Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services Special Tax Counsel
Entity Name: Medvin & Elberg, Attorneys at Law
Entity Address: One Gateway Center, Sixth Floor, Newark, New Jersey 07102-5324
Contract Amount: Amount not to exceed $95,000.00
Funding Source: 2017 Budget/ Law Department
Contract Period: September 2, 2016 through September 1, 2017
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:
body
WHEREAS, the City of Newark is the owner of property known as the Newark Pequannock Watershed (“Newark Watershed” or “Watershed Properties”) which is located 35 miles northwest of the City in portions of Morris, Passaic and Sussex Counties; and
WHEREAS, the area consists of approximately 35,000 acres of undeveloped, natural resources and contains five major reservoirs which supply water to the City of Newark and its customers; and
WHEREAS, although the Newark Watershed is located in portions of approximately six municipalities, West Milford Township in Passaic County contains one-half of the property to the northeast; and
WHEREAS, Newark pays property taxes to these six municipalities, with the most property taxes, over $2,000,000.00 annually, paid to the Township of West Milford; and
WHEREAS, these municipalities annually seek to increase the taxes assessed against the Newark Watershed; and
WHEREAS, the Township of West Milford recently filed an action with the Tax Court for Passaic County seeking to increase the City’s property taxes by over $1,000,000.00 per year; and
WHEREAS, Medvin & Elberg, Attorneys at Law (“Medvin & Elberg”), One Gateway Center, Sixth Floor, Newark, New Jersey 07102, is presently handling Tax Appeals in several jurisdictions concerning the City’s Watershed Properties; and
WHEREAS, at least one of the Tax Appeals Medvin & Elberg is handling on behalf of the City is scheduled for trial this summer; and
WHEREAS, in light of the upcoming trial, Medvin & Elberg has continued to handle and represent the City’s interests in these matters; and
WHEREAS, Medvin & Elberg, have knowledge and familiarity with issues specific and unique to the City’s Watershed Properties and has specific expertise in issues involving Special Tax Matters and Tax Appeals; and
WHEREAS, Medvin & Elberg has successfully handled and resolved past tax appeals concerning the Watershed Properties, with favorable results for the City; and
WHEREAS, in preparation for the upcoming trial, Medvin & Elberg has engaged experts, namely foresters and an appraiser, uniquely qualified and knowledgeable about the Watershed Properties and comparable property taxes in the area; and
WHEREAS, Medvin & Elberg submitted a proposal to provide legal services concerning Special Tax Matters and Tax Appeals as they concern the City’s Watershed Properties and it was found to be in the best interest of the City of Newark to accept the proposal for the purpose of providing legal services for Special Tax Matters and Tax Appeals concerning the Watershed Properties; and
WHEREAS, the Mayor and the Acting Corporation Counsel wish to enter into a contract with Medvin & Elberg, for them to continue to provide legal services concerning Special Tax Matters and Tax Appeals as they concern the City’s Watershed Properties, and handle any additional matters, in an amount not to exceed Ninety-Five Thousand Dollars and Zero Cents ($95,000.00), for the period of September 2, 2016 through September 1, 2017; and
WHEREAS, the Acting Corporation Counsel has determined and certified, in writing, that the value of this contract will exceed $17,500.00; 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 Contract 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 non-fair and open contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, Medvin & Elberg and its subcontractors (foresters and appraiser) have completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to a political or candidate committee in the City of Newark in the prior year, and the contract will prohibit them 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 public bidding must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012, 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 Mayor of the City of Newark and/or his designee, the Acting Corporation Counsel, are authorized to execute a contract with Medvin & Elberg, Attorneys at Law, One Gateway Center, Sixth Floor, Newark, New Jersey 07102 to continue to provide legal services concerning Special Tax Matters and Tax Appeals as they concern the City’s properties at the Newark Pequannock Watershed and in preparation for the upcoming trial, Medvin & Elberg are authorized to subcontract and retain experts, namely foresters and an appraiser, uniquely qualified and knowledgeable about the Watershed Properties and comparable property taxes in the area for a total contract amount not to exceed Ninety-Five Thousand Dollars and Zero Cents ($95,000.00), for the period of September 2, 2016 through September 1, 2017.
2. The Municipal Council ratifies this contract for the period September 2, 2016 to the date of adoption of this 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)), professional services, 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 and its subcontractors have certified that they have not made or solicited any contributions in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
4. This contract is being awarded under a Temporary Budget. Pursuant to N.J.AC. 5:30-5(a), Temporary Budget, attached hereto is the Chief Financial Officer’s Certification which states that partial funds in the amount of $20,000.00are available in the 2017 Temporary Budget.
5. The Determination of Value and Business Entity Disclosure Certification are attached and will be filed with the Office of the City Clerk.
6. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Acting Corporation Counsel 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 the adoption of this Resolution.
STATEMENT
This resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Acting Corporation Counsel, to enter into a contract with Medvin & Elberg, Attorneys at Law, One Gateway Center, Sixth Floor, Newark, New Jersey 07102, to provide legal services concerning Special Tax Matters and Tax Appeals as they concern the City’s Watershed properties and in preparation for the upcoming trial, Medvin & Elberg are authorized to subcontract and retain experts, namely foresters and an appraiser, uniquely qualified and knowledgeable about the Watershed Properties and comparable property taxes in the area for a total contract amount not to exceed Ninety-Five Thousand Dollars and Zero Cents ($95,000.00), for the period of September 2, 2016 through September 1, 2017.