Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Counsel for In Rem Foreclosure Proceedings and ongoing 2014 and new 2017 matters.
Entity Name: Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C.
Entity Address: 660 New Road, Suite 1A, Northfield, New Jersey, 08225
Contract Amount: Amount not to exceed $115,500.00
Funding Source: Law Department Budget
Contract Period: July 15, 2016 through July 14, 2017
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:
Body
WHEREAS, the Municipal Council of the City of Newark authorized the commencement of an In Rem Tax Foreclosure Proceeding, by Resolution 7R5-b (AS) May 20, 2014, for the foreclosure of tax sale certificates for 1,140 properties identified on the 2014 Tax Foreclosure List; and
WHEREAS, given the need to timely file In Rem Foreclosure Complaints and secure title to the properties in question for the purpose of recovering monies due and owing the City of Newark, there is a need to procure the services of legal counsel to supplement the resources available to the Law Department; and
WHEREAS, the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C., 660 New Road, Suite 1A, Northfield, New Jersey, 08225, is a law firm with specific expertise in issues involving Tax Sales and Municipal In Rem Foreclosures matters, the firm has provided these legal services to the City since 2014; and
WHEREAS, the firm has continued to represent the City in ongoing foreclosure litigation arising out of the City’s 2014 In Rem Foreclosure though 2016; and
WHEREAS, the Municipal Council of the City of Newark authorized the commencement of the 2017 In Rem Tax Foreclosure Proceeding, by Resolution 7R4-a (AS) March 7, 2017, for the foreclosure of tax sale certificates for 877 properties identified on the 2017 Tax Foreclosure List; and
WHEREAS, the firm has in the past represented the City diligently and zealously in these matters, it is therefore in the best interest of the City of Newark to contract the firm to assist in the more complex litigation matters that are associated with the 2017 In Rem Tax Foreclosure procedures; and
WHEREAS, the Mayor and the Acting Corporation Counsel wish to enter into a contract with the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C., to continue provide legal services for 2014 and 2017 Municipal In Rem Foreclosures matters, in an amount not to exceed One Hundred Fifteen Thousand Five Hundred Dollars and Zero Cents ($115,500.00), for the period commencing on July 15, 2016 through July 14, 2017; and
WHEREAS, the Acting Corporation Counsel has determined and certified in writing that the value of this contract will exceed $17,500.00; and
WHEREAS, this Contract is awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services and the actions contemplated by this Resolution shall result in the award of a non-fair and open contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, Local Public Contracts Law N.J.S.A. 40A:11-1, et seq. requires a Resolution of the Governing Body authorizing the award of contracts for professional services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. has completed and submitted a Business Entity Disclosure Certification which certifies that the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year of the award of this contract, and the contract will prohibit the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. from making any reportable contributions through the term of the contract; 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, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance 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 Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
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 Acting Corporation Counsel, are authorized to execute and enter into a contract with the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C., 600 New Road, Suite 1A, Northfield, New Jersey, 08225, to provide legal services for 2014 and 2017 Municipal In Rem Foreclosures matters in an amount not to exceed One Hundred Fifteen Thousand Five Hundred Dollars and Zero Cents ($115,500.00), for the period commencing on July 15, 2016 through July14, 2017; and
2. The resolution ratifies the contract from July 15, 2016 through the date of the adoption of this resolution.
3. This contract is awarded without competitive bidding as an exception to public bidding pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), professional services, pursuant to the non-fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5), and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
4. Pursuant to N.J.A.C. 5:30-5.5(a), attached hereto is the Director of Finance’s Certification, which states funds in the amount of $52,000.00 from Business Unit NW011, Dept. 045, Div./Proj. 0451, Account# 71260, Budget 2016 and $63,500.00 from Business Unit NW011, Dept. 040, Div./Proj. 0401, Account# 71260, Budget 2017, are available for the purposes set forth herein. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
5. The Determination of Value and Business Entity Disclosure Certification are attached and will be filed with the Office of the City Clerk.
6. The Acting Corporation Counsel shall file a copy of the executed agreement herein authorized in the Office of the City Clerk and it shall be made available for public inspection.
7. 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 ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Acting Corporation Counsel, to enter into a contract with the Law Offices of Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C., 660 New Road, Suite 1A, Northfield, New Jersey, 08225, to provide legal services for 2014 and 2017 Municipal In Rem Foreclosures matters in an amount not to exceed One Hundred Fifteen Thousand Five Hundred Dollars and Zero Cents ($115,500.00), from July 15, 2016 through July 14, 2017.