Conference/Public Meeting Agendas/Documents — Packet

services, their billing rates (as specified in paragraph 7) and the number of hours they worked on the assignment. An invoice shall be considered PAST DUE if the invoice is not paid within forty-five (45) days from the date of the invoice.

Suspension of Services by PPG. If the Client fails to make payments when due or otherwise is in breach of this Agreement, PPG may suspend performance five (5) days from the date of providing notice to the Client. PPG shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension. Following suspension of services for failure to make payment, work on the project shall only be resumed when all invoices have been brought fully to date, including all charges for late payment (including interest), has been replaced. Client's Request for Cessation of Work. The Client may, at any time, request in writing that work on the project be terminated. At such time the Client will be billed for all work performed by PPG up to the time such notification is received at the offices of PPG. Hourly Billing Rates for PPG Staff The following shall be the hourly billing rates for PPG staff: Staff person/Title Hourly Rate Paul Phillips, Principal $150 Richard Preiss, Principal $150 Paul Grygiel, Principal $140 Keenan Hughes, Principal $125 Elizabeth Leheny, Principal $125 Senior Associates $125 Senior Urban Designer $125 Associates $115 Planners $90 Graphic Designers $85 Computer Specialists $40 Fee Duration. This agreement shall be open for acceptance for sixty (60) days from the above date. If the Agreement is signed after that date, PPG may adjust the proposed fees, including the hourly billing rates, as specified in paragraph 7 prior to commencement of services. The hourly billing rates set forth in paragraph 7 shall remain in effect for a period of twelve (12) months from the above date. This agreement shall be for a twelve (12) month period beginning July 1, 2012 and ending June 30, 2013.

10. 11. 12. Where Lump Sum or Not-to-Exceed Contracts are signed, and the services provided by PPG extend three (3) months beyond the termination date agreed to by PPG and the Client, the quoted prices shall be subject to an increase in accordance with the Consumer Price's New Jersey Metropolitan Area Cost of Living Index, using the date of the Agreement as a base. In the event that a Lump Sum or Not-to- Exceed Contract item is partially completed at such time, the lump sum or not-to-exceed price is to be adjusted, and the balance of the lump sum fee still to be billed as of the termination date agreed to, shall be increased based upon the Cost of Living Index as indicated above. Indemnification. PPG agrees, subject to the provisions herein, to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused solely by PPG's negligent acts, errors or omissions in the performance of professional services under this Agreement. PPG is not obligated to indemnify the Client for the Client's own negligence or intentional acts. Governing Law—Forum Selection. The laws of the State of New Jersey, County of Essex will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the Courts of New Jersey, County of Essex. Entire Agreement—Amendments. This Agreement comprises the final and complete Agreement between the Client and PPG. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this Agreement. Execution of this Agreement signifies that each party has read the document thoroughly, has had the opportunity to have questions explained by independent counsel, and is satisfied with the terms and conditions contained herein and has authority to enter into this Agreement. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Client and PPG. Headings. Headings are set forth for the convenience of the parties only, and are not part of this Agreement. A.

This Agreement is duly signed and executed this day of 2012, by: For PPG: For the Client: Name Name Title Title 5-

155-12 July 17, 2012 RESOLUTION WHEREAS, the Township Ordinances require a Planning Director with regard to various land use and related issues; and WHEREAS, the current Planning Director is on medical leave; and WHEREAS, the Township establishes escrows for certain commercial and other development projects which monies are dedicated to pay various expenses including the Planning Director; and WHEREAS, the firm of Phillips, Preiss, Grygiel, LLC, of Hoboken, NJ (the “Phillips Firm”) has provided certain services with regard to the review of the Township’s Land Use Ordinances; and WHEREAS, the Phillips Firm responded to the RFQ process during 2012 and has provided certain hourly rates which are competitive with and/or better in many respects to other RFP submissions; and WHEREAS, there is an emergent need to enter into a Professional Services Contract with the Phillips Firm; and WHEREAS, Paul Grygiel, AICP, PP will take the lead with regard to the Planning Director requirements; and NOW, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the annexed Professional Services Contract shall be entered into with the following amendments; 1. All non-escrow reimbursable fees for services rendered shall be fixed and capped at $1,500.00 per month from July 9, 2012 through December 31, 2012;

2. Paul Grygiel, AICP, PP shall make himself available as needed on a flat fee basis as set forth herein; 3. The Professional Services Contract may be terminated by the Township of West Orange through its Business Administrator or the Phillips Firm on ten (10) days written notice to the other party. NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange and that the Mayor be and is hereby authorized to execute the attached Professional Services Contract with of Phillips, Preiss, Grygiel, LLC. Subject to the conditions of This Resolution; and it is further RESOLVED that notice of this award shall be published and available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President Adopted: July 17, 2012

156-12 July 17, 2012 RESOLUTION WHEREAS, certain West Orange property owner has made a duplicate payment for the sewer tax for 2012. WHEREAS, the Tax Collector of the Township of West Orange has indicated that such Taxpayer is entitled to a refund to the extent of such overpay- payment; NOW, THERFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the Tax Collector and Treasurer of West Orange be and they are hereby authorized, empowered, and directed to cause to be paid to the taxpayer on the attached list the sum indicated in full and final satisfaction of overpayment of the 2012 sewer. Shirley Smith $185.00 7 Ashwood Terrace 3.74 West Orange, NJ 07052 $188.74 Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President Adopted: July 17, 2012

157-12 July 17, 2012 RESOLUTION TO UPGRADE RADIO COMMICATION EQUIPMENT AS MANDATED BY THE FCC WHEREAS, the Township received notification from the FCC (Federal Communications Commission) that our two-way radio equipment must operate in compliance with the Narrowbanding Mandate which goes into effect January 1, 2013. Failure to meet the requirements set forth by the FCC would not only lose vital communications with the County, State and Federal agencies, but could be subject to penalties in excess of $10,000.00, and WHEREAS, the Township’s current equipment and licenses operate on a 25 kHz frequency, while the FCC mandate requires the radios to operate using 12.5 kHz efficiency channels, and WHEREAS, pursuant to the L.P.C.L. 40A:11-5 (dd) our current radio communications maintenance company is Eastern Communications, Ltd., who has provided a competitive quote for all the necessary equipment and licenses for this conversion to take place in a timely manner. NOW, THEREFORE BE IT RESOLVED by the Township of West Orange Council that the award to upgrade the Radio Equipment go to Eastern Communications Ltd. 48-14 36TH Street, Long Island City, NY 11101in the amount of $30,960.00. BE IT FURTHER RESOLVED, that the Purchasing Agent is hereby authorized to arrange to pay for the foregoing in accordance with the terms of the Purchase Order on behalf of the Township of West Orange, with funds approved by the Chief Financial Officer. Karen J. Carnevale, Township Clerk Victor Cirilo, Council President Adopted: July 17, 2012 I hereby certify funds available from Account # 03-2219-22-4090-003 _______________________________ John O. Gross, Chief Financial Officer