WHEREAS, the City of Asbury Park (the “City”) wishes to appoint a licensed attorney to serve in the capacity of “Special Tax Counsel” for the City for the year 2018; and
WHEREAS, the Special Tax Counsel shall handle tax appeal matters involving the City during the term of his appointment as well as any other tax-related matters as requested by the City (collectively, the “services”); and
WHEREAS, the Mayor and Council have determined to appoint Harry Haushalter, Esq. to serve as the Special Tax 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 Special Tax 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 Special Tax Counsel in 2018 without undertaking a new “fair and open” process so long as the Special Tax Counsel is not increasing his rates over the 2017 levels; and
WHEREAS, the Special Tax 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. Harry Haushalter, Esq. is hereby appointed to serve as the “Special Tax Counsel” 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 Harry Haushalter, Esq., for the year 2018, or one which is substantially similar thereto and which meets with the approval of the City 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 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. Harry Haushalter, Esq., Special Tax Counsel
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