Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide legal services, consultation and representation of the Municipal Council and the Office of the City Clerk, including Production of Records and/or Documents for Federal and/or State Agencies.
Entity Name: Arleo and Donohue, LLC
Entity Address: 622 Eagle Rock Avenue, West Orange, New Jersey 07052
Contract Amount: Not to exceed $50,000.00
Funding Source: 2022 Budget/Office of the City Clerk/NW011-020-0201-71280-B2022
Contract Period: June 22, 2022 through June 21, 2023
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:
Body
WHEREAS, the Municipal Council and the City Clerk has a need for legal services, as it pertains to consultation and representation on matters, including, but not limited to the production of records and/or documents for Federal and/or State agencies; 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, the Municipal Council and the City Clerk wishes to enter into a contract with Arleo and Donohue, L.L.C., 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services, as it pertains to consultation and representation for the Municipal Council and the City Clerk, on matters, including, but not limited to the production of records and/or documents for Federal and/or State agencies, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of June 22, 2022 through June 21, 2023; 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 is in compliance with the City's Ordinance on Pay to Play 2:4-22C.1; and
WHEREAS, Arleo and Donohue, L.L.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 in the prior year and that the contract will prohibit Arleo and Donohue, LLC from making any reportable contributions through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City Clerk is hereby authorized to enter into and execute a contract, on behalf of the Municipal Council and the Office of the City Clerk with Arleo and Donohue, L.L.C., 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services, as it pertains to legal services, consultation and representation of the Municipal Council and the City Clerk, on matters, including, the production of records and/or documents for Federal and/or State agencies, in an amount not to exceed Fifty Thousand Dollars and Zero Cents ($50,000.00), for the period of June 22, 2022 through June 21, 2023.
2. Pursuant to N.J.A.C. 5:30-5(a), Temporary Budget, attached hereto is the Chief Finance Officer's Certification, which states funds in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00) are available in the 2022 Budget, Business Unit: NW011; Dept.: 020; Div./Proj.: 0201; Activity: A; Account #: 71280; Budget Ref.: B2022. The Certification shall be filed, along with the original Resolution and the executed contract in the Office of the City Clerk.
3. The contract is awarded as a Non-Fair and Open Contract, pursuant to N.J.S.A. 19:44A-20.5; and the Business Entity has provided a statement that it is in compliance with the City of Newark, Contractor Pay-to-Play Ordinance, 2:4-22C.1.
4. The contract will contain language prohibiting any contributions in violation of any state or local law.
5. The Business 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 and shall be made available for public inspection.
7. There shall be no amendments or changes to 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:11-5(a)(i).
STATEMENT
This Resolution authorizes the City Clerk to enter into and execute a contract, on behalf of the Municipal Council and the Office of the City Clerk with Arleo and Donohue, L.L.C., 622 Eagle Rock Avenue, West Orange, New Jersey 07052, to provide legal services, as it pertains to legal services, consultation and representation of the Municipal Council and the City Clerk on matters, including the production of records and/or documents for Federal and/or State agencies, in an amount not to exceed $50,000.00, for the period of June 22, 2022 through June 21, 2023.