Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract (Resolution 7R7-I December 18, 2013)
Purpose: First Amendment to the Agreement to Provide Legal Services to serve as Conflict Counsel
Entity Name: Law Offices of John J. Zidziunas & Associates, LLC
Entity Address: 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042
Contract Amount: An amount not to exceed $25,000.00
Additional Amount: $5,000.00
Total Amount: $30,000.00
Funding Source: City of Newark Budget/Law Department
Contract Period: January 1, 2014 through December 31, 2014
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:
Increasing the contract amount by $5,000.00
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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 Municipal Council of the City of Newark by Resolution 7R7-i, adopted on December 18, 2013, awarded a contract to Law Offices of John J. Zidziunas & Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to serve as Conflict Counsel for matters that were currently being handled by Law Offices of John J. Zidziunas & Associates, LLC and any new matters that may arise during the contract term, in an amount not to exceed Twenty Five Thousand ($25,000.00) Dollars, for the period of January 1, 2014 through December 31, 2014; and
WHEREAS, Law Offices of John J. Zidziunas & Associates, LLC, have outstanding legal bills, which when paid will exhaust the total contract amount; and
WHEREAS, Law Offices of John J. Zidziunas & Associates, LLC, continues to vigorously represent the City of Newark in several cases in which bills will be submitted for the months of October, November and December; and
WHEREAS, the outstanding legal bills and open cases pending require an increase in the total contract amount; and
WHEREAS, Law Offices of John J. Zidziunas & Associates, LLC represents to the City of Newark that an additional Five Thousand ($5,000.00) Dollars is necessary for it to continue to provide legal services through December 31, 2014; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding and anticipated legal bills through December 31, 2014; and
WHEREAS, the increase of an additional Five Thousand ($5,000.00) Dollars brings the total contract to an amount not to exceed Thirty Thousand ($30,000.00) Dollars for January 1, 2014, through December 31, 2014; 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, adopted on August 1, 2012, which forbids the award of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates and office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds 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 a First Amendment to the Agreement to Provide Legal Services with Law Offices of John J. Zidziunas & Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to continue providing the contracted Conflict Counsel legal services for an additional Five ($5,000.00) Dollars for a total contract amount not to exceed Thirty Thousand ($30,000.00) Dollars, for the period of January 1, 2014 through December 31, 2014, to cover pending and existing matters.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to Provide Legal Services from January 1, 2014 to the date of the adoption of this resolution.
3. All other terms and conditions of the contract shall remain the same.
4. This First Amendment to the Agreement to Provide Legal Services is made in accordance with the professional services exception to public bidding in the Local Public Contracts Law (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 City of Newark Executive Order on Pay-to-Play Reform, MEO-07-0001, effective March 31, 2007 and the Contractor Pay-to-Play Reform Ordinance, 6PSF-a adopted on August 1, 2012.
5. The funds for this First Amendment to the Agreement to Provide Legal Services shall be paid from the City of Newark Budget/Law Department, after the issuance of a Certification of Funds from the Acting Chief Financial Officer, which states that funds in the amount of Five Thousand ($5,000.00) Dollars are available in the aforementioned Law Department budget. The Certification of Funds shall be filed along with the original resolution in the Office of the City Clerk.
6. A copy of the executed First Amendment to the Agreement to Provide Legal Services herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel 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 and as required by law within ten (10) days of the adoption of this resolution.
STATEMENT:
This resolution hereby ratifies, amends and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into and execute a First Amendment to the Agreement to Provide Legal Services for Conflict Counsel, Legal Services for an additional Five Thousand Dollars ($5,000.00), for a total contract amount not to exceed Thirty Thousand ($30,000.00) Dollars, for the period of January 1, 2014 through December 31, 2014.