Public Township Council Meeting — Packet

ocuments 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 in each project financed under the Emergency Repairs Program. 9. Signing off on the completion of the Emergency Repair work financed under each Emergency Repair project. 10. Recording the Mortgage on the loans made for work completed under the Emergency Repairs Program. 11. Maintaining a comprehensive database of all units and projects in the Emergency Repairs Program and their status. West Orange Housing Rehabilitation Program P. 4

Consultant Contract III. PROGRAM STAFFING AND OFFICE OPERATIONS STATEMENT The Consultant shall provide staff and manage office and field operations of the Housing Rehabilitation Program and Affordability Assistance Program in the form of emergency repairs as required to provide for the delivery of services set forth in this contract. The Township reserves the right to require the dismissal from program duties of any staff member of the consultant on 24 hours notice, for cause. Specifically, this shall include, at a minimum, the provision of the following: A. PROGRAM OVERSIGHT Overall program oversight and review shall be provided by the staff of the Consultant. This program oversight will involve the services of Steven J. Weinberg, Director of the firm, and other qualified members of the Consultant's staff as required to assure effective and efficient program operation. B. TECHNICAL AND SUPPORT STAFF In addition to the above, the staff of the Consultant will provide overall administrative and management services in connection with the Housing Rehabilitation Program and Affordability Assistance Program. This service will include staff training, work write-up and cost estimate processing, implementation advisory services and other technical support, as necessary. West Orange Housing Rehabilitation Program P. 5

Consultant Contract C. PROGRAM OFFICE /STAFF The Housing Rehabilitation Program staff will generally meet with clients either in their homes. Meetings may be scheduled in the Municipal Building, as needed. The Consultant will provide staff to administer the program. The Program Staff will provide for day-to-day operation of the Housing Rehabilitation Program and manage administrative, clerical and property inspection responsibilities. D. STAFF AVAILABILITY The Program staff, in addition to the availability described above, will be further available as the Township Planner directs to implement the Housing Rehabilitation Program in accordance with the provisions set forth in this contract. IV. TIME OF PERFORMANCE The Housing Rehabilitation Program administrativeservices of the Consultant are to commence at the execution of this contract. The Emergency Repairs Program administrative services are to commence immediately following upon the Township’s issuance of a “Notice to Proceed” on this program and the Consultant’s receipt of said Notice. The Consultant shall provide the services set forth herein during the rehabilitation program to be implemented by the Township subject to the terms of Exhibit A. The provisions of this contract shall be applicable through the duration of the rehabilitation program period, provided: A. PERFORMANCE The Consultant has, in the sole judgment of the Township, provided the services set forth herein in a satisfactory manner. B. AGREEMENT CONTINUATION The Township and the Consultant do not take action to terminate the contract, pursuant to the provisions of Article VIII. below. V. COMPENSATION AND METHOD OF PAYMENT The Township shall pay the Consultant for the Consultant's services in accordance with the fee schedule set forth below. All moneys payable to the Consultant are subject to receipt of a requisition for payment from the Consultant, in form satisfactory to the Township, stating that he has performed the work under this contract in conformance

ant are subject to receipt of a requisition for payment from the Consultant, in form satisfactory to the Township, stating that he has performed the work under this contract in conformance with the contract and that he is entitled to receive the amounts requisitioned under the terms of the West Orange Housing Rehabilitation Program P. 6

Consultant Contract contract. Moneys called for under such periodic requisitions are due and payable within a reasonable time period based on the municipal billing and payment system. HOUSING REHABILITATION PROGRAM ADMINISTRATIVE SERVICES The following lump sum per unit fees shall be paid to the Consultant as clients complete their participation in the Township housing rehabilitation program. In any event, the following per-unit fee times the total number of units authorized for rehabilitation will be maximum payment that the consultant may earn for the services provided. Total Lump Sum Fee per Unit Completed $3,200.00 EMERGENCY REPAIR PROGRAM ADMINISTRATIVE SERVICES The following lump sum per unit fees shall be paid to the Consultant as clients complete their participation in the Township housing rehabilitation program. In any event, the following per-unit fee times the total number of units authorized for rehabilitation will be maximum payment that the consultant may earn for the services provided. Total Lump Sum Fee per Unit Completed $1,800.00 In the event the Township specifically requests the provision of professional services outside of the scope of services specified in Article II above, the Consultant shall be compensated in accordance with the Consultant's established fee schedule at the timeof provision of such services or such other basis as may bemutually agreed by the Township and the Consultant. All extra services must be pre-approved, in writing, by the Township Planner with a specified monetary cap for such services. It is expressly understood and agreed that the compensation to be provided by the Township for both Housing Rehabilitation Administrative Services and Emergency Repair Administrative Serviceswill be funded through the Township's Affordable Housing Trust Fund. Accordingly, the Consultant's provision of services and the Township's compensation as set forth herein shall be subject to the availability of funds under such Trust Fund. The total amount of compensation and the total number of units to be assisted will be dependent upon the funds available in the Trust Fund. The Township Planner will provide the Consultant, at least annually, with a lump sum number of units that may be undertaken under each Programwith

