Title
Dept/ Agency: Law Department
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Services Contract
Purpose: To provide legal services as Special Counsel.
Entity Name: Beveridge & Diamond, P.C.
Entity Address: 1350 I Street, NW, Suite 700, Washington, D.C. 20005
Contract Amount: Not to exceed $250,000.00
Funding Source: 2019 Budget
Contract Period: August 1, 2019 through July 31, 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 is involved in ongoing legal matters 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 the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, Beveridge & Diamond, P.C., 1350 I Street, NW, Suite 700, Washington, D.C. 20005, serves as Special Counsel to the City of Newark, Department of Water and Sewer Utilities, Mayor Ras J. Baraka and Former Director Andrea Adebowale, in the matter of Newark Education Workers Caucus & Natural Resources Defense Council, Inc. v. City of Newark, et als., Docket No.:18-11025 filed in the United States District Court for the District of New Jersey; and
WHEREAS, given the allegations in the Complaint and complexity of this matter, it is more efficient and cost-effective for Beveridge & Diamond, P.C., to continue to handle this litigation on behalf of the City of Newark, Department of Water and Sewer Utilities, Mayor Ras J. Baraka and Former Director Andrea Adebowale; and
WHEREAS, Beveridge & Diamond, P.C., submitted a proposal to continue to provide legal services concerning this matter, and it was found to be in the best interest of the City of Newark to accept the proposal for the purpose of representing the City’s interests and provide legal services for this limited litigation matter; and
WHEREAS, due to potential conflicts of interests, the Business Administrator shall be authorized to execute the contract with the Corporation Counsel, in lieu of the Mayor; and
WHEREAS, the Business Administrator and the Corporation Counsel wish to enter into a contract with Beveridge & Diamond, P.C., to provide legal services, as it pertains to this matter, in an amount not to exceed Two Hundred and Fifty Thousand Dollars and Zero Cents ($250,000.00), for the period of August 1, 2019 through July 31, 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, which has been determined and certified in writing to have a value in excess of $17,500.00; and
WHEREAS, Beveridge & Diamond, P.C., has completed and submitted a Business Entity Disclosure Certification, which certifies that it has not made any reportable contributions to a political or candidate committee in the City of Newark in the prior year, and the contract will prohibit them from making any reportable contributions through the term of the contract; 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 public bidding must be published in a local newspaper; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a on 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 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 Business Administrator and the Corporation Counsel on behalf of the City of Newark are authorized to enter into and execute a contract with Beveridge & Diamond, P.C., at 1350 I Street, NW, Suite 700, Washington, D.C. 20005, to provide legal services concerning Newark Education Workers Caucus & Natural Resources Defense Council Inc. v. City of Newark, et als., Docket No.:18-11025 filed in the United States District Court for the District of New Jersey in an amount not to exceed Two Hundred and Fifty Thousand Dollars and Zero Cents ($250,000.00), for the period of August 1, 2019 through July 31, 2020.
2. The Municipal Council ratifies this contract for the period August 1, 2019 to the date of adoption of this resolution.
3. This contract is being awarded under the City’s 2019 Budget. Attached hereto is the Chief Financial Officer’s Certification, which states that funds in the amount of $250,000.00 are available in the 2019 Budget. The Certification shall be filed along with the original resolution in the Office of the City Clerk.
4. This contract is being awarded pursuant to the Non-Fair and Open Procedures of the Pay-to-Play Law (N.J.S.A. 19:44A-20.5 et seq.) and the Contractor Pay-to-Play Ordinance, 2:4-22C and pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(a)(i)) because these services are to be rendered by person(s) licensed as attorneys by the State of New Jersey, N.J.S.A. 40A:11-5.
5. The contract will contain language prohibiting any contributions in violation of any State or local law.
6. The Determination of Value and Business Entity Disclosure Certification are attached and shall be filed with the Office of the City Clerk.
7. A copy of the executed agreement herein authorized shall be filed in the Office of the City Clerk by the Corporation Counsel and shall be made available for public inspection.
8. 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 its passage.
9. There shall be no amendments or changes of this contract without approval of the Municipal Council and there shall be no advance payments on this contract in accordance with N.J.S.A. 40A:5-16.
STATEMENT
This resolution ratifies and authorizes the Business Administrator and the Corporation Counsel on behalf of the City of Newark, to enter into and execute a contract with Beveridge & Diamond, P.C., 1350 I Street, NW, Suite 700, Washington, D.C. 20005 to provide legal services concerning Newark Education Workers Caucus & Natural Resources Defense Council Inc. v. City of Newark, et als., Docket No.:18-11025 filed in the United States District Court for the District of New Jersey, in an amount not to exceed Two Hundred and Fifty Thousand Dollars and Zero Cents ($250,000.00) for the period of August 1, 2019 through July 31, 2020.