Title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services as Special Counsel.
Entity Name: Chasan, Lamparello, Mallon & Cappuzzo, P.C.
Entity Address: 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094
Contract Amount: Not to exceed $50,000.00
Funding Source: 2022 Budget/Law Department
Contract Period: January 1, 2022 through December 31, 2022
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:
Partial Certification of Funds in the amount of $15,000.00.
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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, exempt from the requirement of public bidding, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, Chasan Lamparello Mallon and Cappuzzo, P.C. agreed to serve as Special Counsel to the City of Newark, in the matter of Mack-Cali Realty Corp., et al. v. State of New Jersey, et al., Docket No.: A-003097-18 which is currently pending for oral argument before the New Jersey Supreme Court Mack-Cali Realty Corp., et al. v. State of New Jersey, et al., Docket No.: 085465; and
WHEREAS, given the allegations in the Complaint and complexity of this matter, the Corporation Counsel deemed it more efficient and cost-effective for Chasan Lamparello Mallon & Cappuzzo, P.C. to handle this litigation on behalf of the City of Newark; and
WHEREAS, Chasan Lamparello Mallon & Cappuzzo, P.C. submitted a proposal to provide Legal Services concerning this matter, and it was found to be in the best interest of the City of Newark to accept the proposal for the purpose of representing the City’s interests and to provide Legal Services for this limited litigation matter; and
WHEREAS, the Mayor and/or his designee, the Corporation Counsel, wish to enter into a contract with Chasan Lamparello Mallon & Cappuzzo, P.C. to provide Legal Services, as it pertains to this matter, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2022 through December 31, 2022; 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, 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; and
WHEREAS, Chasan Lamparello Mallon & Cappuzzo, P.C., 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 of Newark in the prior year, and the contract will prohibit them from making any reportable contributions through the term of the contract; and
WHEREAS, 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 is in compliance with State Pay-to-Play and the City’s Pay-to-Play Ordinance.
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 authorized and directed on behalf of the City of Newark to execute a contract with Chasan Lamparello Mallon & Cappuzzo, P.C., 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094, to provide Legal Services concerning Mack-Cali Realty Corp., et al. v. State of New Jersey, Docket No.: A-003097-18, which is currently pending for oral argument before the New Jersey Supreme Court Mack-Cali Realty Corp., et al. v. State of New Jersey, et al., Docket No.: 085465, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2022 through December 31, 2022 to cover Legal Services in the above mentioned matter.
2. The Municipal Council ratifies this contract for the period January 1, 2022 to the date of adoption of this authorizing resolution.
3. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is the Chief Finance Officer’s Certification, which states partial funds in the amount of $15,000.00 are available in the 2021 Temporary Budget the balance to be provided in the 2021 Adopted Budget. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
4. 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.
5. 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 and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into a contract for Legal Services as Special Counsel in Mack-Cali Realty Corp., et al. v. State of New Jersey, Docket No.: A-003097-18 with Chasan Lamparello Mallon & Cappuzzo, P.C. for an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2022 through December 31, 2022.