Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i) provides for the award of a contract for Legal Services, Consultation and Representation of the Municipal Council and the City Clerk
Purpose: To provide legal services, consultation and representation of the Municipal Council and the City Clerk, including Production of Records and/or Documents for Federal and/or State Agencies.
Entity Name: Arleo & Donohue, LLC
Entity Address: 622 Eagle Rock Avenue, West Orange, New Jersey 07052
Contract Amount: Not to exceed $50,000.00
Funding Source: 2021 Budget/Office of the City Clerk/NW011-020-0201-71280-B2021
Contract Period: One (1) year from date of adoption by the Municipal Council
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Partial Certification of Funds in the amount of $25,000.00.
body
WHEREAS, the Municipal Council and the City Clerk has a need for legal services, as it pertains to consultation and representation on matters, including, but not limited to the production of records and/or documents for Federal and/or State agencies; and
WHEREAS, the City of Newark wishes to enter into a contract with Arleo & Donohue, LLC, 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services, as it pertains to consultation and representation to the Municipal Council and the City Clerk, on matters, including, but not limited to the production of records and/or documents for Federal and/or State agencies, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of one (1) year from the date of adoption by the Municipal Council; and
WHEREAS, the proposal received from the law firm, Arleo & Donohue, LLC, 622 Eagle Rock Avenue, West Orange, New Jersey 07052, was found to be in the best interest of the City of Newark to accept, price, and other factors considered; and
WHEREAS, the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay-to-Play Reform Ordinance, 2:4-22C, et al., which forbids, inter alia, the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark; and continuing political committees or political action committees regularly engaged in the support of the City; and certain other political party or candidate committees, in excess of certain thresholds; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Non-Fair and Open Contract pursuant to N.J.S.A. 40A:11-5(1)(a)(i).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City Clerk, on behalf of the City of Newark is hereby authorized to enter into and execute a contract with Arleo & Donohue, LLC, 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services, as it pertains to consultation and representation to the Municipal Council and the City Clerk, on matters, including, but not limited to the production of records and/or documents for Federal and/or State agencies, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of one (1) year from the date of adoption by the Municipal Council.
2. Pursuant to N.J.A.C. 5:30-5(a), Budget, attached hereto is the Chief Finance Officer's Certification, which states funds in the amount of $25,000.00 are available in the 2021 Budget, Business Unit: NW011; Dept.: 020; Div./Proj.: 0201; Activity: A; Account #: 71280; Budget Ref.: B2021. The balance of the funds will be available in the 2021 Adopted Budget. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
3. The contract is awarded as a Non-Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay to Play Ordinance, 2:4-22C.
4. The contract will contain language prohibiting any contributions in violation of any state or local law.
5. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk and shall be made available for public inspection.
6. There shall be no amendments or changes to 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 City Clerk, on behalf of the City of Newark to enter into and execute an Exception to Public Bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i) contract with Arleo & Donohue, LLC, 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services, as it pertains to consultation and representation to the Municipal Council and the City Clerk on matters, including, but not limited to the production of records and/or documents for Federal and/or State agencies, in an amount not to exceed $50,000.00, for the period of one (1) year from the date of adoption by the Municipal Council.