1 Collyer Lane, Basking Ridge, NJ 07920
Phone: 908-204-3001; Fax: 908-204-3015; Website:

Resolution #2012-0325

Awarding a Professional Service Contract – Special Legal Services - Richard C. Wischusen, Esq., of Supple & Wischusen, New Providence, New Jersey, in an Amount Not to Exceed $15,000.00 in Reimbursable Expenses Only

WHEREAS, there exists a need for the professional legal services for the Township of Bernards, to represent the Township in connection with a claim of legal malpractice against Arthur Thibault, Esq., and the law firm of Apruzzee, McDermott, Mastro and Murphy, and any successor in interest to the firm; and

WHEREAS, the Township’s claim involves the manner and method in which the Arthur Thibault, Esq., and the law firm of Apruzzee, McDermott, Mastro and Murphy represented the Township in resolving a dispute with a former police chief; that the decision of the State of New Jersey to assess the Township a charge in excess of $243,000.00 was a result of the negligence/malpractice; and seeking the refund of the assessment and the attorneys’ fees incurred in attempting to reverse said State decision; and

WHEREAS, the Local Public Contracts Law N.J.S.A.. 40A:11-1 et seq., more specifically N.J.S.A. 40A:11-5 allows for the awarding of a contract for "professional services" without public advertising for bids; and

WHEREAS, Richard C. Wischusen, Esq., and the law firm of Reilly, Supple & Wischusen, LLC, has provided a proposal for the provision ofsuch professional legal services for the Township; and

WHEREAS, prior to the execution of a contract, Richard C. Wischusen, Esq., on behalf of the law firm of Reilly, Supple & Wischusen, LLC, will have completed and submitted a Business Entity Disclosure Certification which certifies that he nor the firm has not made any reportable contributions to a political or candidate committee in the Mayor or Township Committee of the Township of Bernards in the previous year, and that the contract will prohibit him and the firm from making any reportable contributions through the term of the contract, pursuant to N.J.S.A. 19:44A-20.4, et seq.; and

WHEREAS, this was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4, et seq.; and

WHEREAS, the Township Committee finds it to be in the best interest of the Township to enter into anagreement with Richard C. Wischusen, Esq., and the law firm of Reilly, Supple & Wischusen, LLC for the professional legal services for the Township in connection with a claim of legal malpractice against Arthur Thibault, Esq., and the law firm of Apruzzee, McDermott, Mastro and Murphy, and any successor in interest to the firm.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township Committee of the Township of Bernards, County of Somerset, State of New Jersey, as follows:

  1. The Mayor and Township Clerk are hereby authorized and directed to execute the attached Agreement with Richard C. Wischusen, Esq., and the law firm of Reilly, Supple & Wischusen, LLC for the professional legal services for the Township in connection with a claim of legal malpractice against Arthur Thibault, Esq., and the law firm of Apruzzee, McDermott, Mastro and Murphy, and any successor in interest to the firm, for a fee based on a percentage of the net recovery (the total recovered minus costs and expenses), as follows:

33-1/3% of the first $500,000.00 recovered; and

30% of the next $500,000.00 recovered.

  1. This Contract is awarded without competitive bidding as a "professional service" under the provisions of the Local Public Contracts Law, more specifically N.J.S.A. 40A:11-5.
  2. A certificate showing the availability of funds for the Contract authorized hereby has been provided and is made a part hereof indicating that the appropriation for the within expenditure is charged to the applicable budget account.
  3. The Business Disclosure Entity Certification shall be placed on file with this Resolution.
  4. A notice of this action shall be printed in the official newspapers required by law within ten (10) days of its passage.

BE IT FURTHER RESOLVED that this Resolution shall take effect pursuant to law.

Agenda and Date Voted:07/24/2012

CERTIFICATION
I hereby certify this is a true and exact copy of a resolution adopted by the Bernards Township Committee on 07/24/2012.

Denise Szabo, Municipal Clerk
TREASURER’S CERTIFICATION
I, Terri Johnson, Treasurer of the Township of Bernards, hereby certify that adequate funds will be made available for the above referenced purchase in the amount not to exceed $15,000.00. Monies are requested in the 2012 Budget in: Legal Other Expenses 2-01-20-155-20A..
Date: 07/16/12 /
Terri Johnson
Treasurer
PURCHASING CERTIFICATION
I herby certify that I have prepared this resolution and reviewed it for accuracy.
Date: July 16, 2012 /
Francis J. Decibus, QPA, RPPO
Purchasing Agent

1