Conference/Public Meeting Agendas/Documents — Packet

THIS AGREEMENT, made this 17th day of July 2012, by and between: TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, having its principal offices at 66 Main Street, West Orange, New Jersey, hereinafter referred to as "Township"; and POLICE ATHLETIC LEAGUE, a nonprofit corporation of the State of New Jersey having its principal offices at Prospect Place, West Orange, New Jersey, hereinafter referred to as "PAL." W I T N E S S E T H: WHEREAS, the Township desires to provide certain recreational services, social services, activities, and facilities to the residents of the Township of West Orange; and WHEREAS, it is the purpose of this agreement to recite the terms and conditions under which the foregoing shall be provided; and NOW THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter stated, the parties do hereby agree as follows: 1. For the period of January 1, 2012 to December 31, 2012 PAL shall provide and make available to West Orange residents, services and facilities for participation by such residents of West Orange. 2. The referenced facilities and services shall be supervised and operated by personnel provided by PAL, whose personnel shall be solely the employees of the volunteers of PAL who is responsible to pay them, where appropriate, at the sole discretion of PAL. 3. PAL shall provide, at PAL’s expense, Workers Compensation Insurance, covering its employees performing hereunder, and public liability insurance with limits of Five Hundred Thousand ($500,000.00) Dollars to One Million ($1,000,000.00) Dollars for the areas and locations where the recreational facilities are conducted. Said insurance shall name the Township as an insured and shall be with carriers satisfactory to the Township and authorized to do business in

New Jersey. Certificates evidencing the foregoing shall be furnished to the Township upon execution of this Agreement. 4. PAL agrees to indemnify the Township and hold it harmless, including Township's employees, agents and servants, from and against any and all losses, claims, liabilities and expenses which may arise or be claimed against the Township, its agents, servants or employees in connection with any phase of this Agreement. 5. Neither this Agreement nor the monies to grow hereunder may be assigned. 6. PAL acknowledges that it has read N.J.S.A. 10:2-1, et seq., of the Revised Statutes of the State of New Jersey (Discrimination in Employment on Public Works, Contract Provisions), the terms of which are incorporated herein as though expressly set forth at length. PAL agrees to comply with and be bound by the provisions thereof. 7. It is understood that this Agreement shall be deemed effective as of January 1, 2012. 8. Township shall pay to PAL, for the services to be provided hereunder for the full one-year term, the sum of Twelve Thousand ($12, 000.00) Dollars. 9. The manner of payment shall be as determined jointly by the President of PAL and Director of the Department of Recreation of Township. 10. The parties hereto agree that the provisions of the “New Jersey Prevailing Wage Act” shall apply hereto the extent held applicable to a volunteer organization. Accordingly, PAL agrees to comply with the provisions of N.J.S.A. 34:11-56.25 through 34:11-56.33, the provisions of which are hereby incorporated by reference as though stated at length herein. PAL hereby declares that it is aware of the prevailing wage rates on file in the Township Hall of the Township pursuant to said Act and agrees to comply therewith to the extent held applicable to volunteer organizations. PAL further agrees as follows: A. All covered employees of PAL performing services

hereunder shall be paid not less than the prevailing wage rate as specified. B. PAL shall maintain accurate records, showing name, kind of work performed and actual hourly rate of wages paid to each employee employed hereunder. Such records shall be maintained for three (3) years from date of payment and shall be available for inspection by the Township's Business Administrator or his designee on request. C. PAL shall post the prevailing wage rate for each employee performing worker hereunder, as determined by the Commissioner of Labor and Industry of the State of New Jersey, including the effective date of any changes thereof, in a prominent and easily accessible place and the principal Office of PAL. D. If it is found that any employee of PAL is paid less than the required wage rates Township may, on written notice to PAL, terminate PAL's rights to proceed hereunder, or as to such portion of services rendered hereunder as to which there has been a failure to pay the required wages. Township may then arrange to prosecute the rendering of the services hereunder by other means, in which event PAL shall be liable to Township for all costs and damages incurred by Township. E. It is specifically understood that the provisions of this paragraph shall not apply to such persons engaged by PAL to render services hereunder who are performing such services as volunteers without remuneration. F. PAL agrees to be bound by the provisions of Schedule A attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties have caused these presents to be signed by their proper corporate officers and their property corporate seals to be hereto affixed the day and year first above written. ATTEST: TOWNSHIP OF WEST ORANGE ________________________ __________________________ VICTOR CIRILO BY: ROBERT D. PARISI, MAYOR

COUNCIL PRESIDENT ATTEST: POLICE ATHLETIC LEAGUE _________________________ BY:_______________________ KAREN J. CARNEVALE, R.M.C. PRESIDENT Approved as to form: __________________________ RICHARD D. TRENK, ESQ. TOWNSHIP ATTORNEY

