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 Services.
Entity Name: Lite DePalma Greenberg, LLC
Entity Address: 570 Broad Street, Suite 1201, Newark, New Jersey 07102
Contract Amount: Not to exceed $75,000.00
Funding Source: 2021 Budget/Law Department
Contract Period: January 1, 2021 through December 31, 2021
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:
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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 on the City of Newark’s website a Notice of Request for Qualifications (RFQ) for Litigation Defense Counsel Services on or about September 21, 2020; and
WHEREAS, the City of Newark received a total of twenty (20) proposals in response to the RFQ for Litigation Defense Counsel Services; and
WHEREAS, Lite DePalma Greenberg, LLC 570 Broad Street, Suite 1201, Newark, New Jersey 07102, 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 Litigation Defense Counsel Services; and
WHEREAS, the City of Newark wishes to enter into a contract with Lite DePalma Greenberg, LLC to provide Litigation Defense Counsel Services, in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00), for the period covering January 1, 2021 through December 31, 2021, which shall cover those existing matters currently being handled by Lite DePalma Greenberg, LLC, 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 Seventeen Thousand Five Hundred Dollars and Zero Cents ($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 the Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal and County of Essex Candidates, office holders having ultimate 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 on behalf of the City of Newark to execute a contract with Lite DePalma Greenberg, LLC, 570 Broad Street, Suite 1201, Newark, New Jersey 07102, to provide Litigation Defense Counsel Services in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) for the period covering January 1, 2021 through December 31, 2021, which shall cover those existing matters currently being handled by Lite DePalma Greenberg, LLC, 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 of Newark’s Contactor Pay-to-Play Reform Ordinance, Newark, New Jersey Municipal Code § 2:4-22C.
3. This is a contract which shall be awarded in one (1) fiscal year although the date on which it properly takes effect falls in the next fiscal year. Accordingly, this contract is subject to the availability and appropriation of sufficient funds in the year in which it takes effect, pursuant to New Jersey Administrative Code 5:30-5.5(e). Funds for this contract in the amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) shall be provided from the City of Newark 2021 Budget, Law Department.
4. The contract is ratified from January 1, 2021, to the date of adoption of this authorizing resolution.
5. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is the Chief Finance Officer’s Certification, which states partial funds in the amount Thirty Thousand Dollars and Zero Cents ($30,000.00) are available in the 2021 Temporary Budget, the balance to be provided in the 2021 Adopted Budget. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
6. Corporation Counsel shall file a copy of the executed agreement, herein authorized, in the Office of the City Clerk and the 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 and/or his designee, the Corporation Counsel, to enter into a contract for Litigation Defense Counsel Services with Lite DePalma Greenberg, LLC, 570 Broad Street, Suite 1201, Newark, New Jersey 07102 in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00), for the period covering January 1, 2021 through December 31, 2021.