Asbury Park
NJ

Resolution
2017-27

Appointing Archer & Greiner, P.C., to Serve as Bond Counsel for the City, and Authorizing
the Execution of an Agreement for Professional Legal Services Associated Therewith

Information

Department:City ClerkSponsors:
Category:Reorganization Resolutions

Attachments

  1. Printout

Body

              WHEREAS, the City of Asbury Park (the “City”) must appoint a licensed attorney/law firm to serve as “Bond Counsel” for the City for the year 2017; and

 

              WHEREAS, during the term of its appointment, said attorney/law firm shall handle legal issues for the City which relate to the issuance of bonds and bond anticipation notes, and perform such other legal matters as may be referred to it from time to time by the City Manager, the Chief Financial Officer and/or the Mayor and Council (collectively, the “services”); and

 

WHEREAS, the Mayor and Council have determined to appoint Archer & Greiner, P.C. to serve as the Bond Counsel for the City for 2017; and

 

              WHEREAS, the City’s Chief Financial Officer has determined and certified in writing that the value of the contract associated with the Bond Counsel’s services may exceed $17,500.00, and therefore that the contract is subject to the provisions of the State’s Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq. (the Pay-to-Play Law); and

 

WHEREAS, in prior years the City determined to award a contract for these services through a “fair and open” process, pursuant to and in accordance with the Pay-to-Play Law, which process is consistent with the requirements prescribed in the Memorandum of Understanding executed between the City and the State Division of Local Government Services (“DLGS”) concerning the transitional aid that is received by the City on an annual basis; and

 

              WHEREAS, the DLGS has provided its consent to permit the City to appoint and retain the Bond Counsel in 2017 without undertaking a new “fair and open” process so long as the Bond Counsel is not increasing his rates over the 2016 levels; and

 

WHEREAS, the Bond Counsel has agreed to maintain his rates at the 2016 levels; and

 

WHEREAS, the anticipated term of this contract is for a twelve (12) month period, commencing on January 1, 2017, and expiring on December 31, 2017, or until a successor has been duly appointed and qualified; and

 

WHEREAS, said contract may only be renewed upon further action of the City Council; and

 

              WHEREAS, the services to be provided are considered to be “professional services” under the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

 

              WHEREAS, the City’s Chief Financial Officer has certified the availability of funds for said contract.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Asbury Park, in the County of Monmouth, State of New Jersey, as follows:

 

1.              The firm of Archer & Greiner, P.C. is hereby appointed to serve as “Bond Counsel” for the City for the year 2017.

 

2.              The Mayor is hereby authorized to execute, and the City Clerk attest, a contract between the City and Archer & Greiner, P.C. for the aforementioned services, for the year 2017, which contract shall be in a form satisfactory to the Municipal Attorney.

 

3.              Said contract is awarded as a “professional service” contract in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the services will be performed by a person(s) authorized by law to practice a recognized profession.

 

4.              Notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the City.

 

5.                That a certified copy of this Resolution shall be provided to each of the following:

 

a.              Archer & Greiner, P.C.

b.              Michael N. Capabianco City Manager

c.              JoAnn Boos, CMFO, Chief Financial Officer

d.              Director of the N.J. Division of Local Government Services

e.              George D. Haeuber, Fiscal Monitor

 

Meeting History

Jan 1, 2017 2:00 PM  Municipal Council Organizational Meeting
RESULT:ADOPTED [UNANIMOUS]
MOVER:Jesse Kendle, Councilmember
SECONDER:Amy Quinn, Deputy Mayor
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor