Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services concerning Tax Appraisal Matters
Entity Name: Hendricks Appraisal Company, L.L.C.
Entity Address: Seven Hutton Avenue, West Orange, New Jersey 07052-4803
Contract Amount: An amount not to exceed $144,000.00
Funding Source: City of Newark Budget/ Law Department
Contract Period: January 1, 2018 through December 31, 2018
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions (X) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, the City of Newark is involved in ongoing legal matters (including tax appeals) and therefore has a need to acquire legal and tax-appraisal services; and
WHEREAS, tax-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 Acting Corporation Counsel of the City of Newark caused to be published on the City of Newark’s website, a Notice of Request for Proposals (RFP) for Tax Appraisal Services on or about October 27, 2017; and
WHEREAS, the City of Newark received a total of one (1) proposal in response to the RFP; and
WHEREAS, Hendricks Appraisal Company, L.L.C., Seven Hutton Avenue, West Orange, New Jersey 07052-4803, submitted a proposal and it was found, based upon price and other factors, to be in the best interest of the City of Newark to accept the proposal for the purpose of providing Tax Appraisal Services; and
WHEREAS, the City of Newark wishes to enter into a new contract with Hendricks Appraisal Company, L.L.C., to provide Tax Appraisal services in an amount not to exceed One Hundred and Forty-Four Thousand Dollars and Zero Cents ($144,000.00), for the period of January 1, 2018 through December 31, 2018, which shall cover those existing matters currently being handled by Hendricks Appraisal Company, L.L.C., as well as new matters that may arise during the contract term; 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, this contract is for an amount over $17,500.00 and is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law, N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 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 (i) a candidate, candidate committee or joint candidate committee of any candidate for elective municipal office in the City of Newark or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any City of Newark or County of Essex political committee or action committee that regularly engages in the support of City of Newark Municipal or County of Essex candidates, candidate committees, joint candidates committees, political committees, political party committee, (hereinafter “PAC), in excess of certain specified thresholds within one (1) calendar year immediately preceding the date of the contract or agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Acting Corporation Counsel, are authorized on behalf of the City of Newark to execute a contract with Hendricks Appraisal Company, L.L.C., Seven Hutton Avenue, West Orange, New Jersey 07052-4803, to provide Tax Appraisal Services in an amount not to exceed One Hundred and Forty-Four Thousand Dollars and Zero Cents ($144,000.00), for the period of January 1, 2018 through December 31, 2018, which shall cover those existing matters currently being handled by Hendricks Appraisal Company, L.L.C., as well as new matters that may arise during the contract term.
2. The term of this contract shall be January 1, 2018 through December 31, 2018, for such matters that may arise during the contract term.
3. This contract is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) and is in compliance with the City of Newark’s Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C.
4. This is a contract which shall be awarded in one fiscal year although the date on which it properly takes effect falls in the next fiscal year. Further, this contract shall be awarded on a contingent fee basis and no funds are necessary for this award. Nonetheless, if necessary, this contract is subject to the availability and appropriation of sufficient funds in the year in which such payment would take effect. N.J.A.C. 5:30-5.5(e).
5. 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.
6. 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 authorizes the Mayor and/or his designee, the Acting Corporation Counsel to enter into and execute a contract on behalf of the City of Newark for Tax Appraisal Services with Hendricks Appraisal Company, L.L.C., Seven Hutton Avenue, West Orange, New Jersey 07052-4803, in an amount not to exceed One Hundred and Forty-Four Thousand Dollars and Zero Cents ($144,000.00), for the period of January 1, 2018 through December 31, 2018.