Start your 7-day free trial — unlock full access instantly.
← Back to Search
Lead Closed
This opportunity is no longer accepting submissions.
100
Rating
Risk Rank
Green Risk
AI-Powered Lead Insights
Executive Summary
The Township of Lower is renewing professional service contracts for the year 2020/2021. These contracts are awarded without public bidding, adhering to N.J.S.A. 19:44A-20.5 regulations. The professional services include municipal engineer, bond counsel, township solicitor, auditor, labor solicitor and tax appeal attorney. Each contract has a specified term, generally one year, and is subject to a Business Entity Disclosure Certification to ensure compliance with pay-to-play laws. A notice of award for each professional service contract is published in the Township's official paper.
Web Content
Professional Service Contracts | Township of Lower Click Here To Make A Tax Payment - Click Here for Property Flood Mapping Center Operation Hours: Monday - Friday 8:30 am- 4:30 pm 609-886-2005 CALENDAR OF EVENTS RECREATION POLICE DEPARTMENT FIRE BUREAU ANIMAL CONTROL EMERGENCY MANAGEMENT JOB OPPORTUNITIES EMERGENCY ALERTS / SIGN UP CALENDAR OF EVENTS BUSINESS DIRECTORY POPULAR DESTINATIONS HISTORY WEATHER MANAGER MAYOR & COUNCIL AUTHORITIES, BOARDS & COMMISSIONS ASSESSOR CLERK CODE ENFORCEMENT CONSTRUCTION COURT HUMAN RESOURCES PLANNING & ZONING PUBLIC SAFETY PUBLIC WORKS PURCHASING DEPARTMENT RECREATION TAX COLLECTOR TREASURER PUBLIC NOTICES UPDATE CONTACT INFORMATION WITH TAX OFFICE FORM CENTER NOTICE TO BIDDERS REPORT A POTHOLE SUGGESTION BOX HELPFUL LINKS PRESS RELEASES TOWNSHIP NEWSLETTER UNION CONTRACTS FLOOD INFORMATION ADA SERVICE CONTRACTS AREA MAP PLACES OF WORSHIP SCHOOLS & ORGANIZATIONS PICTURE GALLERY Search Our Website SEARCH Lower Township Professional Service Contracts Engineer DeBlasio & Associates, P.C. Bond Counsel Archer & Greiner P.C. Township Solicitor David Stefankiewicz Auditor Ford-Scott and Associates, L.L.C Labor Solicitor William Blaney Tax Appeal Attorney Marcus Karavan HOME | CONTACT | SITE MAP | EMPLOYEE PORTAL | ADMIN RESIDENTS - Recreation - Police Department - Fire Bureau - Animal Control - Emergency Management - Job Opportunities - Emergency Alerts / Sign Up VISITORS - Events & Festivals - Business Directory - Popular Destinations - History - Weather TOWNSHIP HALL - Manager - Mayor & Council - Authorities, Boards & Commissions COMMUNITY - Area Map - Places of Worship - Schools & Organizations - Picture Gallery DEPARTMENTS - Assessor - Clerk - Code Enforcement - Construction - Court - Planning & Zoning - Public Safety - Public Works - Recreation - Tax Collector - Treasurer INFORMATION - Form Center - Notice To Bidders - Flood Information - Report A Pothole - Suggestion Box - Helpful Links - Union Contracts - Service Contracts - ADA © Township of Lower - All Rights Reserved. Powered by the LCMR School District
Document Text
--- Document: Engineer ---
()
Title:
ز
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2021-27
APPOINTMENT OF MUNICIPAL ENGINEER FOR THE YEAR 2021 AS A PROFESSIONAL
SERVICE CONTRACT WITHOUT PUBLIC BIDDING
WHEREAS, the Township has a need to acquire a Municipal Engineer and desires to authorize this
appointment using a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
WHEREAS, the Township has determined and certified in writing that the value of the acquisition will
exceed $17,500, and DeBlasio & Associates have submitted a proposal indicating that they will provide the
goods or services described above for a price not to exceed $450,000; and
WHEREAS, the Township Manager is granted authority to approve engineering proposals costing
$10,000 or less with a valid purchase order; availability of funds authorized by the CFO and signatures of the
appropriate officials; and
and
WHEREAS, the anticipated term of this contract is one year, January 1, 2021 thru December 31, 2021;
WHEREAS, the CFO has determined sufficient funds will be available in the budget as follows:
Appropriation:
CFO Signature
Various Capital Ordinances
Lauren Read, CFO
WHEREAS, DeBlasio & Associated have completed and submitted a Business Entity Disclosure
Certification which certifies that DeBlasio & Associates have not made any reportable contributions to a political
or candidate committee in the Township of Lower in the previous one year, and that the contract will prohibit
DeBlasio & Associates from making any reportable contributions through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Lower, County of
Cape May, State of New Jersey hereby approves a contract with DeBlasio & Associates for the goods and
services herein described and that the Business Disclosure Entity Certification and the Determination of Value
be placed on file with this resolution and that a notice of Award of Professional Contract for the above
appointment shall be published in the Township's Official paper.
MOTION SECOND
AYE
NAY
RECUSE ABSTAIN ABSENT
CONRAD
COOMBS
ROY
PERRY
SIPPEL
1, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
January 4, 2021.
Julie A Picard, Township Clerk
()
DEBLASIO &
ASSOCIATES
CONSULTING ENGINEERS AND PLANNERS
4701NEW JERSEY AVENUE WILDWOOD, NJ 08260
November 25, 2020
Ms. Julie Picard, Township Clerk
Township of Lower
2600 Bayshore Road
Villas, NJ 08251
RE:
21-27
PHONE: 609-854-3311 FAX: 609-854-4323
2021 Agreement for Professional Engineering and Planning Services
Township of Lower, Cape May County, New Jersey
VIA EMAIL & FED EX
Dear Ms. Picard:
DeBlasio & Associates, P.C. Consulting Engineers & Planners is pleased to submit qualifications to provide
2021 Municipal Engineer Services for the Township of Lower. As a consulting engineer serving
communities and governmental agencies for over 25 years, we understand the unique and time sensitive
needs that your residents, property owners and business owners require. We view your Township as ours
and will strive to develop positive and communicative relationships with your officials, residents and
partners.
