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

Resolution #2010-0317

Awarding a Professional Services Contract for Alternate Public Defender

to John DeMassi, Esq., of the firm Schiller & Pittenger, PC

In the Not to Exceed Amount of $300.00

WHEREAS, due to a current case pending before the Bernards Township Municipal Court, the appointment of an additional Public Defender is required; and

WEHREAS, John DeMassi, Esq. of the firm of Schiller & Pittenger, PC, is currently serving as a public defender in several Municipal Courts and is experienced and qualified.

WHEREAS, this professional services contract is not subject to the requirements of N.J.S.A. 19:44A-20.4, et seqand Section 2-34 of the “Township Ordinances" as the Contract is under the threshold for the ordinance as well; and

WHEREAS, the Treasurerhas certified that funds will be made available in the 2010 Budget: Public Defender O.E. Line account #0-01-43-495-204 for the same.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that a professional service contact for Alternate Public Defender be awarded to John DeMassi, Esq., Schiller & Pittenger, PC, 1771 Front Street, Scotch Plains, NJ 07076 at an hourly rate of $ 150.00 in the not to exceed amount of $ 300.00; and

  1. This contract shall, for all purposes, be deemed a New Jersey Contract and any provision of this contract shall be governed and interpreted with the Laws of the State of New Jersey.
  2. Any modification to this contract shall be in writing and signed by both parties and upon obtaining said signatures shall immediately become part of the contract.
  3. No payments in excess of the “not to exceed” contract amounts will be approved, unless such services/expenditures are negotiated and agreed upon in advance of service delivery.
  4. Billing must be rendered within 30 days of service delivery.
  5. This contract term is from September 14, 2010 through December 31, 2010

NOW THEREFORE BE IT FURTHER RESOLVED, that a copy of this resolution be published in the official Township newspaper, be on file, available for public inspection, in the office of the Bernards Township Purchasing Department, MunicipalBuilding, Basking Ridge, New Jersey07920.

I agree to the terms as stated in this Resolution and by signing this document, I am committed to follow all terms of this award.

______

John DeMassi, Esq.

Agenda and Date Voted:09/14/2010

EXPLANATORY STATEMENT
In a case where there are multiple co-defendants, who are assigned the public defender, there must be a separate attorney for each defendant. It is a conflict of interest for one attorney to represent all the defendants involved.
Date: September 9, 2010 Carol Miller, Court Administrator
TREASURER’S CERTIFICATION
I, Terri Johnson, Treasurer of the Township of Bernards, hereby certify that adequate funds are available for the above referenced purchase in the amount not to exceed $ 300.00. Monies are requested in the 2010Budget: Public Defender O.E. Line account #0-01-43-495-204.
Date: 9/8/10 /
Terri Johnson
Treasurer
PURCHASING CERTIFICATION
I herby certify that I have prepared this resolution and reviewed it for accuracy.
Date: September 7, 2010 /
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 on09/14/2010.

Denise Szabo, Municipal Clerk