Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( x ) Amending
Type of Service: Professional Services Contract
Purpose: Environmental Legal Matters
Entity Name: Golub & Isabel, P.C.
Entity Address: 160 Littleton Road, Suite 300, Parsippany, New Jersey 07054
Contract Amount: An amount not to exceed $180,000 as amended
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 ( x ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
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 relating to Environmental Legal Matters 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 by Resolution 7R7-f040412 adopted on April 18, 2012 awarded a contract to Golub & Isabel P.C., with offices located at 160 Littleton Road, Suite 300, Parsippany, New Jersey 07054, to provide legal services for environmental matters in an amount not to exceed Seventy Five Thousand Dollars ($75,000.00), for the period of January 1, 2012 through December 31, 2012; and
WHEREAS, increased and unforeseen activity in matters assigned to Golub & Isabel, P.C. necessitates increasing the contract amount by $105,000.00, so that the total contract amount will be an amount not to exceed $180,000.00; 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 was 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 an amended contract with Golub & Isabel P.C., to provide legal services concerning Environmental Legal Matters, in an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00), for the period of January 1, 2012 through December 31, 2012, which shall cover those existing matters currently being handled by Golub & Isabel P.C. as well as new matters that may arise during the contract term.
2. All other terms and conditions of the contract shall remain the same.
3. This contract was 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.
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 an amended contract for legal services for Environmental Legal Matters with Golub & Isabel P.C., 160 Littleton Road, Suite 300, Parsippany, New Jersey 07054, in an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00) for the period of January 1, 2012 through December 31, 2012.