Our firm operates on the principles of providing consistent and high-quality service to our clients and we
are aware that our work ultimately affects the quality of life for all in and around your community for
years to come. As such, we propose the services and expertise of myself, William Cathcart, P.E. and Cody
Stanford, EIT to serve the Township of Lower as the Municipal Engineer, Assistant Municipal Engineer,
Planning Board Engineer and Zoning Board Engineer.
As requested, we have enclosed two (2) executed copies of our 2021 Professional Engineering and
Planning Services contract with the Township. Upon execution of the agreements, please return one (1)
copy to our office for our files. We have also included the following items as requested:
•
•
2021 Fee Schedule (Exhibit B of the enclosed contract)
Business Entity Disclosure Certification
Statement of Ownership Disclosure
•
Affidavit of Pay-to-Play Compliance
•
Mandatory Equal Opportunity Form
•
Certificate of Employee Information Report
WWW.DEBLASIOASSOC.COM
()
()
DeBlasio & Associates, P.C. Consulting Engineers & Planners appreciate the consideration given to our
qualifications and trust the Township of Lower will consider us to serve as Municipal Engineer for 2021
Professional Engineering Services. Should you have any questions or require additional information,
please do not hesitate to contact me in our Wildwood office at (609) 854-3311.
Sincerely,
DeBlasio & Associates, P.C.
Man Casio
Marc DeBlasio, P.E., P.P., C.М.Е.
President
T: 609-854-3311
Marc@deblasioassoc.com
(
C
(
TAXPAYER NAME:
DEBLASIO & ASSOCIATES PC
ADDRESS:
813 HARLEQUIN DR
GALLOWAY NJ 08205-4221
EFFECTIVE DATE:
07/10/17
FORM-BRC
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
DEPARTMENT OF TREASURY/
DIVISION OF REVENUE
PO BOX 252
TRENTON NJ 08646-0252
TRADE NAME:
SEQUENCE NUMBER:
2151781
ISSUANCE DATE:
07/10/17
111
Jemier J. Zumine
Director
New Jersey Division of Revenue
or transferable it must be conspicuously displayed el a
(
(
CERTIFICATE OF EMPLOYEE INFORMATION REPORT
INITIAL
This is to certify that the contractor listed below has submitted an Employee Information Report pursuant to
N.J.A.C. 17:27-1.1 et. seq. and the State Treasurer has approved said report. This approval will remain in
effect for the period of
15-JUL-2017
to 15-JUL-2024
GREAT
DEBLASIO & ASSOCIATES, PC
813 HARLEQUIN DRIVE
GALLOWAY
NJ 08205
MAN
Certification 57817
Fadl
FORD M. SCUDDER
State Treasurer
Part B Contractor Affirmation
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To N.J.S.A. 19:44A-20.8
TOWNSHIP OF LOWER
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that the business entity by the
name DeBlasio & Associates, P.C.
has not made and will not make any reportable contributions pursuant to N.J.S.A, 19:44A-1
et seq. that, pursuant to P.L. 2004, c. 19 would bar the award of this contract in the one year period preceding January 3, 2008 to
any of the following named candidate committee, joint candidates committee; or political party committee representing the elected
officials of the Township of Lower, defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Frank Sippel
David Perry
Thomas Conrad
Kevin Coombs
Any present or future candidate committee or
joint candidate committee or local political party
committee formed for the election of members of
the Lower Township governing body.
Rolland Roy
Part II B Ownership Disclosure Certification
XI certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued and
outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Limited Partnership
✗Corporation
Sole Proprietorship
Limited Liability Corporation
Subchapter S Corporation
Limited Liability Partnership
Home Address
Name of Stock or Shareholder
Marc DeBlasio
813 Harlequin Drive, Galloway, NJ 08205
Part 3 B Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the business
entity, will be liable for lable for any penalty permitted under law.
ines Entity: De
Name of Business Entity: DeBlasio & Associates, P.C.
Signed:
Print Name: Marc DeBlasio
Subscribed and sworn before me this, 20th day of
Title: President
Date:
ELAINE E. BENINCASA
11/20/20
November, 2020
My Commission expires:
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires July 25, 2023
(
Elaine E. Benincasa
(Affiant)
Marc Desi President
(Print name & title of affiant) (Corporate Seal)
C
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I - Vendor Information
Vendor Name: DeBlasio & Associates, PC
Address:
4701 New Jersey Avenue
City:
Wildwood
State: NJ
Zip: 08260
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Man Blsio
Signature
Marc Deblaslo
Printed Name
President
Title
Part II - Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $300 per election cycle) over the 12 months prior to submission to the
committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
DeBlasio & Associates, PC
CCMRRO
1/22/2020
$ 10,000
DeBlasio & Associates, PC
Testa for Senate
2/28/2020
$ 1,000
DeBlasio & Associates, PC
Van Drew for Congress
6/23/2020
$ 1,000
Marc DeBlasio
Cape May County GOP
8/24/2020
$ 2,500
Marc DeBlasio
Citizens for Responsible Government
9/25/2020
$6,000
Pam Deblasio
Donohue for Committee
9/1/2020
$ 1,000
Marc DeBlasio
Ciaterelli for Governor
9/29/2020
$2,000
Marc Deblasio
Friends of James Toto
9/29/2020
$1,000
Marc Deblasio
Friends of Sheriff Joe
9/29/2020
$1,000
Marc Deblasio
John Risely for Freeholder
9/29/2020
$1,000
Marc DeBlasio
Friends of Andrew Parker
9/29/2020
$1,000
Check here if the information is continued on subsequent page(s)
(
AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS AND SERVICES CONTRACTS
(INCLUDING PROFESSIONAL SERVICES)
This form is a summary of the successful bidder's requirement to comply with the requirements of N.J.S.A. 10:5-
31 and N.J.A.C. 17:27-1 et seq.
The successful bidder shall submit to the public agency, after notification of award but prior to execution of this
contract, one of the following three documents as forms of evidence:
(a) A photocopy of a valid letter that the contractor is operating under an existing
Federally approved or sanctioned affirmative action program (good for one year from the
date of the letter);
OR
(b) A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4;
OR
(c) A photocopy of an Employee Information Report (Form AA302) provided by the
Division and distributed to the public agency to be completed by the contractor in
accordance with N.J.A.C. 17:27-4.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the
contracting unit during normal business hours.
