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Agenda Municipal Complex July 1, 2020
Reorganization Meeting 818 Teaneck Road 6:00 PM
Teaneck, New Jersey 07666
Township of Teaneck Page 1
Township Manager
Dean B. Kazinci
Councilman
Dr. James Dunleavy
Councilman
Keith Kaplan
Councilman
Elie Y. Katz
Councilwoman
Karen Orgen
Councilman
Michael S. Pagan
Councilwoman
Gervonn Romney-Rice
Councilman
Mark J. Schwartz
Township Attorney
John Shahdanian
Acting Township Clerk
Doug Ruccione
One of New Jersey's most culturally diverse communities, Teaneck is home to some 14,000
families. Within our borders, you will find thriving business and cultural environments, as
well as, unsurpassed parks and natural areas. From starting a business, to raising a family,
Teaneck welcomes you to explore what we have to offer.
Agenda Township Council July 1, 2020
Township of Teaneck Page 2
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
1. Roll Call
III. TOWNSHIP CLERK'S ANNOUNCEMENT
Adequate notice of this meeting has been provided by Resolution No. 203-2019, sending
a copy to the newspapers officially designated for 2020 by way of Resolution No. 218-
2019, filing a copy in the Township Clerk's Office and posting it on the Municipal
Building bulletin board, and the Mayor hereby directs that this statement be included in
the minutes.
IV. TOWNSHIP CLERK'S CERTIFICATION
V. INVOCATION
VI. OATH OF OFFICE TO NEWLY-ELECTED COUNCILMEMBERS
VII. ATHENIAN OATH TO ALL COUNCILMEMBERS
VIII. ELECTION OF MAYOR
IX. ELECTION OF DEPUTY MAYOR 1
X. ELECTION OF DEPUTY MAYOR 2
XI. OATH OF OFFICE TO MAYOR
XII. OATH OF OFFICE TO DEPUTY MAYOR 1
XIII. OATH OF OFFICE TO DEPUTY MAYOR 2
XIV. MEETING OPEN TO THE PUBLIC FOR GOOD AND WELFARE OF PUBLIC
INPUT ON ANY MATTERS ON THIS AGENDA
XV. CONSENT AGENDA
All matters listed below are considered to be routine in nature by Council and will be
enacted by one motion. There will be no separate discussion of these items. If any
discussion is desired by Council, that particular item will be removed from the Consent
Agenda and will be considered separately.
A. RESOLUTIONS
Agenda Township Council July 1, 2020
Township of Teaneck Page 3
109-2020 APPOINTING OF THE LAW FIRM OF MCCUSKER ANSELMI
ROSEN & CARVELLI, PC AS THE ATTORNEYS FOR THE TOWNSHIP OF
TEANECK AND AUTHORIZING A PROFESSIONAL SERVICES CONTRACT
THEREFOR
110-2020 Designate Official Depositories Pursuant to Cash Management Program
111-2020 DESIGNATING OFFICIAL NEWSPAPERS AND DESIGNATING
ADDITONAL PUBLICATIONS FOR RECEIVING OPEN PUBLIC MEETINGS
ACT NOTICES
112-2020 ADOPTING AN ANNUAL SCHEDULE OF MEETINGS FOR THE
BALANCE OF 2020 PURSUANT TO THE OPEN PUBLIC MEETINGS ACT
113-2020 AWARDING A CONTRACT WITH APD FINANCIAL CONSULTING,
LLC FOR TEMPORARY FINANCIAL CONSULTANT SERVICES FOR THE
TOWNSHIP OF TEANECK
114-2020 APPOINTING CO-MUNICIPAL PROSECUTORS FOR THE
TOWNSHIP OF TEANECK AND AUTHORIZING PROFESSIONAL SERVICES
CONTRACTS THEREFOR
115-2020 APPOINTING AN ALTERNATE PUBLIC DEFENDER FOR THE
TOWNSHIP OF TEANECK AND AUTHORIZING A CONTRACT THEREFOR
116-2020 APPOINTING OF THE LAW FIRM OF WILENTZ GOLDMAN &
SPITZER AS BOND COUNSEL FOR THE TOWNSHIP OF TEANECK AND
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT THEREFOR
117-2020 APPOINTING THE PUBLIC DEFENDER FOR THE TOWNSHIP OF
TEANECK AND AUTHORIZING A CONTRACT THEREFOR
118-2020 AUTHORIZING PHILLIPS, PREISS, GRYGIEL, LEHENY, HUGHES
LLC TO UNDERTAKE PLANNING CONSULTANT SERVICES ON BEHALF OF
THE TOWNSHIP OF TEANECK
119-2020 AUTHORIZING THE NISHUANE GROUP, LLC TO UNDERTAKE
PLANNING CONSULTANT SERVICES ON BEHALF OF THE TOWNSHIP OF
TEANECK AS ALTERNATE PLANNERS
120-2020 AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
CONTRACT BETWEEN THE TOWNSHIP OF TEANECK AND DEAN B.
KAZINCI FOR THE POSITION OF MUNICIPAL MANAGER OF THE
TOWNSHIP OF TEANECK - Addendum 4B: Forms Added
XVI. INTRODUCTION OF ORDINANCES
Agenda Township Council July 1, 2020
Township of Teaneck Page 4
Ordinance No. 14-2020 AN ORDINANCE AMENDING ORDINANCE NO. 23-2019
ENTITLED “AN ORDINANCE ESTABLISHING POSITIONS AND SALARY
RANGES FOR EXECUTIVE, MANAGERIAL, PROFESSIONAL AND
CONFIDENTIAL EMPLOYEES AND FOR UNCLASSIFIED MUNICIPAL
EMPLOYEES IN THE TOWNSHIP OF TEANECK EFFECTIVE JANUARY 1, 2019”
TO ADD THE POSITION OF TREE SUPERINTENDENT AND TO ESTABLISH THE
SALARY THEREFOR BE IT RESOLVED by the Township of Teaneck that Ordinance
#14-2020, passed on first reading and that said Ordinance will be further considered for a
public hearing and final adoption thereon at a meeting of the Township Council to be
held on July 14, 2020 Meeting at 8PM in the Council Chambers of the Municipal
Building, 818 Teaneck Road, Teaneck, New Jersey, at which time and place all persons
interested therein will be given an opportunity to be heard concerning the same, and that
the Township Clerk is hereby authorized to advertise same according to law and to
provide the appropriate notices in accordance with law.
XVII. APPOINTMENT & OATH OF OFFICE TO TOWNSHIP ATTORNEY
XVIII. MISCELLANEOUS
XIX. BENEDICTION
XX. ADJOURNMENT
Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Appointment DOC ID: 6059
RESOLUTION 109-2020
Page 1
APPOINTING OF THE LAW FIRM OF MCCUSKER ANSELMI ROSEN & CARVELLI, PC AS THE ATTORNEYS FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING
A PROFESSIONAL SERVICES CONTRACT THEREFOR
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Resolution 109-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
109-2020
APPOINTING OF THE LAW FIRM OF MCCUSKER ANSELMI ROSEN
& CARVELLI, PC AS THE ATTORNEYS FOR THE TOWNSHIP OF
TEANECK AND AUTHORIZING A PROFESSIONAL SERVICES
CONTRACT THEREFOR
WHEREAS, the Township of Teaneck has heretofore appointed McCusker, Anselmi, Rosen &
Carvelli, PC as the Township Attorneys, Tax Appeal Attorneys, Labor Counsel and Litigation
Attorneys for the period from January 1, 2020 through June 30, 2020, with John L. Shahdanian
II, Esq. serving as the principal attorney of the firm responsible for representing the Township;
and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction and study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council wishes to appoint the law firm of McCusker
Anselmi Rosen & Carvelli, PC as the Township Attorneys, Tax Appeal Attorneys, Labor
Counsel and Litigation Attorneys to represent the Township of Teaneck for the period from July
1, 2020 through June 30, 2021, with John L. Shahdanian II, Esq. serving as the principal
attorneys of the firm responsible for representing the Township, as a “Non-Fair and Open”
contract as defined in N.J.S.A. 19:44A-20.5, by reason of their knowledge and experience in
representing the Township of Teaneck and other municipalities; and
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract, when added to previous authorizations, may exceed
$17,500; and
WHEREAS, the McCusker Amselmi Rosen & Carvelli, PC (hereinafter “Attorneys”)
have completed and submitted a Business Entity Disclosure Certification which certifies that the
Attorneys have not made any reportable contributions to a political or candidate committee in the
previous one year period preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et
seq., P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the
Township of Teaneck which would bar the award of this contract, and that the contract will
prohibit the Attorney from making any reportable contributions during the term of the contract;
and
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Resolution 109-2020 Meeting of July 1, 2020
Page 3
WHEREAS, the Chief Financial Officer has certified that sufficient funds for these
contracts are available and that a copy of such Certificate shall be attached to the original of this
resolution and be on file on the office of the Township Clerk and available for public inspection;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Teaneck, Bergen County, New Jersey, pursuant to the provisions of Section 2-33 of the Code
of the Township of Teaneck and N.J.S.A. 40A:11-5, 40A:9-139 and 40:69A-89, that the Mayor is
hereby authorized and directed to execute and the Township Clerk to attest a Professional
Services Agreement setting forth the terms and conditions of the appointment of the law firm of
McCusker Amselmi Rosen & Carvelli, PC, 210 Park Avenue, Suite 301, Florham Park, N.J.
07932, as the Township Attorneys, Tax Appeal Attorneys, Labor Counsel and Litigation
Attorneys for the Township of Teaneck, for the period commencing from July 1, 2020 through
June 30, 2021, a copy of which Agreement is annexed hereto and is on file in the Office of the
Township Clerk and is available for public inspection; and
BE IT FURTHER RESOLVED, that McCusker Amselmi Rosen & Carvelli, PC shall
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; and
BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and
directed to cause a notice to be published in the manner provided by law setting forth the nature,
duration, service and amount of the Agreement and that the resolution and Agreement are on file
in the Office of the Township Clerk and are available for public inspection.
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1
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made this day of , 2020, between the
TOWNSHIP OF TEANECK (hereinafter referred to as "TOWNSHIP") having its offices at
818 Teaneck Road, Teaneck, New Jersey 07666, and
McCusker Amselmi Rosen & Carvelli, PC, having offices at 210 Park Avenue, Suite 301,
Florham Park, N.J. 07932 (with John L. Shahdanian II being the principal attorney of the firm
responsible) (hereinafter referred to as "ATTORNEY").
WITNESSETH
WHEREAS, the Township of Teaneck has heretofore appointed McCusker, Anselmi,
Rosen & Carvelli, PC as the Township Attorneys, Tax Appeal Attorneys, Labor Counsel and
Litigation Attorneys for the period from January 1, 2020 through June 30, 2020, with John L.
Shahdanian II, Esq. serving as the principal attorney of the firm responsible for representing the
Township; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction and study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council wishes to appoint the law firm of McCusker
Anselmi Rosen & Carvelli, PC as the Township Attorneys, Tax Appeal Attorneys, Labor
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Counsel and Litigation Attorneys to represent the Township of Teaneck for the period from July
1, 2020 through June 30, 2021, with John L. Shahdanian II, Esq. serving as the principal
attorneys of the firm responsible for representing the Township, as a “Non-Fair and Open”
contract as defined in N.J.S.A. 19:44A-20.5, by reason of their knowledge and experience in
representing the Township of Teaneck and other municipalities; and
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract, when added to previous authorizations, may exceed
$17,500; and
WHEREAS, the McCusker Amselmi Rosen & Carvelli, PC (hereinafter “Attorneys”)
have completed and submitted a Business Entity Disclosure Certification which certifies that the
Attorneys have not made any reportable contributions to a political or candidate committee in the
previous one year period preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et
seq., P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the
Township of Teaneck which would bar the award of this contract, and that the contract will
prohibit the Attorney from making any reportable contributions during the term of the contract;
and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for these
contracts are available and that a copy of such Certificate shall be attached to the original of this
resolution and be on file on the office of the Township Clerk and available for public inspection;
and
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WHEREAS, the Township Council of the TOWNSHIP has authorized the Mayor to
execute and the Clerk to attest an Agreement between the TOWNSHIP and the ATTORNEY;
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, it is
agreed as follows:
1. Term of Office. The ATTORNEY shall serve as Township Attorney for the period
commencing from July 1, 2020 through June 30, 2021, in accordance with the provisions of
Section 2-33 of the Code of the Township of Teaneck, and N.J.S.A. 40A:9-139, 40A:11-5 and
40:69A-89. This Agreement will remain in effect for said term and, unless modified in writing,
shall continue for so long as the ATTORNEY shall continue to serve as the Township Attorney.
2. Duties of Attorney. The ATTORNEY agrees to perform any and all duties and
obligations of a municipal attorney in the State of New Jersey as may be required by law, and as
set forth in the Code of the Township of Teaneck, including, but not limited to the following:
(a) Be the chief legal advisor to the Council and Manager and shall give all
the necessary legal advice and counsel as required by the Council and Manager, and which
pertain to the affairs of the Township.
(b) Prepare or supervise the preparation of all ordinances, regulations, resolutions,
contracts and other legal documents and papers pertaining to the Township.
(c) Appear as the attorney-of-record for the Township in all actions or
proceedings in any court or before any board in which the Township is a party in interest or in
which it may be or become involved, or where the public interest of the Township may be
served, and in all actions and proceedings for the enforcement of the Code or other Township
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ordinances and regulations and prepare and file such pleadings, including, but not limited to,
complaints, answers, counter-claims and cross-claims, as may be necessary or appropriate in any
such actions or proceedings.
(d) Attend all regular, workshop and special meetings of the Council, as requested
by the Council and/or Manager.
(e) Supervise the administration of the Office of the Township Attorney and
allocate duties and responsibilities to Office personnel.
(f) Promptly report the outcome of any litigation in which the Township is a party
in interest.
(g) Report to the Council the status of all pending litigation wherein the Township
is a party in interest.
(h) Have the power to enter into any agreement, compromise or settlement of any
litigation in which the Township is involved, subject to the approval of the Council.
(i) Serve as labor counsel
3. Compensation.
(a) The TOWNSHIP agrees to pay the ATTORNEY the retainer in the sum of
$19,750 per month for the duration of the contract for the performance of the following legal
services as detailed below.
1. Attendance at meetings with the Council, Manager and various department
heads on matters to the extent not covered in paragraph (b) below.
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2. All e-mail and telephonic communications with Council members and
meetings with individual Council persons as requested.
3. All resolutions and ordinances and RFP for legal services.
4. All communications, to the extent not covered in paragraph (b) below.
5. Drafting and review of resolutions and ordinances as requested by the
Council, Manager and/or Clerk.
6. Research and memos on legal issues that may arise to the extent not
covered in paragraph (b) below.
7. Review and drafting of all contracts as required or as initiated by a third
party, i.e., architects and BCUA, Purchasing Agent or the Manager and review of
all bids as requested.
8. All Open Public Meetings Act (OPMA) issues and all Open Public
Records Act (OPRA) issues, to the extent that they do not involve litigation or are
not covered in paragraph (b) below.
(b) In addition to the annual retainer, the TOWNSHIP shall pay the
ATTORNEY the sum of One Hundred Sixty-Five Dollars ($165.00) for each hour for legal
services rendered by an attorney and $100.00 for each hour of services rendered by paralegals in
connection with the following litigation and adversarial matters. The ATTORNEY will submit
vouchers in the form provided by the TOWNSHIP on a monthly basis. Vouchers shall include a
detailed statement of services rendered, the date of such service and the amount of time
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expended thereon, all charged on an hourly basis, divided by one/tenth (1/10th) of an hour
intervals.
1. All insurance claims/litigation/Notice of Tort claims.
A. Accidents
B. Slip and falls.
C. Contractual
D. Enforcement/code enforcement/rent control administration
E. Prosecutor and judicial coverage and issues.
F. Actions in lieu of prerogative writs.
G. All other litigation and adversarial proceedings.
2. Tax Appeals, both County and State
3. Coordination of all litigation and adversarial matters, including but not limited to
A. Arbitrations
B. Grievances
C. Civil Service
D. PERC
E. Prosecutions
F. COAH legal issues
G. Litigation
H. Personnel issues.
I. Government Records Council
J. OAL issues
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K. Workmen’s Compensation
L. Notice of Tort Claims
M. Open Public Meeting Act
4. All Open Public Records Act (OPRA)/Open Public Meetings Act (OPMA) issues,
which involve litigation.
5. Real estate transactions, redevelopment projects and developer’s agreements
(c) In addition to the annual retainer, labor services shall be provided on an hourly basis
based upon the following hourly rates during the term of this agreement:
Partner $200
Of Counsel $200
Associate $200
Law Clerk/Paralegal $100
In addition to the foregoing legal fees, the ATTORNEY shall be reimbursed by the TOWNSHIP
for costs and expenses, including deposition transcript costs, experts’ fees (to be discussed and
approved by the TOWNSHIP prior to being incurred), photocopying and supply charges, taxes,
travel expenses, court costs and fees, messenger charges, and other necessary costs and expenses.
(d) In addition to the foregoing fees, the TOWNSHIP shall reimburse the ATTORNEY
for actual and reasonable out-of-pocket expenses and costs incurred in connection with
performing the aforesaid legal services on a monthly basis. When any Township legal duty
shall require the ATTORNEY’S presence outside of the Township, his reasonable traveling
expenses shall be paid. He shall also be reimbursed for all filing fees and other disbursements
necessary in the handling of the Township's legal affairs. For individual specific cases
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including but not limited to litigation matters, computer research database fees shall billed on a
usage basis. For all other matters computer research shall be billed at a flat rate of $400 per
month for all other matters.
(e) The ATTORNEY may engage the services of expert witnesses and special counsel
when, in his opinion, such action is necessary in connection with the handling of any legal
business of the Township. Reasonable fees for such witnesses and special counsel shall either be
paid directly by the Township or, if paid by the ATTORNEY as a disbursement, reimbursed to
the ATTORNEY.
(f) The ATTORNEY shall not be responsible to perform any legal services for the
TOWNSHIP for which a conflict of interest exists or for which representation is precluded
under the Rules of Court. The TOWNSHIP shall, in such cases, arrange for substitute counsel.
