Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services - Litigation Defense Counsel
Entity Name: Eric S. Pennington, P.C.
Entity Address: One Gateway Center, Suite 105, Newark, New Jersey 07102
Contract Amount: An amount not to exceed $50,000.00
Funding Source: 2016 City of Newark Budget, Law Department
Contract Period: January 1, 2016 through December 31, 2016
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:
Invitation: Corporation Counsel, December 15, 2015
Deferred 7R7-z 121615
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WHEREAS, the City of Newark is involved in ongoing legal matters and therefore has a need to acquire legal services; 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 on the City of Newark’s website, a Notice of Request for Qualifications (“RFQ”) for Litigation Defense Counsel Services on or about October 27, 2015; and
WHEREAS, the City of Newark received a total of eighteen (18) proposals in response to the request; and
WHEREAS, Eric S. Pennington, P.C., One Gateway Center, Suite 105, Newark, New Jersey 07102, 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 Litigation Defense Counsel Services; and
WHEREAS, the City of Newark wishes to enter into a new contract with Eric S. Pennington, P.C. to provide legal services concerning litigation defense matters in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2016 through December 31, 2016 which shall cover those existing matters currently being handled by Eric S. Pennington, P.C. as well as new matters that may arise during the contract term; 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 is for an amount over $17,500.00 and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, 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 or County of Essex; 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.
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 Eric S. Pennington, P.C. to provide legal services concerning litigation defense matters in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2016 through December 31, 2016 which shall cover those existing matters currently being handled by Eric S. Pennington, P.C. as well as new matters that may arise during the contract term.
2. The term of this contract shall be January 1, 2016 through December 31, 2016 for such matters that may arise during the contract term.
3. 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)).
4. This is a contract which shall be awarded in one fiscal year although the date on which it properly takes effect falls in the next fiscal year. Accordingly this contract is subject to the availability and appropriation of sufficient funds in the year in which it takes effect. New Jersey Administrative Code 5:30-5.5(e). Funds for this contract in the amount not to exceed $50,000.00 shall be provided from the City of Newark Budget, Law Department.
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 authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into a contract for legal services for litigation defense counsel services with Eric S. Pennington, P.C., One Gateway Center, Suite 105, Newark, New Jersey 07102, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of January 1, 2016 to December 31, 2016.