242-25 Exhibit B - Agreement to Retain Semeraro Fahrney for Appointment as Township Attorney - 2025 - FINAL.pdf

Execution Copy AGREEMENT FOR SERVICES OF THE TOWNSHIP ATTORNEY THIS AGREEMENT made and entered into effective the 28" day of October, 2025, by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP,” and Semeraro & Fahrney, LLC with a principal place of business at 155 Route 46, Suite 108, Wayne, New Jersey 07470, hereinafter referred to as “COUNSEL”, and for a term concurrent with that of the Mayor appointing it immediately upon passage of an authorizing resolution and execution of this agreement. WITNESSETH THAT: WHEREAS, the Township of West Orange is a Faulkner Act Mayor-Council Form of government with a Law Department established by Ordinance, the Director of which is the Township Attorney; and WHEREAS, the Mayor intends to appoint Mark J. Semeraro, Esq an Attorney at Law of the State of New Jersey (“Semeraro”) and his law firm (Semeraro & Fahrney, LLC),to the position of Township Attorney subject to advice and consent of the Township Council; and WHEREAS, N.J.S.A. 40:69A-43, a section of the Faulkner Act, provides that “cach department head shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of his successor”, which takes precedence over N.J.S.A. 40A:9- 139, requiring that the appointment of municipal attorneys be limited to a term of one year, and WHEREAS, Section 2-9.1 of the Township’s Revised General Ordinances provides that the Township Attomey “shall serve during the term of office of the Mayor appointing him”; and. WHEREAS, the TOWNSHIP COUNCIL Resolution approving this Agreement provides for payment of the Township Attorney not to exceed $150,000.00 for the balance of 2025 at the