Title
Dept/ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services for Redevelopment/Land Use Matters.
Entity Name: Schenck, Price, Smith & King, LLP
Entity Address: 220 Park Avenue, P.O. Box 991, Florham Park, New Jersey 07932-0991
Contract Amount: Not to exceed $100,000.00
Funding Source: 2021 Budget/Department of Economic and Housing Development/NW026, Account #32100, B2021
Contract Period: March 12, 2021 through March 11, 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:
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, the Department of Economic and Housing Development of the City caused to be published, on the City of Newark’s website, a Notice of Request for Qualifications (“RFQ”) for Special Counsel concerning Redevelopment and Land Use Matters on or about January 11, 2021; and
WHEREAS, the City received a total of three (3) proposals in response to the RFQ by the due date of January 29, 2021; and
WHEREAS, Schenck, Price, Smith & King, LLP, 220 Park Avenue, P.O. Box 991, Florham Park, New Jersey 07932-0991, submitted a proposal which was found, based upon price and other factors, to be in the best interest of the City to accept for the purpose of providing Legal Services concerning Redevelopment/Land Use Matters; and
WHEREAS, the City wishes to enter into a contract with Schenck, Price, Smith & King, LLP, to provide Legal Services for Redevelopment/Land Use Matters in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of March 12, 2021 through March 11, 2022; and
WHEREAS, 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 $17,500.00 and is being awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, Newark Municipal Code § 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal and Essex Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City Municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Deputy Mayor/Director of Economic and Housing Development, are hereby authorized on behalf of the City of Newark to enter into and execute a contract with Schenck, Price, Smith & King, LLP, 220 Park Avenue, P.O. Box 991, Florham Park, New Jersey 07932-0991, to provide legal services concerning Redevelopment/Land Use Matters in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of March 12, 2021 through March 11, 2022.
2. This contract is ratified from March 12, 2021, to the date of adoption of this resolution by the Municipal Council.
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 the Local Public Contracts Law, (N.J.S.A. 40A:11-5(1)(a)(i)) and is in compliance with the Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C.
4. Attached hereto is a Certification of Funds from the Director of the Department of Finance, which states that: 1) there are sufficient funds in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) for the purpose set forth herein above; and 2) that the line appropriation of the Official Budget which shall be charged is:
Bus.Unit Account# BudgetRef.
NW026 32100 B2021
5. There shall be no advance payment pursuant to N.J.S.A. 40A:5-16.
6. There shall be no amendments or changes to the contract without approval of the Municipal Council.
7. The Deputy Mayor/Director of Economic and Housing Development shall file a copy of the executed contract in the Office of the City Clerk and the same shall be made available for public inspection.
8. 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 authorizes the Mayor and/or his designee, the Deputy Mayor/Director of Economic and Housing Development, on behalf of the City of Newark, to enter into and execute a contract for Legal Services for Redevelopment/Land Use Matters with Schenck, Price, Smith & King, LLP, 220 Park Avenue, P.O. Box 991, Florham Park, New Jersey 07932-0991, in an amount not to exceed $100,000.00, for the period of March 12, 2021 through March 11, 2022.