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 for Labor and Employment Matters
Entity Name: The Law Offices of John J. Zidziunas & Associates, LLC
Entity Address: 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042
Contract Amount: Not to exceed $125,000.00
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 ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
The original contract was awarded by Resolution 7R6-k adopted on December 27, 2017 in an amount not to exceed $75,000.00.
The First Amendment will increase the contract amount by $50,000.00 for a total contract amount not to exceed $125,000.00.
body
WHEREAS, legal services are professional services and are exempt from the requirements for public bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, on December 27, 2017, the Newark Municipal Council adopted Resolution 7R6-k awarding a contract to the Law Offices of John J. Zidziunas & Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to serve as Labor and Employment Counsel for matters that were currently being handled by the Law Offices of John J. Zidziunas & Associates, LLC and any new matters that may arise during the contract term for an amount not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00), for the period of January 1, 2018 through December 31, 2018; and
WHEREAS, the Law Offices of John J. Zidziunas & Associates, LLC currently has outstanding legal bills for 2018 and pending litigation matters which will exhaust the total contract amount; and
WHEREAS, the Law Offices of John J. Zidziunas & Associates, LLC continues to vigorously defend the City of Newark in several cases in which bills will be submitted for the remainder of the calendar year; and
WHEREAS, the outstanding legal bills and open cases pending litigation require an increase in the total contract amount; and
WHEREAS, the Law Offices of John J. Zidziunas & Associates, LLC represents that at least an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) 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 for legal services provided through December 31, 2018; and
WHEREAS, the increase of an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) brings the total contract amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) for January 1, 2018 through December 31, 2018; and
WHEREAS, 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, the contract was awarded pursuant to the fair and open procedures of the State Pay-to-Play Law, 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 on behalf of the City of Newark to execute a First Amendment to the Agreement to Provide Legal Services with the Law Offices of John J. Zidziunas & Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, for legal services provided through December 31, 2018 as Labor and Employment Counsel for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00), for a total contract amount not to exceed One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of January 1, 2018 through December 31, 2018, to cover outstanding bills and ongoing litigation matters.
2. The Municipal Council hereby ratifies this First Amendment to the Agreement to Provide Legal Services 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 exceptions to public bidding in the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), and pursuant to the 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 Chief Financial Officer, which states that funds in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00) 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 legal advertisements 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 the Law Offices of John J. Zidziunas & Associates, LLC, 33 Plymouth Street, Suite 202A, Montclair, New Jersey 07042, to provide legal services for Labor and Employment Matters for an additional Fifty Thousand Dollars and Zero Cents ($50,000.00) for a total contract amount not to exceed One Hundred and Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), for the period of January 1, 2018 through December 31, 2018 to cover outstanding bills and ongoing litigation matters.