C
The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and
Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public
agency, and the vendor copy is retained by the vendor.
(
The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of
N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor
fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.
COMPANY:
DeBlasio & Associates
PRINT NAME: Marc DeBlasio
DATE: _11/20/20
SIGNATURE:
M
TITLE: President
(
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L, 1975, С. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE 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 be limited to the following: employment, upgrading, domotion, 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 coples 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, gender identity or expression, disability, nationality 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 personnel 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, gender identity or expression, disability, nationality 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 subcontractors shall furnish such reports or other documents to the Div, of
Contract Compliance & EBO as may be requested by the office 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 Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
"Man
Firm Name:
DeBlasio & Associates, P.C.
Name of Agent:
Marc DeBlasio
Title:
President
Date:
11/19/20
()
FINAL AGREEMENT
AGREEMENT
FOR
PROFESSIONAL MUNICIPAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this day of January, 2021, by and
between DeBlasio and Associates PC, having its principal place of business at 4701 New Jersey
Avenue, Wildwood, New Jersey, 08260, hereinafter called "MUNICIPAL ENGINEER"; and
Township of Lower, having offices at 2600 Bayshore Road, Villas, NJ 08251, hereinafter called the
"CLIENT".
WHEREAS, CLIENT wishes to obtain professional MUNICIPAL engineering services for
the period January 1, 2021 through December 31, 2021 (sometimes referred to herein as the
"Work"), and
WHEREAS, the CLIENT desires that the MUNICIPAL ENGINEER be available to
undertake such professional engineering services as the CLIENT may order hereunder,
NOW, THEREFORE, in consideration of the premises and the covenants and agreements
contained herein, CLIENT and MUNICIPAL ENGINEER agree as follows:
SECTION 1- BASIC SERVICES OF MUNICIPAL ENGINEER
A. MUNICIPAL ENGINEER shall provide the professional engineering services of the types described
in Exhibit A hereto ("Further Description of Basic Services").
B. Written Work Orders specifying the professional engineering services required will be issued
hereunder from time to time by the CLIENT and will be mutually agreed upon by the CLIENT and
the ENGINEER. When involving capital expenditures work orders shall be in the form annexed
hereto as Exhibit A, Attachment A-1. General engineering services being charged to General
Engineering line item shall be in the form of an email to the Administrator, Public Works
Superintendent and CFO. All the terms and conditions of this Agreement shall apply to each Work
Order as if set forth at length therein.
C. MUNICIPAL ENGINEER is retained as an independent contractor and not as an employee of the
CLIENT.
D. MUNICIPAL ENGINEER shall be responsible to CLIENT for MUNICIPAL ENGINEER'S
negligent acts, errors or omissions in the performance of its professional engineering services and
those of its subcontractors, agents and employees. However, MUNICIPAL ENGINEER shall not be
responsible for the negligent acts, errors or omissions of any other persons including but not limited
to the agents, employees and contractors of CLIENT.
E. The role of the MUNICIPAL ENGINEER shall also be in the form of agent to facilitate RFP/RFQ for
public bidding of engineering services that require same at the discretion and direction of the
governing body.
F.
MUNICIPAL ENGINEER shall serve as project manager for all MUNICIPAL engineering projects.
G. Attend at least one monthly meeting of the Township Council.
H. Provide as builds in paper form and CAD form for all projects for use in the Township's GIS.
I.
Provide monthly, written engineering report to the Municipal Clerk for dissemination to the
governing body, Administrator, Solicitor, CFO and other Township employees.
1
(
C
J.
MUNICIPAL ENGINEER shall advise of grant funding opportunities and assist the Township with
application and Administration of grant process including but not limited to the completion of all
necessary paperwork and attendance at all inspections and meetings required of the funding agency.
MUNICIPAL ENGINEER agrees to compensate CLIENT if a deficit in funding results from
ENGINEER's failure to file reports with funding agency in a timely manner.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
General - If authorized in writing by CLIENT and agreed to in writing by MUNICIPAL ENGINEER,
MUNICIPAL ENGINEER shall furnish or obtain from others Additional Services which will be paid for by
CLIENT as indicated in Section 5. All additional services are subject to a Work Order and availability of
funds must be certified by the Chief Financial Officer in writing. For Capital Projects, the scope of services
and adjustment of costs must get approval of the Township Council. The following shall be Additional
Services:
(a) Services resulting from significant changes in the extent of the orders issued by the CLIENT or
changes requested by CLIENT.
(b) Additional or extended services made necessary by prolongation of the services ordered or
acceleration of the MUNICIPAL ENGINEER's progress schedule.
(c)
(d)
Services after completion of the Work as ordered by CLIENT.
Preparing to serve or serving as a consultant or witness (either expert or factual) for CLIENT in any
arbitration, litigation, public hearing or other legal or administrative proceeding involving the Work.
(;
SECTION 3 - CLIENT'S RESPONSIBILITIES
(a)
CLIENT shall:
Assist MUNICIPAL ENGINEER by placing at his disposal all available information pertinent to the
Work, including previous reports and any other data relative to the Work.
(b)
Arrange for access to and make all provisions for MUNICIPAL ENGINEER to enter upon public and
private property as required for ENGINEER to perform its services.
(c)
Examine all studies, reports, sketches and other documents presented by MUNICIPAL ENGINEER,
obtain advice of an attorney, insurance counselor and other consultants as CLIENT deems appropriate for
such examination, within a reasonable time so as not to delay the services of MUNICIPAL ENGINEER.
(d)
Designate in writing a person to act as CLIENT'S representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive
information, interpret and define CLIENT'S policies and make decisions with respect to the Work.
(e)
Give prompt written notice to ENGINEER whenever CLIENT observes or otherwise becomes aware
of any development that affects the scope or timing of ENGINEER's services or any alleged defect or non-
conformity in the work of the ENGINEER.
2
(f) The Township assumes no responsibility for engineering services for work performed after the
effective date of this contract that has not been preauthorized in writing in advance of commencement of the
services.
