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 2018; 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 2018; 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 2018 without undertaking a new “fair and open” process so long as the Bond Counsel is not increasing his rates over the 2017 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, 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. The firm of Archer & Greiner, P.C. is hereby appointed to serve as “Bond Counsel” for the City for the year 2018.
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 2018, 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. Edward Sasdelli, Fiscal Monitor