Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services as Special Municipal Prosecutor
Entity Name: Florio & Kenny, LLP
Entity Address: 5 Marine View Plaza, Suite 103, PO Box 771, Hoboken, NJ 07030
Contract Amount: Not to exceed $7,000.00
Funding Source: City of Newark Budget/Law Department/Open-ended
Contract Period: May 2, 2012 to December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( x ) Fair & Open ( x ) No Reportable Contributions ( ) RFP ( x ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Invitation: Corporation Counsel, June 6, 2012
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WHEREAS, the City of Newark operates a Municipal Court and has an ongoing need to obtain the legal services of Special Municipal Prosecutors; and
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:11-1 et seq.; and
WHEREAS, the City of Newark issued a Request for Qualifications for Municipal Prosecutor Services on or about March 28, 2012; and
WHEREAS, the City of Newark received a total of ten (10) proposals in response to its request; and
WHEREAS, Florio & Kenny, L.L.P., with offices located at 5 Marine View Plaza, Suite 103, P.O. Box 771, Hoboken, New Jersey 07030, 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,for the purpose of obtaining the legal services of a Special Municipal Prosecutor; and
WHEREAS, the City of Newark wishes to enter into a contract with Florio & Kenny, LLP, to provide legal services in the capacity as Special Municipal Prosecutor in an amount not to exceed Seven Thousand Dollars ($7,000.00) at a rate of $250.00 per court session, for the period of January 1, 2012 through December 31, 2012; 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 public bidding must be published in a local newspaper; and
WHEREAS, Florio & Kenny, LLP, has completed and submitted Political Contribution Disclosure Forms which certify that the Business Entity has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and that the contract will prohibit Florio & Kenny, LLP from making any prohibited contributions through the term of the contract; and
WHEREAS, this contract is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, this contract is for an amount under $17,500 and therefore is not subject to State Pay-to-Play Law 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"), which 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 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 execute a contract with Florio & Kenny, LLP to provide legal services in the capacity as Special Municipal Prosecutor in an amount not to exceed Seven Thousand Dollars ($7,000.00), at a rate of $250.00 per court session, for the period of January 1, 2012 to December 31, 2012.
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 Executive Order MEO-07-0001, effective March 31, 2007.
3. The Municipal Council hereby ratifies this contract from January 1, 2012 to the date of adoption of this resolution.
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order.
5. 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.
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 and authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel to enter into a contract with Florio & Kenny, LLP, 5 Marine View Plaza, Suite 103, P.O. Box 771, Hoboken, New Jersey 07030, to provide legal services in the capacity as Special Municipal Prosecutor in an amount not to exceed Seven Thousand Dollars ($7,000.00), for the period of January 1, 2012 to December 31, 2012.