SECTION 4 - PERIOD OF SERVICE
(a)
The provisions of this Section 4 and the various rates of compensation for MUNICIPAL
ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Work through completion.
(b) If there are material modifications or changes in the extent of the services or in the time of
performance of MUNICIPAL ENGINEER's services, the various rates of compensation and the time of
completion of the services shall be equitably adjusted appropriately in writing.
(c) This Agreement shall cover the period from January 1, 2021 through December 31, 2021.
SECTION 5 - PAYMENTS TO MUNICIPAL ENGINEER
(a)
Engineer shall be paid an hourly fee per meeting for attendance at Township Council' meetings. Said
fee will be charged to general engineering line item.
(b)
CLIENT shall pay MUNICIPAL ENGINEER for Basic Services rendered as a fixed fee/lump sum
basis based on project specific proposals or on a time and materials basis in accordance with the
MUNICIPAL ENGINEER's Rate Schedule (2021), attached hereto as Exhibit B.
(c)
A not to exceed amount shall be established by mutual agreement for each Work Order and the
availability of funds must be certified by the Chief Financial Officer in writing.
(d)
If at any time the MUNICIPAL ENGINEER determines that, without the fault of the MUNICIPAL
ENGINEER, the not to exceed amount will not be sufficient to complete the services, he shall give notice of
the same to the CLIENT, accompanied by his estimate of the additional funding necessary to complete such
services, whereupon the CLIENT shall have the option of either providing the additional funds necessary for
the completion of the services (in which case the Work Order shall be amended by mutual agreement to set
forth the additional amounts) or reducing the further services to be provided by the MUNICIPAL ENGINEER
consistent with the remaining funds in the not to exceed amount (in which case the Work Order shall be
amended by mutual agreement to set forth the revised scope of work).
(e)
CLIENT shall pay MUNICIPAL ENGINEER for additional Services rendered, subject to revised
Work Order, the availability of funds must be certified by the Chief Financial Officer, and satisfactory
completion of project under Section 2 as follows:
(i)
For Additional Services rendered under Section 2 on the basis of ENGINEER's Hourly Rate
Schedule in effect at the time the services are rendered, and the actual hours of services rendered by
any employees assigned to the Project.
(ii)
Special Consultants. For services and reimbursable expenses of special consultants
employed by MUNICIPAL ENGINEER, the direct cost + 10%.
3
(
(f)
(iii)
For Reimbursable Expenses. In addition to payments provided for under Section 5, CLIENT
shall pay MUNICIPAL ENGINEER the actual costs of all Reimbursable Expenses incurred in
connection with Additional Services during the project.
MUNICIPAL ENGINEER shall submit monthly statements with detailed invoices attached noting
services rendered, based on project proposal billing format, which shall clearly separate general engineering
from special project engineering and reference the project and/or approved Work Order, for Basic and
Additional Services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly
payments in response to MUNICIPAL ENGINEER's monthly statements.
(g)
In the event of a termination under SECTION 6(a) of this Agreement, ENGINEER will be paid for all
unpaid Basic Services, Additional Services and unpaid Reimbursable Expenses, due as of the date of
termination.
(h)
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection with
the Project for: postage and delivery charges; and hourly labor expenses related to photographic and photo
copying, reproduction of reports, and other Work-related items as are set forth in the "Expenses" Schedule of
Exhibit B. MUNICIPAL ENGINEER to be compensated at his normal billing rates in effect for computer use
at the time the usage occurs.
C
(
SECTION 6-GENERAL PROVISIONS
(a)
Termination - Either the CLIENT or the MUNICIPAL ENGINEER may terminate this Agreement
without advance notice and effective immediately for cause which, on the part of the MUNICIPAL
ENGINEER shall be for breach of the terms and conditions of this Agreement, and, on the part of the
CLIENT, shall be for failure to make the payments under the terms of this Agreement; or, otherwise, with or
without cause, upon thirty (30) days advance written notice to the other party.
(b) Project Records - As used in this Agreement, the term, "Records", shall include plans, reports,
documents, field notes, work product, or other items generated or obtained for the Project by MUNICIPAL
ENGINEER. Only original signed and sealed documents and drawings shall constitute Records. Unsigned or
unsealed copies, prints, CADD files, computer programs, magnetic deliverables and/or any other media shall
not be considered Records. If there is a discrepancy between the signed and sealed Records and any other
documents or drawings, the Records shall prevail.
(c) Records which are instruments of service deliverable under this Agreement shall become the property
of the CLIENT upon payment for all the Work. Originals of Records shall be turned over to the CLIENT
upon job completion. At completion of any/all projects approved by the Township, original plans shall be
sent to the Township in both electronic format and paper. The CLIENT shall be entitled to additional copies
of all Records within a reasonable period of time after forwarding a written request to the MUNICIPAL
ENGINEER, provided that the CLIENT has paid the MUNICIPAL ENGINEER for all the Work.
MUNICIPAL ENGINEER shall be compensated for the reasonable costs of research and reproduction of the
additional copies of the requested Records.
(d)
Governing Law - This Agreement is to be governed by the laws of New Jersey in which the services
are to be performed.
(e)
Successors and Assigns - neither the CLIENT nor MUNICIPAL ENGINEER shall assign this
Agreement without the express written consent of the other, and except to the extent that the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an
4
(
assignment, no assignment will release or discharge the assignor from any duty or responsibility under this
Agreement. In accordance with the terms of his agreement, nothing contained in this paragraph shall prevent
MUNICIPAL ENGINEER from employing such independent consultants, associates and subcontractors as he
may deem appropriate to assist him in the performance of the Work hereunder.
(f)
Estimates of Cost - Since MUNICIPAL ENGINEER has no control over the cost of labor, materials
or equipment, or over contractor(s) methods of determining prices, or over competitive bidding or market
conditions, his opinions of estimated Project cost or construction cost are to be made on the basis of his
experience and qualifications and represent his professional judgment as an engineer, but MUNICIPAL
ENGINEER cannot and does not guarantee that such cost will not vary from opinions of estimated cost
prepared by him.
(g) The mandatory language of applicable equal employment opportunity and affirmative action laws and
regulations promulgated by the federal and state governments having jurisdiction are incorporated by
reference into this Agreement. MUNICIPAL ENGINEER agrees to afford equal opportunity in performance
of this Agreement in accordance with an affirmative action program approved by the appropriate authorities.