4. Written Opinions and Memoranda of the ATTORNEY. All written opinions and
memoranda of the Attorney shall be made available to the all members of the Township Council,
either by provision of a complete copy thereof to all members, or by inclusion of same in a file
maintained for such written documents by the Township Clerk, except in cases in which a
conflict of interest is present. All papers and documents pertaining to Township legal matters
shall remain the property of the Township.
5. Equal Employment Opportunity. During the performance of this Agreement the
ATTORNEY shall comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27,
including the requirements as set forth in Exhibit A, annexed hereto and made part hereof.
6. Substitutes. The name of the ATTORNEY’S law firm may appear as attorney of
record for the Township in all actions or proceedings. In a specific case any member of the law
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firm may appear on behalf of the Township Attorney; however, no additional compensation will
be paid relative to such appearances.
7. Modification, Waiver and Construction.
(a) This Agreement shall not be modified unless the modification is in writing and is
signed by authorized representatives of both parties.
(b) The failure of either party to require the performance of any term or obligation of this
Agreement, or the waiver of either party to any breach of this Agreement, shall not prevent a
subsequent enforcement of any term or condition of this Agreement nor shall same be deemed to
constitute a waiver of any subsequent breach.
(c) This Agreement shall be construed in accordance with the laws of the State of New
Jersey.
(d) Any cause of action, claim, suit, or civil action of any kind filed by either the
ATTORNEY or the TOWNSHIP arising out of or relating to the terms of this Agreement or the
relationship of the parties shall be brought only in the Superior Court of New Jersey, Bergen
County, New Jersey. Both parties irrevocably submit themselves to the jurisdiction of that
Court.
(e) Effective July 1, 2020, this Agreement shall supersede all previous agreements
between the ATTORNEY and the TOWNSHIP.
8. Independent Contractor Status. The services to be rendered by the ATTORNEY
pursuant to the terms and conditions hereof shall be rendered as an independent contractor and
not as an employee of the TOWNSHIP.
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9. Political Contribution Disclosure. This contract has been awarded to the
ATTORNEY based on the merits and abilities of the ATTORNEY to provide the goods or
services as described herein. This contract was awarded through a “non-fair and open process”
pursuant to N.J.S.A. 19:44A-20.4 et seq. Notwithstanding the foregoing, the ATTORNEY, by
signing below, attests that the ATTORNEY, its subsidiaries, assigns or principals controlling in
excess of 10% of the ATTORNEY company has neither made a contribution, that is reportable
to the Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in
the one (1) year period preceding the award of the contract that would, pursuant to P.L. 2007, c.
19, as amended by P.L. 2005, c. 51, or Teaneck Ordinance 19-2017 which would affect its
eligibility to perform this contract, nor will it make a reportable contribution during the term of
this contract to any political party committee in the Township of Teaneck if a member of that
political party is serving in an elective public office of the Township of Teaneck when the
contract is awarded, or to any candidate committee of any person serving in an elective public
office of the Township of Teaneck when the contract is awarded or to any other candidate or
political committee in excess of the amounts permitted pursuant to Ordinance No. 19-2017. In
addition, ATTORNEY acknowledges and understands that this agreement shall not be
authorized by the Township of Teaneck until such time as the Township of Teaneck has
received from ATTORNEY all executed forms and certifications as required by State Law (if
necessary) and Ordinance No. 19-2017 of the Township of Teaneck.
10. Business Registration. The ATTORNEY shall comply with the provisions of
N.J.S.A. 52:32-44 et seq. respecting the New Jersey Business Registration requirements.
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11. Iranian Investment Disclosure: The ATTORNEY shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a
proposal or otherwise proposes to enter into or renew a contract must complete the certification
provided herewith, under penalty of perjury, that the person or entity, or one of the person’s or
entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
date set forth hereinabove.
TOWNSHIP OF TEANECK
____________________________ ______________________________
Doug Ruccione, Acting Township Clerk By: , Mayor
WITNESS: McCusker Anselmi Rosen & Carvelli, PC
__________________________ __________________________________________
By: John L. Shahdanian II, Esq.
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee
or applicant for employment because of age, race, creed, color, national, origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex. Except with respect to affectional or sexual orientation and gender identity or expression,
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, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
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 workers’ 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.
The contractor or subcontractor where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented
from time to time and the Americans with Disabilities Act.
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The contractor or subcontractor agrees to make good faith efforts to employ minority and
women workers consistent with the applicable county employment goals established in
accordance with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment
agencies including, but not limited to, employment agencies, placement bureaus, colleges,
universities, labor unions, that it does not discriminate on the basis of age, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation or sex, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory
practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to
assure that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual orientation or sex, consistent with the statutes and court decisions of
the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports or other documents to the
Division of Contract Compliance & EEO as may be requested by the Division from time to time
in order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Division of Contract Compliance & EEO for conducting
a compliance investigation pursuant to Subchapter 10 of the Administrative Code at
N.J.A.C.17:27.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Finance
Teaneck, NJ 07666 Category: Adopt DOC ID: 6055
RESOLUTION 110-2020
Page 1
Designate Official Depositories Pursuant to Cash Management Program
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Resolution 110-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
110-2020
DESIGNATE OFFICIAL DEPOSITORIES PURSUANT TO CASH
MANAGEMENT PROGRAM
WHEREAS, N.J.S. 40A:5-14 requires every municipality to annually adopt a Cash
Management Plan and to designate official depositories for the funds of the Township; and
WHEREAS, the Chief Financial Officer has recommended, and the Township Manager concurs,
the attached Cash Management Plan based on consolidation of all major banking activity in one
commercial bank located in Teaneck.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of
Teaneck, that the following banks along with the State of New Jersey Cash Management Fund,
be designated as official depositories of the funds of the Township of Teaneck pursuant to the
Cash Management Program:
PNC Bank
Cross River Bank
JP Morgan Chase
Bank of America
TD Bank
Investor's Savings Bank
Lakeland Bank
NVE
Provident Savings Bank
Oritani Savings Bank
Bogota Savings Bank
Valley National Bank
BE IT FURTHER RESOLVED, by the Township Council of the Township of Teaneck that the
Chief Financial Officer is authorized to purchase and arrange safe keeping of investments
allowed by N.J.S. 40A:5-15.1 from any financial institution within the State of New Jersey
offering the best competitive rate.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Designate DOC ID: 6057
RESOLUTION 111-2020
Page 1
DESIGNATING OFFICIAL NEWSPAPERS AND DESIGNATING ADDITONAL PUBLICATIONS FOR RECEIVING OPEN PUBLIC MEETINGS ACT NOTICES
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Resolution 111-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
111-2020
DESIGNATING OFFICIAL NEWSPAPERS AND DESIGNATING
ADDITONAL PUBLICATIONS FOR RECEIVING OPEN PUBLIC
MEETINGS ACT NOTICES
BE IT RESOLVED, by the Township Council of the Township of Teaneck, that THE RECORD
and THE STAR LEDGER are hereby designated as the Township of Teaneck's official
newspapers for the calendar year 2020; and
BE IT FURTHER RESOLVED that legal notices for the Township of Teaneck will be published
in THE RECORD; and
BE IT FURTHER RESOLVED that all Open Public Meetings Act (OPMA) notices be sent to
THE RECORD, THE SUBURBANITE, THE JEWISH STANDARD, THE TEANECK
PATCH, THE JEWISH LINK, and THE STAR LEDGER.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Adopt DOC ID: 6056
RESOLUTION 112-2020
Page 1
ADOPTING AN ANNUAL SCHEDULE OF MEETINGS FOR THE BALANCE OF 2020 PURSUANT TO THE OPEN PUBLIC MEETINGS ACT
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Resolution 112-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
112-2020
ADOPTING AN ANNUAL SCHEDULE OF MEETINGS FOR THE
BALANCE OF 2020 PURSUANT TO THE OPEN PUBLIC MEETINGS
ACT
BE IT RESOLVED by the Township Council of the Township of Teaneck that, in
accordance with N.J.S.A. 10:4-6 et seq. (Chapter 231, Public Laws of 1975, as amended), also
known as the Open Public Meetings Act, the Township Clerk is hereby directed to post the
schedule listed below of the Township Council meetings for the balance of the calendar year
2020 on the Municipal Building bulletin board; send copies to the official newspapers; keep one
copy on file in the Clerk’s office for examination by the public and provide a copy of same to all
persons requesting same. Subject to the emergency provisions set forth below, all meetings of the
Township Council are scheduled to be held in the Council Chambers at the Municipal Building
located at 818 Teaneck Road unless otherwise noted. All meetings legally open at 7 p.m. with
public input scheduled for 8 p.m. unless otherwise noted. Formal action may be taken at all
regularly scheduled meetings.
Due to the current State of Emergency issued by the Governor of the State of New Jersey as a
result of the Covid-19 pandemic, the Teaneck Township Council will be holding its regularly
scheduled meetings virtually via Zoom. The link to participate in the Zoom meeting via
computer, laptop, tablet or smart phone, meeting ID number, password, one-tap mobile numbers
and dial-in telephone numbers are posted on the Township of Teaneck’s website at
www.teanecknj.gov <http://www.teanecknj.gov> at least 48 hours in advance of all regularly
scheduled meetings. For further information, the public is invited to contact the Township
Clerk’s office at (201) 837-1600, ext. 1028 or by e-mail to clerk@teanecknj.gov
<mailto:clerk@teanecknj.gov>
July 14th
August 11th
September 8th, 22nd (Legal Opening - 1 PM, Public Input - 2 PM)
October 20th
November 10th
December 8th (Legal Opening - 1 PM, Public Input - 2 PM)
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Award Contract DOC ID: 6054
RESOLUTION 113-2020
Page 1
AWARDING A CONTRACT WITH APD FINANCIAL CONSULTING, LLC FOR TEMPORARY FINANCIAL CONSULTANT SERVICES FOR THE TOWNSHIP OF
TEANECK
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Resolution 113-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
113-2020
AWARDING A CONTRACT WITH APD FINANCIAL CONSULTING,
LLC FOR TEMPORARY FINANCIAL CONSULTANT SERVICES FOR
THE TOWNSHIP OF TEANECK
WHEREAS, the Township of Teaneck is in need of temporary financial consultant services; and
WHEREAS, Alex Davidson of APD Financial Consulting LLC, located at 32 Kingswood
Road, Marlton, New Jersey 08053 (hereinafter referred to as the Consultant) has offered to
provide such financial consultant services for the Township of Teaneck as set forth in a proposal
received in or about March, 2020; and
WHEREAS, the Municipality desires to award these temporary financial consultant
services and enter into a contract therefor pursuant to N.J.S.A. 19:44A-20.5 as other than a “Fair
and Open” contract as defined therein; and
WHEREAS, the Manager has determined and certified in writing that the anticipated
payments under said contract, when taken in the aggregate, may exceed $17,500; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship;
WHEREAS, the Township Council finds that the award of a contract for temporary
financial consultant services to Alex Davidson of APD Financial Consulting LLC, located at 32
Kingswood Road, Marlton, New Jersey 08053, in an annual amount of $15,600.00, for a one
year term payable at the rate of $1,300.00.00 per month would be most advantageous to the
Township of Teaneck, price and other factors considered, by reason of the extensive experience,
reputation and expertise possessed by Alex Davidson of APD Financial Consulting LLC, located
at 32 Kingswood Road, Marlton, New Jersey 08053 and his familiarity with the Township of
Teaneck while previously employed with the Township’s auditing firm; and
WHEREAS, the Consultant has completed and submitted a Business Entity Disclosure
Certification which certifies that the Consultant has not made any reportable contributions to a
political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck which would bar the award of this contract in the previous one year period preceding
the award of this contract, and that the contract will prohibit the Consultant from making any
reportable contributions during the term of the contract; and
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Resolution 113-2020 Meeting of July 1, 2020
Page 3
WHEREAS, the Chief Financial Officer has certified that sufficient funds are available
for this purpose under budget code 0-01-20-130-000-21 in the 2020 budget of the Township of
Teaneck;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Teaneck, Bergen County, New Jersey that the Mayor be and he is hereby authorized and directed
to execute, and the Township Clerk to attest, an agreement between the Township of Teaneck
and Alex Davidson of APD Financial Consulting LLC, located at 32 Kingswood Road, Marlton,
New Jersey 08053 for temporary financial consultant services, a copy of which is on file in the
Office of the Township Clerk and is available for public inspection; and
BE IT FURTHER RESOLVED, that a copy of the within resolution, together with a copy
of the Agreement and that the Business Disclosure Entity Certification and the Determination of
Value, be on file in the Office of the Township Clerk and be available for public inspection
during regular business hours; and
BE IT FURTHER RESOLVED, that the Township Clerk is hereby authorized and
directed to cause a brief notice to be published once in the official newspapers for the Township
of Teaneck stating the nature, duration, service and amount of the contract and that the resolution
and contract are on file and are available for public inspection in the Office of the Township
Clerk.
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CONTRACT FOR FINANCIAL SUPERVISORY CONSULTING SERVICES
This Agreement, made this ____day of , 2020, between the Township of
Teaneck (hereinafter referred to as "Township"), having its offices at 818 Teaneck Road,
Teaneck, New Jersey 07666, and Alex Davidson of APD Financial Consulting LLC, located at
32 Kingswood Road, Marlton, New Jersey 08053 (hereinafter referred to as the Consultant)
WITNESSETH:
WHEREAS, the Township of Teaneck is in need of temporary financial consultant
services; and
WHEREAS, Alex Davidson of APD Financial Consulting LLC, located at 32 Kingswood
Road, Marlton, New Jersey 08053 (hereinafter referred to as the Consultant) has offered to
provide such financial consultant services for the Township of Teaneck as set forth in a proposal
received in or about March, 2020; and
WHEREAS, the Municipality desires to award these temporary financial consultant
services and enter into a contract therefor pursuant to N.J.S.A. 19:44A-20.5 as other than a “Fair
and Open” contract as defined therein; and
WHEREAS, the Manager has determined and certified in writing that the anticipated
payments under said contract, when taken in the aggregate, may exceed $17,500; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship;
WHEREAS, the Township Council finds that the award of a contract for temporary
financial consultant services to Alex Davidson of APD Financial Consulting LLC, located at 32
Kingswood Road, Marlton, New Jersey 08053, in an annual amount of $15,600.00, for a one
year term payable at the rate of $1,300.00.00 per month would be most advantageous to the
Township of Teaneck, price and other factors considered, by reason of the extensive experience,
reputation and expertise possessed by Alex Davidson of APD Financial Consulting LLC, located
at 32 Kingswood Road, Marlton, New Jersey 08053 and his familiarity with the Township of
Teaneck while previously employed with the Township’s auditing firm; and
WHEREAS, the Consultant has completed and submitted a Business Entity Disclosure
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Certification which certifies that the Consultant has not made any reportable contributions to a
political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck which would bar the award of this contract in the previous one year period preceding
the award of this contract, and that the contract will prohibit the Consultant from making any
reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds are available
for this purpose under budget code 0-01-20-130-000-21 in the 2020 budget of the Township of
Teaneck;
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, it is
agreed as follows:
1. SERVICES. The Consultant agrees to provide temporary financial consultant services for
the Township of Teaneck as more particularly described as follows:
Assist and consult with the reconciliation on a monthly basis all accounts for the
Township with the exception of escrow, D&H Accounts & net payroll
o Be available to answer questions regarding those accounts
o Maintain the Township’s payroll deduction payable ledger on a monthly basis
o Review accuracy of bank reconciliations
o Assist with posting of various audit and financial statement adjustments
o Assist with handling of multiple years of audit recommendations
o Assist in verifying accuracy of postings of one-time or non-recurring transactions
o Assist in handling potential banking institution transition
o Assist and verify accuracy of set-up of merchant services (credit card) accounts
with our financial system and ensuring proper flow to General Ledger
o Provide other consulting/advice as needed on financial matters and projects
Provide a monthly list of items that need to be acted upon by various township employees
related to the bank reconciliations including cancellation of old checks and posting of
items from a “pre-deposit” ticket
Provide various consultative in nature answers to various finance related questions as
they arise.
Provide a 24-48 hour turnaround time for non-urgent items. Urgent items will be handled
within a reasonable amount of time
On a quarterly basis do a brief over-view of the overall financials of the including:
o Identify journal entries that should be done
o Charging off of various items
o GL maintenance
o Collateral entries (debt paydowns, RUT charge off, etc…)
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Save any and all journal entries made by the Consultant to a network drive for review by
the CFO
The Consultant will have remote access to the system in the same manner as the system is
currently set up
2. Term: The Consultant shall provide the foregoing services for a term of one year
commencing from the date of the execution of this Agreement. Either party may cancel
this Agreement upon one month’s prior notice. Upon the expiration or termination of this
Agreement all work papers are to be turned over to the Township.
3. Compensation.
a. For the services set forth in Paragraph 1 above, the Township agrees to pay the
Consultant an annual sum of $15,600 payable monthly at $1,300 for the term of this
agreement. Consultant will devote anywhere between 10-15 hours a month in performing
the foregoing services.
b. The foregoing services shall not include various other one-time analysis such as
retro calculations. If the Township requests such other one-time analysis services, a
separate one-time amount will be agreed upon prior to any work being done.
c. With respect to matters which are outstanding as of January 1, 2020 but prior to
the term of this agreement, the Consultant shall receive additional compensation at the rate
of $1,300 per month for each month for which services have been requested and performed
on such matters.
d. Additional services provided hereunder shall be subject to and conditioned upon
the availability and certification of additional funds required therefor.
4. Not Assignable. The within contract shall not be assignable.
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5. Modification, Waiver and Construction.
A. This Contract shall not be modified unless the modification is in writing and
is signed by authorized representatives of both parties.
B. The failure of either party to require the performance of any term or
obligation of this Contract, or the waiver of either party to any breach of this Contract, shall not
prevent a subsequent enforcement of the term or obligation nor be deemed a waiver of any
subsequent breach.
C. This Contract shall be construed in accordance with the laws of the State of
New Jersey.
