Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services - Special Tax Counsel
Entity Name: Nowell, P.A.
Entity Address: 155 Polifly Road, Hackensack, New Jersey 07601
Contract Amount: $50,000.00
Funding Source: 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:
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WHEREAS, the City of Newark is involved in three (3) ongoing Special Tax appeal 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 a Request for Qualifications (“RFQ”) for Special Tax Counsel Services on or about October 27, 2015; and
WHEREAS, the City of Newark received a total of seven (7) proposals in response to the RFQ ; and
WHEREAS, Nowell, P.A., located at 155 Polifly Road, Hackensack, New Jersey 07601, submitted a proposal which was found to be in the best of interest of the City of Newark to accept the proposal for the purpose of providing legal services concerning Special Tax Matters; and
WHEREAS, the City of Newark wishes to enter into a new contract with Nowell, P.A., to provide legal services concerning three (3) Special Tax Matters, 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, which shall cover those three (3) existing matters currently being handled by the law firm; 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 Nowell, P.A., to provide legal services concerning three (3) Special Tax Matters, 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, which shall cover the three (3) existing matters currently being handled by the law firm.
2. The contract is ratified from January 1, 2016, to the date of adoption.
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)) and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. Attached is a Certification of Funds from the Chief Financial Officer certifying that there are sufficient, appropriated and available funds for the purposes set forth herein. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
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 for legal services for Special Tax Counsel Services with Nowell, P.A., with offices located at 155 Polifly Road, Hackensack, New Jersey 07601, 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.