Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Professional Services Contract
Purpose: Contract Amendment
Entity Name: Wisniewski & Associates
Entity Address: 17 Main Street, Sayreville, New Jersey 08872-1559
Contract Amount: An amount not to exceed $45,000.00 as amended
Funding Source: City of Newark Budget, Law Department
Contract Period: January 1, 2013 through December 31, 2013
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:
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 Special Tax Matters on or about September 17, 2012; 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-e, adopted on January 16, 2013 awarded a contract to Wisniewski & Associates, LLC, with offices located at 17 Main Street, Sayreville, New Jersey 08872-1559, to provide legal services relating to Special Tax Matters in an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00), for the period of January 1, 2013 through December 31, 2013; and
WHEREAS, increased and unforeseen activity in matters assigned to Wisniewski & Associates, LLC necessitates increasing the contract amount by $10,000.00, so that the total contract amount will be an amount not to exceed $45,000.00; 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 amendment was awarded as a non-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") and the Contractor Pay to Play Reform Ordinance, 6PSF-a, 080112, which requires reporting of political contributions to Newark Municipal Candidates and/or County of Essex 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 Wisniewski & Associates, LLC, to provide legal services related to Special Tax Matters, in an amount not to exceed Forty-Five Thousand Dollars ($45,000.00), for the period of January 1, 2013 through December 31, 2013, which shall cover those existing matters currently being handled by Wisniewski & Associates, LLC. 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 amendment is made in accordance with the professional services exception to public bidding in the Local Public Contracts lw (N.J.S.A. 40A:11-5(1)(a)(i)) and pursuant to the non-fair and open procedures of the State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and is in compliance with Executive Order MEO-07-0001, effective March 31, 2007 and the Contractor Pay to Play Ordinance, 6PSF-a, 080112.
4. Pursuant to N.J.A.C. 5:30-5.1, et seq., attached hereto is thecertification of funds from the Chief Financial Officer which states that funds in the amount of $10,000.00 are available in the 2013 Budget under Business Unit:_NW011___, Department ID:__040__. Division:_0401__, Account:_71260__. The certification of funds shall be filed along with the original resolution in the Office of the City Clerk.
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 authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into and execute an amended contract for legal services relating to Special Tax Matters with Wisniewski & Associates, LLC, 17 Main Street, Sayreville, NJ 08872-1559, in an amount not to exceed Forty-Five Thousand Dollars ($45,000.00), for the period of January 1, 2013 through December 31, 2013.