Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide statutory auditor Services for calendar-year ending December 31, 2012
Entity Name: Samuel Klein and Company
Entity Address: 550 Broad Street, Newark, New Jersey 07102
Contract Amount: $348,950.00
Funding Source: Office of the City Clerk/ 2012 Budget
Contract Period: January 1, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( X ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the Office of the City Clerk on behalf of the City of Newark and the Municipal Council advertised an RFP for Statutory Auditor Services pursuant to N.J.S.A. 40A:5-4 for related accounting and auditing services for the Municipal Council year ending December 31, 2012 ; and
WHEREAS, auditing services are professional services, exempt from the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., as the services are provided primarily by Certified Public Accountants, who are also designated as Registered Municipal Accountants; and
WHEREAS, five (5) proposals were received on March 21, 2013, with Samuel Klein and Company (Joseph J. Faccone, Registered Municipal Accountant), 550 Broad Street, Newark, New Jersey 07102, submitting a Proposal that was found to be in the best interest of the City of Newark to accept, with price and other factors considered; and
WHEREAS, the Office of the City Clerk of the City of Newark on behalf of the Municipal Council wishes to enter into a contract with Samuel Klein and Company, 550 Broad Street, Newark, New Jersey 07102, who employs Registered Municipal Accountants to provide Statutory Auditor Services for calendar-year ending December 31, 2012 and for related accounting and auditing services for the Municipal Council, in the amount of $348,950.00, for the period of January 1, 2012 through December 31, 2012; and
WHEREAS, the Local Pubic Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without public bidding must be publicly advertised in a local newspaper; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5 et seq.; 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 during the duration of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City of Clerk is hereby authorized and directed on behalf of the City of Newark and the Municipal Council to enter into and execute a contract with Samuel Klein and Company, 550 Broad Street, Newark, New Jersey 07102, to provide Statutory Auditor Services pursuant to N.J.S.A. 40A:5-4 for calendar-year ending December 31, 2012 and for related accounting and auditing services for the Municipal Council, in the amount of $348,950.00 for the period of January 1, 2012 through December 31, 2012.
2. The Council ratifies this contract for the period of January 1, 2012 to the date of adoption of this resolution.
3. Attached hereto is the Comptroller's certification, which states the funds in the amount of $348,950.00 are available from the 2012 Adopted Budget, Fund 011, Dept. ID 025, Div./Proj. 0251, Account #7125. The certification shall be filed along with the original resolution and the executed contract in the Office of the City Clerk.
4. This contract 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 is in compliance with the City of Newark Executive Order on Pay-to-Play Reform, MEO-07-0001.
5. 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.
6. The contract will contain language prohibiting any contributions for the duration of the contract in violation of any state or local law.
7. A copy of the executed contract herein authorized shall be filed in the Office of the City Clerk and shall be made available for public inspection.
8. 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.
9. There shall be no amendments or changes to 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 hereby ratifies and authorizes the professional services contract between the City of Newark with Samuel Klein and Company, 550 Broad Street, Newark, New Jersey 07102, to provide Statutory Auditor Services for calendar-year ending December 31, 2012 and for related accounting and auditing services for the Municipal Council, in the amount of $348,950.00, for the period of January 1, 2012 through December 31, 2012.