Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide on-line legal research service for legal and law related materials and services
Entity Name: West Publishing Corporation d/b/a West, a Thomson Reuters Business
Entity Address: 620 Opperman Drive, Eagan, Minnesota 55123
Contract Amount: Amount not to exceed $43,111.92: First Year: $21,133.32; Second Year: $21,978.60
Funding Source: City of Newark Budget/Law
Contract Period: For a period not to exceed two (2) years from the issuance of a formal Notice to Proceed
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( X ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
N/A
body
WHEREAS, the City of Newark (the City), desires to provide its Department of Law with the ability to perform on line legal research for law and law related materials and services; and
WHEREAS, the ability to perform on line legal research for law and law related materials and have immediate access to federal and state laws, case law and legal treatises is essential to the ability of the City’s attorneys to effectively and efficiently perform and carry out their duties; and
WHEREAS, West Publishing Corporation, d/b/a West, a Thomson Reuters Business (West), whose main address is 620 Opperman Drive, Eagan, Minnesota 55123, has submitted a proposal to provide the City with WestlawNext, its online legal research service for legal and law related materials and services, for a 24 month term at the cost of $1,761.11 per month for the first year and $1,831.55 per month for the second year at a cost not to exceed $43,111.92 for the term; and
WHEREAS, in addition to providing legal research capabilities, Westlaw also provides information resources on proprietary databases of case law, state and federal statutes, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information and resources; and
WHEREAS, the Corporation Counsel has determined and certified in writing that the value of this Contract will exceed $17,500.00; and
WHEREAS, this Contract is awarded without competitive bidding as an exception to Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(q), Library and Educational Goods and Services; and
WHEREAS, Local Public Contracts Law N.J.S.A. 40A:11-1, et seq. requires a Resolution of the Governing Body authorizing the award of contracts for Library and educational goods and services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the actions contemplated by this Resolution shall result in the award of a non-fair and open contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, by executing this Contract, West certifies that it has neither made nor will make a prohibited contribution in violation of any applicable federal or state laws, or City ordinances, including but not limited to, the Executive Order on Pay-to-Play Reform (MEO-07-0001), as may be amended from time to time; and
WHEREAS, the Mayor of the City of Newark signed into law, Executive Order Number MEO-07-0001 (hereinafter “Pay-to-Play Executive Order”), which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political responsibility for the award of a contract candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Corporation Counsel, are authorized to enter into and execute a Contract with West Publishing Corporation, d/b/a West, a Thomson Reuters Business, 620 Opperman Drive, Eagan, Minnesota 55123 to provide online legal research service for legal and law related materials and services, for a term of twenty-four (24) months, for an amount not to exceed $43,111.92 for the term.
2. The term of the contract shall commence upon the issuance of a Notice to Proceed issued by the Corporation Counsel for a period not to exceed two years.
3. The Contract is awarded without competitive bidding as an exception to Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1) (q) “Library and Educational Goods and Services”.
4. The cost of providing the aforesaid services for a term of twenty-four (24) months shall not exceed $21,133.32 for the first year and $21,978.60 for the second year for a total amount not to exceed $43,111.92 for the term of the two year contract.
5. Attached hereto is a Certification of the Comptroller of the City of Newark which states that there are sufficient and legally appropriated funds available in the amounts and under the codes provided within the 2015 Municipal Budget, designated for West for the purposes set forth herein:
a. Fund 011, Agency 040, Organization 0401, and Object 83110.
6. Funds for 2016 are contingent upon appropriation pursuant to N.J.A.C. 5:30-5.5(d) (2).
7. The Determination of Value is attached and shall be filed with the Office of City Clerk.
8. West has completed and submitted a Business Entity Disclosure Certificate, which shall be placed on file with the Resolution in the City Clerk’s Office, certifying that West has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and the Contract will prohibit West from making reportable contributions through the term of contract.
9. This Contract was awarded pursuant to the non-fair and open procedures of the Pay to Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law to N.J.S.A. 40A:11-5(1) (q) and in compliance with Executive Order MEO-07-0001, effective March 31, 2007, and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
10. There shall be no amendments or changes to this Contract without the approval of the Municipal Council.
11. There shall be no advance payments on this Contract in accordance with N.J.S.A. 40A:5-16.
12. An executed copy of this Contract with West, shall be filed in the Office of the City Clerk by Corporation Counsel.
13. 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 and/or his designee, the Corporation Counsel, to enter into a contract with West Publishing Corporation, d/b/a West, a Thomson Reuters business, 620 Opperman Drive, Eagan, Minnesota 55123, to provide the Department of Law with WestlawNext, its on line legal research service for law and law related materials and services for a term not to exceed two (2) years for an amount not to exceed $21,133.32 for the first year and $21,978.60 for the second year, for a total amount not to exceed $43,111.92 for the term. The term of the contract shall commence upon the issuance of a Notice to Proceed issued by the Corporation Counsel for a period not to exceed two years.