Public Township Council Meeting — Packet

104-12 May 29, 2012 Resolution Amending Resolution 37-12 adding additional Deferred Compensation WHEREAS, the Township of West Orange “Employer” desires to attract and retain qualified employees; and WHEREAS, the implementation of a Deferred Compensation Plan will serve to interests of the Employer by enabling it to provide enhanced retirement security to its eligible employees; and WHEREAS, the accrual of tax benefits to eligible employees through participation in a Deferred Compensation Plan as established pursuant to Section 457 of the Federal Internal Revenue Code will serve the above objectives; and WHEREAS, there will no cost to the Employer to adopt and implement a Deferred Compensation Plan. WHEREAS, Resolution 37-12 was adoptd on March 20, 2012 selecting four additional providers; and WHEREAS, the Director of the Division of Local Government Services in the State Department of Community Affairs requires additional information be included In the resolution, specifically the plan identifiers and service agreement identifiers. NOW, THEREFORE BE IT RESOLVED that Resolution 37-12 is amended to state that the Employer hereby adopts a Deferred Compensation Plan provided by the following companies: Lincoln Financial Advisors, AXA Equitable Life Ins. Company, and MetLife; and BE IT FURTHER RESOLVED, that the Employer is adopting a Deferred Compensation Plan substantially similar to one on which a favorable Private Letter Ruling has been previously obtained from the federal Internal Revenue Service except for provisions added by reason of the Small Business Job Protection Act of 1966 (united States Public Law No. 104-188), the Taxpayer Relief Act of 2001 (United States Public Law No. 105-34), and the Economic Growth and Tax Relief Reconciliation Act of 2001 (United States Public Law No. 107-16) as well as good faith provisions added by reason of the Pension Protection Act of 2006 (United States Public Law No. 109-280), Heroes Earnings Assistance Act of 2008 (United States Public Law No. 110-245), Worker, Retiree, and Employer Recovery Act of 2008 (United States Public Law No. 110-458) and associated guidance, and all such provisions are stated in the plan in terms

ates Public Law No. 110-245), Worker, Retiree, and Employer Recovery Act of 2008 (United States Public Law No. 110-458) and associated guidance, and all such provisions are stated in the plan in terms substantially similar to the text of those provisions in the Internal Revenue Code Section 457. The use of such Ruling is for guidance only and acknowledges that for Federal Internal Revenue Service purposes, the Ruling of another employer is not to be considered precedent; and BE IT FURTHER RESOLVED, that the Chief Financial Officer is hereby designated as the Local Plan Administrator for the administration of the Plan; and BE IT FURTHER RESOLVED, the Local Plan Administrator reviewed information obtained through a Request for Proposal process and submits the following Deferred Compensation providers as successful vendors: Firm Name Plan Identifier Service Agreement Identifier Lincoln Financial Advisors 82-PD-LINCOLN-050812 12-SA-LINCOLN-072595 AXA Equitable Life Ins. 66-PD-Equitable-053107 79-SAEquitable-051811 MetLife 62-PD-MetLife-032106 62-SA-MetLife-32106 BE IT FURTHER RESOLVED, that there has been no collusion, or evidence or appearance of collusion, between any local official and a representative of the contractor in the selection of a contractor for the administration of a Service Agreement pursuant to N.J.A.C. 5:37-5.7. BE IT FURTHER RESOLVED, that the Chief Financial Officer is hereby authorized to execute a Service agreement with all companies mentioned above and to submit all necessary documents to the Director of the Division of Local Government Services in the State Department of Community Affairs for approval.

Karen J. Carnevale, Municipal Clerk Patricia Spango, Council President Adopted: May 29, 2012

TOWNSHIP OF WEST ORANGE, NEW JERSEY AMENDED CONTRACT FOR REHABILITATION PROGRAM AND AFFORDABILITY ASSISTANCE PROGRAM ADMINISTRATIVE SERVICES THIS AGREEMENT, entered into this day of, by and between the Township of West Orange, a municipal corporation of the State of New Jersey, having its principal office at 66 Main Street, West Orange, New Jersey 07052 (hereinafter referred to as the Township), and Steven J. Weinberg (T/A Community Action Services), having his principal office at P.O. Box 6025, East Brunswick, New Jersey 08816 (hereinafter referred to as the Consultant); WHEREAS, the Township desires to secure consultant services relative to its implementation of a rehabilitation program and to implement its Affordabiity Assistance requirement in the form of emergency repairs in compliance with the regulations promulgated under the New Jersey Fair Housing Act; and, WHREAS, the Township desires to secure consultant services relative to its implementation of an Emergency Repair program in compliance with the Affordability Assistance requirement promulgated under the New Jersey Fair Housing Act; and WHEREAS, the Consultant's principal members have heretofore satisfactorily provided professional services to municipalities in these and related matters; and WHEREAS, the Consultant is qualified to provide such administrative services under the direction and supervision of the West Orange Township Planner; WITNESSETH THAT: the Township agrees to engage the Consultant and the Consultant agrees to perform the services hereinafter set forth subject to the terms and conditions of this Agreement and described as follows: I. INTENT OF THIS CONTRACT The intent of this contract is for the Township to retain the services of the Consultant to assist the Township in the implementation of a rehabilitation program and Affordability Assistance requirement in the form of emergency repairs pursuant to the regulatory requirements promulgated under the New Jersey Fair Housing Act. The Consultant is to assist the Township

ce requirement in the form of emergency repairs pursuant to the regulatory requirements promulgated under the New Jersey Fair Housing Act. The Consultant is to assist the Township in the effectuation of the administrative procedures associated with the implementation of a housing rehabilitation program and the Affordability Assistance requirement in the form of emergency repairs as specified below.

