Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services - In Rem Tax Foreclosure Proceedings
Entity Name: Goldenberg, Mackler, Sayegh,Montz, Pfeffer, Bonchi & Gill, P.C. and Eric M. Bernstein & Associates, LLC
Entity Address: 660 New Road, Suite 1A, Northfield, New Jersey 08225 and 34 Mountain Boulevard, Building A, P.O. Box 4922, Warren, New Jersey 07059
Contract Amount: $350,000.00
Funding Source: Insurance Fund
Contract Period: One-Year Contract from Issuance of Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(x) Fair & Open ( ) No Reportable Contributions ( ) RFP (x) 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, legal services are professional services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Corporation Counsel of the City of Newark caused to be published on the City of Newark's website, a Notice of RFQ-Legal Services for In Rem Foreclosure Proceedings, on August 14, 2014; and
WHEREAS, three (3) law firms submitted proposals in response to the notice and RFQ; and
WHEREAS, after a review of the proposals, the Corporation Counsel recommends an award of multiple vendor contracts for legal services: two contracts, for two vendors, for a maximum, cumulative amount not to exceed $350,000.00 for both vendors, for a period of one (1) year from the date of the issuance of a formal notice to proceed by Corporation Counsel; and
WHEREAS, Corporation Counsel requests authority to execute contracts with each of the following law firms:
(1) Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. (Keith A. Bonchi, Esq., lead counsel), 660 New Road, Suite 1A, Northfield, New Jersey 08225; and
(2) Eric M. Bernstein & Associates, LLC (Eric Martin Bernstein, Esq., lead counsel), 34 Mountain Boulevard., Building A, P.O. Box 4922, Warren, New Jersey 07059.; and
WHEREAS, these contracts are for an amount over $17,500.00 and are being awarded as fair and open contracts 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 contracts; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 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 and/or his designee, the Corporation Counsel, are hereby authorized and directed on behalf of the City of Newark to execute multiple vendor award professional service contracts for two vendors, for a maximum, cumulative amount not to exceed $350,000.00 for both vendors, with the following law firms:
(a) Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. (Keith A. Bonchi, Esq., lead counsel), 660 New Road, Suite 1A, Northfield, New Jersey 08225; and
(b) Eric M. Bernstein & Associates, LLC (Eric Martin Bernstein, Esq., lead counsel), 34 Mountain Boulevard., Building A, P.O. Box 4922, Warren, New Jersey 07059.
2. The term of each contract shall be for a period of one year, commencing on the date of the issuance of a formal Notice to Proceed, by Corporation Counsel, for such matters that may be assigned by Corporation Counsel or her designee during the contract term.
3. These contracts are 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 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), Temporary Budget, a partial certification of the availability of sufficient funds (in the prorated amount of seventy five thousand dollars ($75,000.00) for each of the law firms in the temporary budget for the City of Newark, Law Department, for the last quarter of 2014, issued by the Acting Chief Financial Officer, is attached. Additional Certifications of Funds shall be prepared and filed with the City Clerk for the remaining balances. . The contract contains a provision that it is subject to the appropriation of additional, sufficient funds past such date, in compliance with N.J.A.C. 5:30:5-5 (a).
5. The funds for these contracts shall be paid from the following line items:
Business Unit Dept. Id Div./Proj. 025 25T 9T25 Account# 59771
6. A copy of the executed agreements herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and 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 authorizes the Mayor and/or his designee, the Corporation Counsel, on behalf of the City of Newark, to enter into and execute multiple vendor award contracts with Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill, P.C. (Keith A. Bonchi, Esq., lead counsel), 660 New Road, Suite 1A, Northfield, New Jersey 08225; and Eric M. Bernstein & Associates, LLC (Eric Martin Bernstein, Esq., lead counsel), 34 Mountain Boulevard., Building A, P.O. Box 4922, Warren, New Jersey 07059, to provide legal services for the 2014 In Rem Tax Foreclosure Proceeding, in a maximum, cumulative amount not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00), for two vendors.