Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide Real Estate Appraisal Services for Litigation Tax Matters.
Entity Name: Appraisal Consultants Corp.
Entity Address: 293 Eisenhower Parkway, Suite 180, Livingston, New Jersey 07039
Contract Amount: Not to exceed $100,000.00
Funding Source: 2023 Budget/Law Department
Contract Period: July 1, 2023 through June 30, 2024
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:
Deferred 7R6-u 122023
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WHEREAS, the City of Newark (the “City”) is involved in ongoing Tax Litigation Matters and other Legal Matters that require Real Estate Appraisal Services; and
WHEREAS, Real Estate Appraisal Services are Professional Services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the City wishes to enter into a contract with Appraisal Consultants Corp. to provide Real Estate Appraisal Services concerning Litigation Tax Matters, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of July 1, 2023 through June 30, 2024; and
WHEREAS, this contract is awarded without competitive bidding as an exception to public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i), Professional Services; and
WHEREAS, Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires a resolution of the Governing Body authorizing the award of contracts for Professional Services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the actions contemplated by this resolution shall result in the award of a contract for an amount over Seventeen Thousand Five Hundred Dollars and Zero Cents ($17,500.00), which has been determined and certified in writing, and is in compliance with the State Pay-to-Play Law, the City Pay-to-Play Ordinance and is being awarded as a Non-Fair and Open Contract, pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, Appraisal Consultants Corp., has completed and submitted a Business Entity Disclosure Certification, which certifies that it has not made any reportable contributions to a political or candidate committee in the City of Newark in the prior year, and that the contract will prohibit Appraisal Consultants Corp. from making any reportable contributions through the term of the contract; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that notice of the award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Corporation Counsel, are hereby authorized on behalf of the City of Newark to enter into and execute a contract with Appraisal Consultants Corp., 293 Eisenhower Parkway, Suite 180, Livingston, New Jersey 07039, to provide Real Estate Appraisal Services for Tax Litigation Matters and other Legal Matters, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of July 1, 2023 through June 30, 2024,
2. This contract is ratified from July 1, 2023 through the date of adoption of this authorizing Resolution.
3. This contract is awarded without competitive bidding as an exception to public bidding pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); pursuant to the Non-Fair and Open Procedures of the State Pay-to-Play Law, N.J.S.A. 19:44A-20.5, and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to- Play Reform Ordinance 2:4-22C.
4. Attached hereto is a Partial Certification of Funds from the Municipal Comptroller of the City of Newark, which states: (1) that there are sufficient funds, in the amount of Twenty Thousand Dollars and Zero Cents ($20,000.00), for the purpose set forth herein. The Certifications of Funds shall be filed along with the original Resolution in the Office of the City Clerk.
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5. The Business Entity Disclosure Certification and the Determination of Value shall be placed on file with this Resolution.
6. The Corporation Counsel shall file a copy of the executed Agreement herein authorized, 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.
8. There shall be no amendments or changes of this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
STATEMENT
This Resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into and execute a contract for Real Estate Appraisal Services for Tax Litigation Matters and other Legal Matters with Appraisal Consultants Corp., 293 Eisenhower Parkway, Suite 180, Livingston, New Jersey 07039, in an amount not to exceed $100,000.00, for the period of July 1, 2023 through June 30, 2024.