Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Litigation Services related to Environmentally Contaminated Properties
Entity Name: Matsikoudis & Fanciullo, LLC
Entity Address: 270 Marin Boulevard, Jersey City, New Jersey 07302
Contract Amount: Not to exceed $35,000.00
Funding Source: City of Newark Budget, Law Department
Contract Period: June 1, 2014 through May 31, 2015
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, August 5, 2014
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WHEREAS, the City of Newark is involved with remediation of environmentally contaminated properties within the City of Newark which requires legal services; and
WHEREAS, the City of Newark issued a Request for Qualifications for Litigation Services related to remediation of environmentally contaminated properties within the City of Newark; and
WHEREAS, eight (8) vendor packages were picked up for consideration of the Environmental Counsel contract; and
WHEREAS, the City of Newark received a total of four (4) proposals in response to its request; and
WHEREAS, Matsikoudis & Fanciullo, LLC, with offices located at 270 Marin Boulevard, Jersey City, New Jersey 07302, 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 services related to remediation of environmentally contaminated properties within the City of Newark; and
WHEREAS, the City of Newark wishes to enter into contract with Matsikoudis & Fanciullo, LLC, to provide litigation services related to remediation of environmentally contaminated properties within the City of Newark in an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00), for the period of June 1, 2014 through May 31, 2015; 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, 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; 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, 6PSF-a on August 1, 2012, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal 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 hereby authorized and directed on behalf of the City of Newark to enter into and execute a contract with Matsikoudis & Fanciullo, LLC, with offices located at 270 Marin Boulevard, Jersey City, New Jersey 07302, to provide litigation services related to remediation of environmentally contaminated properties within the City of Newark, in an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00), for the period of June 1, 2014 through May 31, 2015, which shall cover those existing matters currently being handled by Matsikoudis & Fanciullo, LLC, as well as new matters that may arise during the contract term.
2. The term of this contract shall be June 1, 2014 through May 31, 2015 for such matters that may arise during the contract term.
3. The Municipal Council hereby ratifies this contract from June 1, 2014 to the date of adoption of this authorizing resolution.
4. 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 and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, adopted on August 1, 2012 .
5. A certification of funds from the Acting Chief Financial Officer stating that there are sufficient and available funds for this purpose, is attached hereto.
6. A copy of the executed contract 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 hereby ratifies and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into and execute a contract on behalf of the City of Newark for legal services for Environmental Counsel Matters with Matsikoudis & Fanciullo, LLC, with offices located at 270 Marin Boulevard, Jersey City, New Jersey 07302, in an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00), for the period of June 1, 2014 through May 31, 2015.