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 concerning Labor and Employment Matters
Entity Name: John J. Zidziunas and Associates, LLC
Entity Address: 354 Eisenhower Parkway, Suite 1250, Livingston, New Jersey 07039
Contract Amount: Not to exceed $50,000.00
Additional Contract Amount: $55,000.00
Funding Source: 2024 Budget/Law Department 011 040 0401 71260
Contract Period: January 1, 2024 through December 31, 2024
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
(X) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R6-i adopted on June 05, 2024, awarded a contract for the period of January 1, 2024 through December 31, 2024 for a contract amount not to exceed $50,000.00. This First Amendment will increase the contract amount by $55,000.00, for a new total contract amount not to exceed $105,000.00.
body
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 (“City”), by Resolution 7R6-i, adopted on June 05, 2024, awarded a contract to John J. Zidziunas and Associates LLC, 354 Eisenhower Parkway, Suite 1250, Livingston, New Jersey 07039, (the Firm) to provide legal services as Labor and Employment Counsel, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) (“Contract Amount”), for a period of January 1, 2024 through December 31, 2024 (Contract Year); and
WHEREAS, the contract was awarded in compliance with Local Public Contracts Law, through a fair and open process pursuant to N.J.S.A. 19:44A-20.5, and was in compliance with the State Pay-to-Play Law; and
WHEREAS, the Firm, currently has outstanding legal bills for 2024 and pending legal matters which have exhausted the Contract amount; and
WHEREAS, the Firm continues to vigorously represent the City in matters for which bills have and will be submitted for the period from January 1, 2025 through December 31, 2025; and
WHEREAS, the outstanding legal invoices, anticipated bills and open, pending legal matters require an increase in the total contract amount of $55,000.00; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay outstanding legal bills through the remainder of the contract period; and WHEREAS, the increase of an additional Fifty-Five Thousand Dollars and Zero Cents ($55,000.00), brings the total contract to an amount not to exceed One Hundred Five Thousand Dollars and Cents ($105,000.00) for January 1, 2024 through December 31, 2024.
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 is hereby authorized on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to Provide Legal Services with John J. Zidizunas and Associates, LLC, 354 Eisenhower Parkway, Suite 1250, Livingston, New Jersey 07039, to continue providing legal services concerning Labor and Employment Matters for an additional Fifty-Five Thousand Dollars and Zero Cents ($55,000.00) for a total contract amount not to exceed One Hundred Five Thousand Dollars and Zero Cents ($105,000.00) for the period of January 1, 2024 through December 31, 2024, to cover the outstanding legal invoices from on or about September 01, 2024 - December 31, 2024.
2. The Newark Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from September 01, 2024 to the date of the adoption of this Resolution.
3. All other terms and conditions of the Contract shall remain the same.
4. The First Amendment to the Agreement to Provide Legal Services is made in accordance with the Professional Services Exception to public bidding in the Local Public Contract Law (N.J.S.A. 40A:11-5(1)(a)(i)), and pursuant to the Fair and Open Procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5).
4. Pursuant to N.J.A.C. 5:30-5.5, attached hereto is Comptroller’s partial certification which states that funds in the amount of Twenty-Six Thousand Dollars and Zero Cents ($26,000.00), are available in the 2024 Budget under Business Unit: NW011, Department 040, Division 0401, Account 71260, Budget 2024 in the aforementioned Law Department Budget. All Certifications of Funds shall be filed along with the original Resolution in the Office of the City Clerk.
5. The Corporation Counsel shall file a copy of the executed First Amendment to the Agreement to Provide Legal Services herein authorized and Certification of Funds in the Office of the City Clerk and the same 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 with John J. Zidziunas and Associates, LLC, 354 Eisenhower Parkway, Suite 1250, Livingston, New Jersey 07039 (“Firm”) to Provide Legal Services as Labor and Employment Counsel for an additional $55,000.00 for a total contract amount not to exceed $105,000.00, for the period of January 1, 2024 through December 31, 2024.