Title
Dept/ Agency: Law
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services in the capacity of Special Municipal Prosecutor
Entity Name: Kenneth C. Strait, Jr., Esq.
Entity Address: 26 Park Street, Suite 2179, Montclair, NJ 07042
Contract Amount: $7,000.00
Funding Source: City of Newark Budget, Law Department
Contract Period: January 1, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( x ) Fair & Open (X) No Reportable Contributions ( ) RFP ( x ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Invitation: Corporation Counsel, June 6, 2012
body
WHEREAS, the City of Newark operates a Municipal Court and has an ongoing need to obtain the legal services of Special Municipal Prosecutors; and
WHEREAS, legal services are professional services and are exempt from the requirements for public bidding pursuant to the Local Public Contracts Law, more specifically, N.J.S.A. 40A:11-(5)(1)(a)(i); and
WHEREAS, the City of Newark issued a Request for Qualifications for Municipal Prosecutor Services on or about March 28, 2012; and
WHEREAS, the City of Newark received a total of ten (10) proposals in response to its request; and
WHEREAS, Kenneth C. Strait, Jr., Esq., with offices located at 26 Park Street, Suite 2179, Montclair, New Jersey 07042, 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, for the purpose of obtaining the legal services of a Special Municipal Prosecutor; and
WHEREAS, the City of Newark wishes to enter into a contract with Kenneth C. Strait, Jr., Esq., to provide legal services in the capacity as Special Municipal Prosecutor in an amount not to exceed Seven Thousand Dollars ($7,000.00), at a rate of $250.00 per court session, for the period of January 1, 2012 through December 31, 2012; 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 public bidding must be published in a local newspaper; and
WHEREAS, Kenneth C. Strait, Jr., Esq., 26 Park Street, Suite 2179, Montclair, New Jersey 07042, has completed and submitted Political Contribution Disclosure Forms which certify that the Business Entity has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and that the contract will prohibit Kenneth C. Strait, Jr., Esq. from making any prohibited contributions through the term of the contract; and
WHEREAS, this contract is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, this contract is for an amount under $17,500 and therefore is not subject to State Pay-to-Play Law N.J.S.A. 19:44A-20.5; 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.
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 and directed on behalf of the City of Newark to execute a contract with Kenneth C. Strait, Jr., Esq., 26 Park Street, Suite 2179, Montclair, New Jersey 07042, to provide legal services in the capacity as Special Municipal Prosecutor in an amount not to exceed Seven Thousand Dollars ($7,000.00), at a rate of $250.00 per court session, for the period of January 1, 2012 through December 31, 2012.
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 Executive Order MEO-07-0001, effective March 31, 2007.
3. The Municipal Council hereby ratifies its authorization of this contract from January 1, 2012 to the date of adoption of this authorizing resolution.
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order.
5. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and 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 to enter into a contract with Kenneth C. Strait, Jr., Esq., 26 Park Street, Suite 2179, Montclair, New Jersey 07042 to provide legal services in the capacity as Special Municipal Prosecutor in an amount not to exceed Seven Thousand Dollars ($7,000.00), for the period of January 1, 2012 through December 31, 2012.