6. Availability of Funds. The continuation of this contract beyond December 31, 2020, is
subject to the appropriation of sufficient funds therefor.
7. Independent Consultant Status. The services to be rendered by the Consultant pursuant to
the terms and conditions hereof shall be rendered as an independent contractor and not as an
employee of the Township.
8. Equal Opportunity and Non-Discrimination. The Consultant shall comply with the
requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, including the requirements as set
forth in Exhibit A, annexed hereto and made part hereof.
9. Political Contribution Disclosure. This contract has been awarded to the Consultant based
on the merits and abilities of the Consultant to provide the goods or services as described herein.
This contract was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-
20.4 et seq. As such, the Consultant, by signing below, attests that the Consultant, it’s
subsidiaries, assigns or principals controlling in excess of 10% of the Consultant company has
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neither made a contribution, that is reportable to the Election Law Enforcement Commission
pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of
the contract or that would, pursuant to P.L. 2007, c. 19, as amended by P.L. 2005, c. 51, affect its
eligibility to perform this contract, nor will it make a reportable contribution during the term of
this contract to any political party committee in the Township of Teaneck if a member of that
political party is serving in an elective public office of the Township of Teaneck when the
contract is awarded, or to any candidate committee of any person serving in an elective public
office of the Township of Teaneck when the contract is awarded or to any other candidate or
political committee in excess of the amounts permitted pursuant to Ordinance No. 19-2017. In
addition, the Consultant acknowledges and understands that this agreement shall not be
authorized by the Township of Teaneck until such time as the Township of Teaneck has
received from the Consultant all executed forms and certifications as required by State Law (if
necessary) and Ordinance No.19-2017 of the Township of Teaneck.
10. Business Registration Requirements. The Consultant shall comply with the provisions of
N.J.S.A. 52:32-44 et seq. respecting the New Jersey Business Registration requirements.
11. Iranian Investment Disclosure: The Consultant shall comply with the requirements of
N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25) respecting the
disclosure of investment activities in Iran. Any person or entity that submits a proposal or
otherwise proposes to enter into or renew a contract must complete the certification provided
herewith, under penalty of perjury, that the person or entity, or one of the person’s or entity’s
parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
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12. Disputes. If a dispute arises out of or relating to this contract or the breach thereof and if
said dispute cannot be settled through direct discussions between the Consultant and
representatives of the Township, the parties agree to first endeavor to settle the dispute in an
amicable manner by mediation prior to accessing the judicial system for settlement. The parties
shall each designate a proposed mediator. If the parties cannot agree upon one of the two
mediators, the two mediators shall select a third mediator. The costs for any mediation will be
divided equally between the Consultant and the Township except that the expenses of any
witnesses for either side shall be paid by the party producing such witness. In the event the
dispute shall not be able to be resolved through mediation, either party may institute a suit only
in the Superior Court of New Jersey with a venue of Bergen County and both parties agree to
submit themselves to both personal jurisdiction and subject matter jurisdiction in said court.
13. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in
writing by the parties. No waiver of any of the provisions of this Agreement shall constitute a
waiver of any other provisions, nor shall such waiver constitute a continuing waiver unless so
expressly provided.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATTEST: TOWNSHIP OF TEANECK
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________________________ By: _________________________
Doug Ruccione, Acting Township Clerk , Mayor
WITNESS: APD Financial Consulting, LLC
_________________________ _____________________________
By: Alex Davidson
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee
or applicant for employment because of age, race, creed, color, national, origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex. Except with respect to affectional or sexual orientation and gender identity or expression,
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, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
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 workers’ 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.
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The contractor or subcontractor where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented
from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to employ minority and
women workers consistent with the applicable county employment goals established in
accordance with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment
agencies including, but not limited to, employment agencies, placement bureaus, colleges,
universities, labor unions, that it does not discriminate on the basis of age, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation or sex, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory
practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to
assure that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual orientation or sex, consistent with the statutes and court decisions of
the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports or other documents to the
Division of Contract Compliance & EEO as may be requested by the Division from time to time
in order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Division of Contract Compliance & EEO for conducting
a compliance investigation pursuant to Subchapter 10 of the Administrative Code at
N.J.A.C.17:27.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Appointment DOC ID: 6058
RESOLUTION 114-2020
Page 1
APPOINTING CO-MUNICIPAL PROSECUTORS FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING PROFESSIONAL SERVICES CONTRACTS
THEREFOR
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Resolution 114-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
114-2020
APPOINTING CO-MUNICIPAL PROSECUTORS FOR THE TOWNSHIP
OF TEANECK AND AUTHORIZING PROFESSIONAL SERVICES
CONTRACTS THEREFOR
WHEREAS, the Township Council of the Township of Teaneck is in need of Municipal
Prosecutors for the period of July 1, 2020 through June 30, 2021; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council wishes to appoint the following attorneys as Co-
Municipal Prosecutors for the Township of Teaneck for the period from July 1, 2020 through
June 30, 2021, as a “Non-Fair and Open” contract as defined in N.J.S.A. 19:44A-20.5, by reason
of their knowledge and; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Professionals hereinafter named have completed and submitted a
Business Entity Disclosure Certification which certifies that they have not made any reportable
contributions to a political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq. or,
pursuant to P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 4029 of the
Township of Teaneck which would bar the award of this contract in the previous one year period
preceding the award of this contract, and that the contract will prohibit them from making any
reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for these
contracts are available and that a copy of such Certificate shall be attached to the original of this
resolution and be on file on the office of the Township Clerk and available for public inspection;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Teaneck, County of Bergen, State of New Jersey, that Michael L. Kingman, Esq., Linda H.
Schwager, Esq. and Marc A. Calello, Esq. are hereby awarded a professional services contract to
serve as Teaneck Co-Municipal Prosecutors at a cost of $250 per AM court session and $250 per
PM court session for the period from July 1, 2020 to June 30, 2021; and
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Resolution 114-2020 Meeting of July 1, 2020
Page 3
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute, and the Township Clerk to attest, contracts for the foregoing services of a form prepared
and approved by the Township Attorneys; and
BE IT FURTHER RESOLVED, that the Professionals be required to comply with the
requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; and
BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and
directed to cause a notice to be published in the manner provided by law setting forth the nature,
duration, service and amount of the Agreement and that the resolution and Agreement are on file
in the Office of the Township Clerk and are available for public inspection
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1
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT made the day of , 2020, between the
Township of Teaneck (hereinafter referred to as "Township") having its offices at 818 Teaneck
Road, Teaneck, New Jersey 07666, and Marc A. Calello, Esq., having offices c/o MA Calello
PC, 395 Franklin Street, Bloomfield, New Jersey 07003 (hereinafter referred to as the
“Attorney”).
WITNESSETH
WHEREAS, the Township Council of the Township of Teaneck is in need of Municipal
Prosecutors for the period of July 1, 2020 through June 30, 2021; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a Professional services contract for such services without competitive bidding by reason
that such services constitute "Professional services" which are services rendered or performed by a
person authorized by law to practice a recognized profession, whose practice is regulated by law
and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as distinguished
from general academic instruction or apprenticeship; and
WHEREAS, the Township Council wishes to appoint the above named Attorney as a
Co-Municipal Prosecutors for the Township of Teaneck for the period from July 1, 2020 through
June 30, 2021, as a “Non-Fair and Open” contract as defined in N.J.S.A. 19:44A-20.5, by reason of
their knowledge and; and
WHEREAS, the Township Manager has determined and certified in writing that the
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anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Attorney hereinafter named has completed and submitted a Business
Entity Disclosure Certification which certifies that he or she has not made any reportable
contributions to a political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq. or,
pursuant to P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 4029 of the
Township of Teaneck which would bar the award of this contract in the previous one year period
preceding the award of this contract, and that the contract will prohibit him or her from making any
reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this contract
is available;
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment;
NOW, THEREFORE, in exchange for the mutual promises and covenants contained
herein, and for other valuable consideration, the parties agree as follows:
1. Term of Office and Duties. The Attorney shall serve as the Co-Prosecutor for a
period commencing upon execution of the contract and ending June 30, 2021. The duties of
Attorney shall be as set forth in the Teaneck Township Code and as set forth in the Request for
Qualifications and Proposals, which is hereby incorporated herein by reference.
2. Compensation. The Attorney shall be paid the sum of $250.00 per each A.M. and
P.M. court session for the professional services rendered pursuant to this Contract unless
specifically set forth herein. Said sum shall be paid monthly. Additionally, Attorney shall be
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compensated for out-of-pocket disbursements incurred in connection with rendering such
professional services.
3. Independent Attorney. Attorney is an independent contractor and as such
Attorney shall be paid solely as an independent contractor pursuant to this professional services
contract and shall not be deemed an employee of the Township requiring the payment of benefits
or other form of compensation.
4. Modification, Waiver, and Construction.
A. This Contract shall not be modified unless the modification is in writing
and is signed by authorized representatives of both parties.
B. The failure of either party to require the performance of any term or
obligation under this Contract, or the waiver by either party of any breach of this Contract, shall
not prevent a subsequent enforcement of the term or obligation or be deemed a waiver of any
subsequent breach.
C. This Contract shall be construed in accordance with the laws of the State
of the New Jersey.
5. Non-discrimination and Equal Employment Opportunity. Attorney shall
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, including the
requirements as set forth in Exhibit A, annexed hereto and made a part hereof.
6. Political Contribution Disclosure. This contract has been awarded to the
Attorney based on the merits and abilities of the Attorney to provide the goods or services as
described herein. This contract was awarded through a “non-fair and open process” pursuant to
N.J.S.A. 19:44A-20.4 et seq. The Attorney, by signing below, attests that the Attorney, its
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subsidiaries, assigns or principals controlling in excess of 10% of the Attorney company has
neither made a contribution, that is reportable to the Election Law Enforcement Commission
pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the
contract that would, pursuant to P.L. 2007, c. 19, as amended by P.L. 2005, c. 51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck which would affect its eligibility to perform this
contract, nor will it make a reportable contribution during the term of this contract to any political
party committee in the Township of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract is awarded, or to any
candidate committee of any person serving in an elective public office of the Township of Teaneck
when the contract is awarded or to any other political party, campaign or organization referred to in
Ordinance 19-2017 of the Township of Teaneck in excess of the amounts provided therein.
7. Business Registration. The Attorney shall comply with the provisions of N.J.S.A.
52:32-44 et seq. respecting the New Jersey Business Registration requirements.
8. Local Government Ethics Law. Attorney shall comply with the provisions of
the Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.) and shall, if he has not done so
already, complete and file a financial disclosure statement within 30 days of his appointment
pursuant to N.J.S.A. 40A:9-22.6.
9. Disputes. If a dispute arises out of or relating to this contract or the breach thereof
and if said dispute cannot be settled through direct discussions between the Attorney Attorney and
representatives of the Township, the parties agree to first endeavor to settle the dispute in an
amicable manner by mediation prior to accessing the judicial system for settlement. The parties
shall each designate a proposed mediator. If the parties cannot agree upon one of the two
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mediators, the two mediators shall select a third mediator. The costs for any mediation will be
divided equally between the Auditor and the Township except that the expenses of any witnesses
for either side shall be paid by the party producing such witness. In the event the dispute shall not
be able to be resolved through mediation, either party may institute a suit only in the Superior
Court of New Jersey with a venue of Bergen County and both parties agree to submit themselves to
both personal jurisdiction and subject matter jurisdiction in said court.
10. Iranian Investment Disclosure: The Attorney shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a
proposal or otherwise proposes to enter into or renew a contract must complete the certification
provided herewith, under penalty of perjury, that the person or entity, or one of the person’s or
entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
11. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in writing
by the parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of
any other provisions, nor shall such waiver constitute a continuing waiver unless so expressly
provided. This Contract shall supersede any prior Agreements between the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATTEST: Township of Teaneck
By: By:
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Doug Ruccione, Acting Municipal Clerk , Mayor
WITNESS:
By: By:
Marc A. Calello
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the Contractor agrees as follows:
The Contractor or subContractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national, origin, ancestry, marital status,
affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, 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, affectional or sexual orientation or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation or sex.
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 workers’ 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.
The Contractor or subContractor where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and
the Americans with Disabilities Act.
The Contractor or subContractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to N.J.A.C. 17:27-5.2.
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The Contractor or subContractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which
engages in direct or indirect discriminatory practices.
The Contractor or subContractor agrees to revise any of its testing procedures, if necessary, to assure
that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual
orientation or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable
Federal law and applicable Federal court decisions.
The Contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The Contractor and its subContractor shall furnish such reports or other documents to the Division of
Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by
the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C.17:27.
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PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT made the day of , 2020, between the
Township of Teaneck (hereinafter referred to as "Township") having its offices at 818 Teaneck
Road, Teaneck, New Jersey 07666, and Michael L. Kingman, Esq., having offices c/o Diktas
Gillen, PC, 596 Andersen Avenue, Suite 301, Cliffside Park, N.J. 07010 (hereinafter referred to as
the “Attorney”).
WITNESSETH
WHEREAS, the Township Council of the Township of Teaneck is in need of Municipal
Prosecutors for the period of July 1, 2020 through June 30, 2021; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a Professional services contract for such services without competitive bidding by reason
that such services constitute "Professional services" which are services rendered or performed by a
person authorized by law to practice a recognized profession, whose practice is regulated by law
and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as distinguished
from general academic instruction or apprenticeship; and
WHEREAS, the Township Council wishes to appoint the above named Attorney as a
Co-Municipal Prosecutors for the Township of Teaneck for the period from July 1, 2020 through
June 30, 2021, as a “Non-Fair and Open” contract as defined in N.J.S.A. 19:44A-20.5, by reason of
their knowledge and; and
WHEREAS, the Township Manager has determined and certified in writing that the
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anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Attorney hereinafter named has completed and submitted a Business
Entity Disclosure Certification which certifies that he or she has not made any reportable
contributions to a political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq. or,
pursuant to P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 4029 of the
Township of Teaneck which would bar the award of this contract in the previous one year period
preceding the award of this contract, and that the contract will prohibit him or her from making any
reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this contract
is available;
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment;
NOW, THEREFORE, in exchange for the mutual promises and covenants contained
herein, and for other valuable consideration, the parties agree as follows:
1. Term of Office and Duties. The Attorney shall serve as the Co-Prosecutor for a
period commencing upon execution of the contract and ending June 30, 2021. The duties of
Attorney shall be as set forth in the Teaneck Township Code and as set forth in the Request for
Qualifications and Proposals, which is hereby incorporated herein by reference.
2. Compensation. The Attorney shall be paid the sum of $250.00 per each A.M. and
P.M. court session for the professional services rendered pursuant to this Contract unless
specifically set forth herein. Said sum shall be paid monthly. Additionally, Attorney shall be
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compensated for out-of-pocket disbursements incurred in connection with rendering such
professional services.
3. Independent Attorney. Attorney is an independent contractor and as such
Attorney shall be paid solely as an independent contractor pursuant to this professional services
contract and shall not be deemed an employee of the Township requiring the payment of benefits
or other form of compensation.
4. Modification, Waiver, and Construction.
A. This Contract shall not be modified unless the modification is in writing
and is signed by authorized representatives of both parties.
B. The failure of either party to require the performance of any term or
obligation under this Contract, or the waiver by either party of any breach of this Contract, shall
not prevent a subsequent enforcement of the term or obligation or be deemed a waiver of any
subsequent breach.
C. This Contract shall be construed in accordance with the laws of the State
of the New Jersey.
5. Non-discrimination and Equal Employment Opportunity. Attorney shall
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, including the
requirements as set forth in Exhibit A, annexed hereto and made a part hereof.
6. Political Contribution Disclosure. This contract has been awarded to the
Attorney based on the merits and abilities of the Attorney to provide the goods or services as
described herein. This contract was awarded through a “non-fair and open process” pursuant to
N.J.S.A. 19:44A-20.4 et seq. The Attorney, by signing below, attests that the Attorney, its
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subsidiaries, assigns or principals controlling in excess of 10% of the Attorney company has
neither made a contribution, that is reportable to the Election Law Enforcement Commission
pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the
contract that would, pursuant to P.L. 2007, c. 19, as amended by P.L. 2005, c. 51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck which would affect its eligibility to perform this
contract, nor will it make a reportable contribution during the term of this contract to any political
party committee in the Township of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract is awarded, or to any
candidate committee of any person serving in an elective public office of the Township of Teaneck
when the contract is awarded or to any other political party, campaign or organization referred to in
Ordinance 19-2017 of the Township of Teaneck in excess of the amounts provided therein.
7. Business Registration. The Attorney shall comply with the provisions of N.J.S.A.
52:32-44 et seq. respecting the New Jersey Business Registration requirements.
8. Local Government Ethics Law. Attorney shall comply with the provisions of
the Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.) and shall, if he has not done so
already, complete and file a financial disclosure statement within 30 days of his appointment
pursuant to N.J.S.A. 40A:9-22.6.
9. Disputes. If a dispute arises out of or relating to this contract or the breach thereof
and if said dispute cannot be settled through direct discussions between the Attorney Attorney and
representatives of the Township, the parties agree to first endeavor to settle the dispute in an
amicable manner by mediation prior to accessing the judicial system for settlement. The parties
shall each designate a proposed mediator. If the parties cannot agree upon one of the two
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mediators, the two mediators shall select a third mediator. The costs for any mediation will be
divided equally between the Auditor and the Township except that the expenses of any witnesses
for either side shall be paid by the party producing such witness. In the event the dispute shall not
be able to be resolved through mediation, either party may institute a suit only in the Superior
Court of New Jersey with a venue of Bergen County and both parties agree to submit themselves to
both personal jurisdiction and subject matter jurisdiction in said court.
10. Iranian Investment Disclosure: The Attorney shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a
proposal or otherwise proposes to enter into or renew a contract must complete the certification
provided herewith, under penalty of perjury, that the person or entity, or one of the person’s or
entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
11. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in writing
by the parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of
any other provisions, nor shall such waiver constitute a continuing waiver unless so expressly
provided. This Contract shall supersede any prior Agreements between the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATTEST: Township of Teaneck
By: By:
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Doug Ruccione, Acting Municipal Clerk , Mayor
WITNESS:
By: By:
Michael L. Kingman
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the Contractor agrees as follows:
The Contractor or subContractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national, origin, ancestry, marital status,
affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, 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, affectional or sexual orientation or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation or sex.
