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AYE NAY ABSTAINED ABSENT

P. FIDUCCIA L. CIMA B.MASOPUST P. LICATA MAYOR SCHRIEKS

JULY 1, 2013

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RESOLUTION NUMBER 13...90

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BOROUGH OF lODi
Bergen County, New Jersey

WHER~AS, on prior occasion, the Borough of Lodi (hereinafter referred to as the "Borough") solicited Statements of Qualifications by way of ReqLests for Qualifications ('RFQ") on a fair and open basis from vendors seeking to serve the Bqrough as its Special Tax Counsel; and WHEREAS, on or before June 6, 2013, Marcel R. wurri-J Esq. ("Wurms") submitted a Statement of Qualifications to the Borough in accordance with the requirements of the RFQ; and ,. . WHEREAS, upon review and analysis of the Statement df Qualifications submitted by Wurms, and upon due deliberations, the Mayor a~d Council of the Borough of Lodi determined that Wurms was competent and qu'alified to serve the Borough as its Special Tax Counsel, and accordingly qeterniinep to engage Wurms in such capacity for the for the period July 1, 2013 through June 3P, 2014, subject to the formation of an agreement by and between the Borough and Wurms as to the scope of services to be provided, and the quantum of compensation to b~ paid therefore; and WHEREAS, the Borough Manager has engaged in negoJi~tions with Wurms in . order to form an agreement as to the scope of services to be prbvided for the services to rendered by the selected vendor, and the compensation to b4 paid therefore, all of which are set forth in the Agreement attached hereto and a pa1 hereof; arid WHEREAS, the Mayor and Council of the Borough of Lotli are desirous of causing the execution of the Contract heretofore negotiated by knd between the Borough and Wurms for the provision of Professlonal Legal SeJ.,ices as Special Tax Counsel to the Borough of Lodi;' .. WHEREAS, award of the foregoing contract is exempt from public bidding as a "professional service" in accordance with the provision of the NJw Jersey Local Public contract Law, N.J.S.A. 40A:11-1 et seq.; NOW, THEREFORE, BE IT RESOLVED by the Mayor ard Council ofthe Borough of Lodi hereby authorize the Mayor to execute an agreement with Wurms for the provision of Professional Legal Services as Special Tax Cothnselto the Borough of Lodi, in the form attached hereto and made a part hereof; and

BE IT FURTHER

RESOLVED that nottce of the award ojthe witbin contract shall

be published in the official publication(s) of the Borough in the f0im and manner prescribed by law.
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Adopted this 1st day of July, 2013

Marc N. Schrieks, Mayor

Debra Clliento, tuniCiPal

CI~rk

Contract or Ag.reement reviewed and approved by Borough Attorney By:


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Allan P. Spinlello, Esq.

AGREEMENT TO EMPLOY SPECIAL TAX COUNSEL BOROUGH OF LODI This Contract, effective as of July 1, 2013 between BOR~UGH OF LODI (hereinafter referred to as "BOROUGH") and MARCEL R. WU " MS, ESQ. (EIN

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---l) (hereinafter referred to as the "ATTORNEY").


WITNESSETH WHEREAS, the BOROUGH has solicited Requests for (Qualifications ("RFQ") on

a fair and open basis and has selected the ATTORNEY as spJcial Tax Counsel; and WHEREAS, the BOROUGH desires that the scope of slNices to be rendered by the ATTORNEY as well as compensation to be paid to h;m for kUChservices be

memorialized in a written document pursuant to law; and WHEREAS, the ATTORNEY is to be compensated for tfueservices he renders in accordance with the terms herein: NOW, THEREFORE, the parties do mutually agre-eas f@lIows:

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1.

The BOROUGH, pursuant to the authority d91eglted to it hereby retains

the ATTORNEY to represent the municipality in various special legal matters, now pending or hereafter filed, as may be assigned to him from time to time by the BOROUGH.

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2. . The services to be performed by the ATTORNEY lh~1I include of the BOROUGH in special counsel and litigatidn services with regard and residential tax appeals, as directed b~ the sLough

representation to commercial

Attorney, the
to legal guidance

Mayor and Council and/or BOrOUgh.Manager inCluding but not +ited relating to commercial

and residential tax appeals, performing legal research and

providing advisory opinions as needed; drafting pleadings and JtiPulations of settlement related to commercial and residential tax appeals; representing the BOROUGH

in

litigation in federal and state courts and administrative and residential

forums with regard to commercial

tax appeal issues; attending meetings of the

~lyor and C~uncil upon

request; conducting

programs on specified legal issues relatinglto Commercial and

residential tax appeals for appropr.iate elected officials

a~d/or Bfrou9h ~~PIOyeeS u~on

request; and such other legal services that may be necessary for the efficient operation of the governmental affairs of the BOROUGH as assigned to hi[1 by the Mayor and . described

Council or the Municipal Manager or the Borough Attorney. 3. . The ATTORNEY

agrees to perform the services hrreinabove the ATTORNEY

and the BOROUGH

agrees to compensate

at the monthly rate of

$5,416.67.

This compensation

shall not be paid as an appropriktion

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p~r~uant to the

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General Salary Ordinance of the Borough of Lodi ATTORNEY contractor. In addition, the ATTORNEY

oeing an independent

agrees to maintain a schedute setting forth the

time and the nature of services rendered and shall similarly inclLde, as separate entries, cash disbursements BOROUGH incurred, if any and to supply a true copy of same-to the and number of

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upon Its request, Given the uncertainty as to the ctPleXity

special legal matters which may be encountered

by the BOROUGl:f during the course of

ATTORNEY'S engagement, it is further understood that the retjntion of ATTORNEY by


the BOROUGH, under this Agreement, is non-exclusive, the BOROUGH reserving the in

right to aSSign. other matters to other attorneys. accordance 4. with the Canons of Professional This Agreement

This Agreeme1.is.terminable

Ethics and Resporlblhtles. of monies being made by

is subject to an appropriation

the Borough Council of the Borough of Lodi.


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5.

The

ATTORNEY represents that he will fully comp.ly with all requirements


of the municipality purfuant to P.l. c. 127 et

and regulations

referable representation

seq. And all rules and regulations issued by the Treasur~r of thj State of New Jersey and any other governmental authority having jurisdiction. The

,TIORNEY' represents

that he is fully aware that in the absence of compliance with such laws and. requlatlons, that no funds will be paid for the services rendered until there is adequate compliance with same. In addition, it is acknowledged, Agreement may be terminated that in the absence of such compliance, this

and the ATTORNEY The

may.be pr1cluded from all public

contracts for a period of five (5) years. than fifty (50) employees (50) or more employees,

ATTORNEY represents that he has fewer

and agrees that in the event his workforce increases to fifty he will complete the Employee lntormatton Report and any

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other documentation 6.

required by the State Affirmative A~tion 0rce. biddrg as a "Professional

This Contract is awarded without competitive

Service" contract in accordance Contracts

with N.J.S.A. 40A:11-5(1 )(a) 0The Local Public by law

Law because the services are to be performed by a p'er~on authorized

to practice a recognized profession and is entered into as a fair and open contract pursuant to N.J.S.A. 19:44A-20.3 et seq.

ATTORNEY shall execute the attached

Business Entity Disclosure Certification as per the requirements of law. This contract supersedes all prior agreements respecting the subject matter ~ereof. 7. The ATTORNEY understands and agrees that he shall be solely

responsible for his own health insurance benefits, at his own cJostand expense during the term of this Agreement and any and all extensions or rene als thereof. 8. The effective date of this Agreement shall be July 1, 2013, and shall

continue for a period of one year after which, unless ext~nded,

,t shall terminate.

IN WITNESS WHEREOF, the parties have caused this A~r9'ement ~obe executed as of the effective date hereof. ATTEST: BOROUGH OF LOOI

DEBRA A. CILIENTO Borough Clerk

MARC N. SCHRIEKS, Mayor

MARCEL R. WURMS, ESQ. Schedule A attached hereto

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