Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: First Amendment to the Agreement to provide legal services concerning Litigation Defense Matters.
Entity Name: DeCotiis, Fitzpatrick, Cole, Giblin, LLP
Entity Address: 61 South Paramus Road, Paramus, New Jersey 07652
Contract Amount: Not to exceed $250,000.00
Additional Contract Amount: $150,000.00
Funding Source: 2024 Budget/Law Department/Bus. Unit, NW011, Dept. 040, Div./Proj.: 0401, Activity A, Account #71260, Budget Ref. B2024
Contract Period: January 1, 2024 through December 31, 2024
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open () No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R6-p, adopted on December 20, 2023, authorized a contract in an amount not to exceed $100,000.00, for a period of January 1, 2024 through December 31, 2024.
This First Amendment will increase the contract amount by $150,000.00, for a new total contract amount not to exceed $250,000.00.
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WHEREAS, the City of Newark (the “City”) is involved in ongoing legal matters and therefore has a need to acquire legal services; 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 Municipal Council, by Resolution 7R6-p, adopted on December 20, 2023 awarded a contract to DeCotiis, Fitzpatrick, Cole, Giblin, LLP, 61 South Paramus Road, Paramus, New Jersey 07652, to provide legal services concerning Litigation Defense Matters, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a period of January 1, 2024 through December 31, 2024; and
WHEREAS, DeCotiis, Fitzpatrick, Cole, Giblin, LLP, on or about August 2024 expended the $100,000.00 and continued to provide legal services at the request of the Corporation Counsel for the remainder of the contract period; and
WHEREAS, the cost for the continued legal service is expected to increase the total contract amount to $250,000.00; 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 Fifty Thousand Dollars and Zero Cents ($150,000.00), to bring the total contract to an amount not to exceed Two Hundred Fifty Thousand and Zero Cents ($250,000.00) for January 1, 2024 through December 31, 2024.
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, Paramus, New Jersey 07652, to continue providing legal services concerning Litigation Defense matters for an additional One Hundred and Fifty Thousand Dollars and Zero Cents ($150,000.00), to bring the total contract to an amount not to exceed Two Hundred Fifty Thousand and Zero Cents ($250,000.00) for January 1, 2024 through December 31, 2024.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from December 20, 2024 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(a), a Temporary Budget, attached hereto is a partial Certification of Funds issued by the Chief Financial Officer, which states that funds in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00), line NW011, Department 046, Division 0461, Account 71260, Budget 2024 are available in the aforementioned Law Department Budget, for the purpose set forth hereinabove. The Certification 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 counsel for Litigation Defense matters with DeCotiis, Fitzpatrick, Cole, Giblin, LLP, 61 South Paramus Road, Paramus, New Jersey 07652, an additional One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), to bring the total contract to an amount not to exceed Two Hundred Fifty Thousand and Zero Cents ($250,000.00) for January 1, 2024 through December 31, 2024.