221-18 Exhibit to Resolution Authorizing Retension of Land Conservancy.pdf

pon completion of the final report. 12. Cancellation of Agreement: Both the Townsip and The Land Conservancy reserve the right to cancel this Agreement without reason upon thirty (30) calendar days written notice. However, both parties agree that any pending business will be completed to the best of The Land Conservancy’s abilities, and that an orderly transition of the project will be made in cooperation with the Township Clerk. 13. Mandatory Affirmative Action Compliance. During the term of this agreement, the parties agree to comply with the Affirmative Action requirements set forth in N.J.A.C. 17:27, and hereby

incorporate by reference the mandatory Affirmative Action language set forth in Exhibit “A” which is attached and made a part of this Agreement. 14. Arbitration. This Agreement is the entire agreement of the parties on the subject matter, superseding all prior written or oral understandings or agreements, and may be amended only by a writing signed by both parties. All disputes in respect of this Agreement not settled by negotiation within 30 days of written notice thereof by either party to the other shall be submitted by one party or the other to non-binding mediation by a mutually agreed upon mediator and if not settled within 60 days of such notice shall be finally resolved by confidential binding arbitration in Morristown, New Jersey under the rules then in effect of the American Arbitration Association (other than its Administrative Rules) by a panel of three arbitrators, one selected by each party and the third by the two so selected. Any decision by a majority or more of the arbitrators may be entered as a judgment in any court having jurisdiction. The arbitrators shall have no authority to amend this Agreement. One-half of the expenses of the mediator of any mediation and the arbitrators in any arbitration shall be borne by each party. IN WITNESS THEREOF, the parties hereto have executed this agreement on this day of 2018. ATTEST: TOWNSHIP OF WEST ORANGE ___________________________ By__________________________ Borough Clerk Mayor WITNESS: THE LAND CONSERVANCY OF NEW JERSEY ___________________________ By__________________________ David J. Epstein, President

TOWNSHIP OF WEST ORANGE: OPEN SPACE AND RECREATION PLAN UPDATE SCHEDULE A An Open Space and Recreation Plan is a comprehensive document that focuses and guides local open space preservation and land management programs. The Land Conservancy of New Jersey follows the NJDEP Green Acres program requirements for format and content for a municipal Open Space and Recreation Plan (OSRP) to ensure the municipality will qualify for state funding for land acquisition. Green Acres requires that an OSRP must have been re-examined within the past 10 years and adopted as an amendment to the Master Plan. West Orange Township’s OSRP has enabled the Township to access funding through the Green Acres program. Updating the report will incorporate the current open space objectives of the municipality, including conservation and stewardship projects. The Open Space and Recreation Plan Update includes the following sections: 1. Open Space Goals and objectives of the community are evaluated and updated 2. Inventory of the currently protected open space and undeveloped lands 3. History of the Open Space Program including expenditures made and grants received 4. Planning Review of new and updated state, county, and local plans for program information 5. Maps using ArcGIS to determine priority lands for preservation and restoration 6. Preservation Recommendations & Action program for open space protection over a period of five years All maps in the document will be updated to reflect current tax assessment data. Maps are on an ArcGIS 10.6 mapping platform. This software allows the environmental data to be layered and visualized with greater diversity and accuracy. As part of our service, we will facilitate up to two (2) public meetings as required by NJDEP Green Acres for the Plan Update. Staff will attend up to four (4) meetings in the Township, including the public meetings. To meet Green Acres standards the Plan is required to be adopted as a part of the Master Plan. Deliverables The Land Conservancy will start the Plan immediately and a draft will be ready for review within four to six months. All maps, figures and tables in the document will be updated to incorporate the most current data. If the Township requires other information to be included in the Plan, above what is within this proposal, the

figures and tables in the document will be updated to incorporate the most current data. If the Township requires other information to be included in the Plan, above what is within this proposal, the costs may change. The OSRP Update will be finalized based upon comments received.The Land Conservancy will deliver one hard copy of the final report. An electronic copy of the draft and final reports will be sent via an internet link so it may be downloaded directly to the user’s computer. The Land Conservancy of New Jersey will research the feasibility of developing online web-based mapping as a companion to the Township’s Open Space and Recreation Plan Update. If successful, we will share this with the Township for use by the volunteers and professionals as part of the open space program. If approved by the governing body, The Land Conservancy will provide the data to the municipality’s technical service provider to upload this data to the Township’s website.

EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor where applicable, agrees to comply with any

this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,

nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. The Land Conservancy of New Jersey Company Name . Officer Signature

Company Name . Officer Signature David J. Epstein, President. September 14, 2018 . (973) 541-1010 . Date Telephone Number (Rev. 4/2010)