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 workers’ 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.
The Contractor or subContractor where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and
the Americans with Disabilities Act.
The Contractor or subContractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to N.J.A.C. 17:27-5.2.
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The Contractor or subContractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which
engages in direct or indirect discriminatory practices.
The Contractor or subContractor agrees to revise any of its testing procedures, if necessary, to assure
that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual
orientation or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable
Federal law and applicable Federal court decisions.
The Contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The Contractor and its subContractor shall furnish such reports or other documents to the Division of
Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by
the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C.17:27.
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PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT made the day of , 2020, between the
Township of Teaneck (hereinafter referred to as "Township") having its offices at 818 Teaneck
Road, Teaneck, New Jersey 07666, and Linda H. Schwager, Esq., having offices at 195 Ramapo
Valley Road, Oakland, N.J. 07436 (hereinafter referred to as the “Attorney”).
WITNESSETH
WHEREAS, the Township Council of the Township of Teaneck is in need of Municipal
Prosecutors for the period of July 1, 2020 through June 30, 2021; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a Professional services contract for such services without competitive bidding by reason
that such services constitute "Professional services" which are services rendered or performed by a
person authorized by law to practice a recognized profession, whose practice is regulated by law
and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as distinguished
from general academic instruction or apprenticeship; and
WHEREAS, the Township Council wishes to appoint the above named Attorney as a
Co-Municipal Prosecutor for the Township of Teaneck for the period from July 1, 2020 through
June 30, 2021, as a “Non-Fair and Open” contract as defined in N.J.S.A. 19:44A-20.5, by reason of
their knowledge and; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
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WHEREAS, the Attorney hereinafter named has completed and submitted a Business
Entity Disclosure Certification which certifies that he or she has not made any reportable
contributions to a political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq. or,
pursuant to P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 4029 of the
Township of Teaneck which would bar the award of this contract in the previous one year period
preceding the award of this contract, and that the contract will prohibit him or her from making any
reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this contract
is available;
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment;
NOW, THEREFORE, in exchange for the mutual promises and covenants contained
herein, and for other valuable consideration, the parties agree as follows:
1. Term of Office and Duties. The Attorney shall serve as the Co-Prosecutor for a
period commencing upon execution of the contract and ending June 30, 2021. The duties of
Attorney shall be as set forth in the Teaneck Township Code and as set forth in the Request for
Qualifications and Proposals, which is hereby incorporated herein by reference.
2. Compensation. The Attorney shall be paid the sum of $250.00 per each A.M. and
P.M. court session for the professional services rendered pursuant to this Contract unless
specifically set forth herein. Said sum shall be paid monthly. Additionally, Attorney shall be
compensated for out-of-pocket disbursements incurred in connection with rendering such
professional services.
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3. Independent Attorney. Attorney is an independent contractor and as such
Attorney shall be paid solely as an independent contractor pursuant to this professional services
contract and shall not be deemed an employee of the Township requiring the payment of benefits
or other form of compensation.
4. Modification, Waiver, and Construction.
A. This Contract shall not be modified unless the modification is in writing
and is signed by authorized representatives of both parties.
B. The failure of either party to require the performance of any term or
obligation under this Contract, or the waiver by either party of any breach of this Contract, shall
not prevent a subsequent enforcement of the term or obligation or be deemed a waiver of any
subsequent breach.
C. This Contract shall be construed in accordance with the laws of the State
of the New Jersey.
5. Non-discrimination and Equal Employment Opportunity. Attorney shall
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, including the
requirements as set forth in Exhibit A, annexed hereto and made a part hereof.
6. Political Contribution Disclosure. This contract has been awarded to the
Attorney based on the merits and abilities of the Attorney to provide the goods or services as
described herein. This contract was awarded through a “non-fair and open process” pursuant to
N.J.S.A. 19:44A-20.4 et seq. The Attorney, by signing below, attests that the Attorney, its
subsidiaries, assigns or principals controlling in excess of 10% of the Attorney company has
neither made a contribution, that is reportable to the Election Law Enforcement Commission
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pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the
contract that would, pursuant to P.L. 2007, c. 19, as amended by P.L. 2005, c. 51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck which would affect its eligibility to perform this
contract, nor will it make a reportable contribution during the term of this contract to any political
party committee in the Township of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract is awarded, or to any
candidate committee of any person serving in an elective public office of the Township of Teaneck
when the contract is awarded or to any other political party, campaign or organization referred to in
Ordinance 19-2017 of the Township of Teaneck in excess of the amounts provided therein.
7. Business Registration. The Attorney shall comply with the provisions of N.J.S.A.
52:32-44 et seq. respecting the New Jersey Business Registration requirements.
8. Local Government Ethics Law. Attorney shall comply with the provisions of
the Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.) and shall, if he has not done so
already, complete and file a financial disclosure statement within 30 days of his appointment
pursuant to N.J.S.A. 40A:9-22.6.
9. Disputes. If a dispute arises out of or relating to this contract or the breach thereof
and if said dispute cannot be settled through direct discussions between the Attorney Attorney and
representatives of the Township, the parties agree to first endeavor to settle the dispute in an
amicable manner by mediation prior to accessing the judicial system for settlement. The parties
shall each designate a proposed mediator. If the parties cannot agree upon one of the two
mediators, the two mediators shall select a third mediator. The costs for any mediation will be
divided equally between the Auditor and the Township except that the expenses of any witnesses
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for either side shall be paid by the party producing such witness. In the event the dispute shall not
be able to be resolved through mediation, either party may institute a suit only in the Superior
Court of New Jersey with a venue of Bergen County and both parties agree to submit themselves to
both personal jurisdiction and subject matter jurisdiction in said court.
10. Iranian Investment Disclosure: The Attorney shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a
proposal or otherwise proposes to enter into or renew a contract must complete the certification
provided herewith, under penalty of perjury, that the person or entity, or one of the person’s or
entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
11. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in writing
by the parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of
any other provisions, nor shall such waiver constitute a continuing waiver unless so expressly
provided. This Contract shall supersede any prior Agreements between the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATTEST: Township of Teaneck
By: By:
Doug Ruccione, Acting Municipal Clerk , Mayor
WITNESS:
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By: By:
Linda H. Schwager
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the Contractor agrees as follows:
The Contractor or subContractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national, origin, ancestry, marital status,
affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, 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, affectional or sexual orientation or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation or sex.
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 workers’ 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.
The Contractor or subContractor where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and
the Americans with Disabilities Act.
The Contractor or subContractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to N.J.A.C. 17:27-5.2.
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The Contractor or subContractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which
engages in direct or indirect discriminatory practices.
The Contractor or subContractor agrees to revise any of its testing procedures, if necessary, to assure
that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual
orientation or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable
Federal law and applicable Federal court decisions.
The Contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The Contractor and its subContractor shall furnish such reports or other documents to the Division of
Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by
the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C.17:27.
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OF
Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Appointment DOC ID: 6061
RESOLUTION 115-2020
Page 1
APPOINTING AN ALTERNATE PUBLIC DEFENDER FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING A CONTRACT THEREFOR
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Resolution 115-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
115-2020
APPOINTING AN ALTERNATE PUBLIC DEFENDER FOR THE
TOWNSHIP OF TEANECK AND AUTHORIZING A CONTRACT
THEREFOR
WHEREAS, N.J.S.A. 2B:24-3 requires the government bodies of every local unit of
government in New Jersey to have a public defender; and
WHEREAS, in the event the public defender is unavailable or has a conflict which would
preclude his appearance in a matter, the Township needs the services of an alternate public
defender; and
WHEREAS, a contract for such services may be awarded without competitive bidding
by reason that such services constitute "professional services" which are services rendered or
performed by a person authorized by law to practice a recognized profession, whose practice is
regulated by law and the performance of which services requires knowledge of an advanced type
in a field of learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council finds that it would be in the best interests of the
Township of Teaneck to award a contract for such services to Navarro W. Gray, Esq., based on
his professional experience as a public defender; and
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment; and
WHEREAS, the services to be rendered under this Agreement require a written
agreement specifying the services to be performed and the compensation to be paid; and
WHEREAS, this contract has been awarded pursuant to N.J.S.A. 19:44A-20.5 as a
“Non-Fair and Open” contract as defined therein; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Attorney has completed and submitted a Business Entity Disclosure
Certification which certifies that the Attorney has not made any reportable contributions to a
political or candidate committee in the Township of Teaneck in the previous one year period
preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck, which would bar the award of this contract, and that the contract will prohibit the
Attorney from making any reportable contributions during the term of the contract; and
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Resolution 115-2020 Meeting of July 1, 2020
Page 3
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this
contract is available;
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township
of Teaneck that Navarro W. Gray, Esq., having offices c/o The Gray Law Firm, LLC, 10 Banta
Place, Suite 114, Hackensack, New Jersey 07601, be retained for supplying Professional
Attorney Services as alternate public defender for the Township of Teaneck for the term
commencing July 1, 2020 and expiring on June 30, 2021, and that the Mayor is hereby
authorized to execute, and the Township Clerk to attest, an Agreement to carry out the foregoing,
of a form approved by the Township Attorney, a copy of which is on file in the Office of the
Township Clerk and is available for public inspection; and
BE IT FURTHER RESOLVED, that Navarro W. Gray, Esq., be required to comply
with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; and
BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to
cause a notice to be published in the manner provided by law setting forth the nature, duration,
service and amount of the Agreement and that the resolution and Agreement are on file in the
Office of the Township Clerk and are available for public inspection.
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1
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT made the day of , 2020, between the
Township of Teaneck (hereinafter referred to as "Township") having its offices at 818 Teaneck
Road, Teaneck, New Jersey 07666, and Navarro W. Gray, Esq., c/o The Gray Law Group, LLC, 10
Banta Place, Suite 113, Hackensack, New Jersey 07601 (hereinafter referred to as “Attorney””).
WITNESSETH
WHEREAS, N.J.S.A. 2B:24-3 requires the government bodies of every local unit of
government in New Jersey to have a public defender; and
WHEREAS, in the event the public defender is unavailable or has a conflict which would
preclude his appearance in a matter, the Township needs the services of an alternate public
defender; and
WHEREAS, a contract for such services may be awarded without competitive bidding by
reason that such services constitute "professional services" which are services rendered or
performed by a person authorized by law to practice a recognized profession, whose practice is
regulated by law and the performance of which services requires knowledge of an advanced type
in a field of learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council finds that it would be in the best interests of the
Township of Teaneck to award a contract for such services to Navarro W. Gray, Esq., based on his
professional experience as a public defender; and
WHEREAS, the services to be rendered under this Agreement require a written agreement
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specifying the services to be performed and the compensation to be paid; and
WHEREAS, this contract has been awarded pursuant to N.J.S.A. 19:44A-20.5 as a
“Non-Fair and Open” contract as defined therein; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Attorney has completed and submitted a Business Entity Disclosure
Certification which certifies that the Attorney has not made any reportable contributions to a
political or candidate committee in the Township of Teaneck in the previous one year period
preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck, which would bar the award of this contract, and that the contract will prohibit the
Attorney from making any reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this contract
is available; and
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment;
NOW, THEREFORE, in exchange for the mutual promises and covenants contained
herein, and for other valuable consideration, the parties agree as follows:
1. Term of Office and Duties. The Attorney shall serve as the Alternate Public
Defender for a period commencing upon execution of the contract and ending June 30, 2021. The
duties of Attorney shall be as set forth in the Teaneck Township Code and as set forth in the
Request for Qualifications and Proposals, which is hereby incorporated herein by reference.
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2. Compensation. The Attorney shall be paid the sum of $250.00 per each A.M. and
P.M. court session for the professional services rendered pursuant to this Contract unless
specifically set forth herein. Said sum shall be paid monthly. Additionally, Attorney shall be
compensated for out-of-pocket disbursements incurred in connection with rendering such
professional services.
3. Independent Contractor. Attorney is an independent contractor and as such
Attorney shall be paid solely as an independent contractor pursuant to this professional services
contract and shall not be deemed an employee of the Township requiring the payment of benefits
or other form of compensation.
4. Modification, Waiver, and Construction.
A. This Contract shall not be modified unless the modification is in writing
and is signed by authorized representatives of both parties.
B. The failure of either party to require the performance of any term or
obligation under this Contract, or the waiver by either party of any breach of this Contract, shall
not prevent a subsequent enforcement of the term or obligation or be deemed a waiver of any
subsequent breach.
C. This Contract shall be construed in accordance with the laws of the State
of the New Jersey.
5. Non-discrimination and Equal Employment Opportunity. Attorney shall
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, including the
requirements as set forth in Exhibit A, annexed hereto and made a part hereof.
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6. Political Contribution Disclosure. This contract has been awarded to the
Attorney based on the merits and abilities of the Attorney to provide the goods or services as
described herein. This contract was awarded through a “fair and open process” pursuant to
N.J.S.A. 19:44A-20.4 et seq. The Attorney, by signing below, attests that the Attorney, its
subsidiaries, assigns or principals controlling in excess of 10% of the Attorney company has
neither made a contribution, that is reportable to the Election Law Enforcement Commission
pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the
contract that would, pursuant to P.L. 2007, c. 19, as amended by P.L. 2005, c. 51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck which would affect its eligibility to perform this
contract, nor will it make a reportable contribution during the term of this contract to any political
party committee in the Township of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract is awarded, or to any
candidate committee of any person serving in an elective public office of the Township of Teaneck
when the contract is awarded or to any other political party, campaign or organization referred to in
Ordinance 19-2017 of the Township of Teaneck in excess of the amounts provided therein.
7. Business Registration. The Attorney shall comply with the provisions of N.J.S.A.
52:32-44 et seq. respecting the New Jersey Business Registration requirements.
8. Local Government Ethics Law. Attorney shall comply with the provisions of
the Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.) and shall, if he has not done so
already, complete and file a financial disclosure statement within 30 days of his appointment
pursuant to N.J.S.A. 40A:9-22.6.
9. Disputes. If a dispute arises out of or relating to this contract or the breach thereof
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and if said dispute cannot be settled through direct discussions between the Attorney and
representatives of the Township, the parties agree to first endeavor to settle the dispute in an
amicable manner by mediation prior to accessing the judicial system for settlement. The parties
shall each designate a proposed mediator. If the parties cannot agree upon one of the two
mediators, the two mediators shall select a third mediator. The costs for any mediation will be
divided equally between the Auditor and the Township except that the expenses of any witnesses
for either side shall be paid by the party producing such witness. In the event the dispute shall not
be able to be resolved through mediation, either party may institute a suit only in the Superior
Court of New Jersey with a venue of Bergen County and both parties agree to submit themselves to
both personal jurisdiction and subject matter jurisdiction in said court.
10. Iranian Investment Disclosure: The Attorney shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a
proposal or otherwise proposes to enter into or renew a contract must complete the certification
provided herewith, under penalty of perjury, that the person or entity, or one of the person’s or
entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
11. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in writing
by the parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of
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any other provisions, nor shall such waiver constitute a continuing waiver unless so expressly
provided. This Contract shall supersede any prior Agreements between the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATTEST: Township of Teaneck
By: By:
Doug Ruccione, Acting Municipal Clerk , Mayor
WITNESS:
By: By:
Navarro W. Gray, Esq.
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national, origin, ancestry, marital status,
affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, 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, affectional or sexual orientation or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation or sex.
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 workers’ 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.
The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and
the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to N.J.A.C. 17:27-5.2.
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The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which
engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that
all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual
orientation or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable
Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports or other documents to the Division of
Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by
the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C.17:27.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Appointment DOC ID: 6062
RESOLUTION 116-2020
Page 1
APPOINTING OF THE LAW FIRM OF WILENTZ GOLDMAN & SPITZER AS BOND COUNSEL FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING A
PROFESSIONAL SERVICES CONTRACT THEREFOR
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Resolution 116-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
116-2020
APPOINTING OF THE LAW FIRM OF WILENTZ GOLDMAN &
SPITZER AS BOND COUNSEL FOR THE TOWNSHIP OF TEANECK
AND AUTHORIZING A PROFESSIONAL SERVICES CONTRACT
THEREFOR
WHEREAS, the Township of Teaneck is in need of professional legal services to serve as bond
counsel; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council finds that it would be in the best interests of the
Township of Teaneck to award a contract for such services to Wilentz Goldman & Spitzer, based
on its experience as bond counsel for other municipalities pursuant to N.J.S.A. 19:44A-20.5 as a
“Non-Fair and Open” contract as defined therein; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, Wilentz Goldman & Spitzer has completed and submitted a Business Entity
Disclosure Certification which certifies that Wilentz Goldman & Spitzer has not made any
reportable contributions to a political or candidate committee in the previous one year period
preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et seq. or, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck which would bar the award of this contract, and that the contract will prohibit Wilentz
Goldman & Spitzer from making any reportable contributions during the term of the contract;
and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for these
contracts are available and that a copy of such Certificate shall be attached to the original of this
resolution and be on file on the office of the Township Clerk and available for public inspection;
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township
of Teaneck that Wilentz Goldman & Spitzer with an office at 90 Woodbridge Center Drive,
Woodbridge, N.J. 07095 be retained for supplying Professional Attorney Services as bond
counsel for the Township of Teaneck as specified in their proposal for a one year term effective
July 1, 2020 and expiring June 30, 2021, and that the Mayor is hereby authorized to execute, and
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Resolution 116-2020 Meeting of July 1, 2020
Page 3
the Township Clerk to attest, an Agreement to carry out the foregoing, of a form approved by the
Township Attorney, in accordance with their proposal, a copy of which is on file in the Office of
the Township Clerk and is available for public inspection; and
BE IT FURTHER RESOLVED, that Wilentz Goldman & Spitzer be required to
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; and
BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to
cause a notice to be published in the manner provided by law setting forth the nature, duration,
service and amount of the Agreement and that the resolution and Agreement are on file in the
Office of the Township Clerk and are available for public inspection.
