File #: 21-1870    Version: 1 Name: Resolution: Decotiis, Fitzpatrick, Cole, Giblin, LLP - Litigation Matters (2022)
Type: Resolution Status: Adopted
File created: 12/13/2021 In control: Law
On agenda: 4/6/2022 Final action: 4/6/2022
Title: Dept/ Agency: Law Action: (X) Ratifying (X) Authorizing ( ) Amending Type of Service: Professional Services Contract Purpose: To provide legal services concerning Litigation Defense Matters. Entity Name: Decotiis, Fitzpatrick, Cole, Giblin, LLP Entity Address: 61 South Paramus Road, Paramus, New Jersey 07652 Contract Amount: Not to exceed $100,000.00 Funding Source: 2022 Budget/Law Department Contract Period: January 1, 2022 through December 31, 2022 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: Partial Certification of Funds in the amount of $25,000.00.
Sponsors: Council of the Whole

Title

Dept/ Agency:  Law

Action:  (X) Ratifying     (X) Authorizing     (   ) Amending

Type of Service: Professional Services Contract

Purpose: To provide legal services concerning Litigation Defense Matters.

Entity Name: Decotiis, Fitzpatrick, Cole, Giblin, LLP

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

Contract Amount:  Not to exceed $100,000.00

Funding Source:  2022 Budget/Law Department                

Contract Period: January 1, 2022 through December 31, 2022

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:

Partial Certification of Funds in the amount of $25,000.00.                   

body

 

WHEREAS, the City of Newark (the “City”) is involved in ongoing 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, on or about September 10, 2021, the City’s Corporation Counsel caused to be published on the City of Newark’s website, a Notice of Request for Qualifications (RFQ) for  Litigation Defense Counsel Services and on September 22, 2021, issued an addendum; and

 

WHEREAS, the City received a total of twenty-four (24) proposals in response to the RFQ for Litigation Defense Counsel Services; and

 

WHEREAS, Decotiis, Fitzpatrick, Cole, Giblin, LLP, 61 South Paramus Road, Paramus, New Jersey 07652, submitted a proposal and it was found based upon price and other factors to be in the best interest of the City of Newark to accept the proposal for the purpose of providing legal services concerning Litigation Defense Counsel Services; and

 

                     WHEREAS, the City wishes to enter into a contract with Decotiis, Fitzpatrick, Cole, Giblin, LLP 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, 2022 through December 31, 2022, which shall cover those existing matters currently being handled by Decotiis, Fitzpatrick, Cole, Giblin, LLP, as well as new matters that may arise during the contract term; 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 $17,750.00, is being awarded as a Fair and Open Contract, pursuant to N.J.S.A. 19:44A-20.5 and is in compliance with State Pay-to-Play and the City’s Pay-to-Play Ordinance.

 

                     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 authorized on behalf of the City of Newark to enter into and execute a contract with Decotiis, Fitzpatrick, Cole, Giblin, LLP, 61 South Paramus Road, Paramus, New Jersey 07652, 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 the period of January 1, 2022 through December 31, 2022, which shall cover those existing matters currently being handled by Decotiis, Fitzpatrick, Cole, Giblin, LLP, as well as new matters that may arise during the contract term.

 

2.                     The contract is ratified from January 1, 2022 through the date of adoption of this authorizing Resolution.

 

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 City’s Ordinance on Pay-to-Play.

 

4.                     Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is the Chief Finance Officer’s Certification, which states available funds in the amount Twenty-Five Thousand Dollars and Zero Cents ($25,000.00), are available in the 2022 Temporary Budget, the balance to be provided in the 2022 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                                  2022

 

 

 

5.                     A copy of the executed Agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and 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 and authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into and execute a contract for legal services for Litigation Defense Matters with Decotiis, Fitzpatrick, Cole, Giblin, LLP, 61 South Paramus Road, Paramus, New Jersey 07652, in an amount not to exceed $100,000.00, for the period of January 1, 2022 through December 31, 2022.