Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services on matters as Special Counsel.
Entity Name: Pashman, Stein, Walder, Hayden, P.C.
Entity Address: 21 Main Street, Suite 200, Hackensack, New Jersey 07601
Contract Amount: Not to exceed $250,000.00
Funding Source: 2024 Budget/Law Department/Bus. Unit. NW011, Dept. 040, Div./Proj. 0401, Account #71260, B2024
Contract Period: January 1, 2024 through December 31, 2024
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Non-Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, the City of Newark (“City”) 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, Pashman Stein Walder Hayden, P.C., located at 21 Main Street, Suite 200, Hackensack, New Jersey 07601 (“Pashman Stein”), has agreed to serve as Special Counsel for the City; and
WHEREAS, the City wishes to enter into a contract with Pashman Stein to provide Legal Services concerning Special Counsel, in an amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), for a period of January 1, 2024 through December 31, 2024, which shall cover those existing matters currently being handled by Pashman Stein , 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 awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services; and
WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., requires a resolution of the Governing Body authorizing the award of contracts for professional services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the actions contemplated by this Resolution shall result in the award of a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5, which has been determined and certified in writing to have a value in excess of Seventeen Thousand Five Hundred Dollars and Zero Cents ($17,500.00); and
WHEREAS, Pashman Stein has completed and submitted a Business Entity Disclosure Certification, which certifies that it has not made any reportable contributions to a political or candidate committee in the City in the prior year and that the contract will prohibit Pashman Stein from making any reportable contributions through the term of the contract; 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, the 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).
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 authorized on behalf of the City of Newark to execute a contract with Pashman Stein Walder Hayden P.C., 21 Main Street, Suite 200 Hackensack, New Jersey 07601 (“Pashman Stein”), to provide Legal Services, in an amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), for the period of January 1, 2024 through December 31, 2024, which shall cover those existing matters currently being handled by Pashman Stein Walder Hayden P.C., as well as new matters that may arise during the contract term.
2. The Municipal Council ratifies this contract from the period of January 1, 2024 to the date of adoption of this Resolution.
3. This contract is awarded without competitive bidding as an exception to public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i) and as a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5.
4. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriated funds from Bus. Unit NW011, Dept 040, Division/Project 0401, Account #71260, Budget Ref. B2024, in the amount of Fifty Thousand Dollars and Zero Cents, ($50,000.00), for the purpose set forth herein.
5. The Business Disclosure Entity Certification and Determination of Value shall be filed with the Office of the City Clerk.
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 legal advertisements and as required by law within ten (10) days of adoption of this Resolution.
8. There shall be no amendments or changes of this Resolution without approval of the Municipal Council.
9. There shall be no advance payments on this contract, pursuant to N.J.S.A. 40A:5-16.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark, and/or his designee, the Corporation Counsel, to enter into a contract for Professional Services for Special Counsel with Pashman Stein Walder Hayden P.C., 21 Main Street Suite 200, Hackensack New Jersey 07601, in an amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), for the period of January 1, 2024 through December 31, 2024.