Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: Legal Services to represent the Newark Municipal Council on the issue of the citizen's water ordinance and issues related to the Newark Watershed Conservation and Development Corporation
Entity Name: Childress and Jackson, LLC
Entity Address: 280 South Harrison Street, East Orange, New Jersey 07018
Contract Amount: $30,000.00
Funding Source: Municipal Budget of the Municipal Council
Contract Period: October 1, 2012 through December 31, 2012
Contract Basis: ( ) Bid ( ) State Vendor (X ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
body
WHEREAS, the Newark Municipal Council is involved in ongoing legal matters related to the issue of the Save Our Water Initiative and the actions taken recently by the Board of Directors of the Newark Watershed Conservation and Development Corporation; and
WHEREAS, the urgent nature of these issues makes it impossible for the Newark Municipal Council to issue a Request for Qualifications for Legal Services and go through the procurement process; and
WHEREAS, the City of Newark, on behalf of the Municipal Council wishes to enter into a contract with Childress & Jackson, LLC located at 280 S. Harrison Street, East Orange, New Jersey 07018, for legal services concerning ongoing legal matters on the issues of the Save Our Water Initiative and the actions taken recently by the Board of Directors of the Newark Watershed Conservation and Development Corporation, in the amount of $30,000.00, for the period of October 1, 2012 to December 31, 2012; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et., seq.) requires that the resolution authorizing the award of a contract for "Professional Services" without competitive bidding must be published in a local newspaper; and
WHEREAS, this contract has been determined and certified in writing to have a value in excess of $17,500 and is being awarded as a non-fair and open contract pursuant to N.J.S.A. 19:44A-20.5 et., seq; 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 forbids the making or soliciting of political contributions for the one (1) year period prior to the commencement of and 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 City Clerk is hereby authorized and directed on behalf of the City of Newark to execute a contract with Childress & Jackson, LLC located at 280 S. Harrison Street, East Orange, New Jersey 07018, for legal services concerning ongoing legal matters on issues of the Save Our Water Initiative and the actions taken recently by the Board of Directors of the Newark Watershed Conservation and Development Corporation, in the amount of $30,000.00, for the period of October 1, 2012 to December 31, 2012
2. Attached hereto is the Comptroller's certification which states that there are sufficient funds in the amount of $15,000.00 are available in the 2012 Temporary Budget, Fund 011, Agency 020, Organization 0201, 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.
3. This contract is being awarded pursuant to the fair and open procedures of the Pay To Play Law N.J.S.A 19:44A-20.5 and is in compliance with the City of Newark Executive Order on Pay to Play Reform, ME0-07-0001.
4. The Local Public Contracts Law (N.J.S.A. 40A:11-1 et., seq.) requires that the resolution authorizing the award of a contract for "Professional Services" without competitive bidding must be published in a local newspaper.
5. The contract will contain language prohibiting the making of or solicitation of any contributions during the term of the contract in violation of any state or local law.
6. 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.
7. A notice of this action shall be published in the newspaper authorized by law to publish a legal advertisement as required by law within 10 days of its passage.
STATEMENT
This resolution authorizes the execution of a contract between the City of Newark and Childress & Jackson, LLC located at 280 S. Harrison Street, East Orange, New Jersey 07018, for legal services concerning an ongoing legal matters on issues to Save Our Water Initiative and the actions taken recently by the Board of Directors of the Newark Watershed Conservation and Development Corporation, in the amount of $30,000.00, for the period of October 1, 2012 to December 31, 2012.