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made this day of , 20__, between the TOWNSHIP
OF TEANECK (hereinafter referred to as "TOWNSHIP") having its offices at 818 Teaneck
Road, Teaneck, New Jersey 07666, and the law firm of WILENTZ GOLDMAN & SPITZER
with an office at 90 Woodbridge Center Drive, Woodbridge, N.J. 07095 (hereinafter referred to
as "ATTORNEY").
WITNESSETH
WHEREAS, the Township of Teaneck is in need of professional legal services to serve
as bond counsel; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes the
award of a professional services contract for such services without competitive bidding by reason
that such services constitute "professional services" which are services rendered or performed by
a person authorized by law to practice a recognized profession, whose practice is regulated by
law and the performance of which services requires knowledge of an advanced type in a field of
learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship;
WHEREAS, the Township Council finds that it would be in the best interests of the
Township of Teaneck to award a contract for such services to Wilentz Goldman & Spitzer, based
on its experience as bond counsel for other municipalities pursuant to N.J.S.A. 19:44A-20.5 as a
“Non-Fair and Open” contract as defined therein; and
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such award; and
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WHEREAS, the services to be rendered under this Agreement require a written
agreement specifying the services to be performed and the compensation to be paid; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, the ATTORNEY has completed and submitted a Business Entity
Disclosure Certification which certifies that the ATTORNEY has not made any reportable
contributions to a political or candidate committee in the previous one year period preceding the
award of this contract, pursuant to N.J.S.A. 19:44A-1 et seq. and pursuant to P.L. 2004, c.19, as
amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of Teaneck
which would bar the award of this contract, and that the contract will prohibit the ATTORNEY
from making any reportable contributions during the term of the contract; and
WHEREAS, the Township Council of the TOWNSHIP has authorized the Mayor and
the Clerk to execute an Agreement between the TOWNSHIP and the ATTORNEY;
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, it is
agreed as follows:
1. Services to be Rendered. The ATTORNEY shall perform any and all services
necessary and proper relating to the issuance of municipal bonds and notes (when requested) of
the Township, including the preparation of ordinances as requested, and upon being furnished
the necessary information, preparation of sale proceedings, including work required in the
preparation of the offering materials, supervision of sale and delivery of the bonds and furnishing
of legal opinions.
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2. Compensation. When bonds and notes are issued, the ATTORNEY shall be
compensated for services rendered to the Township in accordance with the Fee Schedule
attached hereto as Exhibit B and made a part hereof. In the event that a bond or note sale is held,
but all bids are rejected, or the sale is canceled, the fee to be charged shall be a reasonable one,
based on the services performed. Compensation for the preparation or review of ordinances shall
be in accordance with such Schedule. Services rendered beyond the scope described above shall
be billed at the hourly rate in effect when the services are rendered.
3. Payment. No appropriation is required for this Agreement because the appropriations
to pay such fees are appropriated in the bond ordinances and are chargeable to the cost of the
improvements. Appropriations to pay for services rendered not included in the bond ordinances
will be made as required.
4. Materials. All papers, documents, memoranda, reports and other materials prepared
by the ATTORNEY under this Agreement, at the request of the Township, shall be and remain
the property of the Township.
5. Term of this Agreement. The term of this Agreement shall be retroactive to July 1,
2020 and shall terminate on June 30, 2021.
6. Certification of Funds for Services. The Township, by its agent, servants and/or
employees, shall certify funds are available for this Agreement in accordance with N.J.A.C.
5:30-14.4 of the Rules and Regulations of the New Jersey Department of Community Affairs.
7. Equal Employment Opportunity. During the performance of this Agreement the
ATTORNEY shall comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.
17:27, including the requirements as set forth in Exhibit A, annexed hereto and made part hereof.
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8. Modification, Waiver and Construction.
a) This Agreement shall not be modified unless the modification is in writing and is
signed by authorized representatives of both parties.
b) The failure of either party to require the performance of any term or obligation of this
Agreement, or the waiver of either party to any breach of this Agreement, shall not prevent a
subsequent enforcement of any term or condition of this Agreement nor shall same be deemed to
constitute a waiver of any subsequent breach.
c) This Agreement shall be construed in accordance with the laws of the State of New
Jersey.
d) Disputes. If a dispute arises out of or relating to this contract or the breach thereof
and if said dispute cannot be settled through direct discussions between the parties, the parties
agree to first endeavor to settle the dispute in an amicable manner by mediation prior to
accessing the judicial system for settlement. The parties shall each designate a proposed
mediator. If the parties cannot agree upon one of the two mediators, the two mediators shall
select a third mediator. The costs for any mediation will be divided equally between the parties
except that the expenses of any witnesses for either side shall be paid by the party producing
such witness. In the event the dispute shall not be able to be resolved through mediation, either
party may institute a suit only in the Superior Court of New Jersey with a venue of Bergen
County and both parties agree to submit themselves to both personal jurisdiction and subject
matter jurisdiction in said court.
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9. Independent Contractor Status. The services to be rendered by the ATTORNEY
pursuant to the terms and conditions hereof shall be rendered as an independent contractor and
not as an employee of the TOWNSHIP.
10 Political Contribution Disclosure. This contract has been awarded to the
ATTORNEY based on the merits and abilities of the ATTORNEY to provide the goods or
services as described herein. This contract was awarded through a “fair and open process”
pursuant to N.J.S.A. 19:44A-20.4 et seq. As such, the ATTORNEY, by signing below, attests
that the ATTORNEY, its subsidiaries, assigns or principals controlling in excess of 10% of the
ATTORNEY company has neither made a contribution, that is reportable to the Election Law
Enforcement Commission pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year
period preceding the award of the contract, or pursuant to P.L. 2007, c. 19, as amended by P.L.
2005, c. 51, or Teaneck Ordinance 19-2017 which would affect its eligibility to perform this
contract, nor will it make a reportable contribution during the term of this contract to any
political party committee in the Township of Teaneck if a member of that political party is
serving in an elective public office of the Township of Teaneck when the contract is awarded, or
to any candidate committee of any person serving in an elective public office of the Township of
Teaneck when the contract is awarded or to any other candidate or political committee in excess
of the amounts permitted pursuant to Ordinance No. 19-2017. In addition, ATTORNEY
acknowledges and understands that this agreement shall not be authorized by the Township of
Teaneck until such time as the Township of Teaneck has received from ATTORNEY all
executed forms and certifications as required by State Law (if necessary) and Ordinance No. 19-
2017 of the Township of Teaneck.
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11. Business Registration. The ATTORNEY shall comply with the provisions of
N.J.S.A. 52:32-44 et seq. respecting the New Jersey Business Registration requirements.
12. Iranian Investment Disclosure. The ATTORNEY shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a bid
or otherwise proposes to enter into or renew a contract must complete the certification attached
hereto, under penalty of perjury, that the person or entity, or one of the person’s or entity’s
parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the
Department of the Treasury as a person or entity engaging in investment activities in Iran.
13. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in
writing by the parties. No waiver of any of the provisions of this Agreement shall constitute a
waiver of any other provisions, nor shall such waiver constitute a continuing waiver unless so
expressly provided.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
date set forth hereinabove.
TOWNSHIP OF TEANECK
____________________________ ______________________________
Doug Ruccione, Acting Township Clerk By: , Mayor
WITNESS: WILENTZ GOLDMAN & SPITZER
__________________________ ______________________________________
By:
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee
or applicant for employment because of age, race, creed, color, national, origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex. Except with respect to affectional or sexual orientation and gender identity or expression,
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, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex. Such action shall include, but not 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 nondiscrimination clause.
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, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
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 workers’ 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.
The contractor or subcontractor where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented
from time to time and the Americans with Disabilities Act.
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The contractor or subcontractor agrees to make good faith efforts to employ minority and
women workers consistent with the applicable county employment goals established in
accordance with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment
agencies including, but not limited to, employment agencies, placement bureaus, colleges,
universities, labor unions, that it does not discriminate on the basis of age, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation or sex, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory
practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to
assure that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual orientation or sex, consistent with the statutes and court decisions of
the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports or other documents to the
Division of Contract Compliance & EEO as may be requested by the Division from time to time
in order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Division of Contract Compliance & EEO for conducting
a compliance investigation pursuant to Subchapter 10 of the Administrative Code at
N.J.A.C.17:27.
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Exhibit B
FEE SCHEDULE
The fee for the approval of general obligations bonds at public sale consists of a base fee of
$5,000 plus a fee of $1.00 per $1,000 of bonds approved.
All issues of bonds regardless of the dollar amount require an additional $1,000 charge for
each series for an issue with multiple series of bonds.
Bond ordinances and other capital ordinances will be billed on the basis of $400 per ordinance
prepared or reviewed. Multipurpose ordinances will be billed at $750. There is no charge for
reviewing existing bond ordinances or other prior activities for new clients.
Issues for notes in anticipation of the issuance of bonds are based on a charge of $50 per
$100,000 of notes prepared, or fraction thereof, with a minimum of $500 for each issue of notes.
Disbursements are added separately as part of any billing.
The fee schedule does not cover matters requiring more than ordinary time and travel. Such
schedule also does not apply to general obligation refunding issues or to revenue bond issues.
Additional charges would be made for the public offering of bonds of the municipality and for an
offering of notes of the municipality involving the preparation of an offering statement to
accompany the Notice of Sale and the preparation of multiple notes. We do not bill separately
for time spent on telephone calls or routine legal research in the course of doing our regular work
for clients (bond ordinances, notes and bond issues). However, responses to inquiries involving
research on complicated questions of law, review or preparation of financing documents for
special financings, special tax counsel opinions, and attendance at meetings would be charged
separately at the following hourly rates: $150 for a partner, $125 for an of counsel, and $100 for
an associate.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Appointment DOC ID: 6063
RESOLUTION 117-2020
Page 1
APPOINTING THE PUBLIC DEFENDER FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING A CONTRACT THEREFOR
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Resolution 117-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
117-2020
APPOINTING THE PUBLIC DEFENDER FOR THE TOWNSHIP OF
TEANECK AND AUTHORIZING A CONTRACT THEREFOR
WHEREAS, N.J.S.A. 2B:24-3 requires the government bodies of every local unit of
government in New Jersey to have a public defender; and
WHEREAS, a contract for such services may be awarded without competitive bidding
by reason that such services constitute "professional services" which are services rendered or
performed by a person authorized by law to practice a recognized profession, whose practice is
regulated by law and the performance of which services requires knowledge of an advanced type
in a field of learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council finds that it would be in the best interests of the
Township of Teaneck to award a contract for such services to James A. Lewis V, Esq., based on
his professional experience as a public defender; and
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment; and
WHEREAS, the services to be rendered under this Agreement require a written
agreement specifying the services to be performed and the compensation to be paid; and
WHEREAS, this contract has been awarded pursuant to N.J.S.A. 19:44A-20.5 as a
“Non-Fair and Open” contract as defined therein; and
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Attorney has completed and submitted a Business Entity Disclosure
Certification which certifies that the Attorney has not made any reportable contributions to a
political or candidate committee in the Township of Teaneck in the previous one year period
preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck, which would bar the award of this contract, and that the contract will prohibit the
Attorney from making any reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this
contract is available;
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township
of Teaneck that James A. Lewis V, Esq., having offices c/o E. Pennington PC, 76 South Orange
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Resolution 117-2020 Meeting of July 1, 2020
Page 3
Avenue, Suite 213, South Orange, New Jersey 07079, be retained for supplying Professional
Attorney Services as public defender for the Township of Teaneck for the term commencing July
1, 2020 and expiring on June 30, 2021, and that the Mayor is hereby authorized to execute, and
the Township Clerk to attest, an Agreement to carry out the foregoing, of a form approved by the
Township Attorney, a copy of which is on file in the Office of the Township Clerk and is
available for public inspection; and
BE IT FURTHER RESOLVED, that James A. Lewis V, Esq., be required to comply
with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; and
BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to
cause a notice to be published in the manner provided by law setting forth the nature, duration,
service and amount of the Agreement and that the resolution and Agreement are on file in the
Office of the Township Clerk and are available for public inspection.
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1
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT made the day of , 201_, between the
Township of Teaneck (hereinafter referred to as "Township") having its offices at 818 Teaneck
Road, Teaneck, New Jersey 07666, and James A. Lewis V, Esq., having c/o E. Pennington PC, 76
S. Orange Avenue, Suite 213, South Orange, New Jersey 07079 (hereinafter referred to as
“Attorney”).
WITNESSETH
WHEREAS, N.J.S.A. 2B:24-3 requires the government bodies of every local unit of
government in New Jersey to have a public defender; and
WHEREAS, a contract for such services may be awarded without competitive bidding by
reason that such services constitute "professional services" which are services rendered or
performed by a person authorized by law to practice a recognized profession, whose practice is
regulated by law and the performance of which services requires knowledge of an advanced type
in a field of learning acquired by a prolonged formal course of specialized instruction ad study as
distinguished from general academic instruction or apprenticeship; and
WHEREAS, the Township Council finds that it would be in the best interests of the
Township of Teaneck to award a contract for such services to James A. Lewis V, Esq., based on his
professional experience as a public defender;
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment; and
WHEREAS, the services to be rendered under this Agreement require a written agreement
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specifying the services to be performed and the compensation to be paid; and
WHEREAS, this contract has been awarded pursuant to N.J.S.A. 19:44A-20.5 as a
“Non-Fair and Open” contract as defined therein
WHEREAS, the Township Manager has determined and certified in writing that the
anticipated payments under said contract may exceed $17,500; and
WHEREAS, the Attorney has completed and submitted a Business Entity Disclosure
Certification which certifies that the Attorney has not made any reportable contributions to a
political or candidate committee in the Township of Teaneck in the previous one year period
preceding the award of this contract, pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L.
2004, c.19, as amended by P.L. 2005, c.51, or pursuant to Ordinance 19-2017 of the Township of
Teaneck, which would bar the award of this contract, and that the contract will prohibit the
Attorney from making any reportable contributions during the term of the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds for this contract
is available;
WHEREAS, the parties wish to mutually set forth the compensation and terms and
conditions regarding such appointment;
NOW, THEREFORE, in exchange for the mutual promises and covenants
contained herein, and for other valuable consideration, the parties agree as follows:
1. Term of Office and Duties. The Attorney shall serve as Public Defender
commencing July 1, 2020 and ending June 30, 2021. The duties of Public Defender shall be as set
forth in the Teaneck Township Code.
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2. Compensation. The Attorney shall be paid the sum of $20,000.00 per year
(prorated for this Contract) for Public Defender services rendered pursuant to this Contract unless
specifically set forth herein. Said sum shall be paid in monthly installments of $2,833.33.
Additionally, Attorney shall be compensated for out-of-pocket disbursements incurred as Public
Defender. In the event Attorney is required to attend a Municipal Court session for to which he is
not assigned for the purpose of trying a case, or a special session for the purpose of trying a DWI
case, the Township shall pay Attorney for such time spent on an hourly rate of $150.00, with a cap
of $600.00 per case. The Township agrees to pay the Attorney for all legal services provided as
Attorney for the Civilian Complaint Review Board at an hourly rate of $150.00. Attorney shall
submit quarterly vouchers to the Township for any legal services billed for the Civilian Complaint
Review Board and attendance at unassigned Municipal Court sessions and special sessions for
DWI trials as well as out-of-pocket disbursements incurred as Public Defender.
3. Independent Contractor. Attorney is an independent Contractor and as such
Attorney shall be paid solely as an independent Contractor pursuant to this professional services
contract and shall not be deemed an employee of the Township requiring the payment of benefits
or other form of compensation.
4. Modification, Waiver, and Construction.
A. This Contract shall not be modified unless the modification is in writing
and is signed by authorized representatives of both parties.
B. The failure of either party to require the performance of any term or
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obligation of this Contract, or the waiver by either party of any breach of this Contract, shall not
prevent a subsequent enforcement of the term or obligation or be deemed a waiver of any
subsequent breach.
C. This Contract shall be construed in accordance with the laws of the State
of the New Jersey.
D. Disputes. If a dispute arises out of or relating to this contract or the breach
thereof and if said dispute cannot be settled through direct discussions between the parties, the
parties agree to first endeavor to settle the dispute in an amicable manner by mediation prior to
accessing the judicial system for settlement. The parties shall each designate a proposed
mediator. If the parties cannot agree upon one of the two mediators, the two mediators shall
select a third mediator. The costs for any mediation will be divided equally between the parties
except that the expenses of any witnesses for either side shall be paid by the party producing such
witness. In the event the dispute shall not be able to be resolved through mediation, either party
may institute a suit only in the Superior Court of New Jersey with a venue of Bergen County and
both parties agree to submit themselves to both personal jurisdiction and subject matter
jurisdiction in said court.
5. Non-discrimination and Equal Employment Opportunity. Attorney shall
comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, including the
requirements as set forth in Exhibit A, annexed hereto and made a part hereof.
6. Political Contribution Disclosure. This contract has been awarded to the
Attorney based on the merits and abilities of the Attorney to provide the goods or services as
described herein. This contract was awarded through a “fair and open process” pursuant to
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N.J.S.A. 19:44A-20.4 et seq. As such, the Attorney, by signing below, attests that the Attorney,
its subsidiaries, assigns or principals controlling in excess of 10% of the Attorney company has
neither made a contribution, that is reportable to the Election Law Enforcement Commission
pursuant to N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the
contract that would, pursuant to P.L. 2007, c. 19, as amended by P.L. 2005, c. 51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck which would affect its eligibility to perform this
contract, nor will it make a reportable contribution during the term of this contract to any political
party committee in the Township of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract is awarded, or to any
candidate committee of any person serving in an elective public office of the Township of Teaneck
when the contract is awarded or to any other political party, campaign or organization referred to in
Ordinance 19-2017 of the Township of Teaneck in excess of the amounts provided therein.
7. Business Registration. The Attorney shall comply with the provisions of N.J.S.A.
52:32-44 et seq. respecting the New Jersey Business Registration requirements.
