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 Litigation Defense Matters.
Entity Name: Schenck Price Smith and King, LLP
Entity Address: 220 Park Avenue, Florham Park, New Jersey 07932
Contract Amount: Not to exceed $168,791.22
Funding Source: 2024 Budget/Law Department
Contract Period: January 1, 2024 through December 31, 2024
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R6-c adopted on June 5, 2024, awarded a contract for the period of January 1, 2024 through December 31, 2024, for a contract amount not to exceed $100,000.00.
This First Amendment will increase the contract amount by $68,791.22, for a new total contract amount not to exceed $168,791.22.
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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, by Resolution 7R6-c, adopted on June 5, 2024, awarded a contract to Schenck Price Smith and King, LLP, 220 Park Avenue, Florham Park, New Jersey 07932, to provide legal services concerning Litigation Defense matters, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a period of January 1, 2024 through December 31, 2024; and
WHEREAS, Schenck Price Smith and King, LLP, on or about February 2024 expended the $100,000.00 and continued to provide legal services at the request of the Corporation Counsel for the remainder of the contract period; and
WHEREAS, the outstanding legal invoices require an increase in the total contract amount of $68,791.22; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding legal bills through the remainder of the contract period; and
WHEREAS, the increase of an additional Sixty-Eight Thousand Seven Hundred Ninety-One Dollars and Twenty-Two Cents ($68,791.22), brings the total contract to an amount not to exceed One Hundred Sixty-Eight Thousand Seven Hundred Ninety-One Dollars and Twenty-Two Cents ($168,791.22) 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, are 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 Schenck Price Smith and King, LLP, 220 Park Avenue, Florham Park, New Jersey 07932, to continue providing legal services concerning Litigation Defense Matters for an additional Sixty-Eight Thousand Seven Hundred Ninety-One Dollars and Twenty-Two Cents ($68,791.22) for a total contract amount not to exceed One Hundred Sixty-Eight Thousand Seven Hundred Ninety-One Dollars and Twenty-Two Cents ($168,791.22) for the period of January 1, 2024 through December 31, 2024, to cover the outstanding legal invoices from on or about February 1, 2024 through December 31, 2024.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from February 1, 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 funds for this First Amendment to the Agreement to provide Legal Services shall be paid from the City of Newark Budget/Law Department, after the issuance of a Certification of Funds from the Chief Financial Officer, which states that funds in the amount of Sixty-Eight Thousand Seven Hundred Ninety-One Dollars and Twenty-Two Cents ($68,791.22), Line NW011, Department 045, Division 0451, Account 71260, Budget 2024 are available in the aforementioned Law Department Budget. The Certification 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 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 Schenck Price Smith and King, LLP 220 Park Avenue, Florham Park, New Jersey 07932 to provide legal services as Litigation Defense Counsel for an additional $68,791.22, for a total contract amount not to exceed $168,791.22, for the period of January 1, 2024 through December 31, 2024.