Resolution #050100

Awarding a Professional Services Contract for

Preparation of Preliminary/Trial Ready Appraisal Reports and Testimony

For the Tax Appeal Filed for Mountain View Holding Corp,

73 Mountain View Blvd, Basking Ridge, NJ 07920, Block 187, Lot 59.03, to Michael R. Buckalski MAI, ASA, CTA of the Firm of Buchalski, Reynolds and Brodowski Valuation & Consulting Services in the Not to Exceed Amount of $10,400

WHEREAS, the Bernards Township Tax Assessor received a Request for Proposal for the project: Preparation of a Preliminary/Trial Ready Appraisal Reports and Testimony For the Tax Appeal Filed by Mountain View Holding Corp, 73 Mountainview Blvd, Basking Ridge, NJ 07920, Block 187, Lot 59.03.

The Proposal summary follows:

Contractor

/

Preliminary Report

(Not Court Ready)

/

Trial Ready Report

/

Conference, Depositions & Testimony Hourly Rate

Buchalski, Reynolds & Brodowski

/ $ 4,000,00 / $ 4,000.00 / $150 Per Hour (Estimate 16 Hours)

WHEREAS, it isthe combined recommendation of the Township Tax Assessor, Administrator and Purchasing Agent to award this purchase order to the Buchalski, Reynolds, and Brodowski, Valuation & Consulting Services, 84 W. Main Street, Freehold, NJ 07728; and

WHEREAS, details of this contract are itemized in the proposal dated January 19, 2005; and

WHEREAS, the contract will commence on February 15, 2005 and terminate no later than February 15, 2006; and

WHEREAS, Section N.J.S.A.40A: 11-5 of the Local Public Contracts Law (N.J.S.A.40A: 11-1 et seq.) exempts such professional service from competitive bidding.

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards as follows:

  1. That a purchase order be awarded to Michael R. Buchalski, MAI, ASA, CTA of the firm the Buchalski, Reynolds, and Brodowski for the period from February 15, 2005 through February 15, 2006 at a not to exceed lump sum fee of $ 10,400.00.The fee is broken down as follows: preparation of a Preliminary Appraisal Report - $ 4,000.00, additional Trial Ready Report $ 4,000.00, and an estimated 2 day court date equaling 16 hours @ $150 per hour for a grand total of $ 10,400.00.
  2. Michael R. Buchalski, MAI, ASA.CTA, will perform these professional appraisal services and will report to our Township Tax Assessor, Marcia Sudano, and Special Tax Counsel, Martin Allen.
  3. Any modification to this contract shall be in writing and signed by both parties and upon obtaining said signatures shall immediately become part of the contract.
  4. This contract shall, for all purposes, be deemed a New Jersey Contract and any provision of this contract shall be governed and interpreted with the laws of the State of New Jersey.
  5. The cost of this contract is not to exceed the lump sum price of $ 10,400.00 rate specified unless negotiated in advance of service/delivery, and the Township Committee approves an amendment revising that figure.
  6. Billing must be rendered within 30 days of service delivery. The lump sum price of $ 10,400.00 is payable upon completion of the tax appeal hearing.
  7. The treasurer has certified fund are available in the Current Fund, Assessor Other Expenses, account # 5-01-20-150-204 and if necessary to Legal Other Expenses, account # 5-01-20-155-204
  8. No payment in excess of the “not to exceed “contract amount will be approved, unless such services/expenditures are negotiated and agreed upon in advance of service delivery.
  9. As required by law, the parties to this contract agree to incorporate into this contract the mandatory affirmative action language promulgated by the Treasurer pursuant to P.L. 1975, c.127, which is attached to this resolution as Exhibit A.
  10. Either party upon thirty days written notice via certified mail may terminate this contract.

BE IT FURTHER RESOLVED that a copy of this resolution be published in the official township newspaper, be on file, available for public inspection, in the office of the Bernards Township Purchasing Agent, Municipal Building, Basking Ridge, NJ 07920.

I agree to the terms as stated in this Resolution and by signing this document as Partner of Buchalski, Reynolds & Brodowski. I am committed to follow all terms of this award.

______

Michael R. Buchalski, MAI, ASA, CTA

Partner

Agenda and Date Voted:2/15/05

TREASURER’S CERTIFICATION
I, John M. Bolcato, Treasurer of the Township of Bernards, hereby certify that adequate funds are available for the above referenced purchase in the amount not to exceed $10,400. Monies are available in the 2005 budget request for accounts 5-01-20-150-204 and 5-01-20-155-204.
Date: 1/27/05 /
John M. Bolcato, Treasurer

Explanatory Statement:

Professional Services are required for the defense of this property in an appeal filed with the Tax Court or New Jersey due to the extensive research required throughout the State when arriving at the fair market value for the subject properties. The sales and rents that will be utilized in this report to establish a value via the sales comparison approach and in developing a cap rate for use in the direct sales approach. Special Counsel is in agreement with this selection.

Marcia Sudano, SRA, CTA, RES, SCGREA, IFA

January 24,2005 Tax Assessor

Purchasing Certification:

I hereby certify that I have prepared this resolution and reviewed it for accuracy.

Francis J. Decibus, QPA

Dated:January 24, 2005 Purchasing Agent