Conference/Public Meeting Agenda/Documents — Packet

REVISED SEPTEMBER 4, 2012 Oskar Schindler Performing Arts Center (OSPAC) Rules and Regulations The following Rules and Regulations shall apply for all uses and any Sublicensee of thePremises known as the Oskar Schindler Performing Arts Center ("OSPAC"). All Rules and Regulations are subject to change with approval of the Township of West Orange. Capitalized terms not defined herein are defined in either the License Agreement or theSublicense Agreement. 1. Staff: Sublicensee shall utilize a prepared, certified or licensed personnel with regard to any electrical systems at the Premises. 2. Supervisory Personnel : Sublicensee will be held responsible for the proper use of OSPAC. It must provide sufficient supervision to monitor the conduct of all the persons attending and shall insure that the activities are confined to the areas and hours requested and agreed upon in the application. Sublicensee must identify a site manager who will be at OSPAC during the entire term of the license. 3. Loss or Damage: In the event that property loss or damage is incurred during such use or occupancy the amount of damages shall be determined by the Township and NJAI and a bill for damages will be presented to the Sublicensee. To avoid conflict as to any loss or damages, a pre inspection will be made and a post performance inspection will also be completed. Both the pre and post inspection must be signed off by an authorized representative of NJAI. 4. Approval of Sublicensee : All applicants requesting use must be approved by NJAI. 5. Cancellations: A written request for cancellation must be received no less than thirty (30) days in advance of the agreed upon starting time. Failure to cancel shall obligate the applicant to pay a custodial service fee and any other expenses incurred. . Cancellation shall be permitted more than thirty (30) days of load in for performance fifty (50%) percent of deposit will be forfeited for cancellation. The full contract amount will be due for any cancellation within the thirty (30) day period before the performance. Rain dates will be declared in the contract. Sublicensee shall be responsible for payment in the event of weather delays or

within the thirty (30) day period before the performance. Rain dates will be declared in the contract. Sublicensee shall be responsible for payment in the event of weather delays or cancellations. Neither Township nor NJAI shall be held responsible for cancellations due to causes beyond its control, such as strikes, lockouts or force majeure. Weather rescheduling shall be subject to NJAI's schedule and availability. No guarantees exist as to rescheduled dates. 6. Safety Coverage: All Sublicensees must provide spectators insurance listing the Township and NJAI as additional insureds. Sublicensee is responsible for arranging and paying for the appropriate safety coverage. Sublicensee must

REVISED SEPTEMBER 4, 2012 present proof of insurance coverage tithe NJAI Executive Director and Township Business Administrator at least three business days in advance of all usage. 7. Safety Regulations: Sublicensee must comply and observe all local, state and federal safety regulations and laws at all times. 8. Drinking, Drugs, Profane language and Smoking : The sale and/or use of alcoholic beverages, drugs, tobacco products, profane language or gambling in any form is strictly forbidden at all times. 9. Custodial/Supervisory Care: Adequate custodial service is mandatory. EachSublicensee using OSPAC must assign sufficient custodial/supervisory personnel for continuous duty during the time agreed upon in the application. The NJAI Executive Director will indicate the number of custodians required dependent upon the size of the event, the day of the week, and the set up required. The Sublicensee will be charged the current custodial rate. The fee to be charged will be based on when the custodian reported for the event and until he or she has finished the necessary cleaning up at the conclusion of the event with a minimum charge of four (4) hours. This paragraph shall not apply to West Orange Township events where custodial services are provided by the Township. Approval of custodial services provided by Sublicensee must be approved by Executive Director prior to such services being utilized showing adequate liability insurance for such service. 10. Fees: All checks shall be made payable to NJAI. A non-refundable deposit of 50% of the total cost for the rental agreement must be paid by the applicant at the time that the agreement is made which can be entered into no later than 30 days prior to the first day of rental period. There shall also be a security deposit in an amount fixed by NJAI. For each rental all or a portion of the deposit will be returned at the conclusion of the contract unless the NJAI Executive Director finds cause to retain it for loss or damage in or to the facility or property. Final payment is due two (2) days before load in. Billing for remaining rental fees, technical cost, custodial cost and other expenses from the rental agreement will be sent upon completion of the event. Payment of these services will be expected within ten (10)

ntal fees, technical cost, custodial cost and other expenses from the rental agreement will be sent upon completion of the event. Payment of these services will be expected within ten (10) days of the billing date. 11.Written Material : All written material including advertisements, brochures, etc. must be approved by NJAI before issuance. All media and promotional materials released on behalf of the Sublicensee organization must refer to OSPAC in the following manner: a) To be performed (or held) at the Oskar Schindler Performing Arts Center 4 Boland Drive West Orange NJ 07052 12.Liability Coverage and Indemnification: In consideration for allowing the rental of OSPAC the Lessee hereby covenants and agrees at all times to indemnify and hold harmless the Township and NJAI, its board, officers and employees, to the