Consultant Contract II. SCOPE OF SERVICES – HOUSING REHABILITATION PROGRAM The Consultant shall provide comprehensive services to implement a housing rehabilitation program in the Township of West Orange. These services shall include the provision of rehabilitation program services for review of the design of program policy and procedures, program marketing, applicant selection, work write-ups and cost estimates, contracting, construction inspection, case close-out and reporting of program performance and all other related and appropriate services. All services must be performed in strict conformance with the West Orange Housing and Rehabilitation Program Policy and Procedure Manual. This manual may be amended from time to time as the Township deems appropriate. The Consultant shall provide services for administration of the Township's rehabilitation program as follows: A. APPLICANT SELECTION The Consultant shall provide the following services with respect to applicant selection: 1. Prepare and distribute informational materials approved by the Township for promoting the housing rehabilitation program; 2. Receive, review and log pre-applications; 3. Schedule interviews with potential applicants; 4. Interview applicants and explain the provisions of the available rehabilitation assistance; 5. Obtain and prepare applicant documents, including verification of income, employment, ownership, tax records and related information; and 6. Prepare case materials and documents for applicant approval by the Township. B. WORK WRITE-UPS AND COST ESTIMATES The Consultant shall inspect properties and prepare work write-ups and cost estimates for housing units to be assisted. These services shall include: 1. Inspection of the premises of pre-qualified homeowners to determine rehabilitation work to be accomplished in accordance with State

1. Inspection of the premises of pre-qualified homeowners to determine rehabilitation work to be accomplished in accordance with State regulations and Township of West Orange Housing Rehabilitation Program Policy and Procedure Manual; 2. Preparation of work write-ups, construction specifications and cost estimates for the rehabilitation work to be completed at each property; West Orange Housing Rehabilitation Program P. 2

Consultant Contract 3. Review of the proposed rehabilitation items with the applicant prior to commencement of contracting for rehabilitation activities; and 4. The reprocessing, as required, of the work write-up and cost estimates after having reviewed and revised the work write-ups with the applicant. C. CONTRACTING SERVICES The Consultant shall provide for contracting assistance, including the following services: 1. Solicitation of contractor participants, review of contractor qualifications and maintenance of program contractor files; 2. Solicitation of bids/estimates for construction work specified in the write- up, from qualified contractors; 3. Assisting the applicant in the construction contract bidding/estimating procedure and selection of a qualified rehabilitation contractor; 4. Assisting the applicant in the contracting procedures, in accordance with Township policy; 5. Preparation of documents for rehabilitation contract and loan closing as applicable, including mortgage, promissory note, recession notice, etc.; and 6. Filing of mortgages with Essex County Register. D. CONSTRUCTION INSPECTION SERVICE AND CASE CLOSEOUT The Consultant shall provide for construction inspection services and establish a final case record which will include the following services: 1. Periodic construction inspection and an approval system for payment to contractors for work completed; 2. Final inspection of work completed and securing of the contractor's and manufacturer's guarantees; 3. Maintenance of program fiscal and accounting records and preparation of periodic progress and financial reports; 4. Preparation of case record documents for the Township and, as necessary, the Council on Affordable Housing; 5. Preparation of required reporting documents for submission to the Township and the Council on Affordable Housing in compliance with

ncil on Affordable Housing; 5. Preparation of required reporting documents for submission to the Township and the Council on Affordable Housing in compliance with State regulations; and, 6. Full cooperation and preparation of any documents or reports necessary West Orange Housing Rehabilitation Program P. 3

Consultant Contract for any audit analysis performed by any government entity. E. NUMBER OF UNITS The total number of units of housing rehabilitation authorized to be completed by the Consultant under the terms of this contract is approximately 30 units per year. The Director of the Township Department of Planning and Development will notify the Consultant if this authorized annual completion number is to be increased or decreased. II. SCOPE OF SERVICES – EMERGENCY REPAIRS PROGRAM The Township intends to provide emergency repair services under the terms of the Affordability Services regulations promulgated under the New Jersey Fair Housing Act. The consultant agrees to provide administrative services to coordinate the program and to provide such staff assistance as may be needed to compliment the services to be provided by the affordable housing owners, the affordable housing managers, the Township and others in delivering the aforesaid Emergency Repair Program services. These Coordination services may include but are not limited to: 1. Assistance in detailed program planning. 2. Negotiating with the owners of eligible units the terms and amounts of assistance to be provided to their project under the Emergency Repairs Program. 3. Preparing all of the forms and documents need to implement the Emergency Repairs Program. 4. Overseeing the inspection of each of the units or an entire complex to be assisted under the Emergency Repairs Program and completing the write-up for the repairs of each unit or an entire complex to be completed under the Emergency Repairs Program. 5. Obtaining owner sign-off on the final write-up for the repairs of each project to be completed under the Emergency Repairs Program. 6. Obtaining quotes from general contractors for the repairs of each project to be completed under the Emergency Repairs Program. 7. Preparing the closing documents for the financing of each project to be provided under the Emergency Repairs Program 8. Overseeing the completion of the Emergency Repair work for all of the units