title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Second Amendment to the Agreement to Provide Legal Services as Special Tax Counsel to Increase Contract Amount by $4,134.00
Entity Name: Wisniewski & Associates, LLC
Entity Address: 17 Main Street, Sayreville, New Jersey 08872
Contract Amount: $85,000.00
Additional Amount: $4,134.00
Funding Source: City of Newark Budget/Law Department
Contract Period: January 1, 2014 through December 31, 2014
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Service ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
Contract Awarded -Resolution 7R7-o, adopted on December 18, 2013; Increasing Contract Amount by $4,134.00, not to exceed $89,134.00.
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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, by Resolution 7R7-o, adopted on December 18, 2013, awarded a contract to Wisniewski & Associates, LLC, 17 Main Street, Sayreville, New Jersey 08872, to serve as Special Tax Counsel for matters that were currently being handled by Wisniewski & Associates, LLC and any new matters that may arise during the contract term, in an amount not to exceed Thirty Five Thousand Dollars and Zero Cents ($35,000.00), for the period of January 1, 2014 through December 31, 2014; and
WHEREAS, the Municipal Council of the City of Newark by Resolution 7R7-e adopted on November 17, 2014, authorized a First Amended Agreement to continue to provide legal services in several open cases pending resolution as Special Tax Counsel for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) for a total contract amount of Eighty-Five Thousand Dollars and Zero Cents ($85,000.00), for the period of January 1, 2014 through December 31, 2014; and
WHEREAS, Wisniewski & Associates, LLC, currently has outstanding legal bills for December 2014, which exceed the contract amount; and
WHEREAS, the outstanding legal bills for 2014 require an increase in the total contract amount; and
WHEREAS, Wisniewski & Associates, LLC, represents to the City of Newark that the total outstanding balance for 2014 is Four Thousand One Hundred Thirty Four Dollars and Zero Cents ($4,134.00), for legal services provided through December 31, 2014; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding legal bills through December 31, 2014; and
WHEREAS, the increase of an additional Four Thousand, One Hundred Thirty-Four Dollars and Zero Cents ($4,134.00), brings the total contract to an amount not to exceed Eighty-Nine Thousand One Hundred Thirty-Four Dollars and Zero Cents ($89,134.00), for January 1, 2014 through December 31, 2014; and
WHEREAS, the 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 competitive bidding must be published in a local newspaper; and
WHEREAS, this contract amendment was awarded as a Non-Fair and Open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter "Pay-to-Play Executive Order") and the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, adopted on August 1, 2012, which forbids the award of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates and 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 of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds and 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 and/or his designee, the Corporation Counsel, are authorized and directed on behalf of the City of Newark to execute a Second Amendment to the Agreement with Wisniewski & Associates, LLC, 17 Main Street, Sayreville, New Jersey 08872, for legal services provided through December 2014 as Special Tax Counsel for an additional Four Thousand One Hundred Thirty-Four Dollars ($4,134.00), for a total contract amount not to exceed Eighty-Nine Thousand One Hundred Thirty-Four Dollars and Zero Cents ($89,134.00), to cover outstanding bills.
2. The Municipal Council ratifies this second contract amendment from January 1, 2014 to the date of the adoption of this resolution.
3. All other terms and conditions of the contract shall remain the same.
4. This Second Amendment to the Agreement to provide Legal Services is made in accordance with the professional services exception to public bidding in the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)), and pursuant to the Non-Fair and Open Procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and is in compliance with the City of Newark Pay-to-Play Executive Order and the "Contractor "Pay-to-Play Reform" ordinance, codified at Section 2:4-22C of the Revised General Ordinances of Newark, New Jersey.
5. Attached hereto is a Certification of Funds from the Municipal Comptroller of the City of Newark, which states that there are sufficient funds, in the amount of Four Thousand One Hundred Thirty-four Dollars and Zero Cents ($4,134.00), for the purpose set forth above. The Certification of Funds shall be filed along with the original resolution in the Office of the City Clerk.
6. State of New Jersey, Department of Community Affairs, Division of Local Government Services has approved Contract Request Form NWK 184.
7. A copy of the executed Second Amendment to the Agreement to provide Legal Services shall be filed in the Office of the City Clerk by the Corporation Counsel 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 the adoption of this resolution.
STATEMENT
This resolution ratifies, amends and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into and execute a Second Amendment to the Agreement with Wisniewski & Associates, LLC, 17 Main Street, Sayreville, New Jersey 08872, to provide Legal Services as Special Tax Counsel for an additional Four Thousand One Hundred Thirty-Four Dollars and Zero Cents ($4,134.00), for a total contract amount not to exceed Eighty-Nine Thousand One Hundred Thirty-Four Dollars and Zero Cents ($89,134.00).