Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide 2025 Statutory Auditor Services and the Single Audit, pursuant to N.J.S.A. 40A:5-4, for calendar year ending December 31, 2026, review of the 2026 Annual Debt Statement, the 2026 Annual Unaudited Financial Statement, and Advisory Services for the 2026 Municipal and Police Department Budget and other related accounting services.
Entity Name: Samuel Klein and Company, LLP, CPA’s
Entity Address: 550 Broad Street, 11th Floor, Newark, New Jersey 07102
Contract Amount: Not to exceed $729,625.00
Funding Source: 2026 Budget/ Office of the City Clerk (NW011-020-2021-71250-B2026) and Police Department (NW011-190-1902-71280-B2026)
Contract Period: January 1, 2026 through December 31, 2026
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, the City Clerk on behalf of the Municipal Council wishes to enter into a contract with Samuel Klein and Company, LLP., CPA’s, 550 Broad Street, 11th Floor, Newark, New Jersey 07102, to provide 2026 Statutory Auditor Services, pursuant to N.J.S.A. 40A:11-5(1)(a)(i); for calendar year ending December 31, 2026, including the Single Audit, review of the 2026 Annual Debt Statement, 2026 Annual Unaudited Financial Statement, Advisory Services for the 2026 Municipal and Police Department Budget and other related accounting services, in an amount of Seven Hundred Twenty-Nine Thousand, Six Hundred Twenty-Five Dollars and Zero Cents ($729,625.00), for the period of January 1, 2026 through December 31, 2026; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), requires that notice of the award of contracts for Professional Services without public bidding, must be printed in the official newspaper of the municipality, setting forth the nature, duration, service and amount of the contract and that the resolution and the contract are on file in the Office of the City Clerk and are available for public inspection; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Non-Fair and Open Contract pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. the City Clerk on behalf of the Municipal Council wishes to enter into a contract with Samuel Klein and Company, LLP., CPA’s, 550 Broad Street, 11th Floor, Newark, New Jersey 07102, to provide 2026 Statutory Auditor Services, pursuant to N.J.S.A. 40A:11-5(1)(a)(i); for calendar year ending December 31, 2026, including the Single Audit, review of the 2026 Annual Debt Statement, 2026 Annual Unaudited Financial Statement, Advisory Services for the 2026 Municipal and Police Department Budget and other related accounting services, in an amount of Seven Hundred Twenty-Nine Thousand, Six Hundred Twenty-Five Dollars and Zero Cents ($729,625.00), for the period of January 1, 2026 through December 31, 2026.
2. A Comptroller’s Certification of Funds, which states that sufficient funds in the amount of Seven Hundred Twenty-Nine Thousand, Six Hundred Twenty-Five Dollars and Zero Cents ($729,625.00) shall be made available in the 2026 Adopted Budget, Business Unit NW011, Dept. 020, Div./Proj. 0201, Account# 71250 and Dept. 190, Div./Proj. 1902, Account# 71280. The Certification shall be filed along with the original Resolution and the executed contract in the Office of the City Clerk. The contract authorized by this Resolution is subject to the availability and appropriation of funds.
3. This contract is awarded as a Non-Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5 and the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay-to-Play Reform Ordinance R.O. 2.4-22C.
4. This contract is being awarded without public bidding pursuant to the Professional Services exception of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), and because these services are to be rendered by a person 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.
5. The contract will contain language prohibiting any contributions during the term of the contract in violation of any State or local law.
6. A copy of the executed Agreement herein authorized shall be filed in the Office of the City Clerk and 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 its passage.
8. There shall be no amendments or changes to this contract without the approval of the Municipal Council.
9. There shall be no advance payments on this contract in accordance with N.J.S.A. 40A:11-5(1)(a)(i).
STATEMENT
This resolution ratifies and authorizes the City Clerk on behalf of the Municipal Council to enter into and execute a contract with Samuel Klein and Company, LLP., CPA’s, 550 Broad Street, 11th Floor, Newark, New Jersey 07102, to provide 2026 Statutory Auditor Services, pursuant to N.J.S.A. 40A:5-4, for calendar year ending December 31, 2026, review of the 2026 Annual Debt Statement, 2026 Annual Unaudited Financial Statement, Advisory Services for the 2026 Municipal and Police Department Budget and other related accounting services, in an amount of $729,625.00, for the period of January 1, 2026 through December 31, 2026.