REVISED SEPTEMBER 4, 2012 fullest extent permitted by law, from any claims, damages, losses and expenses, including, but not limited to, reasonable attorneys' fees and legal costs, arising out of the use of these rental Premises and all Licensee facilities, by theSublicensee, its officers, employees, agents, representatives, contractors, customers, guests, and invitees. Insurance: As evidence of its financial ability to indemnify NJAI, during the term of this agreement, the Lessee shall obtain and pay premiums for Commercial General Liability insurance protecting the parties hereto, their agents, officers, elected officials, representatives, or employees because of bodily injury, property damage, personal injury or products liability incurred by the parties in the performance of the terms of this lease, such policy to provide limits not less than $1 million per occurrence. A Certificate of Insurance naming Township and NJAI as an Additional Insured shall be provided upon signing of the Sublicense Agreement. Such insurance contracts shall be with companies acceptable to NJAI. The insurance certificate shall require ten (10) days prior written notice to all parties hereto of any cancellation. Sublicensee shall be responsible to obtain its own liability coverage for theft or other such casualty loss. NJAI and the Township shall not be held responsible for any loss to the personalty of Sublicensee. 606591_1

178-12 October 2, 2012 RESOLUTION AMENDMENT TO AGREEMENT BETWEEN THE TOWNSHIP OF WEST ORANGE AND PAUL GRYGIEL FOR SERVICES RENDERED [Resolution 153-11] WHEREAS, the Township Council of the Township of West Orange retained a consultant to assist the Township to prepare comprehensive Zoning Ordinance Amendments (Chapter 25, of the West Orange Land use Regulations); and WHEREAS, Phillips Preiss Shapiro Grygiel Associates, inc.(“Paul Grygiel), with a place of business at 33-41 Newark Street, Hoboken, NJ, was retained to provide such consulting services; and WHEREAS, such consultant services constitute a professional service; and WHEREAS, Paul Grygiel qualifies to contract with the Township under requirement set forth under the New Jersey Pay-to-Play Statute; and WHEREAS, under the agreement between the Township of West Orange and Paul Grygiel the entity was to receive $20,000 for services rendered; and WHEREAS, during the course of the work performed by Paul Grygiel it was determined that additional services would be necessary and it was deemed appropriate to pay Paul Grygiel an additional amount of $270.00; and WHEREAS the Township’s Chief Financial Officer has certified as to the availability of funds for the amendment of the Agreement. NOW BE IT HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the Mayor is hereby authorized to execute an amendment to the Agreement which reflects an increase of pay for services rendered in the amount not to exceed $270.00.

Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President Adopted: October 2, 2012 I hereby certify funds are available from: Account No. John O. Gross, Chief Financial Officer

179-12 October 2, 2012 RESOLUTION TO HOLD A CLOSED SESSION WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4. et seq.) provides for the exclusion of the public meetings of the governing body during the discussion of certain matters; and WHEREAS, prior to the exclusion of the public from a meeting of the Township Council it is required that the Council adopt a Resolution stating the general nature of the subject to be discussed and stating as precisely as possible the time when the minutes of the discussion conducted in closed session can be disclosed to the public; and WHEREAS, this body is about to consider a matter which falls within the purview of N.J.S.A. 10 -4-12, and can properly exclude the public from such discussions; now, therefore, be it BE IT RESOLVED, that the Township Council of the Township of West Orange, now assembled in public session at its regular meeting of October 2, 2012 shall enter into a closed session to consider the following matter(s). () 1. Discussion of any material, the disclosure of which constitutes an invasion of individual privacy.. () 2. A collective bargaining agreement or the terms of provisions of same. () 3. Techniques or tactic utilized to protect the safety and property of the public provided that their disclosure could impair such protection. () 4. An investigation of violations or possible violations of the laws of the State of New Jersey and/or the Township of West Orange Administrative Code. (X) 5. Pending or anticipated litigation or contract negotiation in which this body is or maybe a party. () 6. A matter falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise his ethical duties to this body. () 7. Personnel matters. () 8. Discussion of any matter which by express provision of Federal law or State statute or rule of Court shall be rendered confidential. () 9. Discussion of any matter in which the release of information would impair a right to

aw or State statute or rule of Court shall be rendered confidential. () 9. Discussion of any matter in which the release of information would impair a right to receive funds from the Government of the United Sates. () 10. Discussion of any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed. () 11. Deliberations occurring after a public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit. More specifically, the Council may discuss in closed session the following topic(s): Litigation Fire Grant Application AFSCME Memorandum of Agreement

(the general subject matters) of discussion shall be indicated by a check mark in the appropriate box and shall be more specifically referred to thereafter to the extent such additional disclosure can be made without compromising the need for confidentiality giving rise to the closed session. IT IS FURTHER RESOLVED, that the minutes of said discussion shall be made public as soon as the matter under discussion is no longer of a confidential or sensitive nature such that the public interest will no longer be served by such confidentiality. The foregoing Resolution was duly adopted by the Township Council of the Township of West Orange at a public meeting held on Motion: Second: Vote Aye: Opposed: Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: October 2, 2012