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 Civil Litigation Matters
Entity Name: Florio, Kenny, Raval LLP
Entity Address: 125 Chubb Avenue, Suite 310-N, Lyndhurst, New Jersey 07071
Contract Amount: Not to exceed $300,000.00
Additional Contract Amount: $175,000.00
Funding Source: 2025 Budget/Law Department
Contract Period: January 1, 2025 through December 31, 2025
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R6-i adopted on March 19, 2025, awarded a contract for the period of January 1, 2025 through December 31, 2025 for a contract amount not to exceed $125,000.00.
This First Amendment will increase the contract amount by $175,000.00, for a new total contract amount not to exceed $300,000.00
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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 of the City of Newark (“City”), by Resolution 7R6-i, adopted on March 19, 2025 awarded a contract to Florio, Kenny, Raval LLP, 125 Chubb Avenue, Suite 310-N, Lyndhurst, New Jersey 07071 (“Firm”) to provide legal services concerning Civil Litigation Matters, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) (“Contract Amount”), for a period of January 1, 2025 through December 31, 2025 (“Contract Year”); and
WHEREAS, the contract was awarded in compliance with Local Public Contracts Law, through the fair and open process, pursuant to N.J.S.A. 19:44A-20.5, and was in compliance with the State Pay-to-Play; and
WHEREAS, the Firm, currently has outstanding legal bills for 2025 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 been submitted and will be submitted for the remainder of the Contract Year; and
WHEREAS, the outstanding legal invoices, anticipated bills and open pending legal matters require an increase in the total Contract Amount of $175,000.00; 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 Year; and
WHEREAS, the increase of an additional One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00), brings the total contract to an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for January 1, 2025 through December 31, 2025.
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, is hereby authorized to enter into and execute a First Amendment to the Agreement to Provide Legal Services with Florio, Kenny, Raval LLP, 125 Chubb Avenue, Suite 310-N, Lyndhurst, New Jersey, 07071, to continue providing legal services concerning Civil Litigation matters for an additional One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00) for a total contract amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for the period of January 1, 2025 through December 31, 2025, to cover the outstanding legal invoices, ongoing and new matters that may arise during the term of the contract.
2. The Newark Municipal Council hereby ratifies this First Amendment to the Agreement to Provide Legal Services from January 1, 2025 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 (N.J.S.A. 19:44A-20.5).
5. 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-Five Thousand Dollars and Zero Cents ($25,000.00), are available in the 2025 Budget under Business Unit: NW011, Department 040, Div/Proj 0401, Activity A, Account 71260, Budget Ref B2025 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.
6. The Corporation Counsel shall file a copy of the executed First Amendment to the Agreement to Provide Legal Services herein authorized and the Certification of Funds in the Office of the City Clerk and the same shall be made available for public inspection.
7. 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 counsel for Civil Litigation matters with Florio, Kenny, Raval LLP for an additional One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00) for a total contract amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00), for the period of January 1, 2025 through December 31, 2025.