Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Professional Services Contract
Purpose: First Amendment to the Agreement to provide Legal Services as Special Tax Counsel
Entity Name: Wisniewski & Associates, LLC
Entity Address: 17 Main Street, Sayreville, New Jersey 08872
Contract Amount: $115,000.00
Funding Source: 2018 Budget/Law Department
Contract Period: January 1, 2018 through December 31, 2018
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:
Original Resolution 7R6-v(S), adopted on December 27, 2017.
First Amendment to increase the contract amount by $15,000.00, for a total contract amount not to exceed $115,000.00.
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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 7R6-v(S), adopted on December 27, 2017, awarded a contract to Wisniewski & Associates, LLC, 17 Main Street, Sayreville, New Jersey 08872, to serve as Special Tax Counsel for matters that were currently being handled by Wisniewski & Associates, LLC and any new matters that may arise during the contract term, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of January 1, 2018 through December 31, 2018; and
WHEREAS, Wisniewski & Associates, LLC, will have outstanding legal bills for the remainder of the contract year, which when paid will exhaust the total contract amount; and
WHEREAS, Wisniewski & Associates, LLC, continues to vigorously defend the City of Newark in tax appeal cases in which bills will be submitted for the remainder of the contract year; and
WHEREAS, the outstanding legal bills and open cases pending require an increase in the total contract; and
WHEREAS, Wisniewski & Associates, LLC, represents to the City of Newark that an increase in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000.00) is necessary to cover the outstanding bills for legal services provided through December 31, 2018; and
WHEREAS, the requested increase in the total contract amount is deemed reasonable and necessary to pay the outstanding legal bills through December 31, 2018; and
WHEREAS, the increase of an additional Fifteen Thousand Dollars and Zero Cents ($15,000.00) brings the total contract to an amount not to exceed One Hundred Fifteen Thousand Dollars and Zero Cents ($115,000.00), for January 1, 2018, through December 31, 2018; 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 pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)); and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C et seq., which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to (i) a candidate, candidate committee or joint candidate committee of any candidate for elective municipal office in the City of Newark or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any City of Newark or County of Essex political committee or action committee that regularly engages in the support of City of Newark Municipal or County of Essex candidates, candidate committees, joint candidates committees, political committees, political party committee, (hereinafter “PAC), in excess of the thresholds specified in subsection (g) within one (1) calendar year immediately preceding the date of the contract or agreement.
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 Wisniewski & Associates, LLC, 17 Main Street, Sayreville, New Jersey 08872, for legal services provided through December 2018 as Special Tax Counsel for an additional Fifteen Thousand Dollars and Zero Cents ($15,000.00), for a total contract amount not to exceed One Hundred Fifteen Thousand Dollars and Zero Cents ($115,000.00), for the period of January 1, 2018 through December 31, 2018, to cover outstanding bills.
2. The Municipal Council hereby ratifies this first contract Amendment from January 1, 2018 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 the City of Newark’s Contractor Pay-to-Play Reform Ordinance, Newark, New Jersey, Municipal Code § 2:4-22C.
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 Director of Finance, which states that funds in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000.00) 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 with Wisniewski & Associates, LLC, 17 Main Street, Sayreville, New Jersey 08872, to Provide Legal Services for Special Tax Counsel services for an additional Fifteen Thousand Dollars and Zero Cents ($15,000.00) for a total contract amount not to exceed One Hundred Fifteen Thousand Dollars and Zero Cents ($115,000.00).