Title
Dept/ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide legal services for collective bargaining and labor negotiations.
Entity Name: Scarinci & Hollenbeck, LLC
Entity Address: 1100 Valley Brook Avenue, P. O. Box 790, Lyndhurst, New Jersey 07071
Contract Amount: Not to exceed $100,000.00
Funding Source: 2019 Budget/Law Department
Contract Period: March 1, 2019 through February 28, 2020
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:
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WHEREAS, the City of Newark (“City”) is involved in on-going collective bargaining and labor negotiations and therefore has a need to acquire Legal Services; and
WHEREAS, Legal Services are Professional Services exempt from the requirement for public bidding, pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, Scarinci & Hollenbeck LLC, agreed to serve as Special Legal Counsel to the City in collective bargaining and labor negotiation matters or other related labor and employment matters as assigned by the City; and
WHEREAS, given the number of labor unions and specialized areas of law involved in labor negotiations, it is more efficient and cost-effective for Scarinci Hollenbeck LLC to provide Legal Services and serve as Special Counsel to the City; and
WHEREAS, Scarinci & Hollenbeck LLC, submitted a proposal to provide legal services concerning collective bargaining, labor negotiations and related labor and employment matters as assigned by the City, and it was found to be in the best interest of the City to accept the proposal; and
WHEREAS, the Mayor and/or his designee, Corporation Counsel, wish to enter into a contract with Scarinci & Hollenbeck LLC, to provide legal services, as it pertains to collective bargaining and labor negotiations, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of March 1, 2019 through February 28, 2020; and
WHEREAS, this contract is awarded without competitive bidding as an exception to public bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), professional services; and
WHEREAS, Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., requires a resolution of the Governing Body authorizing the award of contracts for professional services and further requires that the contract itself must be available for public inspection; and
WHEREAS, the actions contemplated by this resolution shall result in the award of a non-fair and open contract in accordance with N.J.S.A. 19:44A-20.5; and
WHEREAS, Scarinci & Hollenbeck LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Scarinci & Hollenbeck LLC, has not made any reportable contributions to a political or candidate committee in the City in the previous one (1) year, and that the contract will prohibit Scarinci & Hollenbeck LLC from making any reportable contributions through the term of the contract; 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 public bidding must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal and County of Essex Candidates, 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 or County of Essex; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, Corporation Counsel, are authorized, and directed on behalf of the City of Newark, to execute a contract with Scarinci & Hollenbeck LLC, 1100 Valley Brook Avenue, P.O. Box 790, Lyndhurst, New Jersey 07071, to provide legal services concerning collective bargaining and labor negotiations in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of March 1, 2019 through February 28, 2020.
2. The contract is ratified from March 1, 2019 to the date of adoption.
3. This contract is awarded without competitive bidding as an exception to public bidding pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); pursuant to the non-fair and open procedures of the State Pay-to-Play Law, N.J.S.A. 19:44A-20.5, and the Business Entity has certified that it has not made or solicited a contribution in violation of the Contractor Pay-to-Play Reform Ordinance 2:4-22C.
4. Pursuant to N.J.A.C., 5:30-5.5(a), Temporary Budget, attached is a partial Certification of Funds from the Director of Finance/Chief Financial Officer, which states that funds in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000.00), shall be charged to the following Account Code Line: Business Unit NW011,Dept. 040, Div/Proj 0401, Account #71260, Budget Ref: B2019. The remainder of the funding for this contract will be subject to appropriation in the 2019 Budget.
5. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this resolution.
6. The Corporation Counsel shall file a copy of the executed agreement herein authorized, in the Office of the City Clerk and the same 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 ratifies and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into a contract with Scarinci & Hollenbeck LLC, 1100 Valley Brook Avenue, P. O. Box 790, Lyndhurst, New Jersey 07071, to provide legal services for collective bargaining and labor negotiations, in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for the period of March 1, 2019 through February 28, 2020.