Title
Dept/ Agency: Law
Action: ( x ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Conflict Counsel Services
Entity Name: John J. Zidziunas, LLC
Entity Address: 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042
Contract Amount: Not to exceed $25,000.00
Funding Source: City of Newark, Law Department
Contract Period: January 1, 2013 through December 31, 2013
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:
body
WHEREAS, the City of Newark is involved in ongoing legal matters and therefore has a need to acquire legal services; and
WHEREAS, the City of Newark has an ongoing need for legal counsel in Conflict matters; and
WHEREAS, John J. Zidziunas, LLC, with offices located at 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, has acted as Conflict Counsel in various litigated matters, including certain ongoing litigations; and
WHEREAS, at the request of the Corporation Counsel 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 Conflict Counsel; and
WHEREAS, the City of Newark wishes to enter into a new contract with John J. Zidziunas, LLC, to provide legal services concerning Conflict Counsel Services in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00), for the period of January 1, 2013 to December 31, 2013, which shall cover those existing matters currently being handled by John J. Zidziunas, 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 $17,500.00 and is being awarded as a non-fair and open contract pursuant to 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 contracts.
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 his designee, the Corporation Counsel, are hereby authorized and directed on behalf of the City of Newark to execute a contract with John J. Zidziunas, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to provide legal services concerning conflict matters in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00), for the period of January 1, 2013 to December 31, 2013, which shall cover those existing matters currently being handled by John J. Zidziunas, LLC, as well as new matters that may arise during the contract term.
2. The term of this contract shall be January 1, 2013 to December 31, 2013, for such matters that may arise during the contract term.
3. This contract is being awarded pursuant to the non-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.
4. The Municipal Council hereby ratifies the award of this contract from January 1, 2013 to the date of adoption of this Resolution.
5. 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. Funds for this contract in the amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) shall be provided from the City of Newark Budget, Law Department.
6. 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.
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 his designee, the Corporation Counsel, to enter into a contract for legal services for conflict matters with John J. Zidziunas, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00), for the period of January 1, 2013 to December 31, 2013.