Title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: Second Amendment to the Agreement to Provide Legal Services as Special Tax Counsel
Entity Name: Best, Best & Krieger, LLP
Entity Address: 2000 Pennsylvania Avenue, NW, Suite 4300, Washington, DC 20006
Contract Amount: An amount not to exceed $53,927.00
Additional Amount: $11,427.00
Funding Source: City of Newark Budget/Law Department
Contract Period: January 1, 2014 through December 31, 2014
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Service ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP (X) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information: N/A
Increasing the contract amount by $11,427.00, not to exceed $53,927.00
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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 of Newark, by Resolution 7R7-u, adopted on December 18, 2013, awarded a contract to, Best, Best & Krieger, LLP, 2000 Pennsylvania Avenue, NW, Suite 4300, Washington, DC 20006, to serve as Special Tax Counsel for matters that were currently being handled by Best, Best & Krieger, LLP and any new matters that may arise during the contract term, in an amount not to exceed Thirty Five Thousand Dollars and Zero Cents ($35,000.00), for the period of January 1, 2014 through December 31, 2014; and
WHEREAS, the Municipal Council of the City of Newark by Resolution 7R7-f adopted on November 17, 2014, authorized the Mayor and or his designee, the Corporation Counsel to enter into and execute a First Amended Agreement to continue to provide legal services in several open cases pending resolution as Special Tax Counsel for an additional Seven Thousand Five Hundred Dollars and Zero Cents ($7,500.00), for a total contract amount of Forty- Two Thousand Five Hundred Dollars and Zero Cents ($42,500.00), for the period of January 1, 2014 through December 31, 2014; and
WHEREAS, Best, Best & Krieger, LLP, currently have outstanding legal bills for 2014, which will exceed the original contract amount; and
WHEREAS, Best, Best & Krieger, LLP, has submitted bills for December 2014; and
WHEREAS, the outstanding legal bills for December 2014 require an increase in the total contract amount; and
WHEREAS, an additional Eleven Thousand Four Hundred Twenty-Seven Dollars and Zero Cents ($11,427.00), is necessary to pay Best, Best & Krieger, LLP for legal services it provided through December 31, 2014; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding legal bills through December 31, 2014; and
WHEREAS, the increase of an additional Eleven Thousand Four Hundred Twenty-Seven Dollars and Zero Cents ($11,427.00) brings the total contract to an amount not to exceed Fifty-Three Thousand Nine Hundred and Twenty-Seven Dollars and Zero Cents ($53,927.00), for services provided from January 1, 2014, through December 31, 2014; 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 Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter "Pay-to-Play Executive Order") and the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, adopted on August 1, 2012, which forbids the award of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates and 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 of Newark and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds requires reporting of political contributions to Newark Municipal Candidates, and
prohibits certain political contributions during the duration of the contract.
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 Corporation Counsel, are hereby authorized and directed on behalf of the City of Newark to execute a Second Amendment to the Agreement to Provide Legal Services with Best, Best & Krieger, LLP, 2000 Pennsylvania Avenue, NW, Suite 4300, Washington, DC 20006, for the purposes of paying the outstanding legal bills for December 2014 for an additional Eleven Thousand Four Hundred Twenty-Seven Dollars and Zero Cents ($11,427.00), for a total contract amount not to exceed Fifty-Three Thousand Nine Hundred Twenty-Seven Dollars and Zero Cents ($53,927.00), for the period of January 1, 2014 through December 31, 2014, to cover outstanding bills.
2. The Municipal Council hereby ratifies this Second Amendment to the Agreement to provide Legal Services from January 1, 2014 to the date of the adoption of this resolution.
3. All other terms and conditions of the contract shall remain the same.
4. This Second Amendment to the Agreement to provide Legal Services is 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 Non-Fair and Open Procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and is in compliance with the City of Newark the "Contractor "Pay-to-Play Reform" ordinance and Executive Order on Pay-to-Play.
5. Attached hereto is a Certificate of Funds from the Municipal Comptroller of the City of Newark which states (1) that there are sufficient funds, in the amount of eleven Thousand Four Hundred Twenty-Seven Dollars and Zero Cents ($11,427.00), for the purpose set forth herein. The Certification of Funds shall be filed along with the original resolution in the Office of the City Clerk.
6. State of New Jersey, Department of Community Affairs, Division of Local Government Services has approved Contract Request Form NWK 185.
7. A copy of the executed Second Amendment to the Agreement to provide Legal Services herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and 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 ratifies, amends and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into and execute a Second Amendment to the Agreement to provide Legal Services for Special Tax Counsel matters for an additional Eleven Thousand Four Hundred Twenty-Seven Dollars and Zero Cents ($11,427.00) for a total contract amount not to exceed Fifty-Three Thousand Nine Hundred Twenty-Seven Dollars ($53,927.00), for the period of January 1, 2014 through December 31, 2014.