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Home My Public Portal Aboutr 05:369 2EÜzDlu±irnt 11£ ±1p~ ¿ßl1rl1u£Ir 11£([ttrÌ£n~±1 ~ ~ JJ- No. 05-369 Date of Adoption December 15, 2005 AUTHORIZING THE LAW FIRM OF SCHWARTZ, SIMON, EDELSTEIN, CELSO & KESSLER LLP TO INSTITUTE LITIGATION OF BEHALF OF THE BOROUGH CHALLENGING RECENT LEGISLATION ESTABLISHING CERTAINMUNICPAL CRITERIA FOR THE RECEIPT OF ADDITIONAL EDUCATIONAL FUNDING AND AUTHORIZING PAYMENT THEREFORE WHEREAS, the Borough of Carteret is in need of professional legal services with regard to anticipated litigation seeking to challenge recent state legislation establishing certain municipal criteria necessary for the receipt of additional educational funding; and WHEREAS, Nicholas Celso, Esq., of the law firm of Schwartz of Schartz Simon Edelstein Celso & Kessler LLP possesses the requisite experience and expertise to provide said specialized legal services; and WHEREAS, the Borough desires to authorized the initial amount of $5,000.00 for said purpose and to authorize the law firm to initiate litigation on behalf of the Borough challenging said legislation; and WHEREAS, the Chief Financial Officer has certified that funds are or will be available for " said purpose. NOW, THEREFORE, BE IT RESOLVED by the MayOf and Council of the Borough of Carteret that the law firm of Schartz Simon Edelstein Celso & Kessler LLP is herby retained to perform the above described legal services and to initiate litigation on behalf of the Borough at an initial cost not to exceed $5,000.00. BE IT FURTHER RESOLVED, that this appointment is made as a professional service as defined by N.J.S.A. 40A: 11- 2 (6). Adopted this ]5th day of December, 2005 and certified as a true copy of the original on December ]6, 2005. LINDA A. RIVERA Assistant Municipa] Clerk; RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.IJ. BELLINO . X IIIAPT"" X DIAZ X THnc X KRUM X <:rr&n'7 X -~ x - Indicate Vote AS - Absen! NY - Not Voting XOR - Indicates Vote to Overrule Veto - Adopted at a meeting of the Municipal Council DP<"pmhPr 1'), 1m') ~.--..-L~ 0 .ß.~ Qoot.. CLERK · 'JTI1 D r DLtg 1r Df Œit r hnd MIDDLESEX COUNTY ;Neill ~ers'~ OFFICE OF KATHLEEN M. BARNEY. RMC/CMC MUNICIPAL CLERK TEL (732) 541-3800 FAX (732) 541-8925 61 COOKE AVENUE CARTERET, NEW JERSEY 07008 DateDecember 6, 2005 TO: Patrick J. DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICA nON OF A V AILABLE FUNDS: For: PROFF.SSIONAL LEGAL SERVICE~ ____ ~NTICIFATED LITIGATION Name of Account: sqnJARTZ SIMON EDELSTEIN CELSO & KESSLER LLP AMOUNT TO BE ENCUMBERED: not to exceed $5.0QO.00 Resolution #05-369 ~ O~ ~TVERA Assistant Municipal Clerk CERTIFICATION OF A V AILABILITY OF FUNDS KATHLEEN M. BARNEY, Municipal Clerk ~~- -r: ~e_?~.lJIc:,:LPLth~ _BQro~gþ-<-. 0fCa,!"!-~ret,"-dc hCi"eby -certify" Í11ëit·-thel'Ç£D~safficièl1r1lîriâ~''ãvãiIàDle -ìn......ilie cü'rrëñt--"="~ budget to enable the MUIÙcipal Council to authorize the entering into a contract between the Borough of Carteret and: 5cÂ ....,~-: L The funds available for this_contract are in the Budget, in the account of: Le. (,,-µ{ - o¿ in the amount of: -S ""'<:> e>-:> / ' By this certification, I have hereby encumbered the above named accoun "-'-- K J. DeBLASIO, Treasurer Date: I ;;.k/.s' KMB/cP AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONF. (1) times, once in each issue as follows: December 21. 