated and awarded by the Governing Body without public advertising for bids and bidding therefore and shall be awarded by resolution of the governing body if: Bids have been advertised pursuant to Section 4 of P.L.1971, c.198(C.40A:11-4) on two occasions and (a) no bids have been received on both occasions in response to the advertisement, or (b) the Governing Body has rejected such bids on two occasions because it has determined that they are not reasonable as to price, on the basis of cost estimates prepared for or by the contracting agent prior to the advertising therefore, or have not been independently arrived at in open competition, or (c) on one occasion no bids were received to (a) and on one occasion all bids were rejected pursuant to (b), in whatever sequence; any such contract may then be negotiated and may be awarded upon adoption of a resolution by a two-thirds affirmative vote of the authorized membership of the governing body authorizing such contract; and
WHEREAS, the Department of Economic and Housing Development contacted four (4) companies licensed to perform Title Search services in an effort to negotiate a contract pursuant to N.J.S.A.40A:11-5(3); and
WHEREAS, the Department of Economic and Housing Development negotiated with Foundation Title LLC, 57 Euclid Street, Woodbury, New Jersey 08096 who has exhibited the necessary qualifications and capacity to meet the needs of the City and is able to provide the specified services at a mutually agreeable price; and
WHEREAS, pursuant to N.J.S.A.40A:11-5(3), the terms, conditions, restrictions and specifications set forth in the negotiated contract with Foundation Title LLC are not substantially different from those which were the subject of competitive bidding pursuant to section 4 of P.L.1971, c.198 (C.40A:11-4); and
WHEREAS, the Deputy Mayor/Director of the Department of Economic and Housing Development concludes that it is in the best interest of the City of Newark to award a Professional Service Contract to Foundation Title LLC, 57 Euclid Street, Woodbury, New Jersey 08096, to provide Title Search Services, for the negotiated amount of $50,000.00, for the period of one (1) year from the date a formal Notice to Proceed is issued by the Department of Economic and Housing Development; and
WHEREAS, this contract is for an amount over $17,500 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; 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:
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- The Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to enter into and execute a Professional Service contract through negotiation in accordance with the provisions of N.J.S.A.40A:11-5(3) with Foundation Title, 57 Euclid Street, Woodbury, New Jersey 08096, in the negotiated amount not to exceed $50,000.00, for the period of one (1) year from the date a formal Notice to Proceed is issued by the Department of Economic and Housing Development.
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- This contract complies with a Transitional Aid to Localities Agreement between the City of Newark and the State of New Jersey and is being awarded pursuant to the fair and open procedures of the Pay to Play Law N.J.S.A 19:44A-20.5; and
- This contract is further being awarded pursuant to the provisions of the Local Public Contracts Law (N.J.S.A.40A:11-5(3) and is in compliance with Newark Executive Order MEO-07-0001, effective March 31, 2007.
- Foundation Title LLC, 57 Euclid Street, Woodbury, New Jersey 08096 has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the City Clerk's Office, certifying that Foundation Title LLC has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year and their contract will prohibit Foundation Title, 57 Euclid Street, Woodbury, New Jersey 08096 from making any reportable contributions through the term of the contract.
- Attached hereto is the Comptroller's certification of funds for Foundation Title LLC in the amount of $50,000.00 which states that there are available legally appropriated funds for the purpose set forth hereinabove, which shall be provided from the following line appropriation Business Unit: NW026, Dept.: B/S, Account 46270: Budget Ref. B2013.
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- The fully executed Professional Services Contract and the certification of funds shall be filed in the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
- No changes to this contract are allowed without prior Municipal Council approval.
- 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 its passage.
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- There shall be no advance payments made against this contract in accordance with N.J.A.C. 40A:5-16.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development to enter into and execute a Professional Service Contract through negotiation in accordance with the provisions of N.J.S.A.40A:11-5(3) with Foundation Title, 57 Euclid Street, Woodbury, New Jersey 08096, in the negotiated amount not to exceed $50,000.00 for the period of one (1) year from the date a formal Notice to Proceed is issued by the Department of Economic and Housing Development.