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HomeMy Public PortalAboutr 15-077Pnol fion of 14V �60rly)104 of &rferef, Y. T No. 15 -77 Dale of 2015 APPROVING PROFESSIONAL SERVICES CONTRACT - BRADLEY M. CAMPBELL, LLC the Borough of Carteret is in need of specialized services with regard to litigation; the law firm of Bradley M. Campbell, LLC possesses the requisite experience and rovide said specialized legal services; and the Chief Financial Officer has certified that finds are or will be available for said purpose. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret. 1. That the law firm of Bradley M. Campbell, LLC is hereby appointed special counsel at an hourly rate set pursuant to the firm's existing contract as set by the Borough's Chief Executive Officer for a maximum cost not to exceed $30,000.00, and per attached proposal. 2. That a copy of this Resolution shall be forwarded to the Borough's Purchasing Department. 3. This action is approved as an award of a professional services contract pursuant to N.J.S.A. 40A:11- 5(1)(a) in accordance with the Borough's Fair and Open Process as authorized by law and subject to the availability of funds. Adopted this 26" day of March, 2015 and certified as a true copy of the original on March 27, 2015. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NY A.B. X Is! X DTAZ X X X X X - Indicate Vole AB - Absent NV - Not Voting NOR - Indicates Vote to Ovc,.Ie Veto Adopted at a meeting of the Municipal Council March 26 2015 CLERK a February 26, 2015 The Honorable Daniel J, Reiman Mayor Memorial Borough Hall 61 Cooke Avenue Carteret, New Jersey 07008 -3096 Subject: Retention of this firm: file number BC1504 Carteret Clean Air Enforcement Initiative My dear Mayor: This letter proposes the terms of our agreement under which Bradley M. Campbell LLC (the Firm) will represent the Borough to undertake certain investigative and, where appropriate, litigation efforts to ensure that major air emissions in the Borough are properly controlled, Under the terms of this agreement, the Borough would advance payment for two investigative costs to be incurred in the investigative phase of the project: one -month rental of the FLIR GF300 /30 infrared camera at cost of $15,000.00, and $15,000 for 120 hours of work by a infrared camera operator, for a total of $30,000.00. The Borough would also provide an appropriate police or fire officer and vehicle to facilitate the camera operations. Compensation of the Firm would be on a contingency basis. Although New Jersey C01114 Rule 1;21- (7)(c) does not by its terms apply to the claims that the investigation ay support, we nonetheless would follor. rule's schedule of allowable fees as follows: thirty- three and one -third percent °�rst $500,000 of the value of any relief after deduction of expenses; thirty percent of the 11 0,000 of the value of any G relief after deduction of expenses; twenty -five percent 0) of the ne 1 0<0100f 000 of the value of any relief after deduction of expenses; and twenty percent the next R t $500,000 of the value of any relief after deduction of expenses. Fees for recoveries in 'l excess of theses amounts shall be determined in accordance with Rule 1:21 -7 of the rules governing the Courts of the State of New Jersey. With respect to fees to be determined by the court, the Borough agrees to support any fee proposal that the Firm makes to a court as long as that fee does not exceed twenty -eight percent (28 %) of the value of relief secured: INFO ©DR AD CAMPBELL. US 50 WEST STATE STREET / SUITE I100 / TRENTON, NEW JERSEY 08608 MAIN 609 392 4500 / TELECOPIER 609 39R 4511 1025 CONNECTICUT AVENUE, N.W. SUITE 1000 / WASHINGTON D.C. 20036 MAIN 202 327 5405 TELECOPIER 202 3 5406 Honorable Daniel J. Reiman February 26, 2015 Carteret Clean Air Proposal Page 2 eyon pe The Borough retains the right to dispute as unreasonable expense charges that are made without the Borough's prior authorization. To enable us to represent you effectively, you agree to cooperate fully with us in all matters relating to the matter, and to fully and accurately disclose to us all facts and documents that may be relevant to the matter or that we may otherwise request. You also agree to pay our statements for services and other charges incurred. A failure to cooperate or make timely payment of invoices will be a basis