Conference/Public Meeting Agendas/Documents — Packet

TOWNSHIP OF WEST ORANGE ATTEST: By: KAREN J. CARNEVALE, R.M.C ROBERT D. PARISI, MAYOR THE STEPHEN SCHWARTZ LAW FIRM, LLC WITNESS: By: STEPHEN SCHWARTZ, ESQ. For the Firm 60 3

170-12 September 12, 2012 RESOLUTION WHEREAS, the Township has and is subject to various commercial real estate tax appeals; and WHEREAS, Blau & Blau has provided various tax appeal services; and WHEREAS, in a fair and open process the Township collected resumes concerning commercial real estate tax appeal services; and WHEREAS, the Township Attorney recommends the retention of Blau & Blau on a flat fee basis; and WHEREAS, the Township Attorney has consulted with the Chief Financial Officer and determined that the Township’s tax appeal services for commercial real estate have greatly exceeded the amount proposed by the within contract; NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute the annexed agreement with Blau & Blau for commercial real estate tax appeal services on a flat fee basis of $5,000 per month for one (1) year totaling $60,000; 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. Victor Cirilo Karen J. Carnevale Council President Municipal Clerk Adopted: September 11, 2012 I hereby certify funds available: 01-2010-00-1702-061- $15,000.00 John O. Gross, Chief Financial Officer

170-12 September 11, 2012 AGREEMENT FOR COMMERCIAL REAL ESTATE TAX APPEALS THIS AGREEMENT made and entered into on this ____ day of _________________, 2012 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”, party of the first part, and BLAU & BLAU, Attorneys at Law of the State of New Jersey, located at 223 Mountain Avenue, Springfield, New Jersey 07081, hereinafter referred to as “COUNSEL”, party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the Township has determined that it is in the best interests of the Township to retain the services of Special Counsel to represent the Township in connection with commercial real estate tax appeals on a flat fee basis; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Township hereby retains the services of Blau & Blau, as Special Counsel to assist the Township in connection with commercial real estate tax appeals for the period September 1, 2012 through August 31, 2013 at a flat rate of $5,000 per month. 2. COUNSEL will not seek reimbursement for its routine costs and expenses such as postage, copying, mileage, meals, parking, or delivery of documents. 3. COUNSEL may seek reimbursement for extraordinary expenses such as the cost of deposing adverse witnesses, transcripts or hiring experts. Counsel will not incur any such expenses without the approval of the Township Attorney. 4. COUNSEL’S responsibilities shall include all pre-trial preparation, discovery and trial, to the extent necessary, for all commercial real estate tax appeals pending or commenced in the Tax Court of New Jersey against the Township. Counsel’s responsibilities do not include preparation or appearance for matters pending or commenced at the County Board of Taxation.

5. COUNSEL shall coordinate all efforts with the Tax Assessor and keep the Tax Assessor and Township Attorney fully apprised concerning all matters. 6. Prosecution of Appeals For the Township (Affirmative Appeals). COUNSEL shall have the right to file tax appeals for the Township on a contingent fee basis of one third of the money we obtain for the Township of West Orange from cases filed during the terms of the contract. COUNSEL will be responsible for all costs associated with filing the affirmative appeals including but not limited to: A) Filing fees; B) Appraisal fees: C) Copying, postage, delivery services, preparation of trial exhibits. COUNSEL will submit a list of recommended appeals to the Township Attorney for review and that the Township attorney would have the opportunity to "veto" any recommended appeals athis discretion. It is contemplated that COUNSEL will only recommend appeals on commercial properties and will not be obligated to file an appeal unless it believes the property is substantially under assessed. It is contemplated that COUNSEL will recommend settlement of the Affirmative Appeals from time to time as COUNSEL may deem appropriate. In the event that the Township refuses to accept COUNSEL’s recommendation to settle a matter, the Township shall be responsible for payment of the contingent fee based upon the recommendation and reimbursement of COUNSEL’s actual out of pocket expenses related to that Affirmative Appeal. 7. COUNSEL recognizes that any and all approval for engagement of services must come from the Governing Body of the Township, and that no services, work or any efforts relative to the contract shall be commenced until the Governing Body passes a duly authorized Resolution accompanied by a Certificate of Funds. 8. COUNSEL is hereby placed on notice that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the Township possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) 2

authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the Township, irrespective of whether such services were actually performed. 9. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 10. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHIP OF WEST ORANGE ATTEST: By: KAREN J. CARNEVALE, R.M.C ROBERT D. PARISI, MAYOR BLAU & BLAU WITNESS: By: CHARLES E. BLAU, ESQ. For the Firm 3

171-12 September 11, 2012 RESOLUTION WHEREAS, the Township of West Orange desires to award a contract for providing recreational, social and educational services to the Senior Citizens of the Township of West Orange, for the period commencing January 1, 2012 and ending December 31, 2012; and WHEREAS, the following organizations are willing to provide said services; 1. Pleasantdale Senior Citizens 2. JCC Council of Senior Citizens 3. The John Renna House 4. Eagle Rock Senior Citizens H.A./Tenant Services 5. Woodland Valley Senior Social Gathering 6. Women's Club 7. Knitting Club 8. Prime Timers; and WHEREAS, the aggregate of public funds to be expended for the provision of such services is $250 per organization and $2,000.00 total, and therefore, no public advertisements for bids is required; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the Mayor and Township Clerk be and hereby are respectively authorized to execute and attest to a contract, in the form annexed hereto, with the Pleasantdale Senior Citizens, JCC Council Senior Citizens, The John P. Renna House, Eagle Rock Senior Citizens, Woodland Valley Senior Social Gathering, Women's Club, Prime Timers and The Knitting Club for the provisions of recreational, educational, informational and social services to the Senior Citizens of the Township of West Orange. Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: September 11, 2012 I hereby certify funds available: 01-2010-00-9002-203 John O. Gross, Chief Financial Officer

171-12 THIS AGREEMENT, entered into this 11th day of September, 2012 by and between the Township of West Orange, a Municipal corporation of the State of New Jersey, having its principal offices at 66 Main Street, West Orange, NJ 07052, hereinafter referred to as TOWNSHIP and the Women’s Club hereinafter referred to as CONTRACTOR: WITNESSETH WHEREAS, the Township is desirous of providing recreational, social, informational and educational services to the Senior Citizens of the Township and the Women’s Club; and WHEREAS, Contractor is desirous of furnishing such services; NOW, THEREFORE, in consideration of the foregoing and mutual covenants hereinafter stated and as stated in Schedule A attached hereto, the parties hereto do hereby agree as follows: 1. For the period January 1, 2012 to December 31, 2012 the Contractor hereby agrees to organize, and make available to the Township of West Orange, a minimum of six gatherings designed to service the educational, recreational, informational and/or social needs of the Senior Citizens of the Township of West Orange. 2. The Township agrees to pay to the Contractor the total sum of Two Hundred and Fifty Dollars ($250.00) for the above mentioned services. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their proper representatives and have affixed their seals hereto on the day and year first above written. Attest: Township of West Orange Karen J. Carnevale Robert D. Parisi Municipal Clerk Mayor By: President Print Name: 171-12

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 Treasurer 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

inority 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, and 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 discriminatory practices. (IV) The Contractor or subcontractor agrees to revise any of its testing procedures, 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.