Title
Dept/ Agency: Economic & Housing Development
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: Legal Services Redevelopment and Land Use Counsel
Entity Name: DeCotiis, FitzPatrick & Cole, LLP
Entity Address: Glenpointe Centre West, 500 Frank W. Burr Blvd., Suite 31, Teaneck, NJ 07666
Contract Amount: Not to exceed $450,000.00
Funding Source: City of Newark, Department of Economic and Housing Development
Contract Period: January 1, 2015 through December 31, 2015
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:
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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, 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 on the City of Newark's website, a Notice of Request for Qualifications ("RFQ") for Special Counsel concerning Redevelopment and Land Use matters on or about October 31, 2014; and
WHEREAS, the City of Newark received a total of eight (8) proposals in response to its request; and
WHEREAS, DeCotiis, FitzPatrick & Cole, LLP, with offices located at Glenpointe Centre West, 500 Frank W. Burr Boulevard, Suite 31, Teaneck, New Jersey 07666, submitted a proposal and it was found, based upon price and other factors, to be in the best interest of the City of Newark to accept the proposal for the purpose of providing legal services concerning Redevelopment/Land Use Matters; and
WHEREAS, the City of Newark wishes to enter into a new contract with DeCotiis, FitzPatrick & Cole, LLP, to provide legal services concerning Bond Matters in an amount not to exceed Four Hundred and Fifty Thousand Dollars ($450,000.00), for the period of January 1, 2015 through December 31, 2015, which shall cover a 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 $17,500.00 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; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, 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 or County of Essex; 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
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 enter into and execute a contract with DeCotiis, FitzPatrick & Cole, LLP to provide legal services concerning redevelopment/land use matters in an amount not to exceed Four Hundred and Fifty Thousand Dollars ($450,000.00) for the period of January 1, 2015 through December 31, 2015 which shall cover those matters that may arise during the contract term.
2. The term of this contract shall be January 1, 2015 through December 31, 2015.
3. 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)); is in compliance with Executive Order MEO-07-0001, effective March 31, 2007; and is in compliance with the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
4. Attached hereto is a certification of funds from the Acting Finance Director of the city of Newark, which states (1) that there are sufficient funds in the amount of $450,000.00 for the purpose set forth herein above and (2) that the line appropriation of the official budget which shall be charged is; Business Unit NW026, Dept. ID BS, Account 32100, Budget Ref. B2015.
5. A copy of the executed contract 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, on behalf of the City of Newark, to enter into and execute a contract for legal services for redevelopment/land use matters with DeCotiis, FitzPatrick & Cole, Glenpointe Centre West, 500 Frank W. Burr Boulevard, Suite 31, Teaneck, New Jersey 07666, in an amount not to exceed Four Hundred and Fifty Thousand Dollars ($450,000.00), for the period of January 1, 2015 through December 31, 2015.