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Resolution of the Mayor and Council of Princeton Authorizing the Execution of a Professional Services Agreement for Special Counsel Services in Connection with Pending Litigation with Decotiis, Fitzpatrick, Cole & Giblin, LLP- Not to Exceed $17,500.00
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WHEREAS, Princeton is a defendant in pending litigation known as Marcou v. Elhajjmal, et al., Docket No. MER-L-2330-23; and
WHEREAS, Princeton Council has a need to retain the services of special counsel with extensive experience with navigating cases of complex litigation and the immediate and future impact of such litigation on a municipality and its operations, insurance and risk management, for purposes of providing additional assistance and specialized legal advice to Council in connection with the current status of said litigation and other matters related to said litigation; and
WHEREAS, the law firm of DeCotiis, Fitzpatrick, Cole & Giblin, LLP has the requisite experience and has offered to render such legal services to Council on an as-needed, as-directed basis at the hourly rate of $275/hour and for a sum not to exceed $17,500; and
WHEREAS, at this time Council desires to retain the services of DeCotiis, Fitzpatrick, Cole & Giblin, LLP to serve as special counsel to provide the sought-after legal services and advice to Council; and
WHEREAS, Council may award this agreement as a professional services contract without public bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Chief Financial Officer has certified that sufficient funds are available for this purpose_______________________________.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Municipality of Princeton as follows:
1. The “Whereas” clauses are hereby incorporated herein as if fully restated.
2. Princeton is hereby authorized to execute a Professional Services Agreement consistent with the foregoing for purposes of retaining the services of DeCotiis, Fitzpatrick, Cole & Giblin, LLP for a not to exceed amount of $17,500 and term of up to twelve months.
3. The terms and conditions of the Professional Services Agreement shall be subject to the final review of the Municipal Attorney’s office.