8. Local Government Ethics Law. Attorney shall comply with the provisions of
the Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.) and shall, if he has not done so
already, complete and file a financial disclosure statement within 30 days of his appointment as
Public Defender pursuant to N.J.S.A. 40A:9-22.6.
9. Iranian Investment Disclosure. The Attorney shall comply with the
requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-55 et seq. (P.L. 2012, Chap. 25)
respecting the disclosure of investment activities in Iran. Any person or entity that submits a bid
or otherwise proposes to enter into or renew a contract must complete the certification attached
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hereto, under penalty of perjury, that the person or entity, or one of the person’s or entity’s parents,
subsidiaries, or affiliates, is not identified on a list created and maintained by the Department of the
Treasury as a person or entity engaging in investment activities in Iran.
10. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties pertaining to the subject matter hereof. No supplement, modification, wavier or
termination of this Agreement, or any provision hereof, shall be binding unless executed in writing
by the parties. No waiver of any of the provisions of this Agreement shall constitute a waiver of
any other provisions, nor shall such waiver constitute a continuing waiver unless so expressly
provided. This Contract shall supersede any prior Agreements between the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATTEST: Township of Teaneck
By: By:
Doug Ruccione, Acting Municipal Clerk , Mayor
WITNESS:
By: By:
James A. Lewis V, Esq.
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the Attorney agrees as follows:
The Contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national, origin, ancestry, marital status,
affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, the
Attorney 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, affectional or sexual orientation or sex. Such action shall include, but not 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 Attorney 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 nondiscrimination clause.
The Contractor or subcontractor, where applicable will, in all solicitations or advertisements for
employees placed by or on behalf of the Attorney, state that all qualified applicants will receive
consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation or sex.
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 workers’ representative of the
Attorney’s commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The Contractor or subcontractor where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and
the Americans with Disabilities Act.
The Contractor or subcontractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to N.J.A.C. 17:27-5.2.
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The Contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which
engages in direct or indirect discriminatory practices.
The Contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that
all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual
orientation or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable
Federal law and applicable Federal court decisions.
The Attorney shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The Attorney and its Contractor or subcontractor shall furnish such reports or other documents to the
Division of Contract Compliance & EEO as may be requested by the Division from time to time in order to
carry out the purposes of these regulations, and public agencies shall furnish such information as may be
requested by the Division of Contract Compliance & EEO for conducting a compliance investigation
pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.17:27.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Authorization DOC ID: 6064
RESOLUTION 118-2020
Page 1
AUTHORIZING PHILLIPS, PREISS, GRYGIEL, LEHENY, HUGHES LLC TO UNDERTAKE PLANNING CONSULTANT SERVICES ON BEHALF OF THE
TOWNSHIP OF TEANECK
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Resolution 118-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
118-2020
AUTHORIZING PHILLIPS, PREISS, GRYGIEL, LEHENY, HUGHES
LLC TO UNDERTAKE PLANNING CONSULTANT SERVICES ON
BEHALF OF THE TOWNSHIP OF TEANECK
WHEREAS, the Township Council of the Township is in need of the services of a
professional planning consultant to perform various professional planning services
including various redevelopment studies, investigation of areas in need of
redevelopment, and preparation of Zoning Ordinance amendments within the Township
of Teaneck; and
WHEREAS, such services constitute professional services as that term is defined
in N.J.S.A. 40A:11-2; and
WHEREAS, the Township of Teaneck has received a proposal therefor from
Phillips Preiss Grygiel Leheny Hughes LLC, Planning and Real Estate Consultants,
(hereinafter the “Consultant”), with office located at 33-41 Newark Street, Third Floor,
Suite D, Hoboken, N.J. 07030 to perform such professional planning services; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.)
authorizes the execution of professional services contracts without competitive bidding;
and
WHEREAS, the Township of Teaneck has previously retained the Consultant in
connection with prior Master Plan revisions, COAH matters, Energy Grant applications
and various other professional planning services; and
WHEREAS, the Township Council finds and concludes that it would be in the
best interests of the Township of Teaneck to enter into a professional services
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Resolution 118-2020 Meeting of July 1, 2020
Page 3
agreement with the Consultant based upon the Consultant’s expertise in planning
matters, extensive planning experience, familiarity with the Township of Teaneck and
the Consultant’s cost proposal; and
WHEREAS, the Municipal Manager has determined and certified in writing that
the anticipated payments under said contract will exceed $17,500; and
WHEREAS, the Consultant has completed and submitted a Business Entity
Disclosure Certification which certifies that the Consultant has not made any reportable
contributions to a political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq.
that, pursuant to P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck would bar the award of this contract in
the previous one year period preceding the award of this contract, and that the contract
will prohibit the Consultant from making any reportable contributions during the term of
the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds therefor
are available;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the
Township of Teaneck, Bergen County, New Jersey, that Phillips Preiss Grygiel Leheny
Hughes LLC, Planning and Real Estate Consultants, are hereby authorized to perform
various professional planning services including various redevelopment studies,
investigation of areas in need of redevelopment and preparation of Zoning Ordinance
amendments within the Township of Teaneck; and BE IT FURTHER
RESOLVED that the Township Attorneys are hereby authorized and directed to
prepare a professional services contract therefor between the Township of Teaneck and
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Resolution 118-2020 Meeting of July 1, 2020
Page 4
Phillips Preiss Grygiel Leheny Hughes LLC, Planning and Real Estate Consultants; and
BE IT FURTHER
RESOLVED that the Mayor is hereby authorized to sign and the Acting Township
Clerk to attest the aforesaid contract on behalf of the Township of Teaneck, subject to
the conditions set forth below; and BE IT FURTHER
RESOLVED that, subject to the preparation and execution of the foregoing
contract, the submission of a business registration statement, submission of a Teaneck
Business Entity Disclosure Certification, Statement of Ownership Disclosure and a
Political Contribution Disclosure Form which certifies that neither the firm nor its
principals have made any reportable contributions in the previous one year to a political
or candidate committee, or an elected official of the Township of Teaneck, P.A.C. or
campaign committee in excess of the limits established pursuant to N.J.S.A. 19:44A-1
et seq. or pursuant to P.L. 2004, c. 19, as amended by P.L. 2005, c. 51 or pursuant to
Ordinance 19-2017 of the Township of Teaneck, and that the contract will prohibit the
firm or its principals from making any reportable contribution through the term of the
contract, as required by State Law and said Teaneck Township Ordinance, and the
filing of a Certificate of Availability of Funds therefor, the Township Clerk is hereby
directed to cause a brief notice of this contract to be published in a newspaper
circulated within the Township of Teaneck stating the nature, duration, services and
amount of the contract and that a copy of the resolution and contract are to be
maintained on file with the Township Clerk and are available to be for public inspection
during regular business hours in the office of the Township Clerk
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1
CONTRACT FOR PLANNING SERVICES
This Agreement, made this day of , 20 , by
and between the Township of Teaneck (hereinafter referred to as
"Township"), having its offices at 818 Teaneck Road, Teaneck, New
Jersey 07666, and Phillips Preiss Grygiel Leheny Hughes LLC, Planning
and Real Estate Consultants, having their offices at 33-41 Newark
Street, Third Floor, Suite D, Hoboken, N.J. 07030 (hereinafter
referred to as "Professional Consultant")
WITNESSETH:
WHEREAS, the Township Council of the Township is in need of the
services of a professional planning consultant to perform various
professional planning services including various redevelopment
studies, investigation of areas in need of redevelopment, Master Plan
Reexamination Reports and preparation of Zoning Ordinance amendments
within the Township of Teaneck; and
WHEREAS, such services constitute professional services as that
term is defined in N.J.S.A. 40A:11-2; and
WHEREAS, the Township of Teaneck has received a proposal
therefor from Phillips Preiss Grygiel Leheny Hughes LLC, Planning
and Real Estate Consultants, (hereinafter the “Consultant”), with
office located at 33-41 Newark Street, Third Floor, Suite D, Hoboken,
N.J. 07030 to perform such professional planning services; and
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WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et
seq.) authorizes the execution of professional services contracts
without competitive bidding; and
WHEREAS, the Township of Teaneck has previously retained the
Consultant in connection with prior Master Plan revisions, COAH
matters, Energy Grant applications and various other professional
planning services; and
WHEREAS, the Township Council finds and concludes that it would
be in the best interests of the Township of Teaneck to enter into
a professional services agreement with the Consultant based upon the
Consultant’s expertise in planning matters, extensive planning
experience, familiarity with the Township of Teaneck and the
Consultant’s cost proposal; and
WHEREAS, the Municipal Manager has determined and certified in
writing that the anticipated payments under said contract will exceed
$17,500; and
WHEREAS, the Consultant has completed and submitted a Business
Entity Disclosure Certification which certifies that the Consultant
has not made any reportable contributions to a political or candidate
committee pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to
P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck would bar the award of
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this contract in the previous one year period preceding the award
of this contract, and that the contract will prohibit the Consultant
from making any reportable contributions during the term of the
contract; and
WHEREAS, the Chief Financial Officer has certified that
sufficient funds are available;
WHEREAS, the parties wish to mutually set forth the compensation
and terms and conditions regarding these additional services;
NOW, THEREFORE, in consideration of the mutual promises
hereinafter set forth, it is agreed as follows:
1. PROFESSIONAL SERVICES. The Professional Consultant
agrees to provide Teaneck with various professional planning
services as directed by the Township, which may include the
following:
(1) On-call Zoning and Master Plan reviews and Amendments, as
requested.
(2) Ongoing miscellaneous Zoning Amendments that may arise.
(3) Master Plans, Master Plan Amendments and/or Master Plan
Reexamination reports, as requested.
(4) Redevelopment Plan Studies, including Area in Need of
Redevelopment Investigations and preparation of
Redevelopment Plans, as requested.
(5) Review of applications before the Planning Board, Zoning
Board and Council, as requested.
(6) Serving as expert planners in any litigation against the
Township, including the Planning and Zoning Board, as
requested
(7) Provision of planning services related to Teaneck’s Fair
Share Housing Obligation, as requested.
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(8) Any and other planning-related services as may be
requested or authorized by the Township
2. Term: The term of this Agreement shall commence July 1, 2020
and continue until June 30, 2021, unless sooner terminated by the
Township of Teaneck. The Township of Teaneck may terminate this
Agreement at any time during the term hereof by giving Consultant
written notice thereof. At such time the Township will be billed for
all work performed by Consultant up to the time such notification
is received at the office of Consultant. If the Township fails to
make payments when due or otherwise is in breach of this Agreement,
Consultant may suspend performance five (5) days from the date of
providing notice to the Township. Consultant shall have no
liability whatsoever to the Client for any costs or damages as a
result of such suspension. Following suspension of services for
failure to make payment, work on the project shall only be resumed
when all invoices have been brought fully to date, including all
charges for late payment (including interest), has been replaced.
3. Compensation.
(a) The Township agrees to pay the Professional Consultant a
sum not to exceed the sum of $20,000.00 for the services set forth
in Paragraph 1 hereof, at the hourly billing rates set forth below:
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PHILLIPS PREISS GRYGIEL LEHENY HUGHES LLC
HOURLY BILLING RATES
FOR TOWNSHIP OF TEANECK
AS OF JANUARY 1, 2020
Staff person position hourly rate
Paul Phillips, Managing Principal $170
Richard Preiss, Principal $170
Paul Grygiel, Principal $150
Elizabeth Leheny, Principal $150
Keenan Hughes, Principal $150
Senior Associate $145
Senior Urban Designer $145
Associate $125
Senior Planner $125
Planner $115
Director of Graphics $115
Support $50
(b) Reimbursable Expenses. The Client shall pay Professional
Consultant for reimbursable expenses, including printing and
reproduction (except as noted in paragraph 3), courier and express
delivery services, bulk/special mailings, and travel expenses,
including and meals, for work involving travel to places more than
one hundred (100) miles from Professional Consultant’s office in
Hoboken, New Jersey.
(c) Non-Reimbursable Expenses. The Client shall not be
billed for the following ordinary administration and overhead:
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clerical and bookkeeping time related to the project, all telephone
and facsimile costs, costs of reproduction of up to ten (10) copies
of no more than one (1) draft and one (1) final copy of project
memorandums or reports, and travel expenses involving travel to
places less than one hundred (100) miles from Professional
Consultant’s office in Hoboken, New Jersey.
(d) Invoices. The Professional Consultant will submit
vouchers in the form provided for by the Township on a monthly basis.
Vouchers shall include a detailed statement of services rendered,
the date of such service, and the amount of time expended thereon,
all charged on an hourly basis, divided by one/tenth of an hour
intervals. Invoices will be submitted to the Client normally by the
middle of the month following the month in which the services were
rendered. Invoices will include a list of the personnel who
furnished services, their billing rates (as specified in paragraph
10) and the number of hours they worked on the assignment. An invoice
shall be considered PAST DUE if the invoice is not paid within sixty
(60) days from the date of the invoice.
4. Not Assignable. The within contract shall not be
assignable.
5. Modification, Waiver and Construction.
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A. This Contract shall not be modified unless the
modification is in writing and is signed by authorized
representatives of both parties.
B. The failure of either party to require the
performance of any term or obligation of this Contract, or the waiver
of either party to any breach of this Contract, shall not prevent
a subsequent enforcement of the term or obligation nor be deemed a
waiver of any subsequent breach.
C. This Contract shall be construed in accordance with
the laws of the State of New Jersey.
D. If a dispute arises out of or relating to this contract or the
breach thereof and if said dispute cannot be settled through direct
discussions between the parties, the parties agree to first endeavor
to settle the dispute in an amicable manner by mediation prior to
accessing the judicial system for settlement. The parties shall
each designate a proposed mediator. If the parties cannot agree upon
one of the two mediators, the two mediators shall select a third
mediator. The costs for any mediation will be divided equally
between the parties except that the expenses of any witnesses for
either side shall be paid by the party producing such witness. In
the event the dispute shall not be able to be resolved through
mediation, either party may institute a suit only in the Superior
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Court of New Jersey with a venue of Bergen County and both parties
agree to submit themselves to both personal jurisdiction and subject
matter jurisdiction in said court.
6. Availability of Funds. The continuation of this
contract beyond December 31, 2020, is subject to the annual
appropriation of adequate funds therefor.
7. Independent Professional Consultant Status. The
services to be rendered by the Professional Consultant pursuant to
the terms and conditions hereof shall be rendered as an independent
Professional Consultant and not as an employee of the Township.
8. Equal Opportunity and Non-Discrimination. The Professional
Consultant shall comply with the requirements of N.J.S.A. 10:5-31
et seq. and N.J.A.C. 17:27, including the requirements as set forth
in Exhibit A, annexed hereto and made part hereof.
9. Political Contribution Disclosure. This contract has been
awarded to the Professional Consultant based on the merits and
abilities of the Professional Consultant to provide the goods or
services as described herein. This contract was not awarded through
a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4 et seq.
As such, the Professional Consultant, by signing below, attests that
the Professional Consultant, it’s subsidiaries, assigns or
principals controlling in excess of 10% of the Professional
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Consultant company has neither made a contribution, that is
reportable to the Election Law Enforcement Commission pursuant to
N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding
the award of the contract that would, pursuant to P.L. 2007, c. 19,
as amended by P.L. 2005, c. 51, or pursuant to Ordinance 19-2017 of
the Township of Teaneck which would affect its eligibility to perform
this contract, nor will it make a reportable contribution during the
term of this contract to any political party committee in the Township
of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract
is awarded, or to any candidate committee of any person serving in
an elective public office of the Township of Teaneck when the contract
is awarded or to any other political party, campaign or organization
referred to in Ordinance 19-2017 of the Township of Teaneck in excess
of the amounts provided therein.
11. Business Registration Requirements. The Professional
Consultant shall comply with the provisions of N.J.S.A. 52:32-44 et
seq. respecting the New Jersey Business Registration requirements.
12. Iranian Investment Activities. The Consultant shall
comply with the requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A.
52:32-55 et seq. (P.L. 2012, Chap. 25) respecting the disclosure of
investment activities in Iran. Any person or entity that submits
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a proposal or otherwise proposes to enter into or renew a contract
must complete the certification provided herewith, under penalty of
perjury, that the person or entity, or one of the person’s or entity’s
parents, subsidiaries, or affiliates, is not identified on a list
created and maintained by the Department of the Treasury as a person
or entity engaging in investment activities in Iran.
13. Indemnification. Consultant agrees, subject to the
provisions herein, to indemnify and hold the Township harmless from
any damage, liability or cost to the extent caused solely by
Consultant’s negligent acts, errors or omissions in the performance
of professional services under this Agreement. The Township agrees
to indemnify and hold Consultant harmless from any damage, liability
or cost (including reasonable attorney’s fees and costs of defense)
to the extent caused by the Township’s negligent or intentional acts,
errors or omissions and those of his or her employees, agents,
contractors, subcontractors or subcontractors.
14. Limitation of Liability. Township and Consultant
recognize and agree that Consultant’s liability for any and all
claims Or actions, regardless of how arising, shall be limited to
the total sum of Consultant’s fee for services rendered on this
project. Township hereby releases Consultant from any liability
above such amount. Such claims and causes include, but are not
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limited to, negligence, professional errors or omissions, strict
liability, breach of contract or breach of warranty. In no event
shall Consultant be liable for any incidental, indirect or
consequential damages, including commercial loss, or lost profits
resulting from any service furnished under this Agreement.
15. Ownership and Reuse of Documents. The Township grants to
Consultant a non-exclusive, non-assignable and non-transferable
license to reproduce distribute and display the documents for
Consultant to promote and provide information regarding its
services, as it may deem appropriate. Both the Township and
Consultant agree that none of the services or documents provided by
Consultant are copyright by the Township, Consultant or any other
party.
16. Governing Law-Forum Selection. The laws of the State of
New Jersey, County of Bergen will govern the validity of this
Agreement, its interpretation and performance.
17. Entire Agreement-Amendments. This Agreement comprises
the final and complete Agreement between the Township and Consultant.
