Title
Dept/ Agency: Law
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Litigation Defense/Conflict Counsel
Entity Name: Eric S. Pennington, PC
Entity Address: One Gateway Center, 6th Floor, Newark, NJ 07102
Contract Amount: Amount not to exceed $170,000.00
Funding Source: City of Newark Budget, Law Department
Contract Period: January 1, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X) Prof. Ser. ( ) EUS
( X ) Fair & Open ( X ) No Reportable Contributions ( ) RFP ( X ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Deferred 7R7-k 040412
Invitation: Corporation Counsel, April 17, 2012
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WHEREAS, the City of Newark is involved in ongoing legal matters and therefore has a need to acquire legal services; and
WHEREAS, the City of Newark issued a Request for Qualifications for Legal Services for Litigation Defense and Conflict Counsel on or about November 17, 2011; and
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 City of Newark received a total of fourteen (14) proposals in response to its request for Litigation Defense Counsel and received a total of twelve (12) proposals in response to its request for Litigation Conflict Counsel; and
WHEREAS, Eric S. Pennington, PC, with offices located at One Gateway Center, 6th Floor, Newark, NJ 07102, submitted proposals in response to both requests and it was found, based upon price and other factors, to be in the best interest of the City of Newark to accept the proposals for the purpose of providing legal services concerning Litigation Defense/Conflict Counsel; and
WHEREAS, the City of Newark wishes to enter into a new contract with Eric S. Pennington, PC, to provide legal services concerning Litigation Defense and Conflict Counsel matters in an amount not to exceed one hundred seventy thousand dollars ($170,000.00), for the period of January 1, 2012 through December 31, 2012 which shall cover those existing matters currently being handled by Eric S. Pennington, PC, as well as new matters that may arise during the contract term; 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 $17,500 and is being awarded as a 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"), which 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 contract with Eric S. Pennington, PC, to provide legal services concerning Litigation Defense/Conflict Counsel matters in an amount not to exceed one hundred seventy thousand dollars ($170,000.00), for the period of January 1, 2012 through December 31, 2012 which shall cover those existing matters currently being handled by Eric S. Pennington, PC, 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 Executive Order MEO-07-0001, effective March 31, 2007.
3. The Municipal Council hereby ratifies its authorization of this contract from January 1, 2012 to the date of adoption of this resolution
4. This is an open-ended contract to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, a certification of the availability of sufficient funds, as required by N.J.A.C. 5:30-5.5(b)(2), shall be executed before a contractual liability is incurred each time an order is placed, covering the amount of the order.
5. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and shall be made available for public inspection.
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 ratifies and authorizes the Mayor and /or his designee, the Corporation Counsel, to enter into and execute a contract for legal services for Litigation Defense/Conflict Counsel matters with Eric S. Pennington, PC, One Gateway Center, 6th Floor, Newark, NJ 07102, in an amount not to exceed one hundred seventy thousand dollars ($170,000.00), for the period of January 1, 2012 through December 31, 2012