Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: First Amendment to the Agreement to provide legal services concerning Special Tax Matters.
Entity Name: DeCotiis, Fitzpatrick, Cole and Giblin, LLP
Entity Address: 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652
Contract Amount: Not to exceed $375,000.00
Funding Source: 2023 Budget/Law Department
Contract Period: January 1, 2023 through December 31, 2023
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Original Resolution 7R6-f adopted on December 21, 2022, awarded a contract in an amount not to exceed $200,000.00, for the period of January 1, 2023 through December 31, 2023.
This First Amendment will increase the contract amount by $175,000.00, for a new total contract amount not to exceed $375,000.00.
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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 Municipal Council, by Resolution 7R6-f, adopted on December 21, 2022, awarded a contract to DeCotiis, Fitzpatrick, Cole & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to provide legal services concerning Special Tax Matters, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for a period of January 1, 2023 through December 31, 2023; and
WHEREAS, DeCotiis, Fitzpatrick, Cole, & Giblin, LLP, on or about July 2023 expended the $200,000.00 and continued to provide legal services at the request of the Corporation Counsel for the remainder of the contract period; and
WHEREAS, the outstanding legal invoices require an increase in the total contract amount of $175,000.00; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding legal bills through the remainder of the contract period; and
WHEREAS, the increase of an additional One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00), brings the total contract to an amount not to exceed Three Hundred Seventy-Five Thousand Dollars and Zero Cents ($375,000.00) for January 1, 2023 through December 31, 2023.
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, on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to provide legal services with DeCotiis, Fitzpatrick, Cole, & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to continue providing legal services concerning Special Tax Matters for an additional One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00) for a total contract amount not to exceed Three Hundred Seventy-Five Thousand Dollars and Zero Cents ($375,000.00) for the period of January 1, 2023 through December 31, 2023, to cover the outstanding legal invoices from on or about August 01, 2023 - December 31, 2023.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from August 01, 2023 to the date of the adoption of this Resolution.
3. All other terms and conditions of the Contract shall remain the same.
4. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is Comptroller’s partial certification which states that funds in the amount of Eighty-One Thousand Five Hundred Ninety Seven Dollars and Eighty-Seven Cents ($81,597.87), are available in the 2023 Budget under Business Unit: NW011, Department 040, Division 0401, Account 71260, Budget 2023 in the aforementioned Law Department Budget. All Certifications of Funds shall be filed along with the original Resolution in the Office of the City Clerk.
5. The Corporation Counsel shall file a copy of the executed First Amendment to the Agreement to provide legal services herein authorized in the Office of the City Clerk and the same 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, amends and authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into and execute a First Amendment to the Agreement to provide legal services as Special Tax Counsel for an additional $175,000.00 for a total contract amount not to exceed $375,000.00, for the period of January 1, 2023 through December 31, 2023.