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 Litigation Defense Matters
Entity Name: Jardim, Meisner & Susser, P.C.
Entity Address: 30B Vreeland Road, Suite 100, Florham Park, New Jersey 07932
Contract Amount: increasing the original contract amount by $90,000.00 for a new total contract amount not to exceed $190,000.00
Additional Contract Amount: $90,000.00
Funding Source: 2024 Budget/Law Department, NW011 040 0401 71260 B2024
Contract Period: January 1, 2024 through December 31, 2024
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-n adopted on December 20, 2023, awarded a contract for the period of January 1, 2024 through December 31, 2024 for a contract amount not to exceed $100,000.00.
This First Amendment will increase the contract amount by $90,000.00, for a new total contract amount not to exceed $190,000.00.
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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 if Newark (the “City”), by Resolution 7R6-n adopted on December 20, 2023, awarded a contract to Jardim, Meisner & Susser, P.C., 30B Vreeland Road, Suite 100, Florham Park, New Jersey 07932, to provide legal services concerning Litigation Defense matters, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) (the “Contract Amount”), for a period of January 1, 2024 through December 31, 2024 (the “Contract Period”); 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 2024 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 Period; and
WHEREAS, the outstanding legal invoices, anticipated bills and open pending legal matters require an increase in the total contract amount of $90,000.00; 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 Ninety Thousand Dollars and Zero Cents ($90,000.00), brings the total contract to an amount not to exceed One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00) for the period of January 1, 2024 through December 31, 2024.
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 on behalf of the City of Newark to enter into and execute a First Amendment to the Agreement to provide legal services with Jardim, Meisner & Susser, P.C., 30B Vreeland Road, Suite 100, Florham Park, New Jersey 07932, to continue providing legal services concerning Litigation Defense Matters for an additional Ninety Thousand Dollars and Zero Cents ($90,000.00) for a total contract amount not to exceed One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00) for the period of January 1, 2024 through December 31, 2024, to cover the outstanding legal invoices.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to provide legal services from January 1, 2024 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. The Director of the Department of Finance issued a Certification of Funds for the First Amendment to the Agreement to Provide Legal Services in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00), and the line appropriation which shall be charged is as follows: line Fund 011, Department 040, Division 0401, Account 71260, Budget 2024.
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 with Jardim, Meisner & Susser, P.C., 30B Vreeland Road, Suite 100, Florham Park, New Jersey 07932 as Litigation Defense Counsel for an additional $90,000.00 for a total contract amount not to exceed $190,000.00, for the period of January 1, 2024 through December 31, 2024.