"SCHEDULE A" (I) During the performance of this contract the contractor agrees as follows: a. The contractor or subcontractor, where applicable, will not discriminate against any employee of applicant for employment because of age, race, creed, color, national, origin, ancestry, marital status or sex. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status or sex. Such action 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 non-discrimination clause; b. 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, creed, color, national origin, ancestry, marital status or sex; c. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor or subcontractor, where applicable, agrees to

comply with any regulations promulgated by the Treasure pursuant to P.L. 1975,c.127, as amended and supplemented from time to time. (II) The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by section 5.2 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to section 5.2 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time. (III) The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placements bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect or indirect discriminatory practices. (IV) The Contractor or subcontractor agrees to revise any of its testing procedure, if necessary, to assure that all personnel 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. (V) 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, creed, color, national origin, ancestry, marital status or sex, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable federal Law and

applicable federal court decisions.

153-12 July 17, 2012 RESOLUTION WHEREAS, on August 4, 2004, a mortgage was made between the Township of West Orange [under the West Orange Housing Rehabilitation Program] and Angela Jacques (“the Owner”) who owned 28 Central Place in the Township of West Orange known as Block: 2, Lot 55 (“the Property”): and WHEREAS, a mortgage on the Property in the amount of $14,718.00 was recorded by the Essex County Register on October 11, 2004 in Book 10040, Page 56; and WHEREAS, the mortgage in the amount of $14,718.00 was payable whenever this Property was sold or the title transferred; and WHEREAS, the Owner has indicated that they have repaid the entire amount of the Mortgage plus a $2000.00 administrative fee on or about March 17, 2006; and WHEREAS, the Director of Planning and Development has reviewed her files and found that the mortgage filed against the Property in the amount of $14,718.00 and the administrative fee amount of $2,000.00 has been paid in full; NOW, BE IT RESOLVED THAT THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the Mayor be and is hereby authorized to execute a Discharge of Mortgage with regard to the Property; and it is further RESOLVED, that the Municipal Clerk be and is hereby authorized to attest to the Mayor’s signature on the Discharge of Mortgage concerning the Property. Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President Adopted: July 17, 2012

153-12 July 17, 2012 DISCHARGE OF MORTGAGE A certain Mortgage dated August 4, 2004, was made by Angela Jacques, 28 Central Place, West Orange, N.J. to the Township of West Orange. This Mortgage was made to secure payment of $14, 718.00. It was recorded or registered in the office of the county recording officer of Essex County, State of New Jersey, on October 11, 2004, in Mortgage Book 10040, Page 56. 1. This Mortgage has been PAID IN FULL or otherwise SATISFIED and DISCHARGED. It may now be discharged of record. This means that this Mortgage is now canceled and void. 2. I sign and Certify to this Discharge of Mortgage on Witnessed or Attested by: Mayor Robert D. Parisi _____________________________ STATE OF NEW JERSEY, COUNTY OF ESSEX CERTIFY THAT ON SS personally came before me and stated to my satisfaction that this person (or if more than one, each person): (a) Was title maker of the attached instrument; (b) Executed this instrument as his or her own act __________________________ STATE OF NEW JERSEY, COUNTY OF ESSEX CERTIFY THAT ON SS Personally came before me and stated to my satisfaction that this person (or if more than one, each person): (a) was maker of the attached instrument (b) was authorized to and did execute this instrument as of the entity name in this instrument, and; (c) execute this instrument as the act of the entity named in this instrument. Record and Return to: ____________________________

AGREEMENT THIS AGREEMENT, entered into this day of between the Township of West Orange, a Municipal Corporation, in the County of Essex, and the State of New Jersey (hereinafter referred to as "The Township"), having its principal offices at 66 Main Street, West Orange, New Jersey; and GARDEN STATE LABORATORIES, INC., (hereinafter referred to as "The Contractor"), having its principal offices at 410 Hillside Avenue, Hillside, New Jersey. WITNESSETH 1. The contractor hereby covenants and agrees to furnish and deliver to the Township, goods, merchandise, supplies, and/or services (hereinafter jointly and severally referred to as supplies), as follows: a. Milk and milk products, including all cheese, cheese products, ice cream, etc., for butterfat’s, acidity, yeast and mold count, total plate count, coli count, phosphates, direct microscopic, antibiotic sensitivity, as may be required. Fresh ground meats for fat, agar plate count, staphylococci coagulase count, and coliform count, and sulfite adulteration. Frozen foods for agar plate count, staphylococci coagulase count and coliform count. Hazardous foods (salads) for agar plate count, staphylococci coagulase positive count, and coliform count, and yeast and mold, and direct microscopic. Cream and/or custard filled baked goods for agar plate count, staphylococci count, and coliform count. Food involved in a suspected food poisoning for agar plate count, staphylococci coagulase count, coliform count, E. Coli, Salmonella and Shigella. Potable water tests (Total Plate Count and Coliform analyses -M.P.N. method) Fecal coliform, if required. Special chemical tests - i.e, lead in paint chips and water pollution tests.