Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Title Record and Corporate Name and Related Searches for Properties on the In Rem Tax Foreclosure List
Entity Name: Prestige Title Agency, Inc.
Entity Address: 130 Bloomfield Avenue, Verona, New Jersey 07044
Contract Amount: Not to exceed $300,000.00
Funding Source: 2014 City Budget
Contract Period: One year period commencing on May 1, 2014 and terminating on April 30, 2015
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 of Newark, Department of Law ("City") has determined that there is a need for professional services contracts for Title Record and Corporate Name and Related Searches for Properties on the In Rem Tax Foreclosure List, in order to commence In Rem Foreclosure proceedings in the Superior Court of New Jersey; and
WHEREAS, on or about January 28, 2014, the City posted its Request for Qualifications on the City of Newark website and sent facsimile copies of the notice to area title companies; and
WHEREAS, as of February 11, 2014, the closing date () for the submission of responses to the Request for Qualifications, the City received no (zero) responses from prospective vendors; and
WHEREAS, the Corporation Counsel is desirous of entering into a contract with a vendor who has the necessary qualifications and capacity to meet the needs of the City in connection with the In Rem Tax Foreclosure proceedings and which is willing to provide the specified services at mutually agreeable prices; and
WHEREAS, in furtherance of the City's 2011 In Rem Foreclosure proceeding, the City employed Prestige Title Agency, Inc., Glen Eagle Title Agency, Inc., and Riverside Title Agency, Inc. to provide title record and related search services; and
WHEREAS, in connection with the proposed 2014 In Rem Foreclosure proceeding, the Corporation Counsel is desirous of entering into a contract with a single vendor in order to maintain a coordinated response and greater uniformity in the work product which will facilitate the necessary, expeditious review of the record title searches; and
WHEREAS, Prestige Title Agency, Inc. has indicated its willingness and professed an ability to respond to the needs of the City in this regard; and
WHEREAS, the services to be provided are professional services pursuant to N.J.S.A. 40A:11-5(1)(a)(i), because these services are to be rendered by a person or persons licensed by the State of New Jersey as attorneys; and
WHEREAS, the Local Public Contracts Law, more specifically, N.J.S.A. 40A:11-5(1)(a)(i) permits the negotiation and award of contracts for professional services without public bidding and requires that notice of award be publicly advertised; and
WHEREAS, these contracts have been determined and certified in writing to have a value in excess of $17,500.00 and are being awarded as non-fair and open contracts pursuant to N.J.S.A. 19:44a-20.5 et seq., the original of which shall be filed in the Office of the City Clerk; 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 to Newark Municipal Candidates and prohibits political contributions during the duration of the contract; and
WHEREAS, on August 1, 2012, the Newark Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 2:4-22C, which forbids, inter alia, 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 candidates 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 political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of City of Newark Municipal or County of Essex elections and/or City of Newark Municipal or County of Essex candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in subsection (g), within one (1) calendar year immediately preceding the date of the contract or agreement.; and
WHEREAS, the Business Entity and any of its subcontractors, if any, have certified that it is in compliance with the aforementioned Contractor Pay-to-Play Reform Ordinance, 2:4-22C; and
WHEREAS, Prestige Title Agency, Inc. has completed Business Entity Disclosure Statements, the originals of which shall be placed on file in the Office of the City Clerk.
NOW, WHEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
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- The Mayor and/or his designee, the Corporation Counsel, are hereby authorized on behalf of the City of Newark to execute a professional service contract for Title Record and Corporate Name and Related Searches for Properties on the In Rem Tax Foreclosure List with Prestige Title Agency, Inc., 130 Bloomfield Avenue., Verona, New Jersey 07044; in an amount not to exceed $300,000.00, for a one year period, commencing on May 1, 2014, and terminating on April 30 2015.
- The Council ratifies this contract for the period of May 1, 2014 to the date of adoption of this resolution.
- Pursuant to N.J.A.C. 5:30-5(a), Temporary Budget, attached hereto is the Acting Chief Financial Officers' partial certification of funds, which states that funds in the amount of $100,000.00 are available in the 2014 Temporary Budget. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds shall be executed before a contractual liability is incurred and the remainder of the amounts certified after the final 2014 Budget adoption. Monies for the 2015 contract period shall be chargeable to and certified against the budget or appropriation in the 2015 Budget.
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- This contract is being awarded pursuant to the non-fair and open procedures of the Pay-to-Play Law N.J.S.A 19:44A-20.5 and in compliance with the City of Newark Executive Order on Pay-to-Play Reform, ME0-07-0001 and the Contractor Pay-to-Play Reform Ordinance, 2:4-22C.
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- This contract is being awarded without competitive bidding pursuant to the professional services exception of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) because these services are to be rendered by a person (or persons) licensed by the State of New Jersey as attorneys.
- The contract will contain language prohibiting any contributions in violation of any State or local law.
- The Business Entity Disclosure Statement and the Determination of Value shall be placed on file with this resolution.
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- A copy of the executed contract herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and shall be made available for public inspection.
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- 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 10 days of its adoption.
STATEMENT
This resolution authorizes the award and execution of professional service contract for Title Record and Corporate Name and Related Searches for Properties on the In Rem Tax Foreclosure List, between the City of Newark and Prestige Title Agency, Inc., 130 Bloomfield Avenue., Verona, New Jersey 07044; in an amount not to exceed $300,000.00, for a one year period, commencing on May 1, 2014 and terminating on April 30, 2015.