The URL can be used to link to this page

Home My Public Portal Aboutr 06:210 ¿RrJ3ühTilül1 ü£ tl¡r ;LJ¡jütaltHIT 11£ QIadrr£Ì, rL 3]. No ¡OIi-?10 July 20, 2006 Dale of Adoption AWARDING PROFESSIONAL SERVICES CONTRACT- WOLFF & SAMSON, p,c. WHEREAS, on May 17, 2006, the Governing Body of the Borough of Carteret passed Resolution No. 06-173, amending Resolution No. 99-33, authorizing a professional services contract with Wolff & Samson, p,c., for the provision of specialized redevelopment counsel services with regard to various ongoing redevelopment initiatives and related projects; and WHEREAS, it has become necessary to increase the scope of services to be perfonned by Wolff & Samson, p.e., and to increase the authorization provided for pursuant to Resolution No. 06-173 from $2,000.00 to $10,000.00; and WHEREAS, the Chief Financial Officer has certified that funds are available for the same. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough ofCarteret, County of Middlesex, State of New Jersey that: 1. The previous authorization for specialized redevelopment counsel services provided for by Resolution No. 06-173 for Wolff & Samson, P.c., in an amount not to exceed $2,000.00 is hereby increased at a cost not to exceed $10,000.00. BE IT FURTHER RESOLVED that this award is made as a professional services contract pursuant to NJ.S.A. 40A:l1-5(1)a and is made pursuant to a fair and open process as provided for by law. Adopted this 20'h day of July, 2006 and certified as a true copy of the original on July 21,2006. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk _._----~- ~-_._- RECOED OF COUNCIL VOTE COUNCILMAN YES NO NY A.B COUNCILMAN YES NO NY A.B. BELLINO X NAPLES X X .- DIAZ X RIDS -~_._.__.- ..~ - -"-" ""riM X.. SITARZ X -. .. - L _. ._.- X -lfldiCd[~ VDI~ AB· Abs~f¡¡ NY Not Voting XOR - J[jJicåln YŒ~ 10 Overrule Velo ~- -- --~p-.- Adopu,:d al a mteling of ¡he Munil'ipJI COIHICij ~JUlY ZO, 2006~__..~ -.êR.é'~~ CL_ ~ ~ DAViD SA,,",SON A~TH\jH S GOLDSTEIN" ARMEN SHAHINIAN' BRADLEY M. CAMPBELL THOMAS R. O'BRIEN" GAGE ANDRETTA- DANIEL A. SCHWARTZ' KAREN L. GilMAN KENNETH N. lAPTOOK' FREDRIC P. LAVINTHAL DAVID M. HYMAN' DAVID I.. SCHLOSSBERG ROGER J. BREENE DAVID N. RAVIN" BERNARD S. DAVIS HOWARD J. SCHWARTZ' PAUL M. COLWELL ROBERT E. NIES MORRIS BIENENFElD' DENNIS M. TOFT JEFFREY M. GUSSOFF- JOHN F. CASEY JAMES D. FERRUCCI JOHN M. SIMON JOHN A. McKINNEY. JR STEPHEN L. FERSZT' LAURENCE M SMITH WOLFF & SAMSON PC WilLIAM L GovDÞN' DARRYL WEISSMAN" PETER E. NUSSBAUM lORI GRIFA- MICHEllE A. SCHAAP ADAM K. DERMAN ANDREW SAMSON ADAM P. FRIEDMAN" SCOTT D. BARON' MITCHEll S BERKEY- CATHERINE P WEllS JONATHAN BONDY- MICHAEL A. JANKOWSKI" DANIEL M. MURPHY- ROBERT H. CRESPI' JUNIE HAHN' JOSEPH TRIPODI' COUNSELLORS AT LAW THE OF"FïCES AT CRYSTAL LAKE ONE BOLAND DRIVE WEST ORANGE, NEW ,JERSEY 0 973-325-1500 TELECOPIER: 973-325-1 AARON D. 8ASSAN ROXANNA E. HAMMETT AUREN M. O'SUlLlVAN EPH ZAWILA AS W. SABINO 6Ç\:; RD K.' UNIMAN' _rt1 N S KATZ' , ÚNE,S. MELLER' eJ...R~RA B. MANAHAN .JIll D. ROSENBERG' ANOREW S, KENT' ERICJ. lEVINE' DORIT F. KRESSEL' SE;N,OR"TTOFlNEYS NEW YORK OFFICE 140 BROADWAY FORTY-SIXTH FLOOR NEW YORK, NEW YORK 1000 212-973-0572 PHilADELPHIA OFFICE' TWO PENN CENTER,SUITE 1310 1500 .JOHN F. KENNEDY BOULEVARD PHilADELPHIA, PENNSYLVANIA 