83-13 Addendum to Shared Services Agreements.pdf

83-13 ADDENDUM TO SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY AND THE BOARD OF EDUCATION OF THE TOWNSHIP OF WEST ORANGE IN THE COUNTY OF ESSEX, NEW JERSEY, PROVIDING FOR IMPROVEMENTS TO THE PLAYING SURFACE OF LINCOLN FIELD AT THE WEST ORANGE HIGH SCHOOL ATHLETIC COMPLEX

ADDENDUM TO SHARED SERVICES AGREEMENT This Addendum to one (1) prior Shared Services Agreement (the “Addendum”), is hereby entered between the Township of West Orange, in the County of Essex, New Jersey, a municipal corporation of the State of New Jersey (the “Township”) and the Board of Education of the Township of West Orange in the County of Essex, New Jersey, a school district and political subdivision of the State of New Jersey (the “School District”), dated as of April ____, 2013. WITNESSETH: WHEREAS, in or around January 2013, the Township and School District entered into three (3) shared services agreements for improvements to the athletic facilities at the West Orange High School Athletic Fields and Athletic Complex, including but not limited to Soriano Field and Lincoln Field (collectively, the “Athletic Complex”); and WHEREAS, one (1) of the agreements between the Township and School District provided for improvements to the playing surface of Lincoln Field (the “Shared Services Agreement”) at the Athletic Complex (collectively, the “Project”); and WHEREAS, the cost of the Project was previously estimated to be four-hundred thousand dollars ($400,000.00), which was to be fully financed through the re-appropriation of proceeds of bond obligations not needed for their original purposes, as more fully set forth in Township Bond Ordinance No. 2366-12 (the “Bond Ordinance”); and WHEREAS, the Township approved the execution of the Shared Services Agreement on January 22, 2013, via Resolution No. 13-13, and the School District approved the execution of the Shared Services Agreement on March 11, 2013; and WHEREAS, the total cost of the Project is now estimated to be $416,955.86, which amount includes the cost of securing a performance bond pursuant to the Local Public Contracts Law, but excludes the cost of field markings and logos; and WHEREAS, the School District has agreed to provide twenty thousand dollars ($20,000) toward the cost of the Project, exclusive of the School District’s obligation to pay for field markings to the playing surface of Lincoln Field; NOW, THEREFORE, the parties hereto mutually agree as follows: Section 1. The Township and the School District will continue to act together in accordance with this Agreement to implement the Project for a total estimated cost of $416,955. 86. Section 2. The School District shall provide the amount

ol District will continue to act together in accordance with this Agreement to implement the Project for a total estimated cost of $416,955. 86. Section 2. The School District shall provide the amount of twenty-thousand dollars ($20,000) in support and consideration of the cost of the Project. Promptly upon approval of this Addendum by the School District, the School District shall provide the monies to the Township, to the attention of its Chief Financial Officer. The Township shall then hold the funds in escrow until payment is due. Section 3. Pursuant to the Bond Ordinance, the Township will remain responsible for payment of $400,000 of the balance due for the Project.

Section 4. This Addendum shall not affect, modify, impair or impact any other existing rights, liabilities or obligations of the Township and/or School District, pursuant to prior agreements, or State and federal law. Section 5. This Addendum shall be governed by the laws of the State of New Jersey. IN WITNESS WHEREOF, the Township has caused this Agreement to be executed in its corporate name by its duly authorized representative, and the School District has caused this Agreement to be executed in its name by its duly Authorized Representative, as of the date first above written but on the date set forth below. [SEAL] TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY By: ________________________________ ROBERT D. PARISI, MAYOR Date: April ___, 2013 _____________________________ Attest: BOARD OF EDUCATION OF THE TOWNSHIP OF WEST ORANGE IN THE COUNTY OF ESSEX, NEW JERSEY By: ________________________________ , PRESIDENT Date: April ___, 2013 _____________________________ Attest: