File #: 12-1354    Version: 1 Name: Contract for legal services in connection with election matters.
Type: Resolution Status: Filed
File created: 7/25/2012 In control: Municipal Council and City Clerk
On agenda: 9/6/2012 Final action: 9/6/2012
Title: Dept/ Agency: Offices of Municipal Council/City Clerk Action: ( X ) Ratifying (X) Authorizing ( ) Amending Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i) and 5(I)(L) Professional Service Contract Purpose: Legal Services in connection with Election and other Related Matters Entity Name: Chasan Leyner & Lamparello, P.C. Entity Address: 300 Harmon Meadow Blvd., Secaucus, New Jersey 07094 Contract Amount: $75,000.00 Funding Source: City of Newark Budget/Municipal Council Contract Period: July 2, 2012 to July 1, 2013 Contract Basis: ( ) Bid ( ) State Vendor ( X ) Prof. Ser. ( ) EUS ( X ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( X ) RFQ ( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a Additional Information: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i) and 5(I)(L)
Title
Dept/ Agency:  Offices of Municipal Council/City Clerk
Action:  ( X  ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i) and 5(I)(L)    Professional Service Contract
Purpose: Legal Services in connection with Election and other Related Matters
Entity Name:  Chasan Leyner & Lamparello, P.C.
Entity Address:  300 Harmon Meadow Blvd., Secaucus, New Jersey 07094
Contract Amount:  $75,000.00
Funding Source: City of Newark Budget/Municipal Council  
Contract Period:  July 2, 2012 to July 1, 2013
Contract Basis: (   ) Bid   (   ) State Vendor   ( X ) Prof.  Ser.   (   ) EUS   
( X ) Fair & Open   (   ) No Reportable Contributions   (   ) RFP   ( X ) RFQ
(   ) Private Sale   (   ) Grant   (   ) Sub-recipient   (   ) n/a
Additional Information: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(a)(i) and 5(I)(L)    
                    
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WHEREAS, the City of Newark on or about June 13, 2012 posted on the City of Newark's website, a Notice of  a Request for Qualifications  (RFQ) for Legal Services in connection with Election Matters, which services are excluded from the requirement of public advertising and bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i) and (l); and
 
      WHEREAS, one (1) statement of qualifications was received in response to the solicitation  from Chasan Leyner & Lamparello, P.C., 300 Harmon Meadow Blvd., Secaucus, New Jersey 07094; and
 
      WHEREAS, after a review of the submission, the City Clerk recommends the acceptance of the proposal from Chasan Leyner & Lamparello, P.C., 300 Harmon Meadow Blvd., Secaucus, New Jersey 07094, as it  was found to be in the best interest of the City of Newark to accept, price and other factors considered; and
 
      WHEREAS, the City of Newark wishes to enter into a contract with Chasan Leyner & Lamparello, P.C., 300 Harmon Meadow Blvd., Secaucus, New Jersey 07094, to provide legal services to the Office of the City Clerk in connection with Election and other Related Matters, in an amount not to exceed $75,000.00, for the period of July 2, 2012 to July 1, 2013; and
 
      WHEREAS, this contract is being awarded without public advertising and bidding pursuant to the professional services and election exceptions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i) and 5(I)(l),  because these services are to be rendered by a person (or persons) licensed by the State of New Jersey as attorneys and because their services are necessary or required to prepare and conduct an election; 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 during the duration of the contract.  The award of this contract is in compliance with the City of Newark Executive Order on Pay-to-Play Reform, MEO-07-0001; 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.
 
      
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
 
    1. The City Clerk is hereby authorized to execute a contract with Chasan Leyner & Lamparello, P.C., 300 Harmon Meadow Blvd., Secaucus, New Jersey 07094, to provide legal services to the Office of the City Clerk in connection with Elections and other Related Matters, in an amount not to exceed $75,000.00, for the period of July 2, 2012 to July 1, 2013.
    1. The Municipal Council ratifies this contract for the period of July 2, 2012 to the date of adoption of this resolution.
    1. Attached hereto is the Comptroller's certification which states the funds in the amount of $30,000.00 are available in the 2012 Temporary Budget, Fund 011, Agency 020, Organization 0202, Object 7128, the balance to be provided in the 2012 Adopted Budget. The certification shall be filed along with the original resolution and the executed contract in the Office of the City Clerk.  
  1.  
    1. This contract is being awarded without public bidding pursuant to the professional services exception of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i), and because these services are to be rendered by a person (or persons) licensed by the State of New Jersey as attorneys, and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5 (1)(l)) because these goods and services are necessary or required to prepare and conduct an election.
    1. The contract will contain language prohibiting any contributions in violation of any State or local law.
    1. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk and shall be made available for public inspection.
    1. 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 10 days of its passage.
    1. There shall be no amendments or changes of this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
 
 
STATEMENT
 
This resolution ratifies and authorizes the execution of a professional services contract between the City of Newark, with Chasan Leyner & Lamparello, P.C., 300 Harmon Meadow Blvd., Secaucus, New Jersey 07094, to provide legal services to the Office of the City Clerk in connection with Election and other Related Matters, in an amount not to exceed $75,000.00, for the period of July 2, 2012 to July 1, 2013.