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 Redevelopment Counsel.
Entity Name: Michael A. Armstrong and Associates, LLC.
Entity Address: Willingboro, New Jersey 08046
Additional Contract Amount: Not to exceed $119,552.65
Funding Source: 2022 Budget/Law Department/NW011-0450451-A-71260-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-h adopted on July 13, 2022 awarded a contract in an amount not to exceed $25,000.00 for the period of January 1, 2022 through December 31, 2022.
The First Amendment increases the contract amount by $94,552.65 for a total contract amount not to exceed $119,552.65 for the period of January 1, 2022 through December 31, 2022.
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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 July 13, 2022, awarded a contract to Michael A. Armstrong and Associates, LLC, of Willingboro, New Jersey 08046, to provide legal services as Redevelopment Counsel, in an amount not to exceed Twenty-Five Thousand Dollars and Zero Cents ($25,000.00), for a period of January 1, 2022 through December 31, 2022; and
WHEREAS, Michael A. Armstrong and Associates, LLC, has outstanding legal bills, which has exhausted the total contract amount; and
WHEREAS, the outstanding legal bills require an increase in the total contract amount; and
WHEREAS, Michael A. Armstrong and Associates, LLC represents to the City of Newark that an additional Ninety-Four Thousand Five Hundred Fifty-Two Dollars and Sixty-Five Cents ($94,552.65), is necessary to cover the outstanding legal bills; 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-Four Thousand Five Hundred Fifty-Two Dollars and Sixty-Five Cents ($94,552.65), brings the total contract to an amount not to exceed One Hundred Nineteen Thousand Five Hundred Fifty-Two Dollars and Sixty-Five Cents ($119,552.65) for 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 with Michael A. Armstrong and Associates, LLC, of Willingboro, New Jersey 08046, for an additional Ninety-Four Thousand Five Hundred Fifty-Two Dollars and Sixty-Five Cents ($94,552.65) brings the total contract to an amount not to exceed One Hundred Nineteen Thousand Five Hundred Fifty-Two Dollars and Sixty-Five Cents ($119,552.65) for the period of January 1, 2022 through December 31, 2022 to cover the outstanding legal bills.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement from January 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 2022 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 One Hundred Nineteen Thousand Five Hundred Fifty-Two Dollars and Sixty-Five Cents ($119,552.65) 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. Activity Acct.# Bud. Ref.
NW011 045 0451 A 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 with Michael A. Armstrong and Associates, LLC, of Willingboro, New Jersey 08046, for Redevelopment Counsel for an additional $94,552.65, for a total contract amount not to exceed $119,552.65 for the period of January 1, 2022 through December 31, 2022. This contract is ratified from January 1, 2022 to date of adoption of this Resolution.