19102 215-567-2878 JOSEPH A. DICKSON DONNA M, EREM JOSEPH MONAGHAN GARY E. SCHULER" CARLOS G, MANALANSAN MYRNA BLUME DANIEL D. 8ARNES' RONALD L. ISRAEL" ARTHUR M. NAlBANDIAN- WilLIAM R. FINIZIO JOHN O. lUKANSKl' DIANA L. BUONGIORNO :;;HRISTOPHER NUCIFOR.... CARL B. lEVY RHONDA CARNIOl- BARBARA S. HUTCHEON ANDREW D. ELLIS ROBERT T. CARLTON. JR. KLAUS P. STOFFEL"' STEPHEN M. ASPERO' OF COUNSEL WWW.WOLFFSAMSON.COM WRITER'S E-MAIL: bcampbell@wolffsamson.com WRITER'S DIRECT DIAL: 973-530-2024 WRITER'S TElECOPIER: 973-325-1501 -MEMBER NJ AND NY BARS ':.~:-::i.;¡:::¡;; :.;'" ;:.';',0 ;-f· Ð.;RS MEM8ER PA AND NY BARS MEMBER NJ, NY AND PA BARS -MEMBER NY BAR ONLY MEMBER PA BAR ONLY 'REGISTERED PATENT ATTORNEY Re: Retention of this finn tJ~?(- . Iv-<- ~ ~ # d-¿;--{n - tß þ ~~ p{AL~r d/qp",p, ff ~ ~:/ð~ ./ ~~. ~{C ~ MARTIN l. WIENER 1194.:' _ 200.:" Via Regular Mail Ms. Kathleen M, Barney Municipal Clerk Borough of Carteret 100 Cooke Avenue Carteret, New Jersey 07008 Dear Ms, Barney: THOMASJ. TRAUTNER" LINDA D. SULLIVAN' JENNIFER R. JACOBUS JOSHUA M. lEE KAREN L. SHAMIR RANDI-LYNN SMAllHEER" TODD W. TERHUNE ELlE FINK" SHAN"ION 1... KEIM MARGARET O'ROuRKE WOOD DENISEJ. PIPERS8URGW RUSSEL D. FRANCISCO' NICOLE F. DIMARIA DANIEL T. McKillOP SCOTT E. LINSKY" KATHRYN (: SONG" SEEMACHANORA' KIRAN V. SOMASHEKARA ELIZABETH J. MAZZA lORYN M. LAWSON RACHEL C. MAIO·' SCOTT J. GOLDSTEIN" JOSHUA M. GAI'FNEY" MELISSA A. SALlMBENE' JONAH-I.oII,N L. CASSADY SAUL STEIN" ?ATRICK GILMARTIN REPLY TO WEST ORANGE T'he Borough of Carteret (the Borougli) has natneù our firrll as sf:ecial reJcvdop:ner:t counsel pursuant to NJ,S,A. 19:44-20,5, This letter will confinn engagement of this firm and the basis on which our finn will provide legal services to the Borough. We have been engaged to represent the Borough in connection with the redevelopment and remediation of sites identified by the Borough as "redevelopment sites," as well as in litigation brought to accelerate or otherwise facilitate acquisition or redevelopment of the redevelopment sites, We have agreed that our finn's engagement is limited to perfonnance of services related to the matter described above, Because we are not the Borough's general counsel, our acceptance of this engagement does not involve an undertaking to represent the Borough in any other matter. To enable us to represent the Borough effectively, the Borough agrees to cooperate fully with us in all matters relating to the redevelopment sites, and to fully and accurately disclose to ]023]41.1 WOLFF & SAMSON PC Ms, Kathleen M, Barney Municipal Clerk Borough ofCarteret July 5,2006 Page 2 us all facts and documents that may be relevant to the matter or that we may otherwise request. The Borough also agrees to pay our statements for services and other charges as stated below, I will have primary responsibility for the Borough's representation and will utilize other finn lawyers and legal assistants as I believe appropriate in the circumstances. Our fees will be based primarily on the amount of time spent on the Borough's behalf. Two fee schedules would apply to work that Wolff & Samson attorneys perfonn for the Borough of Carteret. Hourly fees for myself and my partner, David will be charged at $280 per hour. Fees for work perfonned by all other