SECTION 7 - EXHIBITS
•
•
The following Exhibits are attached to and made a part of this Agreement:
Further Description of Basic Services (Exhibit A).
Schedule of Hourly Rates and Expenses (Exhibit B)
Certificate of Insurance naming Township of Lower as "Additional Insured"
SECTION 8 - INSURANCE
MUNICIPAL ENGINEER shall carry the following insurance during the performance of its services
and shall provide certificates of insurance evidencing its coverage, prior to starting the Work. The certificates
of insurance shall provide for advance notice to the CLIENT of any subsequent modification or cancellation
of the coverages:
(a)
Worker's Compensation Insurance with statutory coverage and $1,000,000 employer's liability
coverage.
(b)
Commercial General Liability Insurance with aggregate annual limits of $1,000,000.
(c)
Automobile Liability Insurance with aggregate annual limits of $1,000,000.
(d)
Professional Liability Insurance with aggregate annual limits of $1,000,000.
-5-
C
SECTION 9 - INDEMNIFICATION AND WAIVER
(a) The Township shall be named as an additional insured for general liability coverage under such
policy of insurance that Engineer shall be required to obtain, and by execution of this agreement Engineer has
guaranteed his having procured the requisite insurance coverages sufficient to otherwise enable that the
Township will be fully protected in each and every occurrence, and said procurement shall be herewith
required in advance of commencing any work in connection with this agreement. The Engineer shall provide
the Township with evidence of insurance coverage in the form of a certificate which shall also provide that
the insurer shall be obligated to notify the Township of any cancellation or modification of insurance
coverage to the Engineer within thirty (30) days thereof.
(b) The MUNICIPAL ENGINEER hereby agrees to indemnify and hold harmless
CLIENT and its subcontractors, consultants, agents, officers, directors and employees from and against any
and all claims, damages, losses and expenses, whether direct, indirect, or consequential (including but not
limited to reasonable attorneys' fees), arising out of, resulting from, or alleged to have arisen out of or to have
resulted from, the services or work, or the failure to perform services or work, of, or any claims against
CLIENT arising from the negligence of the MUNICIPAL ENGINEER, except for those claims, damages,
losses or expenses proximately caused by the gross negligence, sole negligence or willful misconduct of
CLIENT. It is the intention of the parties that pursuant to this waiver and indemnification provision, the
MUNICIPAL ENGINEER shall indemnify CLIENT to the fullest extent permitted by law for liabilities
arising other than from the sole negligence or willful misconduct of CLIENT. Such indemnification shall
also not apply to claims, damages, losses or expenses which are finally determined to result from the fraud,
intentional tort, bad faith or criminal misconduct of CLIENT.
SECTION 10 - DISPUTE RESOLUTION
CLIENT and MUNICIPAL ENGINEER agree that any disputes arising out of this Agreement which
cannot be resolved through good faith negotiations shall be submitted to binding alternative dispute resolution
proceedings to be conducted before ENDISPUTE or a comparable private dispute resolution service. All fees
incurred in the maintenance of such ADR proceedings (exclusive of attorney fees) shall be equally born by
CLIENT and MUNICIPAL ENGINEER.
SECTION 11-HEALTH AND SAFETY
CLIENT shall be solely responsible for the health, safety and welfare of its employees and agents and
others with regard to the Work, and shall strictly comply with all health and safety rules, including but not
limited to MUNICIPAL ENGINEER's Injury, Illness and Prevention Program or applicable guidance which
may be provided by MUNICIPAL ENGINEER, and all other applicable rules, regulations and guidance
required by MUNICIPAL ENGINEER, Client or applicable government agencies relating to the Work.
CLIENT is solely responsible for establishing and enforcing any additional requirements that CLIENT deems
necessary to protect its employees, MUNICIPAL ENGINEER's employees, and any other persons entering
the site for purposes relating to CLIENT'S operations.
SECTION 12 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between CLIENT and MUNICIPAL ENGINEER
and supersedes all prior written or oral understandings. This Agreement may only be amended,
supplemented, modified or cancelled by the terms of a mutually agreed written instrument. In case of any
--- Document: Bond Counsel ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2020-08
Title:
APPOINTMENT OF BOND COUNSEL FOR THE YEAR 2020 AS A PROFESSIONAL SERVICE
CONTRACT WITHOUT PUBLIC BIDDING
WHEREAS, the Township of Lower ("Township") has a need to acquire bond counsel and is satisfied
with the services rendered by the current vendor and desires to authorize this appointment using a non-fair and
open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
WHEREAS, the Township has determined and certified in writing that the value of the contract may
exceed $17,500, and Archer & Greiner, P.C. has submitted a proposal indicating that they will provide the goods
or services described above; and
WHEREAS, the term of this contract is one year, January 1, 2020 - December 31, 2020 and the CFO
has determined sufficient funds will be available in the current budget as follows:
Appropriation: Applicable Bond Ordinances
CFO Signature:
Lauren Read, CFO
WHEREAS, Archer & Greiner has completed and submitted a Business Entity Disclosure Certification
which certifies that Archer & Greiner has not made any reportable contributions to a political or candidate
committee in the Township of Lower in the previous one year, and that the contract will prohibit Archer & Greiner
from making any reportable contributions through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Lower, County of
Cape May, State of New Jersey hereby approves a contract with Archer & Greiner for the goods and services
herein described and that the Business Disclosure Entity Certification and the Determination of Value be placed
on file with this resolution and that a notice of Award of Professional Contract for the above appointment shall be
published in the Township's Official paper.
MOTION SECOND AYE NAY ABSTAIN ABSENT
CONRAD
PERRY
ROY
SIPPEL
SIMONSEN
+++++
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
January 6, 2020.
Julie A Picard, Township Clerk
20-08
BOND COUNSEL SERVICES
AGREEMENT
THIS AGREEMENT, made as of this day of January, 2020, between the TOWNSHIP OF
LOWER, a body politic of the State of New Jersey, herein designated as the "Township",
party of the first part, and ARCHER & GREINER, P.C., Attorneys at Law with offices at 10
Highway 35, Red Bank, New Jersey, hereinafter designated as "Bond Counsel", party of the
second part:
WITNESSETH:
1. The Township desires to authorize and to issue its bonds for various capital projects and
to provide for the terms and the security of such bonds in accordance with the laws of the
State of New Jersey. The Township desires to finance such capital projects through
temporary and permanent obligations at the most advantageous terms available to it.