2005 ~,~ a þ~ Notary Public of New Jersey Sworn and subscribed before me thisol i$day of/) "~'-ï ~cD)' ~4/~ Kathleen Barney, RMC/ Municipal Clerk ! _ Of CMI'EIIET NOTICE Of' CONTRACT AWARDeD The Boroulh of Cart.rat haa awardec:l . contract wtthout com~ bkI· d1na .. . profusion.' service _ pl.ll'.uant to N.J.S.A. 4OA:11-5(1)¡O). This contract and he resolution authortzlna It are avanable for public inspection In the offIce of the Munlct~ Clerk. Awarcted to: I T&M Assoclat.. Servlcn: L..al Servlcø-Antlclpat. ode"......n Resolullon 1015-369 COlt: Not to exc.ed $5,000.00: at an hourly rate accord'".. to sched- u,,, _M._ CIII'tttIH M....... c_ (.13.M) 13852 BOROUGH OF CARTERET 20 COOKE AVENUE CARTERET, NEW JERSEY 07008 to THIS AGREEMENT: made this] 5'" of December 2005 By and between: Schartz Simon Ede]stein Ten James Street F]orham Park, NJ 07932 And the Borough of Carteret, a municipal corporation, having its Principal office at the Borough Hal161 Cooke Avenue, Carteret, New Jersey, As pel Resolution Number 05-369. THE CONTRACTOR does hereby agree to perform the following PROFESSIONAL LEGAL SERVICE WITH REGARD TO ANTIC]PATED LITIGATION SEEKING TO CHALLENGE RECENT STATE MUNICIPAL CRITERIA FOR THE RECEIPT OF ADDITIONAL EDUCATIONAL FUNDING. NOT TO EXCEED $5,000.00. according to the terms set forth in RESOLUTION. THE BOROUGH does hereby agree to pay the Contractor the sum set forth in Resolution. ]N WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals or caused these presents to be signed by their proper corporate oHicers and their corporate seals to be hereto affixed, the day and year written above. Fo the Corp~ration: '" i BY: 5\:( ~.\ C~nw~ . , BOROUGj, 0 'A'RTERET ~f!!/$~~~ Municipal Clerk V -- 0.,-29-05 17: 19 From-SCHWARTZ SIMON 9733010203 T-893 P004/00S F-274 BOROUGH OF CARTERET 20 COOKE AVENUE CARTERET, NEW JERSEY 07008 , THIS AGREEMENT: made this 15th of December 2005 By and between: Schartz Simon Edelstcin Ten James Street Florham Park, NJ 07932 And the Borollgh of Carteret, a mUIllcipal corporation, having its Principal office at the Borough Hall 6] Cooke Avenu~, Carterct, J\'ew krsey, As per Resolm ion Number 05-369. THE CONTRACTOR does hereby agree to perform the folJowing PROFESSIO~AL LEGAL SERVICE WITH REGARD TO ANTICIPATED LITIGATION SEEKING TO CHALLE!\GE RECENT STATE MUNICIPAL CRITERIA FOR THE RECE]PT OF ADDITIONAL EDUCA TIOi\AL FUNDING. NOT TO EXCŒD $5,000,00. according to the terms set forth in RESOLUTION. THE BOROUGH does hercby agree to pay the Contractor the sum set forth in Reso]Ul ion. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals or caused these presents to be signed by their proper corporate otÌÌcers and their corporate seals [0 be herem affixed, the day and year \'Tinen above. Fo ~ Corp ration: __-6 BORO~O" ARTERET ~9;¡;~~1 Kath]een M. Bamçy V Mupieipal CleÜ BY 5tc~.-v\·\ C~W~ TI:~~: ' ~ ~iman Mayor --