Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services concerning Special Tax Matters and Tax Appeals
Entity Name: Best, Best & Krieger, LLP
Entity Address: 2000 Pennsylvania Avenue, NW, Suite 4300, Washington, DC 20006
Contract Amount: An amount not to exceed $30,000.00
Funding Source: City of Newark Budget/Law
Contract Period: January 1, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( X ) Fair & Open ( X ) No Reportable Contributions ( ) RFP ( X ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Invitation: Corporation Counsel, June 6, 2012
body
WHEREAS, the City of Newark is involved in ongoing legal matters and therefore has a need to acquire legal services; and
Whereas, legal services are professional services and are exempt from the requirements for public bidding pursuant to the Local Public Contracts Law, more specifically, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the City of Newark issued a Request for Qualifications for Special Tax Matters on or about November 17, 2011; and
WHEREAS, the City of Newark received a total of six (6) proposals in response to its request; and
WHEREAS, Best, Best & Krieger, LLP, at 2000 Pennsylvania Avenue, NW, Suite 4300, Washington, DC 20006, 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 legal services concerning Special Tax Matters and Tax Appeals; and
WHEREAS, the City of Newark wishes to enter into a new contract with Best, Best & Krieger, LLP to provide legal services concerning Special Tax Matters and Tax Appeals in an amount not to exceed Thirty Thousand Dollars ($30,000.00) at an hourly rate not to exceed $150.00, for the period of January 1, 2012 to December 31, 2012, which shall cover those existing matters currently being handled by Best, Best & Krieger, LLP, 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 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; 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 of the City of Newark and or his designee, the Corporation Counsel, are hereby authorized and directed on behalf of the City of Newark to enter into and execute a contract with Best, Best & Krieger, LLP to provide legal services concerning Special Tax Matters and Tax Appeals in an amount not to exceed Thirty Thousand Dollars ($30,000.00) at an hourly rate not to exceed $150.00, for the period of January 1, 2012 to December 31, 2012, which shall cover any existing matters currently being handled by Best, Best & Krieger, LLP as well as new matters that may arise during the contract term.
2. 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 Executive Order MEO-07-0001, effective March 31, 2007.
3. The Municipal Council hereby ratifies its authorization of this contract from January 1, 2012 to the date of adoption of this authorizing resolution.
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order.
5. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the 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 and ratifies the Mayor of the City of Newark and/or his designee, the Corporation Counsel to enter into a contract for legal services for Special Tax Matters and Tax Appeals with Best, Best & Krieger, LLP, 2000 Pennsylvania Avenue, NW, Suite 4300, Washington, DC 20006, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), for the period of January 1, 2012 to December 31, 2012.