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 Special Tax 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 $325,000.00
Additional Contract Amount: Not to exceed $150,000.00
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 (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Resolution 7R6-c adopted on May 18, 2022, awarded a contract for the period of January 1, 2022 through December 31, 2022 for a contract amount not to exceed $175,000.00.
This First Amendment will increase the contract amount by $150,000.00, for a new total contract amount not to exceed $325,000.00.
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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-c, adopted on May 18, 2022, awarded a contract to DeCotiis, Fitzpatrick, Cole and Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to provide legal services as Special Tax Counsel, in an amount not to exceed One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00), for a period of January 1, 2022 through December 31, 2022; and
WHEREAS, DeCotiis, Fitzpatrick, Cole and Giblin, LLP, on or about June 2022 expended the One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00) 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 One Hundred Fifty Thousand Dollars and Zero Cents ($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 Three Hundred Twenty-Five Thousand Dollars and Zero Cents ($325,000.00) for January 1, 2022 through December 31, 2022.
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 and Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, to continue providing legal services concerning Special Tax Matters for an additional One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) for a total contract amount not to exceed Three Hundred Twenty-Five Thousand Dollars and Zero Cents ($325,000.00) for the period of January 1, 2022 through December 31, 2022, to cover the outstanding legal invoices from on or about June 1, 2022 through December 31, 2022.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from July 1, 2022 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 One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), from line item: Business Unit NW011, Dept. 040, Div/Proj. 0401, Account# 71260, Budget 2022 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 to provide legal services with DeCotiis, Fitzpatrick, Cole and Giblin, LLP, 61 South Paramus Road, Suite 250, Paramus, New Jersey 07652, as Special Tax Matters Counsel for an additional $150,000.00 for a total contract amount not to exceed $325,000.00, for the period of January 1, 2022 through December 31, 2022.