WHEREAS, the City of Asbury Park (the “City”) desires to appoint Redevelopment Counsel for 2018; and
WHEREAS, said attorney/law firm shall handle legal issues for the City which relate to redevelopment matters, as well as such other legal matters as may be referred to it from time to time by the City Manager and/or the Mayor and Council (collectively referenced as the “services”); and;
WHEREAS, the Mayor and Council have determined to appoint the law firm of McManimon Scotland & Baumann, LLC to serve as the City’s “Redevelopment Counsel” for 2018, in accordance with the terms and conditions set forth in its proposal submitted in 2016; 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 DLGS has provided its consent to permit the City to appoint and retain the Attorney in 2016 without undertaking a new “fair and open” process so long as the Attorney is not increasing his rates over the 2016 levels; and
WHEREAS, the firm has agreed not to increase his rates over 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.
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 City Manager or Director of Planning and Redevelopment are authorized to determine assignments as required.
2. The Mayor is hereby authorized to execute, and the City Clerk attest, an Agreement to be drafted by the City Attorney for professional services for 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, 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