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Resolution #090375
Award of Change Order #3, Professional Services Contract for Legal Services
to Dennis Krumholz Esq., and Jillian Mooney, Esq., of the law firm Riker, Danzig, Scherer, Hyland, Perretti LLP, in the additional Not to Exceed Amount of $10,000.00 to Serve as Special Co-Counsel with Township Attorney John Belardo, Esq. of the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLC, in Litigation entitled Millington Quarry, Inc. v. Township of Bernards, et al., bearing Docket No. SOM-L-475-08, and Tilcon New York Inc. v. Township of Bernards, et al., bearing Docket No. SOM-L-476-08,
for a Total Not to Exceed Amount of $112,000.00
WHEREAS, the Bernards Township Committee on July 29, 2008, passed resolution #080342 to hire Dennis Krumholz Esq., and Jillian Mooney, Esq., of the law firm of Riker, DanzigScherer, Hyland, Perretti LLP, to Serve as Special Co-Counsel with Township Attorney John Belardo, Esq. of the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLCfor legal services in pending litigation in the New Jersey Superior Court, Somerset County, entitled Millington Quarry, Inc. v. Township of Bernards, et al., bearing Docket No. SOM-L-475-08, and Tilcon New York Inc. v. Township of Bernards, et al., bearing Docket No. SOM-L-476-08, relating to the Millington Quarry Property (the “Pending Quarry Litigation”); and
WHEREAS, the Bernards Township Committee on November 11, 2008, passed resolution #080479 to perform additional legal services associatedwith this pending litigation and a change order was required to amend the 2008 Professional Services Contract to include the additional amount of $57,000.00; and
WHEREAS, the Bernards Township Committee on May 6, 2009, passed resolution #090230 to perform additional legal services associatedwith this pending litigation and a change order was required to amend the 2008 Professional Services Contract to include the additional amount of $10,000.00; and
WHEREAS,due to further additional legal services associatedwith this pending litigation; an additional change order is required to amend the 2008 Professional Services Contract from September 29, 2009 through September 28, 2010 to include the additional not to exceed amount of $10,000.00; and
WHEREAS, the Supervisory of Treasury Services has certified funds are available in the Litigation Fees and Compensation 9-01-20-155-20A, line item appropriation or ordinance.
THEREFORE BE IT RESOLVED by the Township Committee of the Township of Bernards, SomersetCounty, New Jersey, that the Purchasing Agent is hereby authorized to issue a Change Order #2 toDennis Krumholz Esq., and Jillian Mooney, Esq., of the law firm of Riker, Danzig,Scherer, Hyland, Perretti LLP, in the additional not to exceed amount of $10,000.00; not to exceed $112,000.00 for the total contract.
NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Committee of the Township of Bernardsthat a copy of this resolution be published in the official township newspaper, and be placed on file and available for public inspection in the office of the Bernards Township Purchasing Agent.
I agree to the terms as stated in the Resolution and by signing this document I am committed to follow all terms of this award.
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Dennis Krumholz, Esq., of the firm Riker, DanzigScherer, Hyland, Perretti LLP
Agenda and Date Voted: September 29, 2009
EXPLANATORY STATEMENT:Legal preparation for litigation proceedings exceeded original estimates.
Bruce McArthur, CFO/TWP Administrator
TREASURER’S CERTIFICATION
I, Terri Johnson, Supervisor of Treasury Services of the Township of Bernards, hereby certify that adequate funds are available for the above referenced change order #3 in the amount of $10,000, resulting in a not to exceed mount of $ 112,000.00 for the total contract. Monies are available in: 9-01-20-155-20A.
Date: 9/22/09 /
Terri Johnson
Supervisor of Treasury Services
PURCHASING CERTIFICATION
I herby certify that I have prepared this resolution and reviewed it for accuracy.
Date: September 29, 2009 /
Francis J. Decibus, QPA,RPPO, RPPS
Purchasing Agent
CERTIFICATION
I hereby certify this is a true and exact copy of a resolution adopted by the Bernards Township Committee on 09/29/2009.
Denise Szabo, Municipal Clerk