Title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide legal services as Special Counsel.
Entity Name: Pashman Stein Walder Hayden
Entity Address: 21 Main Street, Suite 200, Hackensack, New Jersey 07601
Contract Amount: Not to exceed $200,000.00
Funding Source: 2021 Budget/Law Department
Contract Period: October 1, 2020 through October 1, 2021
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
Special Legal Counsel for the City of Newark in the New Jersey Superior Court matter entitled United Services Inc. v. City of Newark, Docket ESX-C-221-18, which is a challenge to a Request for Proposals for Janitorial Services, during the contract term.
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WHEREAS, the City of Newark (the “City”) has a need to acquire Legal Services; and
WHEREAS, Legal Services are Professional Services exempted from the requirements for public bidding, pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, Pashman Stein Walder Hayden, has agreed to serve as Special Legal Counsel for the City in the New Jersey Superior Court matter entitled United Services Inc. v. City of Newark, Docket ESX-C-221-18, which is a challenge to a Request for Proposals for Janitorial Services, during the contract term; and
WHEREAS, given the complexity of this matter it is more efficient and cost-effective for Pashman Stein Walder Hayden, to handle this matter on behalf of the City; and
WHEREAS, Pashman Stein Walder Hayden, submitted a Proposal to provide legal services concerning this matter, and it was found to be in the City’s best interest to accept the Proposal for the purpose of representing the City’s interests and provide legal services in this matter; and
WHEREAS, the Mayor of the City of Newark and/or his designee, the Corporation Counsel, wish to enter into and execute a contract with Pashman Stein Walder Hayden, to provide legal services, as it pertains to this matter, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for the period October 1, 2020 through October 1, 2021; 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, Pashman Stein Walder Hayden, 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 Walder Hayden 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 public bidding, must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a adopted 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 of the City of Newark and/or his designee, the Corporation Counsel, are authorized and directed on behalf of the City of Newark, to enter into and execute a contract with Pashman Stein Walder Hayden with offices located at 21 Main Street, Suite 200, Hackensack, New Jersey 07601, to provide legal services in the New Jersey Superior Court matter entitled United Services, Inc. v. City of Newark, Docket ESX-C-221-18, which is a challenge to a Request for Proposals for Janitorial Services, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) for the period October 1, 2020 through October 1, 2021.
2. The Municipal Council ratifies this contract from the period October 1, 2020 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. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is a Partial Certification of funds from the Director of the Department of Finance/Chief Financial Officer certifying that funds in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), shall be charged to the following: Account Code Line: Business Unit NW011, Dept. 040, Div/Proj. 0401, Account #71260. The remainder of the funding for this contract will be subject to appropriation in the 2021 Budget.
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 ratifies and authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into and execute a contract with Pashman Stein Walder Hayden, to provide legal services in the New Jersey Superior Court matter entitled United Services, Inc. v. City of Newark, Docket ESX-C-221-18, which is a challenge to a Request for Proposals for Janitorial Services, for an amount not to exceed $200,000.00, for the period of October 1, 2020 through October 1, 2021.