Title
Dept/ Agency: Office of the Mayor
Action: (X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To serve as Per Diem Public Defender for the Newark Municipal Court representing Indigent Defendants.
Entity Name: Bernardo Henry, Esq.
Entity Address: 214 Oakwood Avenue, Suite 3, Orange, New Jersey 07050
Contract Amount: Not to exceed $17,000.00
Funding Source: 2020 Budget/Office of the Mayor
Contract Period: January 1, 2020 through December 31, 2020
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:
body
WHEREAS, the City of Newark (the “City”) is in need of Per Diem Attorneys to serve as Municipal Public Defenders to be assigned to cases in the Newark Municipal Court; and
WHEREAS, the City desires to enter into and execute a contract with Bernardo W. Henry, Esq., 214 Oakwood Avenue, Suite 3, Orange, New Jersey 07050, to serve as a Per Diem Municipal Public Defender for the Newark Municipal Court, representing indigent defendants, for an amount not to exceed $17,000.00, for the period commencing January 1, 2020 and terminating December 31, 2020; and
WHEREAS, this contract is for an amount under $17,500.00 and therefore is not subject to State Pay-to-Play Law (N.J.S.A. 19:44A-20.5); and
WHEREAS, this contract is being awarded as a Professional Service pursuant to the provisions of the State Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)); and
WHEREAS, the City of Newark’s Municipal Council adopted Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract; and
WHEREAS, the State Local Public Contracts Law, (N.J.S.A. 40A:11-1, et seq.) requires a resolution authorizing the award of contracts for “Professional Services”.
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 Chief Municipal Public Defender, are hereby authorized to enter into and execute a Professional Services contract with Bernardo W. Henry, Esq., 214 Oakwood Avenue, Suite 3, Orange, New Jersey 07050, to serve as a Per Diem Municipal Public Defender for the Newark Municipal Court, representing indigent defendants, for an amount not to exceed $17,000.00, for the period commencing January 1, 2020 and terminating December 31, 2020.
2. This contract is for an amount under $17,500.00 and therefore is not subject to State Pay-to-Play Law, N.J.S.A. 19:44A-20.5.
3. This contract is being awarded as a Professional Service pursuant to the provisions of the State Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) because the required service must be performed by someone who is licensed to practice law in the State of New Jersey and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. This contract is being awarded as open-ended contract under N.J.A.C. 5:30-5.5(b), and pursuant to N.J.A.C. 5:30-5.5(b)(2), a certification of availability of funds shall be executed each time services are used and charged against contract.
5. The contract between the City and Bernardo W. Henry, Esq., shall be ratified from January 1, 2020 through the date of the adoption of this authorizing resolution.
6. The Chief Municipal Public Defender shall file a copy of the fully executed contract herein authorized in the Office of the City Clerk and it shall be made available for public inspection.
7. 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 and/or his designee, the Chief Municipal Public Defender to enter into and execute a professional services contract with Bernardo W. Henry, Esq., 214 Oakwood Avenue, Suite 3, Orange, New Jersey 07050, to serve as a Per Diem Municipal Public Defender for the Newark Municipal Court, representing indigent defendants for an amount not to exceed $17,000.00, for the period commencing January 1, 2020 and terminating December 31, 2020.