2. Bond Counsel, in consideration of the making and the signing of the within Agreement,
agrees to render the following services:
A. Bond Counsel will prepare or review all bond ordinances adopted or to be adopted
by the governing body.
B. Bond Counsel will assemble a certified record of proceedings to evidence the
proper adoption of each bond ordinance in accordance with the provisions of the Local Bond
Law and other applicable New Jersey Statutes.
C. When the Township determines to issue bonds, Bond Counsel will prepare the
necessary resolutions or other operative documents authorizing the bond sale. Bond Counsel
will seek the advice of the Auditor in connection with the appropriate maturity schedule for
the bonds to be sold. Bond Counsel will coordinate the printing and the distribution of the
Official Statement to those financial institutions that customarily submit bids for new issues
of New Jersey municipal bonds of that type. It will arrange for the printing of the notice of
sale in The Bond Buyer and in the local newspaper, as required by law, and will answer
inquiries made by the investment community concerning the bond sale. Bond Counsel will
attend the bond sale and will render legal advice as necessary concerning the submission of
bids for the bonds in accordance with the notice of sale and the requirements of law. After
the bond sale, Bond Counsel will prepare the bonds for execution, will prepare and see to the
execution of the necessary closing certificates and will establish the time and the place for the
delivery of the bonds to the successful bidder. Bond Counsel will attend the closing with the
appropriate officials, at which time the bonds will be delivered, payment will be made for the
bonds, and Bond Counsel will issue a final approving legal opinion with respect to the validity
of the bonds.
D. When the Township determines to issue bond anticipation notes or tax anticipation
notes, Bond Counsel will prepare any necessary resolutions to authorize the sale of such notes.
When the purchaser and the details of the notes have been determined, Bond Counsel will
prepare the notes for execution and will prepare the appropriate closing certificates and an
approving legal opinion with respect to the notes. Unless requested otherwise, Bond Counsel
will forward the notes, closing papers and approving legal opinion to the Township Attorney
for execution and delivery.
E. Bond Counsel will provide basic advice in regard to the effect of the federal
arbitrage regulations on the issuance of bonds or bond anticipation notes and the investment
of the proceeds thereof.
F. Bond Counsel will provide other legal advice requested by the Township, provided
such advice is within the legal expertise of Bond Counsel's law firm.
G. Bond Counsel will prepare, review and distribute the Preliminary and Final
Official Statements in connection with any bond or note financing.
H. Bond Counsel will provide legal services, prepare the necessary documentation
and review and comment upon all documents in connection with any capital equipment lease
financing or pooled loan financing undertaken by the Township.
I. Bond Counsel will provide legal services listed in the Township's solicitation of
qualifications, which are incorporated herein by this reference.
3. The Township will make payment to Bond Counsel for services rendered in accordance
with the following schedule:
A. For services rendered or in connection with each bond sale, a fee of $3,500, plus
$1.00 per thousand dollars of bonds issued. Time relating to the review of the Official
Statement, the continuing disclosure document or other disclosure document will be billed at
the hourly rates described in Section 3F below.
B. For services rendered in connection with the preparation of each bond ordinance,
a fee of $450 for each single purpose ordinance and $550 for each multipurpose ordinance.
If the preparation of the ordinance involves consultations, meetings or discussions that are out
of the ordinary, that is, services that are not described in Section 2 hereof such as attendance
at meetings, attention to litigation or other matters described in Section 3F, there will be
additional fees to be charged at the hourly rates of the attorneys in effect at the time of
providing the services. The fees for services in connection with the ordinances will be charged
periodically during the course of the year.
C. The fee for any temporary financing involving a private placement and not
involving numerous notes, preparation of an Official Statement, complicated arbitrage
analysis, investment yield restrictions or attendance at the closing shall be $1,200.00 for Bond
Counsel's approving legal opinion in connection with such a financing and $.50 per thousand
dollars of bond or tax anticipation notes or emergency notes issued. If additional services are
required, such as with issues involving refundings or the combination of numerous
ordinances, the additional time required will be billed at the hourly rates in effect when the
services are performed.
D. In the event that a Letter of Credit or similar credit enhancement facility is used in
connection with either a bond or note issue, an additional fee based on the responsibility
assumed and time involved will be billed at the hourly rates described in Section 3F below.
E. In the event of a bond issue providing the payment of a prior issue of bonds, there
will be a fee of $5,000 in addition to the fees described herein.
F. Services rendered beyond the scope of those described above will be billed at the
hourly rates in effect when the services are rendered. The present hourly rates range from
$75 to $165 per hour depending on the paralegal or attorney involved. Such services
include, but are not limited to, attendance at meetings, work involved in the preparation or
review of the Official Statement and a continuing disclosure agreement, if applicable, for a
bond sale or the review or the preparation of an Official Statement and a continuing disclosure
agreement, if applicable, for a bond anticipation note sale, diligence for a bond ordinance,
review of authorization proceedings for a bond ordinance, preparation of prequalification
packages for bond insurance, preparation of a rating agency package, analysis of any credit
enhancement facility, the preparation or review of a Local Finance Board application,
attention to or services rendered with regard to any litigation that may occur or any legal
question posed by the Township, tax work, complicated arbitrage analysis or applications to
the Federal Reserve Bank for investments of bond or note proceeds in State and Local
Government Series federal obligations and legal services, the preparation of the necessary
documentation and reviewing and commenting upon all documentation in connection with
any capital equipment lease financing, pooled loan financing or loan financing undertaken by
the Township through an Improvement Authority, NJIB, USDA or any other legal services
the Township wishes Bond Counsel to perform.
G. In the event that a bond sale is held but all bids are rejected or the sale is cancelled,
or this Agreement is terminated prior to the sale of bonds, the fee to be charged shall be a
reasonable one, based on the services performed.
