Asbury Park


Authorizing the Execution of an Agreement for Professional Engineering Services with
T & M Associates


Department:City ClerkSponsors:
Category:Reorganization Resolutions


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WHEREAS, the City of Asbury Park (the “City”) must appoint a licensed engineer to serve as “City Engineer” for the City for the year 2017; and


WHEREAS, the City Engineer to provide engineering services to the City, pursuant to the direction of the City Manager, in accordance with the terms and conditions set forth in its proposal; and


WHEREAS, the Mayor and Council have determined to appoint T&M Associates to serve as the City Engineer 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 City Engineer’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 City Engineer in 2017 without undertaking a new “fair and open” process so long as the City Engineer is not increasing his rates over the 2016 levels; and


WHEREAS, the City Engineer 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 T&M Associates is hereby appointed to serve as “City Engineer” 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 T&M Associates for the aforementioned services, for the year 2017, which contract shall be in a form satisfactory to the Municipal Attorney and shall not exceed $250,000.


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.                A certified copy of this Resolution shall be provided to each of the following:


a.              T&M Associates

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
MOVER:Yvonne Clayton, Councilmember
SECONDER:Eileen Chapman, Councilmember
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor