Agenda - Wednesday, July 1, 2020

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


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



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



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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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






learning acquired by a prolonged formal course of specialized instruction and study as


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




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




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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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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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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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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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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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 [email protected]

<mailto:[email protected]>

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)

Packet Pg. 26


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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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






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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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 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.


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


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;


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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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


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


15.A.a

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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


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27

GOODS. SERVICES AND GENERAL SERVICE CONTRACTS

























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practices.




















N.J.A.C.17:27.

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RESOLUTION 114-2020

Page 1

APPOINTING CO-MUNICIPAL PROSECUTORS FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING PROFESSIONAL SERVICES CONTRACTS

THEREFOR

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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 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


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





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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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




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


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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




preceding the award of this contract, and that the contract will prohibit him or her from making any


WHEREAS, the Chief Financial Officer has certified that sufficient funds for this contract

is available;


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.


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.


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


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




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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







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.


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


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


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:




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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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











Co-Municipal Prosecutors for the Township of Teaneck for the period from July 1, 2020 through




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is available;












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subsequent breach.


of the New Jersey.








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By: By:

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WITNESS:

By: By:

Michael L. Kingman

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EXHIBIT A


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27






























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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











Co-Municipal Prosecutor for the Township of Teaneck for the period from July 1, 2020 through





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is available;














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subsequent breach.


of the New Jersey.










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By: By:


WITNESS:

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By: By:

Linda H. Schwager

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EXHIBIT A


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27






























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RESOLUTION 115-2020

Page 1

APPOINTING AN ALTERNATE PUBLIC DEFENDER FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING A CONTRACT THEREFOR

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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


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 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 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.


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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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.

Packet Pg. 68

1




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, 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






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













is available; and





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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3. Independent Contractor. Attorney is an independent contractor and as such










subsequent breach.


of the New Jersey.




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described herein. This contract was awarded through a “fair and open process” pursuant to




















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and if said dispute cannot be settled through direct discussions between the Attorney and





















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By: By:


WITNESS:

By: By:

Navarro W. Gray, Esq.

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EXHIBIT A


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27



The contractor or subcontractor, where applicable, will not discriminate against any employee or



contractor will take affirmative action to ensure that such applicants are recruited and employed, and that





apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants



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



The contractor or subcontractor, where applicable, will send to each labor union or representative or



contractor’s commitments under this act and shall post copies of the notice in conspicuous places available


The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated



The contractor or subcontractor agrees to make good faith efforts to employ minority and women




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The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies





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



In conforming with the applicable employment goals, the contractor or subcontractor agrees to review





The contractor shall submit to the public agency, after notification of award but prior to execution of a





The contractor and its subcontractor shall furnish such reports or other documents to the Division of





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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

Packet Pg. 77


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









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




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.


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





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

Packet Pg. 78


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





Packet Pg. 79

1

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









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



conditions regarding such award; and

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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;


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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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


12. Iranian Investment Disclosure. The ATTORNEY shall comply with the


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




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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7

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


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27





























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practices.




















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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RESOLUTION 117-2020

Page 1

APPOINTING THE PUBLIC DEFENDER FOR THE TOWNSHIP OF TEANECK AND AUTHORIZING A CONTRACT THEREFOR

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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, a contract for such services may be awarded without competitive bidding

by reason that such services constitute "professional services" which are services rendered or






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 Chief Financial Officer has certified that sufficient funds for this

contract is available;


of Teaneck that James A. Lewis V, Esq., having offices c/o E. Pennington PC, 76 South Orange

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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





Packet Pg. 92

1


THIS CONTRACT made the day of , 201_, between the


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, a contract for such services may be awarded without competitive bidding by

reason that such services constitute "professional services" which are services rendered or






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 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


“Non-Fair and Open” contract as defined therein











is available;



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







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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.


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.






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















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


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.









By: By:


WITNESS:

By: By:

James A. Lewis V, Esq.

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EXHIBIT A


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27


During the performance of this contract, the Attorney agrees as follows:

The Contractor or subcontractor, where applicable, will not discriminate against any employee or



Attorney will take affirmative action to ensure that such applicants are recruited and employed, and that





apprenticeship. The Attorney agrees to post in conspicuous places, available to employees and applicants



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



The Contractor or subcontractor, where applicable, will send to each labor union or representative or



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



The Contractor or subcontractor agrees to make good faith efforts to employ minority and women




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The Contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies





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



In conforming with the applicable employment goals, the Contractor or subcontractor agrees to review





The Attorney shall submit to the public agency, after notification of award but prior to execution of a





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.

15.A.a

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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

Packet Pg. 101


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

Packet Pg. 102


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

Packet Pg. 103


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

Packet Pg. 104

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.


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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

15.A.a

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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


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

15.A.a

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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.


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________________________ By: _________________________

Doug Ruccione, , Mayor


WITNESS: Phillips Preiss Grygiel Leheny

Hughes LLC

_________________________ _____________________________

By: Richard M. Preiss

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EXHIBIT A


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27


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:




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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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

Packet Pg. 121


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

Packet Pg. 122


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

Packet Pg. 123


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

Packet Pg. 124

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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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


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


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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________________________ By: _________________________

Doug Ruccione, , Mayor


WITNESS: Nishuane Group, LLC

_________________________ _____________________________

By: Michele S. Delisfort

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EXHIBIT A


N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27


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:




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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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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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


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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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

Packet Pg. 148

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