H. Customary at-cost disbursements shall be added to the fees referred to in this
Agreement. These may include photocopying, express or overnight delivery charges and
postage costs, newspaper publication costs and the costs of printing official statements, travel
expenses, telecommunications, filing fees, book binding, messenger service or other costs
advanced on behalf of the Township.
I. This Agreement shall be in full force and effect until such time as either party gives
written notice to the other of termination.
4. Bond Counsel and the Township hereby incorporate into this contract the mandatory
language of Subsection 3.4(a) and the mandatory language of Section 5.3 of the Regulations
promulgated by the Treasurer of the State of New Jersey pursuant to P.L. 1975, c. 127, as
amended and supplemented from time to time, and Bond Counsel agrees to comply fully with
the terms, the provisions and the conditions of Subsection 3.4(a) and of Section 5.3, provided
that Subsection 3.4(a) shall be applied subject to the terms of Subsection 3.4(d) of the
Regulations.
IN WITNESS WHEREOF, the TOWNSHIP OF LOWER has caused this Agreement to be
duly executed by its proper officers and has caused its corporate seal to be hereto affixed, and
Bond Counsel has caused this Agreement to be duly executed by the proper party as of the
day and year first above written.
ATTEST:
TOWNSHIP OF LOWER
BY:
ENIK Singer, Mayor
Authorized Officer
Township Clerk
ARCHER & GREINER P.C.
BY:
JOHN M. CANTALUPO
P.L. 1975, C. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND 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, sex, 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, sex, affectional or sexual orientation. Such action
shall include, but not be 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, sex, affectional or sexual orientation.
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 the regulations
promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended and supplemented
from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and
female workers consistent with the applicable county employment goals prescribed by
N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c.127, as amended
and supplemented from time to time or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant
to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c.127, as
amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment
agencies in the area, including 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, sex, affectional or sexual orientation, 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 personnel 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.
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, sex, affectional or sexual
orientation, and conform with the applicable employment goals, consistent with the statutes
and court decisions of the State of New Jersey, and applicable Federal law and applicable
Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the
Affirmative Action Office as may be requested by the office 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 Affirmative Action Office for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C.
17:27).
217659517v1
i
Taxpayer Identification# 222-092-948/000
Dear Business Representative:
12/30/04
Congratulations! You are now registered with the New Jersey Division of Revenue.
Use the Taxpayer Identification Number listed above on all correspondence with the Divisions
of Revenue and Taxation, as well as with the Department of Labor (if the business is subject
to unemployment withholdings). Your tax returns and payments will be filed under this number,
and you will be able to access information about your account by referencing it.
Additionally, please note that State law requires all contractors and subcontractors with Public
agencies to provide proof of their registration with the Division of Revenue. The law also amended
Section 92 of the Casino Control Act, which deals with the casino service industry
We have attached a Proof of Registration. Certificate for your use. To comply with the law, if you are
currently under contract or entering into a contract with a State agency, you must provide a copy
of the certificate to the contracting agency.
(609)2
mile @kento call our Registration Hotline af
I wish you continued success in your business endeavors
TAXPAYER NAME:
Sincerely.
& Kelly
John E. Tully, CPA
Director
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
DEPARTMENT OF TREASURY/
DIVISION OF REVENUE
PO BOX 252
TRENTON, N06646-0252
ARCHER & GREINER, A PROFESSIONAL CORPORA
ADDRESS:
1 CENTENNIAL SQUARE
HADDONFIELD NJ 08033
EFFECTIVE DATE:
12/12/75
FORM-BRC(08-01)
TRADE NAME:
SEQUENCE NUMBER:
0066793
ISSUANCE DATE:
12/30/04
Director
This Certificate is NOT assignable or transferable. It must be conspicuously displayed at above address.
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L., 1975, С. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE 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, oreed, 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 be 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, avallable to employees and applicants for employment, notices to be provided by the
Public Agency Compliance Officer setting forth provisions of this nondiscrimination olause.
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, ancostry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or sox.
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
consplouous 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 timo 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 applicablo 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 agenoles, 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, gender Identity or expression, disability, nationality or sex, and
that it will discontinue the use of any recruitment agenoy which engages in direct or indirect
discriminatory practices,
The contractor or subcontractor agrees to roviso any of its testing procedures, if necessary, to
assure that all personnel 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 Jaw 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, gender Identity or expression, disability, nationality or sex, consistent with the
statutes and court decisions of the State of New Jersey, and applicable Federal law and applicablo Federal-
court decisions.
The contractor shall submit to the publio 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 subcontractors shall furnish such reports or other documents to the Div. of
Contract Compliance & BEO as may be requested by the office from time to timo in order to carry out the
purposes of these regulations, and public agenoles shall furnish such information as may be requested by
the Div. of Contract Compliance & BEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
Firm Name: Archer & Greiner, PC
Name of Agent:
Title:
Date:
Christopher R. Gibson
President
12/5/19
Part I B Contractor Affirmation
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To N.J.S.A. 19:44A-20.8
TOWNSHIP OF LOWER
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that the business entity by the
name Archer & Greiner, PC
has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1
et seq. that, pursuant to P.L. 2004, c. 19 would bar the award of this contract in the one year period preceding January 3, 2008 to
any of the following named candidate committee, joint candidates committee; or political party committee representing the elected
officials of the Township of Lower, defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Erik Simonsen
Frank Sippel
Thomas Conrad
David Perry
Rolland Roy
Part II B Ownership Disclosure Certification
Any present or future candidate committee or
joint candidate committee or local political party
committee formed for the election of members of
the Lower Township governing body.
_ I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued and
outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
✗ Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Subchapter S Corporation
Limited Liability Partnership
Name of Stock or Shareholder
No one stockholder owns 10% or more.
Home Address
Part 3 B Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the business
entity, will be liable for any penalty permitted under law.
