Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To serve as Per Diem Attorneys in the Newark Municipal Court (Night Court)
Entity Name: White & Co. Attorneys & Counsellors LLC
Entity Address: 523 Park Avenue, Suite 3, Orange, New Jersey 07050
Contract Amount: Not to exceed $100,000.00
Funding Source: 2025 Budget/Law Department - NW011, Department 040, Division 0401, Account 71260, Budget 2025
Contract Period: January 1, 2025 through December 31, 2025
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Partial Certification of Funds in the amount of $25,000.00
body
WHEREAS, the City of Newark operates a Municipal Court and has a need to engage attorneys as Special Municipal Prosecutors; 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 Corporation Counsel of the City of Newark caused to be published in the Star Ledger, on the City of Newark’s website, a Notice of Request for Qualifications (RFQ) for Municipal Prosecutor Services on or about October 23, 2024; and
WHEREAS, the City of Newark received a total of four (4) proposals in response to its request; and
WHEREAS, White & Co. Attorneys & Counsellors LLC, submitted a proposal and it was found based upon price and other factors to be in the best interest of the City of Newark to accept the proposal for the purpose of providing Legal Services concerning Special Municipal Prosecutors (Night Court); and
WHEREAS, the vendor shall expressly acknowledge and agree that services may be required from any and/or all of the single vendors with no single vendor receiving any promise or guarantee of minimum compensation except for a flat daily fee of $250.00 per session should such service be required; and
WHEREAS, the City of Newark wishes to enter into a contract with White & Co. Attorneys & Counsellors LLC, to provide legal services concerning Special Municipal Prosecutors (Night Court), for an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of January 1, 2025 through December 31, 2025:
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 is for an amount over $44,000.00 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5 and is in compliance with the State Pay-to-Play and the City’s Pay-to-Play Ordinance.
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 authorized on behalf of the City of Newark to execute a contract with White & Co. Attorneys & Counsellors LLC, 523 Park Avenue, Suite 3, Orange, New Jersey 07050, to provide Legal Services in the capacity as Special Municipal Prosecutor (Night Court).
2. This contract is being awarded pursuant to the fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) and is in compliance with the City’s Ordinance on Pay-to-Play.
3. This contract shall be awarded in one (1) fiscal year and this contract is subject to the availability and appropriation of sufficient funds in the 2025 fiscal budget pursuant to N.J.A.C. 5:30-5.5(e). Funds for this contract in the amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), shall be provided by the City of Newark 2025 Budget/Law Department - NW011, Department 040, Division 0401, Account 71260, Budget 2025.
4. Pursuant to N.J.A.C 5:30-5.5(a), a Temporary Budget, attached hereto is a partial Certification of Funds issued by the Chief Financial Officer, which states that funds in the amount of Twenty-Five Thousand Dollars and Zero Cents ($25,000.00), Line NW011, Department 040, Division 0401, Account 71260, Budget 2025 are available in the aforementioned Law Department Budget, for the purpose set forth hereinabove. The Certification of Funds shall be filed along with this Resolution in the Office of the City Clerk.
5. This Agreement is hereby ratified from January 1, 2025 through the date of adoption of this authorizing resolution.
6. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and 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 authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into a contract with White & Co. Attorneys & Counsellors LLC, 523 Park Avenue, Suite 3, Orange, New Jersey 07050, to provide legal services in the capacity as Special Municipal Prosecutors (Night Court) in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of January 1, 2025 through December 31, 2025. This resolution is ratified back to January 1, 2025 from the date of adoption.