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 for Labor and Employment Counsel.
Entity Name: Law Offices of John J. Zidziunas and Associates, LLC
Entity Address: 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042
Contract Amount: Not to exceed $90,000.00
Funding Source: 2021 Budget/Law Department
Contract Period: January 1, 2021 through December 31, 2021
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:
Original Resolution 7R6-I adopted on December 22, 2020, awarded a contract in an amount not to exceed $75,000.00 for the period of January 1, 2021 through December 31, 2021.
This First Amendment will increase the contract amount by $15,000.00, for a new total contract amount not to exceed $90,000.00.
body
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-b, adopted on June 2, 2021, awarded a contract to the Law Offices of John Zidziunas and Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to provide legal services for Labor and Employment Counsel, in an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00), for a period of January 1, 2021 through December 31, 2021; and
WHEREAS, the Law Offices of John J. Zidziunas and Associates, LLC, has outstanding legal bills for 2021, which has exhausted the total contract amount; and
WHEREAS, Law Offices of John J. Zidziunas and Associates, LLC, continues to vigorously represent the City of Newark in Labor matters in which bills have been submitted for the remainder of the contract year; and
WHEREAS, the outstanding legal bills and anticipated bills require an increase in the total contract amount; and
WHEREAS, the Law Offices of John J. Zidziunas and Associates, LLC, represents to the City of Newark that an additional Fifteen Thousand Dollars and Zero Cents ($15,000.00), is necessary to cover the outstanding invoices for 2021; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding and anticipated legal bills through the remainder of the contract period; and
WHEREAS, the increase of an additional Fifteen Thousand Dollars and Zero Cents ($15,000.00) brings the total contract to an amount not to exceed Ninety Thousand Dollars and Zero Cents ($90,000.00), for services provided from January 1, 2021, through December 31, 2021.
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 hereby authorized and directed on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to provide legal services with the Law Offices of John J. Zidziunas and Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to continue providing legal services concerning Labor and Employment Matters for an additional Fifteen Thousand Dollars and Zero Cents ($15,000.00) for a total contract amount not to exceed Ninety Thousand Dollars and Zero Cents ($90,000.00) for the period January 1, 2021 through December 31, 2021, to cover outstanding legal bills.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from January 1, 2021 to the date of the adoption of this Resolution.
3. All other terms and conditions of the contract shall remain the same.
4. This First Amendment to the Agreement to provide legal services is being made in accordance with the professional services exception to public bidding in the Local Public Contracts 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 Law (N.J.S.A. 19:44A-20.5), as well as 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 of Newark’s Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C.
5. 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 Fifteen Thousand Dollars and Zero Cents ($15,000.00) 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.
6. 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.
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 continue to provide legal services for Labor and Employment matters for an additional $15,000.00 for a total contract amount not to exceed $90,000.00, for the period of January 1, 2021 through December 31, 2021.