It supersedes all prior or contemporaneous communications,
representations, or agreements, whether oral or written, relating
to the subject matter of this Agreement. Execution of this Agreement
signifies that each party has read the document thoroughly, has had
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the opportunity to have questions explained by independent counsel,
and is satisfied with the terms and conditions contained herein and
has authority to enter into this Agreement. Amendments to this
Agreement shall not be binding unless made in writing and signed by
both the Township and Consultant.
18. Insurance. Consultant shall secure Worker’s
Compensation Insurance for the benefit of, and keep insured during
the life of this agreement, such employees as are necessary to be
insured in compliance with the provisions of the Worker’s
Compensation requirements. Consultant shall secure policies in
force during the life of this agreement. Said policies of insurance
shall protect against liability arising from errors and omission,
general liability and automobile liability in the performance of this
agreement in the sum of at least $1,000,000 (one million dollars)
each. The Township of Teaneck shall be named as additional insured
on said policies. Consultant shall furnish a certified copy of said
policies to the Borough at the time of execution of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals.
ATTEST: Township of Teaneck
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________________________ By: _________________________
Doug Ruccione, , Mayor
Acting Township Clerk
WITNESS: Phillips Preiss Grygiel Leheny
Hughes LLC
_________________________ _____________________________
By: Richard M. Preiss
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as
follows:
The contractor or subcontractor, where applicable, will not
discriminate against any employee or applicant for employment
because of age, race, creed, color, national, origin, ancestry,
marital status, affectional or sexual orientation or sex. Except with
respect to affectional or sexual orientation, 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, affectional or sexual orientation or sex.
Such action shall include, but not 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 nondiscrimination clause.
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, race, creed,
color, national origin, ancestry, marital status, affectional or
sexual orientation or sex.
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 workers= representative of the contractor=s
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commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
The contractor or subcontractor where applicable, agrees to comply
with any regulations promulgated by the Treasurer pursuant to
N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to
time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts
to employ minority and women workers consistent with the applicable
county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C.
17:27-5.2.
The contractor or subcontractor agrees to inform in writing its
appropriate recruitment agencies including, but not limited to,
employment agencies, placement bureaus, colleges, universities,
labor unions, that it does not discriminate on the basis of age,
creed, color, national origin, ancestry, marital status, affectional
or sexual orientation or sex, and that it will discontinue the use
of any recruitment agency which engages in direct or indirect
discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing
procedures, if necessary, to assure that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual orientation
or sex, consistent with the statutes and court decisions of the State
of New Jersey, and applicable Federal law and applicable Federal
court decisions.
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The contractor shall submit to the public agency, after
notification of award but prior to execution of a goods and services
contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports
or other documents to the Division of Contract Compliance & EEO as
may be requested by the Division from time to time in order to carry
out the purposes of these regulations, and public agencies shall
furnish such information as may be requested by the Division of
Contract Compliance & EEO for conducting a compliance investigation
pursuant to Subchapter 10 of the Administrative Code at
N.J.A.C.17:27.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Authorization DOC ID: 6065
RESOLUTION 119-2020
Page 1
AUTHORIZING THE NISHUANE GROUP, LLC TO UNDERTAKE PLANNING CONSULTANT SERVICES ON BEHALF OF THE TOWNSHIP OF TEANECK AS
ALTERNATE PLANNERS
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Resolution 119-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
119-2020
AUTHORIZING THE NISHUANE GROUP, LLC TO UNDERTAKE
PLANNING CONSULTANT SERVICES ON BEHALF OF THE
TOWNSHIP OF TEANECK AS ALTERNATE PLANNERS
WHEREAS, the Township Council of the Township is in need of the services of a
professional planning consultant to perform various professional planning services as
an alternate planner with respect to projects which the Council deems appropriate or
whenever the Township’s Planner has a conflict; and
WHEREAS, such services constitute professional services as that term is defined
in N.J.S.A. 40A:11-2; and
WHEREAS, the Township of Teaneck has received a proposal therefor from the
Nishuane Group LLC, (hereinafter the “Professional Consultant”), with offices located at
105 Grove Street, Suite 1, Montclair, N.J. 07042, to perform such professional planning
services; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.)
authorizes the execution of professional services contracts without competitive bidding;
and
WHEREAS, the Township Council finds and concludes that it would be in the
best interests of the Township of Teaneck to enter into a professional services
agreement with the Consultant based upon the Consultant’s expertise in planning
matters, extensive planning experience, and the Consultant’s cost proposal; and
WHEREAS, the Municipal Manager has determined and certified in writing that
the anticipated payments under said contract may exceed $17,500; and
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Resolution 119-2020 Meeting of July 1, 2020
Page 3
WHEREAS, the Consultant has completed and submitted a Business Entity
Disclosure Certification which certifies that the Consultant has not made any reportable
contributions to a political or candidate committee pursuant to N.J.S.A. 19:44A-1 et seq.
that, pursuant to P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck would bar the award of this contract in
the previous one year period preceding the award of this contract, and that the contract
will prohibit the Consultant from making any reportable contributions during the term of
the contract; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds are
available;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the
Township of Teaneck, Bergen County, New Jersey, that the Nishuane Group LLC is
hereby authorized to perform various professional planning services as an alternate
planner with respect to projects which the Council deems appropriate or whenever the
Township’s Planner has a conflict; and BE IT FURTHER
RESOLVED that the Township Attorneys are hereby authorized and directed to
prepare a professional services contract therefor between the Township of Teaneck and
the Nishuane Group, LLC; and BE IT FURTHER
RESOLVED that the Mayor is hereby authorized to sign and the Acting Township
Clerk to attest the aforesaid contract on behalf of the Township of Teaneck, subject to
the conditions set forth below; and BE IT FURTHER
RESOLVED that, subject to the preparation and execution of the foregoing
contract, the submission of a business registration statement, submission of a Teaneck
Business Entity Disclosure Certification, Statement of Ownership Disclosure and a
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Resolution 119-2020 Meeting of July 1, 2020
Page 4
Political Contribution Disclosure Form which certifies that neither the firm nor its
principals have made any reportable contributions in the previous one year to a political
or candidate committee, or an elected official of the Township of Teaneck, P.A.C. or
campaign committee in excess of the limits established pursuant to N.J.S.A. 19:44A-1
et seq. or pursuant to P.L. 2004, c. 19, as amended by P.L. 2005, c. 51 or pursuant to
Ordinance 19-2017 of the Township of Teaneck, and that the contract will prohibit the
firm or its principals from making any reportable contribution through the term of the
contract, as required by State Law and said Teaneck Township Ordinance, and the
filing of a Certificate of Availability of Funds therefor, the Township Clerk is hereby
directed to cause a brief notice of this contract to be published in a newspaper
circulated within the Township of Teaneck stating the nature, duration, services and
amount of the contract and that a copy of the resolution and contract are to be
maintained on file with the Township Clerk and are available to be for public inspection
during regular business hours in the office of the Township Clerk
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1
CONTRACT FOR PLANNING SERVICES
This Agreement, made this day of , 20 , by
and between the Township of Teaneck (hereinafter referred to as
"Township"), having its offices at 818 Teaneck Road, Teaneck, New
Jersey 07666, and the Nishuane Group LLC, , having their offices at
105 Grove Street, Suite 1, Montclair, N.J. 07042 (hereinafter
referred to as "Professional Consultant")
WITNESSETH:
WHEREAS, the Township Council of the Township is in need of the
services of a professional planning consultant to perform various
professional planning services as an alternate planner with respect
to projects which the Council deems appropriate or whenever the
Township’s Planner has a conflict; and
WHEREAS, such services constitute professional services as that
term is defined in N.J.S.A. 40A:11-2; and
WHEREAS, the Township of Teaneck has received a proposal
therefor from the Nishuane Group LLC, (hereinafter the “Professional
Consultant”), with offices located at 105 Grove Street, Suite 1,
Montclair, N.J. 07042, to perform such professional planning
services; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et
seq.) authorizes the execution of professional services contracts
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without competitive bidding; and
WHEREAS, the Township Council finds and concludes that it would
be in the best interests of the Township of Teaneck to enter into
a professional services agreement with the Consultant based upon the
Consultant’s expertise in planning matters, extensive planning
experience, and the Consultant’s cost proposal; and
WHEREAS, the Municipal Manager has determined and certified in
writing that the anticipated payments under said contract may exceed
$17,500; and
WHEREAS, the Consultant has completed and submitted a Business
Entity Disclosure Certification which certifies that the Consultant
has not made any reportable contributions to a political or candidate
committee pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to
P.L. 2004, c.19, as amended by P.L. 2005, c.51, or pursuant to
Ordinance 19-2017 of the Township of Teaneck would bar the award of
this contract in the previous one year period preceding the award
of this contract, and that the contract will prohibit the Consultant
from making any reportable contributions during the term of the
contract; and
WHEREAS, the Chief Financial Officer has certified that
sufficient funds are available;
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WHEREAS, the parties wish to mutually set forth the compensation
and terms and conditions regarding these additional services;
NOW, THEREFORE, in consideration of the mutual promises
hereinafter set forth, it is agreed as follows:
1. PROFESSIONAL SERVICES. The Professional Consultant
agrees to provide Teaneck with various professional planning
services as directed by the Township, as an alternate planner with
respect to projects which the Council deems appropriate or whenever
the Township’s Planner has a conflict.
2. Term: The term of this Agreement shall commence July 1, 2020
and continue until June 30, 2021, unless sooner terminated by the
Township of Teaneck. The Township of Teaneck may terminate this
Agreement at any time during the term hereof by giving Consultant
written notice thereof. At such time the Township will be billed for
all work performed by Consultant up to the time such notification
is received at the office of Consultant. If the Township fails to
make payments when due or otherwise is in breach of this Agreement,
Consultant may suspend performance five (5) days from the date of
providing notice to the Township. Consultant shall have no
liability whatsoever to the Client for any costs or damages as a
result of such suspension. Following suspension of services for
failure to make payment, work on the project shall only be resumed
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when all invoices have been brought fully to date, including all
charges for late payment (including interest), has been replaced.
3. Compensation.
(a) The Township agrees to pay the Professional Consultant a
sum not to exceed the sum of $20,000.00 for the services set forth
in Paragraph 1 hereof, at the hourly billing rates set forth below:
AS OF JANUARY 1, 2020
Staff person position hourly rate
George Wheatle Williams, Founding Principal $170
Michele S. Delisfort, Principal and Managing Partner $170
Gerard M. Haizel, Senior Associate $145
Mrunmayee S. Atre, Associate $125
Steven M. Martini, Associate $125
Simran S. Riar, Junior Associate $115
Support $50
(b) Reimbursable Expenses. The Client shall pay Professional
Consultant for reimbursable expenses, including printing and
reproduction (except as noted in paragraph 3), courier and express
delivery services, bulk/special mailings, and travel expenses,
including and meals, for work involving travel to places more than
one hundred (100) miles from Professional Consultant’s office in
Montclair, New Jersey.
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(c) Non-Reimbursable Expenses. The Client shall not be
billed for the following ordinary administration and overhead:
clerical and bookkeeping time related to the project, all telephone
and facsimile costs, costs of reproduction of up to ten (10) copies
of no more than one (1) draft and one (1) final copy of project
memorandums or reports, and travel expenses involving travel to
places less than one hundred (100) miles from Professional
Consultant’s office in Montclair, New Jersey.
(d) Invoices. The Professional Consultant will submit
vouchers in the form provided for by the Township on a monthly basis.
Vouchers shall include a detailed statement of services rendered,
the date of such service, and the amount of time expended thereon,
all charged on an hourly basis, divided by one/tenth of an hour
intervals. Invoices will be submitted to the Client normally by the
middle of the month following the month in which the services were
rendered. Invoices will include a list of the personnel who
furnished services, their billing rates (as specified in paragraph
10) and the number of hours they worked on the assignment. An invoice
shall be considered PAST DUE if the invoice is not paid within sixty
(60) days from the date of the invoice.
4. Not Assignable. The within contract shall not be
assignable.
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5. Modification, Waiver and Construction.
A. This Contract shall not be modified unless the
modification is in writing and is signed by authorized
representatives of both parties.
B. The failure of either party to require the
performance of any term or obligation of this Contract, or the waiver
of either party to any breach of this Contract, shall not prevent
a subsequent enforcement of the term or obligation nor be deemed a
waiver of any subsequent breach.
C. This Contract shall be construed in accordance with
the laws of the State of New Jersey.
D. If a dispute arises out of or relating to this
contract or the breach thereof and if said dispute cannot be settled
through direct discussions between the parties, the parties agree
to first endeavor to settle the dispute in an amicable manner by
mediation prior to accessing the judicial system for settlement.
The parties shall each designate a proposed mediator. If the parties
cannot agree upon one of the two mediators, the two mediators shall
select a third mediator. The costs for any mediation will be divided
equally between the parties except that the expenses of any witnesses
for either side shall be paid by the party producing such witness.
In the event the dispute shall not be able to be resolved through
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mediation, either party may institute a suit only in the Superior
Court of New Jersey with a venue of Bergen County and both parties
agree to submit themselves to both personal jurisdiction and subject
matter jurisdiction in said court.
6. Availability of Funds. The continuation of this contract
beyond December 31, 2020, is subject to the annual appropriation of
adequate funds therefor.
7. Independent Professional Consultant Status. The
services to be rendered by the Professional Consultant pursuant to
the terms and conditions hereof shall be rendered as an independent
Professional Consultant and not as an employee of the Township.
8. Equal Opportunity and Non-Discrimination. The Professional
Consultant shall comply with the requirements of N.J.S.A. 10:5-31
et seq. and N.J.A.C. 17:27, including the requirements as set forth
in Exhibit A, annexed hereto and made part hereof.
9. Political Contribution Disclosure . This contract has been
awarded to the Professional Consultant based on the merits and
abilities of the Professional Consultant to provide the goods or
services as described herein. This contract was not awarded through
a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4 et seq.
As such, the Professional Consultant, by signing below, attests that
the Professional Consultant, it’s subsidiaries, assigns or
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principals controlling in excess of 10% of the Professional
Consultant company has neither made a contribution, that is
reportable to the Election Law Enforcement Commission pursuant to
N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding
the award of the contract that would, pursuant to P.L. 2007, c. 19,
as amended by P.L. 2005, c. 51, or pursuant to Ordinance 19-2017 of
the Township of Teaneck which would affect its eligibility to perform
this contract, nor will it make a reportable contribution during the
term of this contract to any political party committee in the Township
of Teaneck if a member of that political party is serving in an
elective public office of the Township of Teaneck when the contract
is awarded, or to any candidate committee of any person serving in
an elective public office of the Township of Teaneck when the contract
is awarded or to any other political party, campaign or organization
referred to in Ordinance 19-2017 of the Township of Teaneck in excess
of the amounts provided therein.
11. Business Registration Requirements. The Professional
Consultant shall comply with the provisions of N.J.S.A. 52:32-44 et
seq. respecting the New Jersey Business Registration requirements.
12. Iranian Investment Activities. The Consultant shall
comply with the requirements of N.J.S.A. 40A:11-2.1 and N.J.S.A.
52:32-55 et seq. (P.L. 2012, Chap. 25) respecting the disclosure of
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investment activities in Iran. Any person or entity that submits
a proposal or otherwise proposes to enter into or renew a contract
must complete the certification provided herewith, under penalty of
perjury, that the person or entity, or one of the person’s or entity’s
parents, subsidiaries, or affiliates, is not identified on a list
created and maintained by the Department of the Treasury as a person
or entity engaging in investment activities in Iran.
13. Indemnification. Consultant agrees, subject to the
provisions herein, to indemnify and hold the Township harmless from
any damage, liability or cost to the extent caused solely by
Consultant’s negligent acts, errors or omissions in the performance
of professional services under this Agreement. The Township agrees
to indemnify and hold Consultant harmless from any damage, liability
or cost (including reasonable attorney’s fees and costs of defense)
to the extent caused by the Township’s negligent or intentional acts,
errors or omissions and those of his or her employees, agents,
contractors, subcontractors or subcontractors.
14. Limitation of Liability. Township and Consultant
recognize and agree that Consultant’s liability for any and all
claims Or actions, regardless of how arising, shall be limited to
the total sum of Consultant’s fee for services rendered on this
project. Township hereby releases Consultant from any liability
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above such amount. Such claims and causes include, but are not
limited to, negligence, professional errors or omissions, strict
liability, breach of contract or breach of warranty. In no event
shall Consultant be liable for any incidental, indirect or
consequential damages, including commercial loss, or lost profits
resulting from any service furnished under this Agreement.
15. Ownership and Reuse of Documents. The Township grants to
Consultant a non-exclusive, non-assignable and non-transferable
license to reproduce distribute and display the documents for
Consultant to promote and provide information regarding its
services, as it may deem appropriate. Both the Township and
Consultant agree that none of the services or documents provided by
Consultant are copyright by the Township, Consultant or any other
party.
16. Governing Law-Forum Selection. The laws of the State of
New Jersey, County of Bergen will govern the validity of this
Agreement, its interpretation and performance.
17. Entire Agreement-Amendments. This Agreement comprises
the final and complete Agreement between the Township and Consultant.
It supersedes all prior or contemporaneous communications,
representations, or agreements, whether oral or written, relating
to the subject matter of this Agreement. Execution of this Agreement
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signifies that each party has read the document thoroughly, has had
the opportunity to have questions explained by independent counsel,
and is satisfied with the terms and conditions contained herein and
has authority to enter into this Agreement. Amendments to this
Agreement shall not be binding unless made in writing and signed by
both the Township and Consultant.
18. Insurance. Consultant shall secure Worker’s
Compensation Insurance for the benefit of, and keep insured during
the life of this agreement, such employees as are necessary to be
insured in compliance with the provisions of the Worker’s
Compensation requirements. Consultant shall secure policies in
force during the life of this agreement. Said policies of insurance
shall protect against liability arising from errors and omission,
general liability and automobile liability in the performance of this
agreement in the sum of at least $1,000,000 (one million dollars)
each. The Township of Teaneck shall be named as additional insured
on said policies. Consultant shall furnish a certified copy of said
policies to the Borough at the time of execution of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals.
