File #: 13-1997    Version: 1 Name: Architect Consulting Agreement
Type: Resolution Status: Adopted
File created: 10/11/2013 In control: Finance
On agenda: 6/18/2014 Final action: 6/24/2014
Title: Dept/ Agency: Finance Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Professional Service Contract Purpose: Architecture Consulting Services Entity Name: DMR Architects Entity Address: 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New .Jersey. 07604 Contract Amount: $50,000.00 Funding Source: Current Fund Contract Period: 1 year from Notice to Proceed Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. () EUS ( ) Fair & Open (X ) No Reportable Contributions (X ) RFP ( ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a Additional Information: Per the request of the Municipal Council for the administration to review all architect certifications submitted with the five (5) year tax abatement applications; DMR Architects will review certificates filed with Tax Abatement application to check for accuracy and consistency. No Action Taken, June 18, 2014
Title
Dept/ Agency:  Finance
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service:  Professional Service Contract
Purpose: Architecture Consulting Services
Entity Name:  DMR Architects
Entity Address:  777 Terrace Avenue, Suite 607, Hasbrouck Heights, New .Jersey. 07604
Contract Amount: $50,000.00
Funding Source:  Current Fund
Contract Period:  1 year from Notice to Proceed
Contract Basis: (   ) Bid   (   ) State Vendor   (X) Prof.  Ser.   () EUS   
(  ) Fair & Open   (X ) No Reportable Contributions   (X ) RFP   (   ) RFQ
(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (   ) n/a    
Additional Information:
Per the request of the Municipal Council for the administration to review all architect certifications submitted with the five (5) year tax abatement applications; DMR Architects will review certificates filed with Tax Abatement application to check for accuracy and consistency.
No Action Taken, June 18, 2014
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      WHEREAS, the City of Newark Tax Assessor's Office is in need of professional architectural services for the review of applications and/or certificates filed with City of Newark Tax Assessor's Office for the Five (5) Year Tax Abatement applications; and
 
      WHEREAS, the architectural services are Professional Services which are exempt from the requirements of public bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5 (1)(a)(i); and
 
      WHEREAS, pursuant to the fair and open process of the State of New Jersey Pay-to-Play Law, N.J.S.A. 19:44A-20.5, the City of Newark, publicly advertised a Request for Proposal (RFP) on April 15, 2013 for Architecture Consulting Services; and
 
      WHEREAS, nineteen (19) vendors requested a copy of the RFP; and
 
      WHEREAS, one (1) proposal was received on May 1, 2013 from DMR Architects, 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New .Jersey. 07604 and after review, it was found to be in the best interest of the City of Newark to accept; and
 
      WHEREAS, the City of Newark wishes to enter into a professional services contract with 2013 DMR Architects, 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New .Jersey. 07604 to provide Architecture Consulting Services for the City of Newark, Department of Finance for an amount of $50,000.00; and
 
      WHEREAS, DMR Architects, 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New .Jersey. 07604 has completed and submitted a Business Entity Disclosure Certificate which certifies that they have not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and that the contract will prohibit DMR Architects from making any reportable contributions through the term of the contract; 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 certain 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 Mayor and/or his designee, the Acting Director of Finance/CFO, are hereby authorized on behalf of the City of Newark to execute a contract with DMR Architects, 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New Jersey 07604 to provide professional architecture consulting services for the review of the Five Year tax abatement applications and/or certificates filed with City of Newark Tax Assessor's Office.
 
2.      The Mayor and/or his designee, the Acting Director of Finance/CFO, are hereby authorized and directed on behalf of the City of Newark to execute a contract with DMR Architects, 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New Jersey 07604 to provide professional architecture consulting services for the City of Newark, Department of Finance, for an amount not to exceed $50,000.00.
 
3.      Pursuant to N.J.A.C. 5:30-5.5, attached hereto is a Certification which states the funds in the amount of $50,000.00 are available in the 2013 Budget: Bus. Unit NW011, Dept. ID 050, Div./Proj. 0509, Account 71250 Budget Ref. B2013.  The certification shall be filed along with the original resolution and the executed contract in the Office of the City Clerk.
 
4.      The Request for Proposal process under the New Jersey Local Public Contracts Law, NJSA 40A:11-5 (1)(a)(i) complies with the Fair and Open Process of the State of New Jersey Local Unit Pay-to Play Law NJSA 19:44A-20.5 and is in compliance with the Pay-to-Play Executive Order MEO-07-0001.
 
5.      This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1) (a) (i) of the Local Public Contracts Law, because the performance of the service required must be performed by the by a person or persons licensed to practice a recognized profession  such as Architecture  by the State of New Jersey, whose performance requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study, as distinguished from general academic instruction.
 
6.      DMR Architects has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file in the City Clerk's Office by the Acting Director of Finance/CFO, certifying that they have not made any reportable contributions to a political or candidate committee in the City of Newark in the previous year, and that the contract will prohibit DMR Architects from making any reportable contributions through the term of the contract.
 
7.      A copy of the fully executed contract shall be filed in the Office of the City Clerk by the Acting Director of Finance and shall be made available for public inspection.
 
8.      There shall be no amendment of this contract without prior approval of the Municipal Council.
 
9.      There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
 
10.      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 passage.
 
11.      This contract is for a period of 365 consecutive calendar days from the issue of a formal Notice to Proceed by the Acting Director of Finance.
 
 
STATEMENT
This resolution authorizes the Mayor and/or his designee,  the Acting Director of Finance to enter into a  professional services contract with DMR Architects, 777 Terrace Avenue, Suite 607, Hasbrouck Heights, New Jersey 07604, to provide architecture consulting Services for the City of Newark, Department of Finance, in the review of the five year  tax abatement applications and/or certificates filed with the City of Newark's Tax Assessors Office for a period of 365 consecutive calendar days from the issue of a formal notice to proceed by the Acting Director of Finance at an amount not to exceed $50,000.00.