to:              Joseph Valenti, New Jersey Division of Local Government Services

from:          Bruce R.  Meyer, Chairman, City of Orange Budget Advisory COMMITTEE

subject:     Questionable City of Orange Contracts of Services

date:          December 8, 2008

In my capacity as Chairman of the Orange Citizens Budget Advisory Committee, I reviewed various contracts and supporting documents.  I have questioned the Business Administrator on  specifics but have ended up with more questions than I started with. These are new contracts operating on a temporary city budget (separate compliance question). I am asking for some guidance on proper compliance with NJSA 40A:11-1 et seq.  These are two examples.

From the City of Orange Contract Inventory:

1.       Communications Consultant    Franklin Baraff   8/6/2008    $50,700

There was no RFP and no advertisement in the official paper. The amount differs from that voted on by the Council.    Communications Consultant or PR contract, I do not think it qualifies as an “extraordinary, unspecified service”.

 *228-2008    A resolution authorizing the awarding of a non-fair and open contract for Franklin L. Baraff Communications, 41 Tomahawk Street, Yorktown Heights, NY 10598, to provide communications consulting services to the City of Orange Township in an amount not to exceed $40,500.

2.       IT support     Breaker Group  12/1/2008- 11/30/2009     $36,000

3.       Telecommunications Breaker Group  12/1.2008 – 7/31.2009   $38,000

There was no RFP or public notice. The BA says it is one contract/continuation of an existing contract but I can find no documentation to confirm this.  The services in question are vague and the pressure on the Council to pass, was high. In a public hearing, the BA has said it is for our “mainframe“ but at other times alluded to the contract as meeting needs of basic office computer maintenance. She has also said that it is inclusive of hardware – are we buying a new system?  Who knows.

*348-2008 A resolution awarding a contract to Breaker Group Inc. 32 Mill Street, Mount Holly, NJ 08060 for information technology support services commencing November 6, 2008 through June 30, 2009 in an amount not to exceed $36,000. (Meeting Nov 17, 2008)

The city council is clueless on the actual content of these contracts but voted for them anyway.

Any observations or suggestions for our committee would be appreciated.

 Thank You,

Bruce Meyer                                                                                    by email, hard copy to follow