Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Extraordinary Unspecifiable Services
Purpose: To provide specialized expertise and services needed to for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees.
Entity Name: Property Registration Champions, LLC
Entity Address: 2725 Center Place, Melbourne, Florida 32940
Contract Amount: Based on fees collected
Funding Source: Based on fees collected
Contract Period: One (1) Year
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. (X) 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 (the “City”) has adopted the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees to establish for the registration and maintenance of vacant properties within the City of Newark; and
WHEREAS, the City’s Newark Department of Economic and Housing Development wishes to obtain services from a company to provide specialized expertise and services needed for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees; and
WHEREAS, the City has attempted to locate companies throughout the Country, including New Jersey, that can perform the specialized expertise and services needed for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees; and
WHEREAS, after considerable efforts, the City identified only one (1) company known as Property Registration Champions, LLC, 2725 Center Place, Melbourne, Florida 32940 (“ProChamps”) who has the required specialized expertise and is capable of performing the specialized services needed for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees; and
WHEREAS, under the Local Public Contracts Law, N,J,S,A, 40A:11-1, et seq. (the “LPCL”), a municipality may enter into a contract for the performance of services without competitive public bidding if the services being procured qualify as extraordinary unspecifiable services; and
WHEREAS, the nature of the services described above are such that the award of a contract for them is exempt from public bidding requirements as “Extraordinary Unspecified Services,” pursuant to N.J.S.A. 40A:11-5(1)(a)(ii) (hereinafter referred to as “EUS”) because the services to be procured are of a specialized and qualitative nature requiring expertise, extensive training and proven reputation in the field of endeavor, and the services cannot be reasonable described in detailed written specifications; and
WHEREAS, ProChamps agreed to provide the specialized expertise and services needed for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees and to be compensated by a percentage of fees and penalties collected by ProChamps; and
WHEREAS, ProChamps has demonstrated that it is qualified, by its training and expertise, to provide the required services in the manner and on the terms and conditions set forth in the contract; and
WHEREAS, the Local Public Contracts Law (specifically, N.J.S.A. 40A:11-5(1)(a)(ii).) requires that a notice of the award of contracts for “Extraordinary Unspecifiable Services” without competitive bidding must be published in a local newspaper; and
WHEREAS, this contract is anticipated to exceed $17,500.00; and
WHEREAS, 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, ProChamps has completed and submitted to the City of Newark the Political Contribution Disclosure Form and a Business Entity Disclosure Certification certifying that ProChamps has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, that during the term of the contract with the City will not make any prohibited contributions, and the contract shall prohibit ProChamps from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which prohibits 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, and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, are hereby authorized on behalf of the City of Newark, to enter into and execute a contract with Property Registration Champions, LLC, 2725 Center Place, Melbourne, Florida 32940, to provide specialized expertise and services needed for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees and to be compensated by retaining twenty (20) percent of fees and penalties collected by Property Registration Champions, LLC.
2. 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 pursuant to “Extraordinary Unspecified Services,” pursuant to N.J.S.A. 40A:11-5(1)(a)(ii), because the services to be procured are of a specialized and qualitative nature requiring expertise, extensive training and proven reputation in the field of endeavor, and the services cannot be reasonable described in detailed written specifications and require knowledge of the Revised General Ordinances of the City of Newark Title 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees, and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
3. Property Registration Champions, LLC has completed and submitted a City of Newark Political Contribution Disclosure Form and a Business Entity Disclosure Certification certifying that Property Registration Champions, LLC has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and its contract with the City, awarded hereunder, will prohibit Property Registration Champions, LLC from making any reportable contributions through the term of the contract.
4. The Certification of Extraordinary Unspecifiable Services, as required by N.J.A.C. 5:34-2.3(b), the fully executed contract, the Determination of Value, the City of Newark Political Contribution Disclosure Form and the Business Entity Disclosure Certification shall be filed by the Deputy Mayor/Director of the Department of Economic and Housing Development in the Office of the City Clerk and the same shall be made available for inspection.
5. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
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 adoption of this resolution.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Deputy Mayor/Director of the Department of Economic and Housing Development, on behalf of the City of Newark, to enter into an “Extraordinary Unspecifiable Services” contract with Property Registration Champions, LLC, 2725 Center Place, Melbourne, Florida 32940, to provide specialized expertise and services needed for the registration of vacant properties and collection of fees and penalties associated with the Revised General Ordinances of the City of Newark 2:10-1.4E.1 entitled Maintenance of Vacant Properties, Registration Requirements and Fees.