Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services concerning Litigation Defense Counsel Matters.
Entity Name: Michael A. Armstrong & Associates
Entity Address: 79 Mainbridge Lane, Willingboro, New Jersey 08046
Contract Amount: Not to exceed $125,000.00
Funding Source: 2025 Budget/Law Department - NW011, Department 040, Division 0401, Account 71260, Budget 2025
Contract Period: January 1, 2025 through December 31, 2025
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:
Partial Certification of Funds in the amount of $10,000.00.
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WHEREAS, the City of Newark 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 Corporation Counsel of the City of Newark caused to be published in Star Ledger, on the City of Newark’s website, a Notice of Request for Qualifications (RFQ) for Litigation Counsel Services on or about October 23, 2024; and
WHEREAS, the City of Newark received a total of twenty-four (24) proposals in response to the RFQ for Litigation Defense Counsel; and
WHEREAS, Michael A. Armstrong & Associates submitted a proposal and it was found based upon price and other factors to be in the best interest of the City of Newark to accept the proposal for the purpose of providing Legal Services concerning Litigation Defense Counsel Services; and
WHEREAS, the City of Newark wishes to enter into a contract with Michael A. Armstrong & Associates, to provide Legal Services concerning Litigation Defense Counsel Services, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for a period of January 1, 2025 through December 31, 2025, which shall cover those existing matters currently being handled Michael A. Armstrong & Associates as well as new matters that may arise during the contract term; and
WHEREAS, the 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 Forty-Four Thousand Dollars and Zero Cents ($44,000.00) and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5 and is in compliance with the State Pay-to-Play and the City’s Pay-to-Play Ordinance; and
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 authorized on behalf of the City of Newark to execute a contract with Michael A. Armstrong & Associates, 79 Mainbridge Lane, Willingboro, New Jersey 08046, to provide Legal Services concerning Litigation Defense Matters, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of January 1, 2025 through December 31, 2025, which shall cover those existing matters currently being handled by Michael A. Armstrong & Associates, as well as new matters that may arise during the contract term.
2. 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 pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i) and is in compliance with the City’s Ordinance on Pay-to-Play.
3. This is a contract which shall be awarded in one (1) fiscal year and this contract is subject to the availability and appropriation of sufficient funds in the 2025 fiscal budget pursuant to N.J.A.C. 5:30-5.5(e). Funds for this contract in the amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), shall be provided from the City of Newark 2025 Budget, Law Department.
4. Pursuant to N.J.A.C. 5:30-5.5(a), a Temporary Budget, attached hereto is a partial Certification of Funds issued by the Chief Financial Officer, which states that funds in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), line NW011, Department 040, Division 0401, Account 71260, Budget 2025 are available in the aforementioned Law Department Budget, for the purpose set forth hereinabove. The Certification of Funds shall be filed along with this Resolution in the Office of the City Clerk.
5. This Agreement is hereby ratified from January 1, 2025 through the date of adoption of this authorizing Resolution.
6. A copy of the executed Agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and same shall be made available for public inspection.
7. 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 authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into a contract for Services for Litigation Defense Counsel Matters with Michael A. Armstrong & Associates, 79 Mainbridge Lane, Willingboro, New Jersey 08046, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of January 1, 2025 to December 31, 2025. This Resolution is ratified back to January 1, 2025 from the date of adoption.