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 as Litigation Counsel.
Entity Name: Lite DePalma Greenberg and Afanador, LLC
Entity Address: 570 Broad Street, #1201, Newark, New Jersey 07102
Contract Amount: Not to exceed $222,394.87
Funding Source: 2022 Budget/Law Department/Business Unit: NW011, Dept.: 045, Div./Proj.: 0451, Activity A, Account #71260, Budget Ref. B2022
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:
Original Resolution 7R6-b adopted on May 18, 2022, awarded a contract in an amount not to exceed $125,000.00, for the period of January 1, 2022 through December 31, 2022.
The First Amendment will increase the contract amount by $97,394.87 for a total contract amount not to exceed $222,394.87.
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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-h, adopted on May 18, 2022, awarded a contract to Lite DePalma Greenberg and Afanador, LLC, 570 Broad Street, #1201, Newark, New Jersey 07102, to provide legal services as Litigation Counsel, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for a period of January 1, 2022 through December 31, 2022; and
WHEREAS, Lite DePalma Greenberg and Afanador, LLC, on or about June 2022, expended approximately One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), and continued to provide legal services at the request of the City’s Corporation Counsel for the remainder of the contract period; and
WHEREAS, the outstanding legal bills require an increase in the total contract amount by Ninety-Seven Thousand Three Hundred Ninety-Four Dollars and Eighty-Seven Cents ($97,394.87); and
WHEREAS, Lite DePalma Greenberg and Afanador, LLC, represents to the City of Newark (the “City”) that an additional Ninety-Seven Thousand Three Hundred Ninety-Four Dollars and Eighty-Seven Cents (97,394.87), is necessary to cover the outstanding legal bills through the remainder of the contract period; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding and anticipated legal bills through the remainder of the contract period; and
WHEREAS, the increase of an additional Ninety-Seven Thousand Three Hundred Ninety-Four Dollars and Eighty-Seven Cents ($97,394.87), brings the total contract to an amount not to exceed Two Hundred Twenty-Two Thousand Three Hundred Ninety- Four Dollars and Eighty- Seven Cents ($222,394.87) for the period of January 1, 2022 through December 31, 2022.
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 hereby authorized and directed on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to provide legal services as Litigation Counsel with Lite DePalma Greenberg and Afanador, LLC, 570 Broad Street, #1201, Newark, New Jersey 07102 for an additional Ninety-Seven Thousand Three Hundred Ninety-Four Dollars and Eighty-Seven Cents ($97,394.87), for the period to cover outstanding legal invoices from on or about July 1, 2022 through December 31, 2022; and bring the total contract to an amount not to exceed Two Hundred Twenty-Two Thousand Three Hundred Ninety-Four Dollars and Eighty-Seven Cents ($222,394.87) for the period of January 1, 2022 through December 31, 2022.
2. The Municipal Council hereby ratifies this first contract amendment from July 1, 2022 to the date of the adoption of this Resolution.
3. All other terms and conditions of the contract shall remain the same.
4. The funds for this First Amendment to the Agreement to provide legal services shall be paid from the City of Newark Budget/Department of Law, after the issuance of a Certification of Funds from the Director of the Department of Finance, which states that funds in the amount of Ninety-Seven Thousand Three Hundred Ninety-Four Dollars and Eighty-Six Cents ($97,394.86) are available in the aforementioned Law Department budget. The Certification of Funds shall be filed along with the original Resolution in the Office of the City Clerk.
Bus. Unit Dept. ID Div/Proj. Acct.# Bud. Ref.
NW011 045 0451 71260 B2022
5. A copy of the executed First Amendment to the Agreement to provide legal services herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and 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 Litigation Counsel with Lite DePalma Greenberg and Afanador, LLC, 570 Broad Street, #1201, Newark, New Jersey 07102, for an additional $97,394.87, which covers outstanding legal invoices from on or about July 1, 2022 through December 31, 2022, for an amended total contract amount not to exceed $222,394.87, for the period of January 1, 2022 through December 31, 2022. The First Amendment to the Agreement is ratified from July 1, 2022 to the date of adoption of this Resolution.