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A Resolution Authorizing the Award of a Professional Services Contract

Click here to see signed Resolution 26-280.pdf

AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE CONTRACT TO

MCMANIMON, SCOTLAND & BAUMANN, LLC FOR GENERAL MUNICIPAL

 BOND COUNSEL SERVICES FOR THE CITY OF OCEAN CITY

WHEREAS, the City of Ocean City requires certain professional specialized legal services in connection with the authorization and issuance of bonds or notes of the City of Ocean City, New Jersey, including the review of such procedures and the rendering of approving legal opinions acceptable to the financial community; and

            WHEREAS, it is determined to be in the best interests of the City of Ocean City to have McManimon, Scotland, & Baumann, LLC act as bond counsel; and

            WHEREAS, McManimon, Scotland & Baumann, LLC has been performing these duties and it has been determined to have the necessary expertise to continue to perform said services; and

WHEREAS, a contract for Professional Services with McManimon, Scotland & Baumann, LLC may be entered into without competitive bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i) & N.J.S.A. 19:44A-20.5; and

            WHEREAS, McManimon, Scotland & Baumann, LLC has agreed to act as counsel on general municipal bond services for the City of Ocean City for the calendar year 2026 and 2027; and

            WHEREAS, McManimon, Scotland & Baumann, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that McManimon, Scotland & Baumann, LLC has not made any contribution to a political or candidate committee for an elected office in the City of Ocean City, NJ in the previous one (1) year period, and that the contract will prohibit McManimon, Scotland & Baumann, LLC from making any contributions through the term of the contract; and

            WHEREAS, the vendor has been advised that this award does not guarantee that all of the services listed will be required during the contract period and are subject to the actual need as established by the City of Ocean City. As services are required the City Purchasing Manager shall issue Purchase Orders for those services. No services shall be performed for the City without first obtaining a Purchase Order for said services; and

            WHEREAS, George J. Savastano, Business Administrator; Frank Donato, III, CMFO, Director of Financial Management; Thomas R. Mahar, Purchasing Assistant; Michael Rossbach Jr., QPA, City Purchasing Manager have reviewed the terms and conditions of the contract and recommend award of a professional service contract to McManimon, Scotland & Baumann, LLC for general municipal bond counsel services for the City of Ocean City, NJ; and

WHEREAS, this contract is awarded through an alternative non-advertised process, pursuant to N.J.S.A. 19:44A-20.4 et seq.; and

            NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Ocean City, New Jersey that it does hereby award a professional services contract to McManimon, Scotland & Baumann, LLC, 75 Livingston Avenue, Second Floor, Roseland, NJ 07068 for general municipal bond counsel services for the City of Ocean City, NJ as follows:

Fee Schedule (Public Finance)

Item

Description

Rates

1.

Preparation or Review of Each Bond Ordinance and Compiling and Review of a certified Record of Proceedings………………………………………………….

$750.00

2.

Cost of Work in Connection with Arbitrage Compliance and related Tax Analysis

$750.00

3.

Cost of Work in Connection with each Bond Sale a Fee of $5,000.00 plus $1.10 per Thousand Dollars of Bonds Issued for the First $15,000.00 of Bonds Issued and $0.85 per Thousand Dollars of Bonds Issued in Excess of $15,000.00. For More than one (1) Series of Bonds Issued there will be an Additional Charge of $1,000.00 for Each Such Additional Series…………………….

4.

Cost of Work in Connection with each Note Sale a Fee of $2,500.00 plus $0.50 per Thousand Dollars of Notes Issued for the First $15,000.00 of Bonds Issued and $0.40 per Thousand Dollars of Notes Issued in Excess of $15,000.00. For More than one (1) Series of Notes Issued there will be an Additional Charge of $500.00 for Each Such Additional Series……………………………

5.

See Attached Proposal for all Additional & Miscellaneous Fees…………………………………

Hourly Rates (Public Finance)

Item

Description

Rates

1.

Attorney……………………………………………………………………..

$225.00 Per Hr.

2.

Legal Assistant……………………………………………………………...

$155.00 Per Hr.

3.

Services in Connection with the Filings with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access Dataport………

$250.00

Hourly Rates (Developer Funded Escrow Account)

Item

Description

Rates

1.

Attorney……………………………………………………………………..

$395.00 Per Hr.

2.

Legal Assistant……………………………………………………………..

$195.00 Per Hr.

            BE IT FURTHER RESOLVED The term of the contract shall be for a period of one (1) year beginning on September 1, 2026 and continuing through August 31, 2027; and

            BE IT FURTHER RESOLVED that A copy of this Resolution and Contract shall be available for inspection in the Ocean City Clerk's Office and shall be published on one (1) occasion in the Ocean City Sentinel    

            BE IT FURTHER RESOLVED by the City Council of the City of Ocean City that the Mayor and the City Purchasing Manager are hereby authorized to enter into a formal contract agreement with McManimon, Scotland & Baumann, LLC for professional services as listed in accordance with this resolution and submitted proposal.

            The Director of Financial Management certifies that funds are available and shall be charged to the appropriate account as purchase orders are issued.

CERTIFICATION OF FUNDS

______________________________________                    _______________________________

Frank Donato III, CFO                                                        Terry Crowley, Jr.

Director of Financial Management                                       Council President

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