WHEREAS, the City of Asbury Park (the “City”) must appoint a licensed attorney to serve as the “Municipal Attorney” (a/k/a, the “City Attorney”) for the City for the year 2018; and
WHEREAS, the City of Asbury Park, duly advertised for Request for Qualification on December 22, 2016; and
WHEREAS, four (4) firms have submitted proposals including Frederick C. Raffetto, Esq., of the firm of Ansell Grimm & Aaron, P.C.; and
WHEREAS, the Municipal Attorney shall handle the general legal matters of the City during the term of his appointment, and perform such other legal matters (collectively, the “services”) as may be directed from time to time by the Mayor and Council; and
WHEREAS, the Mayor and Council have determined to appoint Frederick C. Raffetto, Esq. (the “Attorney”), of the firm of Ansell Grimm & Aaron, P.C., as the Municipal Attorney for the City for 2018; and
WHEREAS, the City’s Chief Financial Officer has determined and certified in writing that the value of the contract associated with the Attorney’s services shall 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 City Attorney has agreed to maintain his rates at the 2017 levels; and
WHEREAS, the anticipated term of this contract is for a twelve (12) month period, commencing on January 1, 2018, and expiring on December 31, 2018, 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. Frederick C. Raffetto, Esq., of the firm of Ansell Grimm & Aaron, P.C., is hereby appointed to serve as the “Municipal Attorney” (a/k/a, the “City Attorney”) for the City for the year 2018.
2. The Mayor is hereby authorized to execute, and the City Clerk attest, the attached Agreement between the City of Asbury Park and Frederick C. Raffetto, Esq., for the year 2018.
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 authorized by law to practice a recognized profession.
4. Said contract has been awarded through a restricted (a/k/a, “non-fair and open”) process, pursuant to and in accordance with the Pay-to-Play Law, and further in accordance with the approval received from the DLGS.
5. Notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the City.
6. A certified copy of this Resolution shall be provided to each of the following:
a. Michael N. Capabianco, City Manager
b. JoAnn Boos, CMFO, Chief Financial Officer
c. Director of the N.J. Division of Local Government Services
d. Edward Sasdelli, Fiscal Monitor
e. Frederick C. Raffetto, Esq., Municipal Attorney