Packet · Apr 8, 2025
Township Council Meeting — Packet
c984b146cc43ab17fb0ec78e8acf735f53f8e64ae67128a1e7fa7d20ac6381fdIndexed text
111-25 April 8, 2025 RESOLUTION WHEREAS, Blau and Blau has provided professional services to the Township of West Orange in connection with commercial real estate tax appeals since September 2012; and WHEREAS, Blau and Blau provided responses to the Township’s Request for Qualifications pursuant to a fair and open process for the year 2025; and WHEREAS, Blau & Blau has agreed to provide professional services for the calendar year 2025, pursuant to the terms and conditions set forth in the agreement annexed hereto as Exhibit “A;” and WHEREAS, the Law Department recommends retention of Blau & Blau as special counsel to the Township for the purpose of representing the Township in commercial real estate tax appeals; and WHEREAS, pursuant to pursuant to N.J.S.A. 40A:11-5(1)(a)(i), the proposed professional services contract is subject to an exception to the standard bidding procedures set forth in the Local Public Contracts Law; 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 an agreement, in the form annexed hereto, to retain Blau and Blau for the provision of commercial real estate tax appeal in accordance with Exhibit “A” and the Municipal Clerk shall be and hereby is authorized to attest to the Mayor’s signature; and it is further RESOLVED that notice of this award shall be available in the Clerk’s office in accordance with applicable law.
Karen J. Carnevale, R.M.C. Municipal Clerk Joe Krakoviak Council President Adopted: April 8, 2025 I hereby certify funds are available from Account No.: John Ditinyak, Chief Financial Officer 4843-6064-6118, v. 1
111-25 AGREEMENT FOR COMMERCIAL REAL ESTATE TAX APPEALS THIS AGREEMENT made and entered into on this 8th day of April, 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,” 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 January 1, 2025 through December 31, 2025 at a flat rate of $6,000 per month for the first forty (40) cases filed in 2025 and each additional case at a rate of $1,500 per case. There will be an hourly rate of $150 per hour for trials, including pre-trial preparation and post-trial work. 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 (Reverse Appeals). COUNSEL shall have the right to file tax appeals for the Township on a contingent fee basis of one-third of the money obtained for the Township from cases filed during the term 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, etc. It is contemplated that COUNSEL will recommend appeals on 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 2 4812-2524-8993, v. 1
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 the Billing Guidelines of the Township shall apply to this agreement for professional services. COUNSEL is further noticed 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) 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. During the term of this agreement, COUNSEL shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. COUNSEL shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, COUNSEL shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 10. 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. 3 4812-2524-8993, v. 1
11. 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 SUSAN McCARTNEY, MAYOR BLAU & BLAU WITNESS: By: CHARLES E. BLAU, ESQ. For the Firm 4 4812-2524-8993, v. 1
112-25 April 8, 2025 Resolution Authorizing Disposal of Surplus Property WHEREAS, the Township of West Orange is the owner of certain surplus property which is no longer needed for public use; and WHEREAS, the Township is desirous of selling said surplus property in an “As is” condition without express or implied warranties. NOW THEREFORE, BE IT RESOLVED by the West Orange Council of the Township of West Orange: (1) The sale of the surplus property shall be conducted through Municibid pursuant to State Contract 19-GNSV1-00696 in accordance with the terms and conditions of the State Contract. The terms and conditions of the agreement entered into with Municibid is available online at www.municibids.com and available on the Township Website. (2) The sale will be conducted online and the address of the auction site is www.municibid.com at a date and time to be determined. (3) There is no listing fee charged to the Township. (4) The sale will be conducted pursuant to N.J.S.A 40A:11-36 and Local Finance Notice 201915. (5) A list of the surplus property is attached as “Exhibit A” hereto. (6) The surplus property as identified shall be sold in an “as-is” condition without express or implied warranties with the successful bidder required to execute a Hold Harmless and Indemnification Agreement concerning use of said surplus property. (7) The Township reserves the right to accept or reject any bid submitted. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: April 8, 2025 Joe Krakoviak Council President
112-25 Exhibit “A” Empty Filing Cabinet Inventory Drawer Number 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 Manufacturer HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON HON Type Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Letter Legal Legal Legal Legal Legal Letter Dimensions 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 15 x 26.5 x 29 Location 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle Color Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Beige Dk Gray Dk Gray Dk Gray Dk Gray Dk Gray Dk Gray Brown
2 2 2 2 2 2 2 2 2 3 4 4 4 4 4 2 8 4 2 4 4 4 4 5 4 4 4 4 4 4 4 4 4 4 2 3 HON HON HON HON HON HON HON HON HON HON None None None None None None Tennsco None None HON HON HON HON HON HON HON HON HON HON HON HON HON HON Globe Wernicke HON HON Letter Letter Letter Letter Letter Letter Letter Letter Letter Legal Letter Letter Letter Legal Legal Lateral Catalog Legal Lateral Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Letter Legal 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 15 x 26.5 x 29 18.25 x 26.5 x 40 15 x 26.5x 52.25 15 x 26.5x 52.25 15 x 26.5x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 18 x 36 x 29.5 15 x 28 x 52.5 18 x 28 x 53 18 x 42 x 27.75 18 x 25 x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 18 x 25 x 52.25 18.25 x 26.5 x 60 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 52.25 18 x 26.5 x 29 18.25 x 26.5 x 40 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle 10 Rooney Circle Basement TH Basement TH Basement TH Basement TH Basement TH Basement TH Basement TH Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Building Dept Dk Gray
113-25 April 8, 2025 RESOLUTION WHEREAS, the Township of West Orange (the “Township”) seeking services of a cancer screening for the West Orange Fire Department to provide consulting and screening services for the Township of West Orange Fire Department (“Cancer Screening”); and WHEREAS, on November 13, 2024, the Township advertised a Request for Qualifications (the “RFQ”) for the award of an Agreement for Cancer Screening for the West Orange Fire Department (the “Contract”); and WHEREAS, National Diagnostic Service (“NDS”) submitted a Proposal seeking award of the Contract for Cancer Screening for the West Orange Fire Department in response to the RFQ; and WHEREAS, NDS included in their Proposal for Professional Services a proposed fee schedule as follows: Non-State Health Benefits Participants Physical Exam, Skin and Oral Cancer Screening: $275.00 Comprehensive Blood Panel (CBC, CMP, Lipids): $125.00 PSA and TSH Blood Analysis: $75.00 Urine Bladder Cancer Screen: $15.00 Fecal Occult Colon Cancer Screen: $25.00 CT Low Dose Lung Cancer Screen: $250.00 Ultrasound Cancer Screening: $400.00 a. Thyroid, Liver, Kidney, Testicular/Pelvic 2nd Provider Result Review; TeleHealth: $80.00 a. Blood analysis and Radiology review WHEREAS, pursuant to N.J.S.A. 52:14-17.29ii(a) the Township shall be reimbursed for such costs from the State; and WHEREAS, the Contract will be for the calendar year 2025. NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Township authorizes the award and execution of the Contract with
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- Sep 29, 2026
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