Title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide Legal Services as Special Counsel.
Entity Name: Scarinci & Hollenbeck, LLC
Entity Address: 1100 Valley Brook Avenue, P.O. Box 790, Lyndhurst, New Jersey 07071
Contract Amount: Not to exceed $200,000.00
Funding Source: 2020 Budget/Law Department
Contract Period: March 1, 2020 through March 1, 2021
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:
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WHEREAS, the City of Newark (the “City”) has a need to acquire Legal Services; and
WHEREAS, Legal Services are Professional Services exempted from the requirements for public bidding, pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, Scarinci & Hollenbeck, LLC, 1100 Valley Brook Avenue, P.O. Box 790, Lyndhurst, New Jersey 07071, has agreed to serve as Special Counsel for the City regarding an appeal of its assessment of the Third and Fourth Quarter 2018 User Charges against Passaic Valley Sewerage Commission; and
WHEREAS, given the complexity of this matter it is more efficient and cost-effective for Scarinci & Hollenbeck, LLC to handle this matter on behalf of the City; and
WHEREAS, Scarinci & Hollenbeck, LLC submitted a Proposal to provide legal services concerning this matter and it was found to be in the best interest of the City to accept the Proposal for the purpose of representing the City’s interests and provide legal services for this limited matter; and
WHEREAS, the Mayor and/or his designee, Corporation Counsel, wish to enter into and execute a contract with Scarinci & Hollenbeck, LLC to provide legal services, as it pertains to this matter, in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for the period of March 1, 2020 through March 1, 2021; 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, the 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, Scarinci & Hollenbeck, LLC 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 in the prior year and that the contract will prohibit Scarinci & Hollenbeck, LLC 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 adopted 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 Mayor and/or his designee, the Corporation Counsel, are authorized and directed on behalf of the City of Newark to enter into and execute a contract with Scarinci & Hollenbeck, LLC, 1100 Valley Brook Avenue, P.O. Box 790, Lyndhurst, New Jersey 07071, to provide legal services concerning the City’s appeal of its assessment of the Third and Fourth Quarter 2018 User Charges against Passaic Valley Sewerage Commission in an amount not to exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00) for the period of March 1, 2020 through March 1, 2021.
2. The Municipal Council ratifies this contract from the period of March 1, 2020 to the date of adoption of this resolution.
3. 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) and as a Non-Fair and Open Contract in accordance with N.J.S.A. 19:44A-20.5.
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 certifying that funds in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), shall be charged to the following: Account Code Line: Business Unit NW011, Dept. 040, Div/Proj. 0401, Account #71260. The remainder of the funding for this contract will be subject to appropriation in the 2020 Budget.
5. The Business Disclosure Entity Certification and Determination of Value shall be filed with the Office of the City Clerk.
6. 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.
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 adoption of this resolution.
8. There shall be no amendments or changes of this resolution without approval of the Municipal Council.
9. There shall be no advance payments on this contract, pursuant to N.J.S.A. 40A:5-16.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Corporation Counsel, to enter into and execute a contract with Scarinci & Hollenbeck, LLC, to provide Legal Services concerning the City’s appeal of its assessment of the Third and Fourth Quarter 2018 User Charges against Passaic Valley Sewerage Commission in an amount not to exceed $200,000.00, for the period of March 1, 2020 through March 1, 2021.