Title
Dept/ Agency: Office of the Mayor
Action: ( X ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To serve as a Per Diem Municipal Public Defender for the Newark Municipal Court representing indigent defendants
Entity Name: Hiram Lopez, Esq.
Entity Address: 397 Bloomfield Avenue, Newark, New Jersey 07107
Contract Amount: $17,000.00
Funding Source: City of Newark Budget/Office of the Mayor
Contract Period: January 1, 2014 through December 31, 2014
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:
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WHEREAS, the City of Newark is in need of Per Diem Attorneys to serve as Municipal Public Defenders to be assigned to cases in the Newark Municipal Court; and
WHEREAS, the City of Newark desires to enter into a contract with Hiram Lopez, Esq., Law Office of Hiram Lopez, 397 Bloomfield Avenue, to serve as a Per Diem Municipal Public Defender for the Newark Municipal Court, Representing indigent defendants, for an amount not to exceed $17,000.00, for the period commencing January 1, 2014 and terminating December 31, 2014; and
WHEREAS, this contract is for an amount under $17,500.00 and therefore is not subject to State Pay-to-Play Law (N.J.S.A. 19:44A-20.5); and
WHEREAS, this contract is being awarded as a Professional Service pursuant to the provisions of the State Local Public Contracts Law (N.J.S.A.:11-5(1)(a)(i); 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; and
WHEREAS, the State Local Public Contracts Law, (N.J.S.A. 40A:11-1, et seq.) requires a resolution authorizing the award of contracts for "Professional Services".
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 Chief Municipal Public Defender, are hereby authorized to enter into and execute a Professional Services contract with Hiram Lopez, Esq., Law Office of Hiram Lopez, 397 Bloomfield Avenue, Newark, New Jersey 07107, to serve as a Per Diem Municipal Public Defender for the Newark Municipal Court, representing indigent defendants, for an amount not to exceed $17,000.00, for the period commencing January 1, 2014 and terminating December 31, 2014.
2. The contract between the City of Newark and Hiram Lopez, Esq. is hereby ratified from January 1, 2014 through the date of the adoption of this authorizing resolution
3. This contract is for an amount under $17,500.00 and therefore is not subject to State Pay-to-Play Law N.J.S.A. 19:44A-20.5.
4. This contract is being awarded as a Professional Service pursuant to the provisions of the State Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i) because service required must be performed by someone who is licensed to practice law in the State of New Jersey and is in compliance with Newark Executive Order MEO-07-0001, effective March 31, 2007.
5. Funds for this contract in the amount not to exceed $17,000.00 shall be provided from the City of Newark Budget- Office of the Mayor. This is an open-ended contact to be used as needed during the term of the contract. Thus, for any and all expenditures against this contract, certification of 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 a services are requested, covering the amount of the services. Funds for this contract in the amount not to exceed $17,000.00 shall be provided from the City of Newark-Office of the Mayor.
6. The Chief Municipal Public Defender shall file a copy of the fully-executed contract herein authorized in the Office of the City Clerk and it 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 and as required by law within 10 days of its passage.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Chief Municipal Public Defender, to enter into and execute a professional services contract with Hiram Lopez, Esq., Law Office of Hiram Lopez, 397 Bloomfield Avenue, Newark, New Jersey 07107, to serve as a Per Diem Municipal Public Defender for the Newark Municipal Court representing indigent defendants for an amount not to exceed $17,000.00, for the period commencing January 1, 2014 and terminating December 31, 2014.