Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide Special Legal Services for Litigation Matters
Entity Name: L’Abbate, Balkin, Colavita and Contini, L.L.P
Entity Address: 100 Eagle Rock Avenue, Suite 220, East Hanover, New Jersey 07936
Contract Amount: Not to Exceed $125,000.00
Funding Source: 2024 Budget/Law Department/Bus. Unit. NW011, Dept. 040, Div./Proj. 0401, Account #71260, B2024
Contract Period: January 1, 2024 through December 31, 2024
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:
body
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 City of Newark wishes to enter into a contract with L’Abbate, Balkin, Colavita and Contini, L.L.P to provide Legal Services concerning Litigation Defense Matters, in an amount not to exceed One Hundred and Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for a period of January 1, 2024 through December 31, 2024, which shall cover those existing matters currently being handled by L’Abbate, Balkin, Colavita and Contini, L.L.P, as well as new matters that may arise during the contract term; and
WHEREAS, Local Public Contract 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
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, which contract has been determined and certified in writing to have a value in excess of $17,500.00; and
WHEREAS, L’Abbate, Balkin, Colavita and Contini, L.L.P 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 of Newark in the prior year, and the contract will prohibit them 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel, on behalf of the City of Newark is authorized to enter into and execute a contract with L’Abbate, Balkin, Colavita and Contini, L.L.P, 100 Eagle Rock Avenue, Suite 220, East Hanover, New Jersey 07936 to provide Legal Services concerning Litigation Defense Matters, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for a period of January 1, 2024 through December 31, 2024.
2. The authorization granted in this resolution is ratified back to January 1, 2024 through the date of adoption of this Resolution.
3. Attached is the Chief Finance Officer’s Certification, which states that partial available funds in the amount One Hundred Thousand Dollars and Zero Cents ($100,000.00), are available in the 2024 Budget. The Certification shall be filed, along with the original Resolution and the executed contract in the Office of the City Clerk. For the purposes set forth herein and the line appropriations which shall be charged are as follows:
Bus. Unit Dept. ID Div/Proj. Acct.# Bud. Ref.
NW 011 040 0401 71260 B2024
4. This contract is being awarded pursuant to the Non-Fair and Open Procedures of the Pay-to-Play Law (N.J.S.A. 19:44A-20.5 et seq.) and the Contractor Pay-to-Play Ordinance, 2:4-22C.1 and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) because these services are to be rendered by person(s) licensed as attorneys by the State of New Jersey.
5. The contract will contain language prohibiting any contributions in violation of any state or local law.
6. The Determination of Value and Business Entity Disclosure Certification are attached and shall be filed with the Office of the City Clerk.
7. The Corporation Counsel shall file a copy of the executed Agreement herein authorized in the Office of the City Clerk and shall be made available for public inspection.
8. 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 its passage.
9. There shall be no amendments or changes of this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
STATEMENT
This Resolution authorizes the Corporation Counsel, on behalf of the City of Newark, to enter into and execute a contract with L’Abbate, Balkin, Colavita and Contini, L.L.P, 100 Eagle Rock Avenue, Suite 220, East Hanover, New Jersey 07936 to provide Legal Services concerning Litigation Defense Matters, in an amount not to exceed One Hundred and Twenty- Five Thousand Dollars and Zero Cents ($125,000.00), for a period of January 1, 2024 through December 31, 2024. The contract is ratified back to January 1, 2024.