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ATTEST: Township of Teaneck
________________________ By: _________________________
Doug Ruccione, , Mayor
Acting Township Clerk
WITNESS: Nishuane Group, LLC
_________________________ _____________________________
By: Michele S. Delisfort
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS. PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as
follows:
The contractor or subcontractor, where applicable, will not
discriminate against any employee or applicant for employment
because of age, race, creed, color, national, origin, ancestry,
marital status, affectional or sexual orientation or sex. Except with
respect to affectional or sexual orientation, 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, affectional or sexual orientation or sex.
Such action shall include, but not 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 nondiscrimination clause.
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, race, creed,
color, national origin, ancestry, marital status, affectional or
sexual orientation or sex.
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 workers= representative of the contractor=s
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commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
The contractor or subcontractor where applicable, agrees to comply
with any regulations promulgated by the Treasurer pursuant to
N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to
time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts
to employ minority and women workers consistent with the applicable
county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C.
17:27-5.2.
The contractor or subcontractor agrees to inform in writing its
appropriate recruitment agencies including, but not limited to,
employment agencies, placement bureaus, colleges, universities,
labor unions, that it does not discriminate on the basis of age,
creed, color, national origin, ancestry, marital status, affectional
or sexual orientation or sex, and that it will discontinue the use
of any recruitment agency which engages in direct or indirect
discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing
procedures, if necessary, to assure that all personal 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.
In conforming with the applicable employment goals, 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, affectional or sexual orientation
or sex, consistent with the statutes and court decisions of the State
of New Jersey, and applicable Federal law and applicable Federal
court decisions.
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The contractor shall submit to the public agency, after
notification of award but prior to execution of a goods and services
contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports
or other documents to the Division of Contract Compliance & EEO as
may be requested by the Division from time to time in order to carry
out the purposes of these regulations, and public agencies shall
furnish such information as may be requested by the Division of
Contract Compliance & EEO for conducting a compliance investigation
pursuant to Subchapter 10 of the Administrative Code at
N.J.A.C.17:27.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Appointment DOC ID: 6060
RESOLUTION 120-2020
Page 1
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT CONTRACT BETWEEN THE TOWNSHIP OF TEANECK AND DEAN B. KAZINCI FOR THE POSITION OF
MUNICIPAL MANAGER OF THE TOWNSHIP OF TEANECK
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Resolution 120-2020 Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
120-2020
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT CONTRACT
BETWEEN THE TOWNSHIP OF TEANECK AND DEAN B. KAZINCI
FOR THE POSITION OF MUNICIPAL MANAGER OF THE TOWNSHIP
OF TEANECK
WHEREAS, the citizens of the Township have adopted a form of government known as the "Council-Manager plan" (NJSA 40:69A-81 et seq.), under which the municipality is governed by an elected Council and by an appointed Municipal Manager who serves as Chief Executive Officer; and WHEREAS, by Resolution No. 69-2019, the Township Council, as the appointing authority under NJSA 40:69A-89, appointed Dean B. Kazinci to the title and position of Municipal Manager of the Township, in accordance with the provisions of NJSA 40:69A-93 on the basis of certain agreed terms of employment; and WHEREAS, Dean B. Kazinci and the Township Council wish to enter into an agreement setting forth the terms and conditions of employment for the Municipal Manager of the Township of Teaneck; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Teaneck, Bergen County, New Jersey, that the Mayor is hereby authorized and directed to execute and the Acting Township Clerk to attest on behalf of the Township of Teaneck an Employment Agreement between the Township of Teaneck and Dean B. Kazinci respecting the terms and conditions of employment for the Municipal Manager of the Township of Teaneck, a copy of which Agreement is on file in the Office of the Acting Township Clerk and is available for public inspection.
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EMPLOYMENT AGREEMENT
TOWNSHIP MANAGER
AGREEMENT, made this day of July, 2020 by and between THE TOWNSHIP OF TEANECK, a
municipal corporation of the State of New Jersey, with its administrative office at the Paul A. Volcker
Municipal Green, 818 Teaneck Road, Teaneck, New Jersey 07666 (hereinafter sometimes referred to as "the
Township") and Dean B. Kazinci, residing at 90 Alta Vista Drive, Ringwood, NJ 07456 (hereinafter sometimes
referred to as "the employee");
WITNESSETH:
WHEREAS, the citizens of the Township have adopted a form of government known as the "Council-Manager
plan" (NJSA 40:69A-81 et seq.), under which the municipality is governed by an elected Council and by an
appointed Municipal Manager who serves as Chief Executive Officer; and
WHEREAS, by Resolution No. 69-2019, the Township Council, as the appointing authority under NJSA 40:69A-
89, appointed Dean B. Kazinci to the title and position of Municipal Manager of the Township, in accordance
with the provisions of NJSA 40:69A-93 on the basis of certain agreed terms of employment, which this
agreement is intended to memorialize; and
WHEREAS, Dean B. Kazinci accepted the appointment and agreed to the terms and conditions of
employment hereinafter set forth;
NOW, THEREFORE, in consideration of the appointment, the mutual covenants hereinafter set forth, and the
mutual benefits to be derived by the performance thereof, the Township Council (hereinafter referred to as
"the appointing authority") and the employee agree as follows:
FIRST: Duties.
The employee shall perform the duties of Municipal Manager as set forth in NJSA 40:69A-95 and
Section 2-24 of the Teaneck Township Code, and as each may be amended from time to time.
SECOND: Compensation.
The employee shall be paid an annual salary of $175,000 and payable in the same manner all
municipal salaries are paid.
The employee shall be eligible to receive paid medical benefits upon separation of service with the
employer until Medicare eligibility. The health insurance plan shall be “Single Direct 15” through
SHBP or the equivalent thereof should such plan no longer be provided in the future. The employee’s
eligibility in Chapter 330 through the SHBP provides for a substantial reduced cost to the employer.
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THIRD: Term.
A. Removal with and without cause. As set forth in NJSA 40:69A-93, the employee shall
hold office for an indefinite term and may be removed with or without cause, by a majority vote
of the appointing authority at any time.
B. Voluntary resignation. Nothing herein contained shall prevent the employee from
voluntarily resigning his/her position; provided, however, it shall be on no less than three (3)
months' notice, in order for the appointing authority to recruit a replacement. At any time after
notice is given by the employee, the appointing authority may accelerate the employee's
resignation date, in which even the employee shall be paid his/her accumulated vacation time
and terminal leave payments as my be provided to all other managerial/executive employees, if
any in a lump sum on the first salary pay date following the effective date of resignation.
FOURTH: Employment Benefits.
As applicable and unless otherwise expressly stated in this Agreement, the employee shall be
afforded the standard benefits afforded to all managerial employees as outlined in the
Managerial, Executive, Professional and Confidential Employees Personnel Rules and
regulations, annexed hereto and made part hereof, and as may be amended from time to time
by the Township Council, except he/she shall continue to receive 203 hours per year effective
with the commencement of this Contract. Employee agrees that he/she shall take no more than
ten (10) consecutive work days’ vacation unless expressly approved by Council in advance.
In the event circumstances arise that prohibits the Manager from using vacation time during any
calendar year, up to ten (10) days can be “cashed” in by December 31st of the current year..
In lieu of a car allowance, the Township shall provide the employee with the use of an
automobile from the municipal pool of vehicles for use by the employee on a 24/7 basis, and the
Township shall pay for the fuel, maintenance, and insurance thereof. In the event a vehicle
becomes unavailable, the employee shall receive a car allowance of $500.00 per month and
payment or reimbursement for attendance at professional conferences and professional dues,
as may be provided for in each annual budgetary allocation and as follows:
A. Professional conferences.
The cost of attending the annual meeting of the International City Manager's Association
(ICMA), but not to exceed $1500.00 and the annual convention of the New Jersey League of
Municipalities, or New Jersey Municipal Managers' Association, but not to exceed $500.00, if
provided for in the Municipal Budget.
B. Professional dues.
ICMA; New Jersey Municipal Managers' Association.
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C. Paid tuition or attendance fees for courses, seminars, or training which are job related
or are a requirement for sustaining professional licenses subject to the Township Council's
approval.
FIFTH: Performance evaluation; goals.
A. Annual evaluations.
The appointing authority shall review and evaluate the performance of the employee during the
fourth quarter of each calendar year of employment. The evaluation shall be in accordance with
specific criteria established by the appointing authority. Each member of the appointing
authority shall complete said evaluation in writing and deliver same to the other members of
the appointing authority. After a reasonable opportunity given to each member to supplement
his/her evaluation, the Mayor shall provide the employee with a written summary of the
evaluations of the members. Thereafter, the employee shall be given an opportunity to meet
with the appointing authority in closed session to discuss the evaluation and respond to it.
B. Goals.
At least annually, the appointing authority and employee shall establish and reestablish policy
and performance objectives, and to the extent possible, assign priorities and timetables for their
achievement, with due consideration to budgetary limitations, funding sources, and the two-
years terms of any Township Council as a whole.
SIXTH: Indemnification; bonding.
A. Indemnification. The Township shall indemnify and hold the employee harmless from any and all
claims, demands, legal actions, judgments and damages, arising out of the performance of
his/her duties hereunder, except the following:
1. Punitive damages recovered against the employee by third-parties, provided, however,
the Township shall provide a necessary defense to any covered legal action making demands for
punitive damages.
2. Compensatory damages recovered against the employee for actions held to be gross
negligence or willful violations of law, provided, however, the Township shall provide a
necessary defense to any covered legal action in which such accusations are made.
3. Legal actions (including cross-claims and third-party complaints) initiated by the
Township against the employee for a breach of this agreement, gross negligence or a willful
violation of law; provided, however, this shall not include any declaratory judgment action
between the parties to interpret their relative rights and/or duties under the Council-Manager
form of government.
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B. Bonding. The Township shall bear the full cost of any fidelity or other bond required of the
employee by any law or municipal contracting authority.
SEVENTH: Miscellaneous provisions:
A. Further assurances. The parties agree to execute such further or other documents and
assurances which may be required from time to time in order to give effect to the provisions of
this agreement.
B. Severability. In the event that any provision of this agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable, such provision shall be deem severable
and the remaining parts and provisions of the agreement shall remain in full force and effect.
C. Notices. All communications in connection with this agreement shall be in writing and
sent by postage prepaid first class mail, and if relating to default or termination by certified mail,
return receipt requested, or by personal hand-delivery addressed to each party at the address
written above, or to the employee at the municipal building. The date of giving any mailed
notice shall be the date of the post office deposit, and the date of giving hand-delivered notice
shall be the date of delivery.
D. Governing law. This agreement shall be governed by and construed in accordance with
the laws of the State of New Jersey.
E. Entire agreement; amendment; non-waiver. This agreement sets forth the entire
agreement between the parties and may be modified and amended only by a written
instrument executed by both parties. None of the provisions of this agreement shall be deemed
to have been waived by any act or acquiescence on the part of either party except by an
instrument in writing signed by the party executing the waiver.
F. Mutual mistake of legal requirements. This agreement shall be deemed to include all
provisions and clauses required by law to be included herein. If after the execution of this
agreement, it is discovered that any provision required by law to be included herein has been
omitted, through mistake or otherwise, or has been incorrectly included herein, then upon
application of either party the agreement shall forthwith be amended to correct the error or
omission, and the effectiveness of this agreement shall not be affected by said error.
IN WITNESS WHEREOF, the Township has caused this agreement to be signed by the mayor and
attested by the Township Clerk, and the Township seal affixed thereto, and the employee has hereunto
set his/her hand and seal, or caused this agreement to be signed by its corporate officers thereunto duly
authorized and caused its proper corporate seal to be hereto affixed, the day and year first above
written.
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Township Council Meeting: 07/01/20 06:00 PM c/o Township Clerk Department: Township Clerk
Teaneck, NJ 07666 Category: Amend DOC ID: 6028
ORDINANCE (ID # 6028)
Page 1
Ordinance No. 14-2020 AN ORDINANCE AMENDING ORDINANCE NO. 23-2019 ENTITLED “AN ORDINANCE ESTABLISHING POSITIONS AND SALARY RANGES
FOR EXECUTIVE, MANAGERIAL, PROFESSIONAL AND CONFIDENTIAL EMPLOYEES AND FOR UNCLASSIFIED MUNICIPAL EMPLOYEES IN THE
TOWNSHIP OF TEANECK EFFECTIVE JANUARY 1, 2019” TO ADD THE POSITION OF TREE SUPERINTENDENT AND TO ESTABLISH THE SALARY THEREFOR BE IT RESOLVED by the Township of Teaneck that Ordinance #14-2020, passed on
first reading and that said Ordinance will be further considered for a public hearing and final adoption thereon at a meeting of the Township Council to be held on July 14, 2020 Meeting at 8PM in the Council Chambers of the Municipal Building, 818 Teaneck Road, Teaneck, New Jersey, at which time and place all persons interested therein will be given an opportunity to be heard concerning the same, and that the Township Clerk is hereby authorized to advertise same
according to law and to provide the appropriate notices in accordance with law.
AN ORDINANCE AMENDING ORDINANCE NO. 23-2019 ENTITLED “AN ORDINANCE
ESTABLISHING POSITIONS AND SALARY RANGES FOR EXECUTIVE, MANAGERIAL,
PROFESSIONAL AND CONFIDENTIAL EMPLOYEES AND FOR UNCLASSIFIED
MUNICIPAL EMPLOYEES IN THE TOWNSHIP OF TEANECK EFFECTIVE JANUARY 1,
2019” TO ADD THE POSITION OF TREE SUPERINTENDENT AND TO ESTABLISH THE
SALARY THEREFOR
BE IT RESOLVED by the Township of Teaneck that Ordinance #14-2020, passed on first
reading and that said Ordinance will be further considered for a public hearing and final adoption
thereon at a meeting of the Township Council to be held on July 14, 2020 Meeting at 8PM in the
Council Chambers of the Municipal Building, 818 Teaneck Road, Teaneck, New Jersey, at
which time and place all persons interested therein will be given an opportunity to be heard
concerning the same, and that the Township Clerk is hereby authorized to advertise same
according to law and to provide the appropriate notices in accordance with law.
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Ordinance (ID # 6028) Meeting of July 1, 2020
Page 2
TOWNSHIP OF TEANECK
BERGEN COUNTY, NJ
ORDINANCE NO. 14-2020 AN ORDINANCE AMENDING ORDINANCE
NO. 23-2019 ENTITLED “AN ORDINANCE ESTABLISHING POSITIONS
AND SALARY RANGES FOR EXECUTIVE, MANAGERIAL,
PROFESSIONAL AND CONFIDENTIAL EMPLOYEES AND FOR
UNCLASSIFIED MUNICIPAL EMPLOYEES IN THE TOWNSHIP OF
TEANECK EFFECTIVE JANUARY 1, 2019” TO ADD THE POSITION
OF TREE SUPERINTENDENT AND TO ESTABLISH THE SALARY
THEREFOR BE IT RESOLVED BY THE TOWNSHIP OF TEANECK
THAT ORDINANCE #14-2020, PASSED ON FIRST READING AND
THAT SAID ORDINANCE WILL BE FURTHER CONSIDERED FOR A
PUBLIC HEARING AND FINAL ADOPTION THEREON AT A
MEETING OF THE TOWNSHIP COUNCIL TO BE HELD ON JULY 14,
2020 MEETING AT 8PM IN THE COUNCIL CHAMBERS OF THE
MUNICIPAL BUILDING, 818 TEANECK ROAD, TEANECK, NEW
JERSEY, AT WHICH TIME AND PLACE ALL PERSONS INTERESTED
THEREIN WILL BE GIVEN AN OPPORTUNITY TO BE HEARD
CONCERNING THE SAME, AND THAT THE TOWNSHIP CLERK IS
HEREBY AUTHORIZED TO ADVERTISE SAME ACCORDING TO
LAW AND TO PROVIDE THE APPROPRIATE NOTICES IN
ACCORDANCE WITH LAW.
WHEREAS, the Township of Teaneck previously adopted Ordinance No. 23-019 which
includes a schedule of position classifications and pay schedules for the officers and employees
of the Township of Teaneck;
WHEREAS, the Township of Teaneck wishes to amend said ordinance to add the
position of Tree Superintendent and establish the salary therefor;
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township
of Teaneck, Bergen County, New Jersey, as follows:
SECTION 1:
That the position classifications and per annum pay schedules of the offices and positions of
employment of the Township of Teaneck reflected in Schedule A annexed hereto and made part
hereof, are hereby established as of the effective date of this ordinance, provided however, that
notwithstanding the maximum annual salaries or maximum hourly rates set out in this ordinance,
the salary for the holder of any office or position of employment may be established by the
Manager at an amount less than the maximum amount set out herein, unless otherwise directed
by the Township Council.
SECTION 2:
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Ordinance (ID # 6028) Meeting of July 1, 2020
Page 3
That in addition to the above, a longevity payment shall be added to the base salary of all
employees holding a full time position in accordance with the terms and conditions set forth in
applicable Personnel Rules and Regulations covering such employees.
SECTION 3:
That the adoption of this ordinance shall operate to provide increments only to the employees
who have satisfactorily performed the duties of their positions and that all increment payments
are contingent upon the availability of funds.
SECTION 4:
That all ordinances or parts of ordinances inconsistent with this ordinance be and the same are
hereby repealed to the extent of such inconsistency..
SECTION 5:
If any sentence, section, clause or other portion of this ordinance, or the application thereof to
any person or circumstance, shall be declared by a court of competent jurisdiction to be, in any
respect, invalid, such invalidity shall not affect, impair or repeal any of the remaining provisions
of this ordinance.
SECTION 6:
Subject to the provisions of N.J.S.A. 40A:9-165 and pursuant to N.J.S.A. 40:69A-181, this
ordinance shall take effect twenty (20) days after publication of adoption and shall be retroactive
to July 1, 2020.
ATTEST: _____________________________
Doug Ruccione, Acting Township Clerk
___________________________________
, Mayor
SCHEDULE A
Position or title Minimum Annual Salary maximum annual salary
(Effective July 1, 2020) (Effective July 1, 2020)
Executive, Managerial, Professional, and Confidential Employees
Tree Superintendent $74,500 per year $106,255 per year
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Recommended