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 as Workers Compensation Counsel.
Entity Name: Chasan, Lamparello, Mallon and Cappuzo, P.C.
Entity Address: 300 Lighting Way, Suite 200, Secaucus, New Jersey 07094
Contract Amount: Not to exceed $120,000.00
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:
Resolution 7R6-c adopted on May 19, 2021 awarded a contract in an amount not to exceed $100,000.00 for the period of January 1, 2021 through December 31, 2021.
The First Amendment will increase the contract amount by $20,000.00, for a total contract amount not to exceed $120,000.00.
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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 19, 2021, awarded a contract to Chasan, Lamparello, Mallon and Cappuzzo, P.C., 300 Lighting Way, Secaucus, New Jersey 07094, to provide legal services concerning Workers Compensation Matters, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a period of January 1, 2021 through December 31, 2021; and
WHEREAS, Chasan Lamparello Mallon and Cappuzzo, P.C., has outstanding legal bills, which has exhausted the total contract amount; and
WHEREAS, Chasan Lamparello Mallon and Cappuzzo, P.C., continues to vigorously defend the City of Newark in Workers Compensation matters in which bills have been submitted for the remainder of the 2021 contract year; and
WHEREAS, the outstanding legal bills require an increase in the total contract amount; and
WHEREAS, Chasan Lamparello Mallon and Cappuzzo, P.C., represents to the City of Newark (the “City”) that an additional Twenty Thousand Dollars and Zero Cents ($20,000.00), is necessary to cover the outstanding legal bills 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 Twenty Thousand Dollars and Zero Cents ($20,000.00) brings the total contract to an amount not to exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,00.00), for services provided from January 1, 2021, through December 31, 2021; 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 amendment was awarded as a Non-Fair and Open contract, pursuant to N.J.S.A. 19:44A-20.5; and
WHEREAS, the Municipal Council adopted New Jersey Municipal Code § 2:4-22C.1, which adopted the State of New Jersey's Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5, as may be amended and supplemented, governing eligibility for municipal contracts.
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 Chasan Lamparello Mallon and Cappuzzo, P.C., 300 Lightening Way, Secaucus, New Jersey 07094, to continue providing the legal services concerning Workers Compensation Matters for an additional Twenty Thousand Dollars and Zero Cents ($20,000.00) for a total contract amount not to exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00) for the period of January 1, 2021 through December 31, 2021, to cover the 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 authorizing 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.1.
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 Twenty Thousand Dollars and Zero Cents ($20,000.00), 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 provide legal services for Workers Compensation matters for an additional $20,000.00, for a total contract amount not to exceed $120,000.00, for the period of January 1, 2021 through December 31, 2021.