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 concerning Special Tax Matters
Entity Name: DeCotiis, Fitzpatrick, Cole & Giblin, LLP
Entity Address: 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652
Contract Amount: Not to exceed $350,000.00
Additional Contract Amount: $150,000.00
Funding Source: 2024 Budget/Finance Department, Fund 045, Department 18G Project 18B00 Account 94710 B2024
Contract Period: January 1, 2024 through December 31, 2024
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:
Resolution 7R6-t adopted on December 20, 2023, awarded a contract for the period of January 1, 2024 through December 31, 2024 for a contract amount not to exceed $200,000.00.
This First Amendment will increase the contract amount by $150,000.00, for a new total contract amount not to exceed $350,000.00.
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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 of the City of Newark (“City”), by Resolution 7R6-t, adopted on December 20, 2023, awarded a contract to DeCotiis, Fitzpatrick, Cole & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, NJ 07652 (the “Firm”), to provide legal services concerning Special Tax matters, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00)(“Contract Amount”), for a period of January 1, 2024 through December 31, 2024 (“Contract Year”); and
WHEREAS, the contract was awarded in compliance with Local Public Contracts Law, through the fair and open process, pursuant to N.J.S.A. 19:44A-20.5, and was in compliance with the State Pay-to-Play; and
WHEREAS, the Firm currently has outstanding legal bills for 2024 and pending legal matters, which have exhausted the Contract Amount; and
WHEREAS, the Firm continues to vigorously represent the City in matters for which bills have been submitted and will be submitted for the remainder of the Contract Year; and
WHEREAS, the outstanding legal invoices, anticipated bills and open pending legal matters require an increase in the total contract amount of $150,000.00; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding legal bills through the remainder of the Contract Year; and
WHEREAS, the increase of an additional One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), brings the total contract to an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00) for January 1, 2024 through December 31, 2024; and
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, is hereby authorized on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to Provide Legal Services with DeCotiis, Fitzpatrick, Cole, & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to continue providing legal services concerning Special Tax Matters, for an additional One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) for a total contract amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00) for the period of January 1, 2024 through December 31, 2024, to cover the outstanding legal invoices, ongoing and new matters that may arise during the term of the Contract.
2. The Newark Municipal Council hereby ratifies this First Amendment to the Agreement to Provide Legal Services from December 20, 2023, to the date of the adoption of this Resolution.
3. All other terms and conditions of the Contract shall remain the same.
4. The First Amendment to the Agreement to Provide Legal Services is made in accordance with the Professional Services Exception to public bidding in the Local Public Contract Law (N.J.S.A. 40A:11-5(1)(a)(i)), and pursuant to the Fair and Open Procedures of the State Pay-to-Play (N.J.S.A. 19:44A-20.5).
5. The Director of the Department of Finance issued a Certification of Funds for the First Amendment to the Agreement to Provide Legal Services in the amount of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), and the line appropriation which shall be charged is as follows: line Fund 045, Department 18G, Project 18B00, Account 94710, Budget 2024.
6. The Corporation Counsel shall file a copy of the executed First Amendment to the Agreement to Provide Legal Services herein authorized and the Certification of Funds in the Office of the City Clerk and the same 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 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 with DeCotiis, Fitzpatrick, Cole, & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, as Special Tax Counsel, for an additional $150,000.00 for a total contract amount not to exceed $350,000.00, for the period of January 1, 2024 through December 31, 2024.