Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Exception to Public Bidding - (N.J.S.A. 40A:11-5(1)(a)(i) and N.J.S.A. 40A:11-5 (1)(l))
Purpose: To provide legal services to the Office of the City Clerk in connection with Election Matters.
Entity Name: Arleo & Donohue, LLC
Entity Address: 622 Eagle Rock Avenue, West Orange, New Jersey 07052
Contract Amount: Not to exceed $50,000.00
Funding Source: 2024 and 2025 Budgets/Office of the City Clerk/NW011-020-0201-96110-B2024 and B2025
Contract Period: One (1) year commencing November 27, 2024 through November 26, 2025
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Partial Certification Funds in the amount of $1,200.00.
Body
WHEREAS, the City of Newark, Office of the City Clerk (the “City”) has a need for legal services in connection with Election Matters; and
WHEREAS, Arleo & Donohue, L.L.C., located at 622 Eagle Rock Avenue, West Orange, New Jersey 07052, is a law firm with expertise in issues involving election matters and it is in the best interests of the City to enter into a contract with the law firm to provide legal services related to election matters; and
WHEREAS, the City wishes to enter into a contract with Arleo & Donohue, LLC., 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services to the Office of the City Clerk in connection with election matters, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the one (1) year period commencing on November 27, 2024 and ending on November 26, 2025; and
WHEREAS, the City Clerk has determined and certified in writing that the value of this contract will exceed Seventeen Thousand Five Hundred Dollars and Zero Cents ($17,500.00); and
WHEREAS, this contract is being awarded without public bidding as a professional service contract pursuant to N.J.S.A. 40A:11-5(1)(a)(i) and pursuant to N.J.S.A. 40A:11-5(1)(l) as a procurement of goods and services necessary or required to prepare and conduct an election; and
WHEREAS, the Local Public Contract Law, N.J.S.A. 40A:11-1, et seq., requires a Resolution of the Governing Body authorizing the award of contracts for Professional Services and further requires that the contract itself be made available for public inspection; and
WHEREAS, the actions contemplated by this Resolution shall result in the award of a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5 and the City’s Ordinance on Pay-to-Play; and
WHEREAS, Arleo & Donohue, LLC., has completed and submitted a Business Entity Disclosure Certification, which certifies that it has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year period, and the contract will prohibit the Business Entity from making any reportable contributions through the term of the contract; 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 be published in a local newspaper.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City Clerk, on behalf of the City of Newark, is hereby authorized to enter into and execute a contract with Arleo & Donohue, L.L.C., located at 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services in connection with election matters to the Office of the City Clerk, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the one-year period commencing on November 27, 2024 and ending on November 26, 2025.
2. Pursuant to N.J.A.C. 5:30-5(a), attached hereto is the Chief Finance Officer’s (CFO’S) Partial Certification of Funds, which states funds in the amount of One Thousand Two Hundred Dollars and Zero Cents ($1,200.00) are available in the 2024 Budget, Business Unit: NW011; Dept.: 020; Div./Proj.: 0201; Activity: A; Account #: 96110; Budget Ref.: B2024. Said Partial Certification shall be filed, along with the original Resolution and the executed contract in the Office of the City Clerk.
3. The amount of Forty-Eight Thousand Eight Hundred Dollars and Zero Cents ($48,800.00) shall be made available in the 2025 Budget, Business Unit: NW011; Dept.: 020; Div./Proj.: 0201; Activity: A; Account #: 96110; Budget Ref.: B2025. The CFO’s Certification of Funds for said remaining balance shall issue before any amounts are paid in excess of the Partial Certification of Funds mentioned in Paragraph 2 above and same shall be filed, along with the original Resolution, in the Office of the City Clerk. The contract authorized by this Resolution shall be subject to the availability and appropriation of funds.
4. The contract is awarded as a Non-Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay to Play Ordinance, ⸹2:4-22C.1.
5. The contract will contain language prohibiting any contributions in violation of any State or Local law.
6. A copy of the executed contract herein authorized shall be filed in the Office of the City Clerk and shall be made available for public inspection.
7. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
8. There shall be no amendments or changes to this contract without approval of the Municipal Council.
9. 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 City Clerk, on behalf of the City of Newark, to enter into and execute a contract with Arleo & Donohue, L.L.C., located at 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services to the Office of the City Clerk in connection with election matters, in an amount not to exceed $50,000.00, for the period of one (1) year commencing November 27, 2024 through November 26, 2025.