Title
Dept/ Agency: Water & Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services for acquisition of properties for the new Combined Sewer Overflow CSO Facilities
Entity Name: Gluck Walrath, LLP
Entity Address: 428 River View Plaza, Trenton, NJ 08611
Contract Amount: $35,556.59
Funding Source: NW044-G95-S65Q-9471-B2001
Contract Period: January 1, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the City of Newark (City) has entered into an Administrative Consent Order (ACO) with the New Jersey Department of Environmental Protection and said ACO requires that the City construct Combined Sewer Overflow Solids/Floatables Control Facilities on specific parcels of property on which the outfall pipes exist; and
WHEREAS, pursuant to Resolution 7R12-a(S) adopted on September 21, 2010, the Municipal Council authorized the City of Newark to enter into a contract with the law firm of Gluck Walrath, LLP, with offices at 428 Riverview Plaza, Trenton, New Jersey 08611, for the period of January 1, 2010 until December 31, 2010 for an amount not to exceed $75,000.00, to handle the negotiation with the owners of the needed parcels or their attorneys, to acquire said parcels needed for construction of the CSO Facilities and if negotiations fail, to perform the legal services required to acquire the parcels through eminent domain; and
WHEREAS, since the above agreement with Gluck Walrath, LLP was approved in the ninth month of 2010 it resulted in an inadequate amount of time to complete the acquisition of the needed parcels; and
WHEREAS, pursuant to Resolution 7R12-d adopted on September 8, 2011, the City of Newark again entered into a new contract with the law firm of Gluck Walrath, LLP to continue to provide legal services in connection with acquisition of the needed parcels for the period of January 1, 2011 until December 31, 2011 for an amount not to exceed $66,100.59 which represents the unspent funds on the original contract; and
WHEREAS, this contract was again approved in the ninth month of the year and did not afford the law firm the necessary amount of time to complete the acquisition of the needed parcels; and
WHEREAS, the City of Newark now wishes to enter into a new contract with Gluck Walrath, LLP for the period of January 1, 2012 until December 31, 2012 to allow them to expend the unused balance on the existing contract in amount of $35,556.59, so they may continue to provide legal services in connection with acquisition of the needed parcels; and
WHEREAS, the City has applied for and was granted a waiver from the DCA MOU requirement that all professional service contracts be procured through a "Fair and Open Process" as the amount of this contract is limited to the amount unspent in the prior year, the contract is a continuation of a single legal matter, the time and cost for another legal firm to review and become familiar with the records, history and cost would be an inefficient use of existing funding and the potential NJDEP fines associated with noncompliance with the NJDEP ACO; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires notice that the award of contracts for Professional Services without competitive bidding to be published in a local newspaper; and
WHEREAS, this contract is for an amount over $17,500 and is being awarded pursuant to the "non-fair and open process" pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, Gluck Walrath, LLP has completed and submitted a Business Entity Disclosure Certification which certifies that Gluck Walrath, LLP has not made any reportable contributions to a political candidate committee in the City of Newark, in the previous one year, and that the contract will prohibit Gluck Walrath, LLP from making any reportable contributions through the term of the contract; and
WHEREAS, the Mayor of the City of Newark signed into law Executive Order Number MEO-07-001 (hereinafter "Pay-to-Play Executive Order") which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract.
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 the Corporation Counsel are hereby authorized and directed on behalf of the City of Newark to enter into an amended contract with Gluck Walrath LLP, located at 428 Riverside Plaza, Trenton New Jersey 08611, to extend the term of the prior contract to allow the law firm to continue to represent the City of Newark in the negotiation with the owners of the needed parcels or their attorneys, to acquire said parcels needed for construction of the CSO Facilities and if negotiations fail, to perform the legal services required to acquire the parcels through eminent domain at the total contract price of $35,556.59.
2. The term of the contract shall be amended from January 1, 2011 through December 31, 2011 to January 1, 2012 through December 31, 2012.
3. This contract is ratified from January 1, 2012 until the date that it is adopted by the Municipal Council.
4. This contract is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contract Law because the performance of the service required must be performed by someone who is licensed to practice law in the State of New Jersey.
5. This contract is being awarded pursuant to the non-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 Executive Order MEO-07-0001, effective March 31, 2007.
6. The Business Disclosure Entity Certification and the Determination of Value Letter shall be placed on file with this Resolution.
7. Gluck Walrath, LLP has completed and submitted a Business entity Disclosure Certificate which shall be placed on file with the Resolution in the Office of the City Clerk certifying that Gluck Walrath, LLP has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and the contract will prohibit Gluck Walrath, LLP from making reportable contributions through the term of the contract.
8. A duly executed copy of the amended contract shall be filed in the Office of the City Clerk by the Corporation Counsel.
9. A notice of this action shall be placed in the newspaper 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 the Corporation Counsel to enter into an amended contract with Gluck Walrath, LLP, located at 428 Riverview Plaza, Trenton, New Jersey 08611, to provide legal services in connection with the negotiation of the owners, or their attorneys, of the property parcels needed to be acquired for construction of the CSO Facilities and if negotiations fail, to perform the legal services required to acquire the parcels through eminent domain at no increase in cost and the total contract price of $35,556.59 and the contract term is January 1, 2012 through December 31, 2012.