Title
Dept/ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services for Redevelopment/Land Use Matters.
Entity Name: Spiro, Harrison and Nelson, LLC
Entity Address: Two Bridge Avenue, Suite 322, Red Bank, New Jersey 07701
Contract Amount: Not to exceed $250,000.00
Funding Source: 2022 Budget/Department of Economic and Housing Development/NW026, Account #32100, B2022
Contract Period: March 12, 2023 through March 11, 2024
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark (the “City”) is involved in ongoing legal matters and therefore has a need to acquire Legal Services; and
WHEREAS, Legal Services are Professional Services, exempt from the requirement for public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Department of Economic and Housing Development of the City caused to be published, on the City of Newark’s website, a Notice of Request for Qualifications (“RFQ”) for Special Counsel concerning Redevelopment and Land Use Matters on or about October 24, 2022; and
WHEREAS, the City received a total of two (2) proposals in response to its request by the RFQ due date on November 7, 2022; and
WHEREAS, Spiro, Harrison & Nelson, LLC, Two Bridge Avenue, Suite 322, Red Bank, New Jersey 07701, submitted a proposal which was found, based upon price and other factors, to be in the best interest of the City to accept for the purpose of providing legal services concerning Redevelopment/Land Use Matters; and
WHEREAS, the City wishes to enter into a contract with Spiro, Harrison & Nelson, LLC, to provide Legal Services for Redevelopment/Land Use Matters in an amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), for the period of March 12, 2023 through March 11, 2024; and
WHEREAS, Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that notice of the award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council adopted New Jersey Municipal Code § 2:4-22C.1, which adopted the State of New Jersey's Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Corporation Counsel, are hereby authorized on behalf of the City of Newark to enter into and execute a contract with Spiro, Harrison & Nelson, LLC, Two Bridge Avenue, Suite 322, Red Bank, New Jersey 07701, to provide legal services concerning Redevelopment/Land Use Matters in an amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), for the period of March 12, 2023 through March 11, 2024.
2. The Contract between the City of Newark and Spiro, Harrison & Nelson, LLC, is hereby ratified from March 12, 2023 to the date of adoption of this authorizing resolution.
3. This contract is being awarded pursuant to the Fair and Open Procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. Attached hereto is a Certification of Funds from the Director of the Department of Finance, which states that: 1) there are sufficient funds in the amount of $250,000.00 for the purpose set forth herein above; and 2) that the line appropriation of the Official Budget which shall be charged is:
Bus.Unit Account# BudgetRef.
NW026 32100 B2023
5. The Corporation Counsel shall file a copy of the executed contract in the Office of the City Clerk and the same shall be made available for public inspection.
6. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of the adoption of this resolution.
STATEMENT
This resolution ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, on behalf of the City of Newark, to enter into and execute a contract for legal services for Redevelopment/Land Use Matters with Spiro, Harrison & Nelson, LLC, Two Bridge Avenue, Suite 322, Red Bank, New Jersey 07701, in an amount not to exceed $250,000.00, for the period of March 12, 2023 through March 11, 2024.