Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services concerning Labor and Employment Matters.
Entity Name: Cleary, Giacobbe, Alfieri and Jacobs, LLC
Entity Address: 955 State Route 34, Suite 200, Matawan, New Jersey 07747
Contract Amount: Not to exceed $50,000.00
Funding Source: 2024 Budget/Law Department/Bus. Unit: NW011, Fund 011, Dept. 040, Div./Proj.: 0461, Account: #71260 , Ref.: B2024
Contract Period: January 1, 2024 through December 31, 2024
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:
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WHEREAS, the City of Newark 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, the Corporation Counsel of the City of Newark caused to be published in the Star Ledger and on the City of Newark’s electronic procurement portal, a Notice of Request for Qualifications (RFQ) for Labor and Employment Counsel Services on or about September 6, 2023; and
WHEREAS, the City of Newark received a total of twenty-two (22) proposals in response to the RFQ for Labor and Employment; and
WHEREAS, Cleary, Giacobbe, Alfieri and Jacobs, LLC, submitted a proposal and it was found based upon price and other factors to be in the best interest of the City of Newark to accept the proposal for the purpose of providing Legal Services concerning Labor and Employment Counsel Services; and
WHEREAS, the City of Newark wishes to enter into a contract with Cleary, Giacobbe, Alfieri and Jacobs, LLC., to provide Legal Services concerning Labor and Employment Matters, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for a period of January 1, 2024 through December 31, 2024, which shall cover those existing matters currently being handled Cleary, Giacobbe, Alfieri and Jacobs, LLC, 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 for an amount over $44,000.00 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5 and is in compliance with the State Pay-to-Play and the City’s Pay-to-Play Ordinance; and
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 Cleary, Giacobbe, Alfieri and Jacobs, LLC., 955 State Route 34, Suite 200, Matawan, New Jersey 07747 to provide Legal Services concerning Labor and Employment Matters, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00, for the period of January 1, 2024 through December 31, 2024, which shall cover those existing matters currently being handled by Cleary, Giacobbe, Alfieri and Jacobs, LLC, as well as new matters that may arise during the contract term.
2. This contract is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i) and is in compliance with the City’s Ordinance on Pay-to-Play.
3. This contract is awarded as an open-ended contract; pursuant to N.J.A.C. 5:30-5.5(d)(2). A Certification of the Availability of Funds shall be executed each time a purchase order is placed and charged against the following Funding Sources Budget/Law Department/Bus. Unit: NW011, Fund 011, Dept. 040, Div./Proj.: 0461, Acct:71260 , Ref.: B2024 This contract shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00)
4. A copy of the executed Agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and same 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 authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into a contract for Professional Services for Labor and Employment Matters with Cleary, Giacobbe, Alfieri and Jacobs, LLC 955 State Route 34, Suite 200, Matawan, New Jersey 07747, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2024 through December 31, 2024.