Title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services concerning Labor and Employment matters.
Entity Name: Carmagnola and Ritardi, LLC
Entity Address: 60 Washington Street, Morristown, New Jersey 07960
Contract Amount: Not to exceed $125,000.00
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:
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WHEREAS, the City of Newark (the “City”) has a need to acquire Legal Services; and
WHEREAS, Legal Services are Professional Services exempted from the requirements for public bidding, pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, Carmagnola & Ritardi, LLC, has served as Special Legal Counsel, representing the City’s interests in several matters including Willie Parker v. City of Newark, et als., Docket No.:17-04615 filed in the United States District Court for the District of New Jersey; and
WHEREAS, Carmagnola & Ritardi, LLC also provides Legal Services on several complex Labor and Employment Matters including several matters pending at the Public Employment Relations Commission (“PERC”); and
WHEREAS, given its expertise and on-going involvement in these complex matters, it is more efficient and cost-effective for Carmagnola & Ritardi, LLC, to continue handling these matters on behalf of the City; and
WHEREAS, Carmagnola & Ritardi, LLC, submitted a Proposal to provide Legal Services concerning this matter, and it was found to be in the City’s best interest to accept the Proposal for the purpose of representing the City’s interests and provide Legal Services in this matter; and
WHEREAS, the Mayor and/or his designee, the Corporation Counsel, wish to enter into and execute a contract with Carmagnola & Ritardi, LLC, to provide Legal Services, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period January 1, 2021 through December 31, 2021; and
WHEREAS, this contract is awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services; and
WHEREAS, Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., requires a resolution of the Governing Body authorizing the award of contracts for professional services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the actions contemplated by this resolution shall result in the award of a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, Carmagnola & Ritardi, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that it has not made any reportable contributions to a political or candidate committee in the City in the prior year and that the contract will prohibit Carmagnola & Ritardi, LLC from making any reportable contributions through the term of the contract; and
WHEREAS, 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 public bidding, must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a adopted on August 1, 2012, 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 of the City of Newark and/or his designee, the Corporation Counsel, are authorized on behalf of the City of Newark to execute a contract with Carmagnola & Ritardi, LLC, 60 Washington Street, Morristown, New Jersey 07960, to provide Legal Services concerning Labor and Employment Matters in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of January 1, 2021 through December 31, 2021, which shall cover those existing matters currently being handled by Carmagnola & Ritardi, LLC, as well as new matters that may arise during the contract term.
2. The Municipal Council ratifies this contract from the period January 1, 2021 to the date of adoption of this authorizing resolution.
3. This contract is awarded without competitive bidding as an exception to public bidding pursuant to N.J.S.A. 40A:11-5(1)(a)(i) and as a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5.
4. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached is a Partial Certification of funds from the Director of Finance/Chief Financial Officer certifying that funds in the amount of Twenty Five Thousand Dollars and Zero Cents ($25,000.00), shall be charged to the following: Account Code Line: Business Unit NW011, Dept. 040, Div/Proj. 0401, Account #71260. The remainder of the funding for this contract will be subject to appropriation in the 2021 Budget.
5. The Business Disclosure Entity Certification and Determination of Value shall be filed with the Office of the City Clerk.
6. The Corporation Counsel shall file a copy of the executed agreement 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 legal advertisements and as required by law within ten (10) days of adoption of this resolution.
8. There shall be no amendments or changes of this resolution without approval of the Municipal Council.
9. There shall be no advance payments on this contract, pursuant to N.J.S.A. 40A:5-16.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Corporation Counsel, to enter into a contract for Legal Services for Labor and Employment Matters with Carmagnola & Ritardi, LLC, 60 Washington Street, Morristown, New Jersey 07960, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of January 1, 2021 through December 31, 2021.