for the Firm's withdrawal from the matter, to the extent permitted by New Jersey's Rules of Professional Conduct. We may transmit to you documents and other materials that are privileged or otherwise sensitive. To minimize costs and increase the efficiency of our work, these transmissions may include transmissions by electronic mail or other electronic media using the internet, You agree to be responsible for restricting access to and otherwise protecting the privileged character of such communications when delivered to an authorized recipient address. You also recognize that the Firm will not be responsible if emails or other materials transmitted through the internet are intercepted by third parties, whether or not such interception was lawful or unlawful. After completion of this representation, changes may occur in applicable laws or regulations that could have an impact upon your property. The Firm will not be obliged to advise you with respect to future legal developments, but we would like to keep you on our mailing list to advise you of developments in the law that may be of interest to you. Please review this letter carefully and, if it meets with your approval, sign the enclosed copy of this letter and return it to us with the expense advance of $30,000.00. If you have any questions concerning the above, I would be pleased to discuss them with you. I appreciate your selection of the Firm to work on this matter, and we look forward to working with you to ensure that your clean air objectives are achieved. Very truly yours, Approved and accepted this j Bradley M. Campbell L�LC { I ° day of I �� 2015. r . v� Honorable Daniel J, Reiman Carteret Clean Air Proposal By: The Hoy orab am ennan Mayor By: Robert Bergen, Esquire Law Director February 26, 2015 Page 3 o- • =_`; WOOLESEX COUNT( p 2fu J2r52U OFFICE OF F ATHLEFiV M. PA1ZN MvG MXdCipsl Clerk Date: To: Patrick J. DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: 61 COOKE AVENTUE CARTERET, NEW JERSEY 07005 March 26, 2015 For: Bradley M. Campbell LLC, , Re: Litigation, Legal Services Name of Account Resolution #15 -77 AMOUNT TO BE ENCUMBERED: Maximum cost not to exccpd $ 0,000 00 KATHLEEN M. BARNEY Municipal Clerk CERTIFICATION OF AVAILABILITY OF FUNDS I, Treasurer of the Borough of Carteret, do hereby certify that there are sufficient funds available in the current budget to enable the Municipal Council to authorize the entering into a contract between the Borough of Carteret and: >3A,Y01a-V /14. The funds available for this contract are in the Budget, in the account of In the amount of 3? By this certification, I have hereby encumbered the above named account for the amount of the contract PATRICK J. DEBLASIO, Treasurer Date: yIql, > AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: April 15, 2015 Notary Public of New Jersey Kathleen M. Barney, MMC f LINDA A. RIVERA Municipal Clerk NOTARY PUBLIC OF NEW JERSEI' Sworn MYa O MMIS$�q,� F� ,RES MAY 2 2k fi' me this 1 - V day of C uc;N OF CARTERET CE OF CONTRACT AWARDED gh of Carteret has contract w)thoua =.: e biddlag as a al service pursuant to A:1 LS (t) (a). This Id the resolution g it are aval lable for ection in the office of - Pal Clerk. Is approved as an rofesslonal Services rrsuant to "I - 5(A( in With e Borough's ,an Process as by law. o: Bradley M. LC I` leciai Counsel, in #15 -77''` wm cost Not to ,000.00 N. BARNEY, MMC Jerk BOROUGH OF CARTERET 100 COOKE AVENUE CARTERET, NEW JERSEY 07008 THIS AGREEMENT: made this 26 "' of March 2015 By and between: Bradley M. Campbell, LLC 50 West State Street Suite 1100 Trenton, NJ 08608 And the Borough of Carteret a municipal Corporation having its Principal Office at the Borough Hall, 61 Cooke Avenue, Carteret, New Jersey 07008 As per Resolution Number 15 -77. THE CONTRACTOR does hereby agree to perform the following: PROFESSIONAL SERVICE FOR SPECIALIZED LITIGATION SERVICE. NOT TO EXCEED $30,000.00 According to the terms set forth in the Resolution. THE BOROUGH does hereby agree to pay the Contractor the sum set forth in the Resolution. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals or caused these presents to be signed by their proper corporate offices and their corporate seals to be hereto affixes, the day and year written above. WITNESSED BY: For the Cor BY: / C — TIT LE: mar•, Kathleen M. Barney Municipal Clerk