dependent upon the funds available in the Trust Fund. The Township Planner will provide the Consultant, at least annually, with a lump sum number of units that may be undertaken under each Programwith funds-on-hand during any given calendar year. The Township agrees to escrow both the total eligible hard costs and total delivery costs for a unit once the owner executes program loan documents and a construction contract with their contractor.The Township also agrees to notify the Consultant of any legal or administrative changes that could impact theAffordable Housing Trust Fund availability for this program and to pay the Consultant according to the following schedule for units in the program prior to any changes to trust fund availability that would result in a suspension West Orange Housing Rehabilitation Program P. 7

Consultant Contract or termination of either the Housing Rehabilitation Programor the Emergency Repairs before the funding for these units can be escrowed and the units completed. HOUSING REHABILITATION PROGRAM Client Eligibility approved $1,100.00 Client Inspection and write up completed $900.00 Client Project Quotes from Contractors Received $350.00 EMERGENCY REPAIRS PROGRAM Client Inspection and write up completed $900.00 Client Project Quotes from Contractors Received $350.00 VI. INSURANCE AND INDEMNITY The Township and the Consultant do mutually agree as follows: A. CONSULTANT'S INSURANCE The Consultant shall acquire and maintain statutory workmen's compensation insurance coverage for all employees. West Orange Housing Rehabilitation Program P. 8

Consultant Contract B. TOWNSHIP'S INDEMNIFICATION It is mutually recognized that the Consultant is being retained by the Township as its personal consultant, and the Consultant is not expected to be directly liable to other parties including those who will be performing rehabilitation services or emergency repairs or those who will be the beneficiaries of such services. To the extent the Consultant is protected directly or derivatively by the provisions of the New Jersey Tort Claims Act, Title 59, New Jersey Revised Statutes, nothing herein shall be interpreted or construed to diminish that protection. Except for breach of warranty, gross negligence or recklessness on the part of the Consultant, the Township agrees to defend, indemnify and hold the Consultant harmless from and against any claims, liabilities, actions, proceedings, and costs or expenses as may arise from or be asserted by reason of any actual or alleged misrepresentation or omission concerning the fulfillment of the consultant's contractual duties. VII. TOWNSHIP RESPONSIBILITIES The Township shall provide the following assistance to the Consultant, to assure effective implementation of the services as set forth in Article II of this Contract. This assistance shall be as follows: A. OFFICE SPACE The Township shall provide office space adequate to meet the program needs as available. B. EQUIPMENT The Township shall provide access to and use of necessary office equipment during normal business hours, including such items as desks, chairs, file cabinets, computer, typewriter and similar items. This equipment shall be used and remain in the Municipal Building. C. SERVICES The Township shall make provision for photocopy and telephone equipment usage and services. D. STAFF AND COOPERATION The Township shall provide for overall cooperation of Township staff and officials, including administrative, code enforcement and inspection personnel. West Orange Housing Rehabilitation Program P. 9

Consultant Contract VIII. OTHER PROVISIONS This Agreement is subject to the provisions of Exhibit A entitled, "General Terms and Conditions", a copy of which is attached hereto and by reference thereto incorporated herein. IX. GOVERNING LAWS The validity and interpretation of this contract and each clause and part thereof shall be governed by the laws of the State of New Jersey. IN WITNESS WHEREOF, the Township and the Consultant have executed this Agreement. Township of West Orange Community Action Services BY: BY: ________ Mayor Robert D. Parisi Steven J. Weinberg, Director Attest: Witness: ___ West Orange Housing Rehabilitation Program P. 10

Consultant Contract "EXHIBIT A" GENERAL TERMS AND CONDITIONS 1. Extent of Agreement - This agreement represents the entire and integrated agreement between the Township and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the Township and the Consultant 2. Termination of Contract - If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of the Contract, or the Township determines the services are no longer needed, the Township shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this Contract shall, at the option of the Township become its property. Notwithstanding the above, the Consultant shall not be relieved of liability to the Township for damages sustained by the Township by virtue of any breach of Contract by the Consultant, and the Township may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the Township from the Consultant is determined. 3. Limited Warranty by Consultant - The Consultant shall render services under this agreement in accordance with generally accepted professional practices. The Consultant shall not, however, be responsible for delays caused by employees and/or agents of the Township, nor shall the Consultant be responsible for acts or omissions of the Township's employees and/or agents, provided that the Consultant gives timely notice to the Township of any such events. 4. Damages - Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 5. Compliance with Local Laws - The Consultant shall comply with