Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services concerning Bond Counsel Services
Entity Name: Wilentz, Goldman & Spitzer, P.A
Entity Address: 90 Woodbridge Center Drive, Suite 900 Woodbridge, New Jersey 07095
Contract Amount: Not to Exceed $200,000.00
Funding Source: City of Newark Bond Note Proceeds
Contract Period: January 1, 2026 through December 31, 2026
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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Whereas, the City of Newark (“City”) as the largest municipality in the State of New Jersey has a need to acquire Bond Counsel 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 Corporation Counsel of the City of Newark caused to be published in Star Ledger, on the City of Newark’s website, a Notice of Request for Qualifications (RFQ) for Bond Counsel Services; and
WHEREAS, Wilentz, Goldman & Spitzer, P.A, 90 Woodbridge Center Drive, Suite 900 Woodbridge, New Jersey 07095 (“Wilentz”), a law firm with a diverse practice and specific expertise in issues involving municipal government, submitted a proposal to provide Bond Counsel legal services and it was found to be in the best interest of the City to accept the proposal for the purpose of providing Legal Services concerning Bond matters; and
WHEREAS, the City of Newark wishes to enter into a contract with Wilentz, to provide Legal Services concerning Bond matters, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for a period of January 1, 2026 through December 31, 2026, which shall cover those existing matters currently being handled Wilentz as well as new matters that may arise during the contract term; and
WHEREAS, the Mayor of the City of Newark and Corporation Counsel wish to enforce Ordinance 6PSF-a adopted on March 16, 2016 and its amending Ordinance 6PSF-c adopted on May 10, 2018, which provides for the use of the redevelopment escrow fees paid by developers to defray the various costs, such as those associated with Redevelopment Area Bonds (RABs), incurred by the City of Newark for redevelopment projects; 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 Fifty-Three Thousand Dollars and Zero Cents ($53,000.00) and is being awarded as a fair and open contract pursuant to N.J.S.A. 19:44A-20.5 and is in compliance with the 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, and the Corporation Counsel, are authorized on behalf of the City of Newark to execute a contract with Wilentz, Goldman & Spitzer, P.A, 90 Woodbridge Center Drive, Suite 900 Woodbridge, New Jersey 07095 (“Wilentz”), to provide Legal Services concerning Bond Matters, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for the period of January 1, 2026 through December 31, 2026, which shall cover those existing matters currently being handled by Wilentz, as well as new matters that may arise during the contract term.
2. 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.
3. This is contract is paid from Bond and Note proceeds on a percentage basis after Bonds and Notes are sold and after receipt of the funds from the sale by the City. This is also an open-ended contract to be used as needed during the term of the contract. Thus, for those expenditures not covered by Bond and Note proceeds, a certification of the availability and appropriation of sufficient funds, as required pursuant to N.J.A.C. 5:30-5.5(b) shall be obtained. For those expenditures covered by the City’s escrow Ordinances, the fees shall be paid in accordance with the funding agreements entered into between the City of Newark and the respective developers. Funds for this contract in an amount not to exceed $200,000.00, shall be provided from the City of Newark’s 2026 Budget, Law Department.
4. 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.
5. The authorization provided by this Resolution shall be ratified back to January 1, 2026.
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 authorizes the Mayor of the City of Newark and/or his designee, and the Corporation Counsel, to enter into a contract for Services for Bond Matters with Wilentz, Goldman & Spitzer, P.A, 90 Woodbridge Center Drive, Suite 900 Woodbridge, New Jersey 07095, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for the period of January 1, 2026 to December 31, 2026, which provides for the use of the redevelopment escrow fees paid by developers to defray the various costs, such as those associated with Redevelopment Area Bonds (RAB), incurred by the City of Newark for redevelopment projects.