Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide legal services to the Office of the City Clerk in connection with Election Matters.
Entity Name: Chasan Lamparello Mallon & Cappuzzo PC
Entity Address: 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094
Contract Amount: Not to exceed $50,000.00
Funding Source: 2020 Budget/Office of the City Clerk
Contract Period: For the period of one (1) year from the date of adoption of this authorizing resolution
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 Office of the City Clerk has a need for legal services in connection with Election Matters; and
WHEREAS, in order to obtain those services, the Office of the City Clerk, posted on the City of Newark's website, a notice of a Request for Qualifications ("RFQ") for Legal Services in connection with Election Matters; and
WHEREAS, two (2) proposals were received in response to the RFQ; and
WHEREAS, the proposal received from the law firm, Chasan Lamparello Mallon & Cappuzzo PC, 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094, was found to be in the best interest of the City of Newark to accept, price and other factors considered; and
WHEREAS, the City of Newark wishes to enter into a contract with Chasan Lamparello Mallon & Cappuzzo PC, 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094, to provide legal services to the Office of the City Clerk in connection with Election Matters, in an amount not to exceed $50,000.00, for the period of one (1) year from the date of adoption of this authorizing resolution; and
WHEREAS, this contract is being awarded without public bidding pursuant to the professional services and election exceptions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i) and 5(1)(l) because these services are to be rendered by a person (or persons) licensed by the State of New Jersey as attorneys and because there services are necessary or required to prepare and conduct an election; and
WHEREAS, the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay-to-Play Reform Ordinance, 2:4-22C, et al, which forbids, inter alia, 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, officer 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; and certain other political party or candidate committees, in excess of certain thresholds; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City Clerk on behalf of the City of Newark is hereby authorized to enter into and execute a contract with Chasan Lamparello Mallon & Cappuzzo PC, 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094, to provide legal services to the Office of the City Clerk in connection with Election Matters, in an amount not to exceed $50,000.00, for the period of one (1) year from the date of adoption of this authorizing resolution.
2. Attached hereto, is the Certification of Funds from the Chief Finance Officer's Certification, which states partial funds in the amount of $25,000.00 are available in the 2020 Temporary Budget, Business Unit NW011, Dept. 020, Div./Proj. 0201, Account# 96110, the balance to be provided in the 2020 Adopted Budget. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
3. This contract is being awarded without public bidding pursuant to the professional services exception of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i), and because these services are to be rendered by a person (or persons) licensed by the State of New Jersey as attorneys, and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5 (1)(l)) because these goods and services are necessary or required to prepare and conduct an election.
4. The contract is awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay-to-Play Ordinance, 2:4-22C.
5. The contract will contain language prohibiting any contributions in violation of any State or local law.
6. A copy of the executed contract herein authorized shall be filed in the Office of the City Clerk and 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 its passage.
8. There shall be no amendments or changes to this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
STATEMENT
This resolution authorizes the City Clerk, on behalf of the City of Newark, to enter into and execute a professional services contract between the City of Newark and Chasan Lamparello Mallon & Cappuzzo PC, 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094, to provide legal services to the Office of the City Clerk in connection with Election Matters, in an amount not to exceed $50,000.00, for the period of one (1) year from the date of adoption of this authorizing resolution.