attorneys, ,whether partners or associ'\te~, "in be charged at $230 per hour. Paralegals will be charged at $60.00 per hour. In addition, the finn will bill for reasonable expenses and customary disbursements within the scope of work, Our statements will set forth the amount of our fees and certain other charges, including document reproduction, computerized research, telephone, postage, facsimile transmissions and out-of-pocket disbursements, such as delivery charges, travel expenses, meals, use of other service providers, such as printers, filing fees, deposition costs, process serves, court reporters and witness fees, We do not make a separate charge for secretarial work except for overtime staff work. We will not engage any consultants, appraisers, investigators, experts or local counsel without your express approval. The fees and expenses of any such third parties hired with your approval will be billed directly to the Borough and not paid by us, Statements nonnally will be rendered monthly for work perfonned as well as charges and expenses recorded on our books during the previous month, Payment is due promptly upon receipt of our statement. We may withdraw from representation if the Borough fails to fulfill its obligation under this agreement, including the Borough's obligation to pay our fees, charges and expenses, or as pennitted or required under any applicable standards of professional conduct or rules of court, As we have discilsseJ, the fees æ1d ,--05t3 relating to this rnattcr an; not predictable. Accordingly, any estimate of fees and costs that we may have discussed does not represent any commitment to the Borough concerning the maximum fees and costs that will be necessary to resolve or complete this matter. We have not been retained to represent the Borough with respect to any other matter or issues beyond the specific representation described above, including, but not limited to, advising the Borough for costs incurred or liability resulting from any claims asserted against the Borough. After completion of this representation, changes may occur in applicable laws or regulations that could have an impact upon the Borough's representation, Wolff & Samson will not be obliged to advise the Borough with respect to future legal developments, We understand that the Borough may be designating other entities as redevelopers for specific sites within the scope of this representation, The Borough has agreed that our representation of the Borough with respect to this matter does not give rise to an attorney-client I023141J WOLFF & SAMSON PC Ms. Kathleen M, Barney Municipal Clerk Borough of Carteret July 5, 2006 Page 3 relationship or an adverse party relationship between Wolff & Samson and any affiliates or entities that the Borough may designate as a redeveloper. Please review this letter carefully and, if it meets with your approval, please sign the enclosed copy of this letter and return it to us with a retainer of $10,000,00, Again, if you have any questions concerning the above, I would be please to discuss them with you, We are looking forward to working with you on this matter. Very truly yours, WOLFF & SAMSON PC By: ((¡¡1 ~ B LEY. CAMPBELL BMC:yc Enc1 Approved and accepted this _ day of ,2006, BOROUGH OF CARTERET By: 1023141.\