File #: 23-1414    Version: 1 Name: DeCotiis Fitzpatrick Cole Giblin First Amendment (Litigation Defense Matters)
Type: Resolution Status: Adopted
File created: 8/22/2023 In control: Law
On agenda: 9/20/2023 Final action: 9/20/2023
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: DeCotiis, Fitzpatrick, Cole and Giblin, LLP Entity Address: 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652 Contract Amount: Not to exceed $250,000.00 Additional Contract Amount: $150,000.00 Funding Source: 2023 Budget/Law Department Contract Period: January 1, 2023 through December 31, 2023 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: The Original Resolution 7R6-p adopted on December 21, 2022, awarded a contract for the period of January 1, 2023 through December 31, 2023, for a contract amount not to exceed $100,000.00. This First...
Sponsors: Council of the Whole
Related files: 22-1803

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: DeCotiis, Fitzpatrick, Cole and Giblin, LLP

Entity Address: 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652

Contract Amount:  Not to exceed $250,000.00

Additional Contract Amount: $150,000.00

Funding Source: 2023 Budget/Law Department

Contract Period: January 1, 2023 through December 31, 2023

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:

The Original Resolution 7R6-p adopted on December 21, 2022, awarded a contract for the period of January 1, 2023 through December 31, 2023, for a contract amount not to exceed $100,000.00. 

This First Amendment will increase the contract amount by $150,000.00, for a new total contract amount not to exceed $250,000.00.

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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-p, adopted on December 21, 2022, awarded a contract to DeCotiis, Fitzpatrick, Cole & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to provide legal services as Litigation Defense Counsel, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a period of January 1, 2023 through December 31, 2023; and

 

WHEREAS, DeCotiis, Fitzpatrick, Cole, & Giblin, LLP, on or about May 2023 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 $150,000.00; 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 One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), brings the total contract to an amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) for the period beginning January 1, 2023 through December 31, 2023; and

 

                                          

                     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, on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to provide legal services with DeCotiis, Fitzpatrick, Cole, & Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to continue providing legal services concerning Litigation Defense Matters for an additional One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) for a total contract amount not to exceed Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) for the period of January 1, 2023 through December 31, 2023, to cover the outstanding legal invoices from on or about May 01, 2023 through December 31, 2023.

 

2.                     The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from May 01, 2023 to the date of the adoption of this Resolution.

 

3.                     All other terms and conditions of the Contract shall remain the same.

 

4.                     Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is the Chief Finance Officer’s Certification, which states partial available funds in the amount Fifty Thousand Dollars and Zero Cents ($50,000.00), are available in the 2023 Temporary Budget, the balance to be provided in the 2023 Adopted Budget.  The Certification shall be filed, along with the original Resolution and the executed contract in the Office of the City Clerk. For the purposes set forth herein and the line appropriations which shall be charged are as follows:

 

Bus. Unit         Dept. ID           Div/Proj.          Acct.#              Bud. Ref.

NW 011              040                 0401              71260                 2023

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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 to provide legal services as Litigation Defense Matters Counsel for an additional $150,000.00 for a total contract amount not to exceed $250,000.00, for the period of January 1, 2023 through December 31, 2023.