Title
Dept/ Agency: Water and Sewer Utilities
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To continue providing legal services concerning lead pipe replacement investigation and litigation
Entity Name: Friedman Kaplan Seiler Adelman and Robbins, LLP
Entity Address: 7 Times Square, New York, New York 10036-6516
Contract Amount: Not to exceed $500,000.00
Funding Source: 2025 Budget/Department of Water and Sewer Utilities/Bus Unit: NW037, Dept. 750, Div./Proj.: 7502, Acct: 71260, Budget Ref. 2026
Contract Period: March 1, 2026 through February 28, 2027
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, Department of Water and Sewer Utilities, is currently engaged in legal matters concerning lead service line replacement and requires the continued provision of professional legal services; and
WHEREAS, Friedman Kaplan Seiler Adelman & Robbins, LLP has been serving as Special Counsel for the Department under a contract beginning March 2024; and
WHEREAS Friedman Kaplan Seiler Adelman & Robbins, LLP has represented that they are qualified by their training and experience to provide the required legal services, which the Corporation Counsel and the Department of Water and Sewer Utilities certify is essential and necessary; and
WHEREAS pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), professional services contracts may not exceed one (1) year in duration; and
WHEREAS to comply with said statutory requirement and to ensure uninterrupted continuation of legal services, a new professional services contract must be authorized by the Municipal Council for the period beginning March 1, 2026 through February 28, 2027; and
WHEREAS, the City of Newark, Department of Water and Sewer Utilities wishes to continue with a new contract with Friedman Kaplan Seiler Adelman & Robbins, LLP to provide Legal Services in an amount not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), for a period of March 1, 2026 through February 28, 2027; and
WHEREAS, the actions contemplated by this resolution shall result in the award of a Non-Fair and Open Contract in accordance with the State Pay to Play Law, N.J.S.A. 19:44A-20.5, which has been determined and certified in writing to have a value in excess of $17,500.00; 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, 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, 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, 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, Friedman Kaplan Seiler Adelman & Robbins, LLP has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one year, and that the contract will prohibit Friedman Kaplan Seiler Adelman & Robbins, LLP from making any reportable contributions through the term of the contract.
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 Director of the Department of Water and Sewer Utilities, are authorized on behalf of the City of Newark to execute a contract with Friedman Kaplan Seiler Adelman & Robbins, LLP to provide Legal Services related to lead service line replacement program investigation and anticipated litigations in an amount not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), for the period of March 1, 2026 through February 28, 2027.
2. The agreement is ratified from March 1, 2026 to the date of adoption.
3. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is the Chief Finance Officer’s Certification, which states partial funds in the amount of $5,000.00, are available in the Department of Water and Sewer Utilities Budget under Business Unit NW037, Department ID 750, Division 7502, Account 71260 B2026, the balance to be provided in the 2026 and 2027 Adopted Budget. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
4. A copy of the executed Agreement herein authorized shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities and same shall be made available for public inspection.
5. 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 of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into a contract with Friedman Kaplan Seiler Adelman & Robbins, LLP, 7 Times Square, New York, NY 10036-6516, to provide legal service in an amount not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), for the period of March 1, 2026 through February 28, 2027.