Name of Business Entity:
Entity: Archer & Greiner, PC
Signed:
Title: President
Print Name: Christopher R. Gibson
Date: 12/5/19
Subscribed and sworn before me this day of
December, 2019
My Commission expires:
9/24/24
SSIBI
J81
NISSIN
Laurio & Rein
(Affiant)
(Print name & title of affiant) (Corporate Seal)
LOWER TOWNSHIP
2600 BAYSHORE ROAD
VILLAS, NJ 08251
(609) 886-2005
AFFIDAVIT OF PAY-TO-PLAY COMPLIANCE
1. 1
of
The Undersigned, being duly sworn, of full age according to law, upon my oath, depose and say:
duly
authorized
representative
(the "Business Entity"), which for the purposes of this Affidavit Includes all entitles of which the Business
Entity owns, directly or Indirectly, a more than 50% eqully Interest.
am
a
2. The Business Entity is seeking the award of a Professional Services Contract or
Unspeciflable Services Contract pursuant to the exceptions from public bidding under Sections 5(1) of
the Local Public Contracts Law, N.J.SA, 40A:11-1, et seq..
3. In accordance with Lower Township Ordinance No. 2004-10 (the "Pay-to-Play
Ordinance"), I am making this Affidavit under penaltles of perjury to represent to the Township of Lower
that neither I nor the Business Entity have made any political contributions in violation of Section 95-2 of
the Pay-to-Play Ordinance.
4. Also In accordance with the Pay-to-Play Ordinance, I am disclosing that the
following represents all of the contribullons that were made by the Business Entily and, to the best of
my knowledge, all principals owning 10% more of the Business Entity's eqully, their respective
spouses, and all of the Business Entily's employees and officers and their respective spouses, to all
New Jersey State and County pollical party committees commencing on the later of the effective date
of the Pay-to-Play Ordinance (October 4, 2004) or twelve (12) months from date of this Affidavit and
ending on the date of this Affidavit:
Name of Organization
Date
Amount
4. I represent and acknowledge that I have received, read and fully understand the
Pay-to-Play Ordinance and that my violation of the Pay-to-Play Ordinance will disqually me and the
Business Entily from recelving any additional contract from the Township of Lower for a period of four
(4) years and, in the event any statements made in this Affidavit are willfully false, that I and the
Business Entily would be subject to criminal prosecution for perjury.
Swom and Subscribed to before me a
day of December 2009
this da
Notary Public
(APM00008056.DO
008056.DOC v. 1)
Christopher R. Gibson, President
AW
SEME
ION
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to
submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization: Archer & Greiner, PC
Organization Address:
One Centennial Square, Haddonfield, NJ 08033
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
☑ For-Profit Corporation (any type)
Partnership
Other (be specific):
Part II
Limited Liability Company (LLC)
Limited Partnership
Limited Liability Partnership (LLP)
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the partnership
who own a 10 percent or greater interest therein, or of all members in the limited liability
company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE
THE LIST BELOW IN THIS SECTION)
OR
X
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no
individual partner in the partnership owns a 10 percent or greater interest therein, or no
member in the limited liability company owns a 10 percent or greater interest therein, as the
case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Home Address (for Individuals) or Business Address
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS
OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10
percent or greater beneficial interest in the publicly traded parent entity as of the last annual:
federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure
can be met by providing links to the website(s) containing the last annual filing(s) with the federal
Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each
person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the
relevant page numbers of the filing(s) that contain the information on each such person. Attach
additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #'s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed
in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be
continued until names and addresses of every noncorporate stockholder, and individual partner, and
member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has
been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of
my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the
bidder/proposer; that the Township of Lower is relying on the information contained herein and that I am under a continuing
obligation from the date of this certification through the completion of any contracts with Township of Lower to notify the
Township of Lower in writing of any changes to the information contained herein; that I am aware that it is a criminal offense
to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under
the law and that it will constitute a material breach of my agreement(s) with the, permitting the Township of Lower to
declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Signature:
Christopher R. Gibson
Title:
President
Date:
12/5/19
Certification 11582
CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RENEWAL
This is to certify that the contractor listed below has submitted an Employee Information Report pursuant to
N.J.A.C. 17:27-1.1 et. seq. and the State Treasurer has approved said said report. This approval will remain in
effect for the period of
15-JUL-2019
to 15-JUL-2022
GREAT
ARCHER & GREINER,
P.C
ONE CENTENNIAL SQUARE
THE
de
HADDONFIELD
NJ 08033
COMERTTAND
1770
NEW JERSEY
Mor
ELIZABETH MAHER MUOIO
State Treasurer
--- Document: Township Solicitor ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2020-01
APPOINTMENT OF MUNICIPAL SOLICITOR FOR THE YEAR 2020 AS A PROFESSIONAL
SERVICE CONTRACT WITHOUT PUBLIC BIDDING
WHEREAS, the Township Of Lower has the need to acquire legal counsel, and is satisfied with services
rendered by the current vendor and desires to authorize this appointment using a non-fair and open contract pursuant
to the provisions of N.J.S.A. 19:44A-20.5; and
WHEREAS, the Township has determined and certified in writing that the value of the acquisition will exceed
$17,500; and,
WHEREAS, the anticipated term of this contract is one year; and
WHEREAS, David Stefankiewicz of Stefankiewicz & Belasco has submitted a proposal indicating that he will
provide the goods or services described hereinabove at a price of $34,000 per annum for attendance at meetings plus
all other services to be billed at $175.00 per hour; $225.00 per hour for two or more attorneys simultaneously required
to collaborate; for a total price not to exceed $150,000 for the year; and
WHEREAS, the CFO has determined sufficient funds will be available in the current budget as follows:
Appropriation #
CFO Signature
01-20-155-200
Lauren Read, CFO
WHEREAS, David Stefankiewicz of Stefankiewicz & Belasco has completed and submitted a Business Entity
Disclosure Certification which certifies that he has not made any reportable contributions to a political candidate or
committee in the Township of Lower in the previous one year, and that the contract will prohibit him from making any
reportable contributions through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Lower, County of Cape
May, State of New Jersey hereby appoints David Stefankiewicz of Stefankiewicz & Belasco as Solicitor and approves
the contract with David Stefankiewicz of Stefankiewicz & Belasco for the goods and services described above.
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value
be placed on file with this resolution.
BE IT FURTHER RESOLVED that a notice of Award of Professional Contract for the above appointment shall
be published in the official Township paper.
MOTION SECOND
CONRAD
PERRY
ROY
SIPPEL
SIMONSEN
AYE
NAY
ABSTAIN ABSENT
X
X
X
X
X
X
X
X
X
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on January 6, 2020.
Julie A Picard, Township Clerk
20-01
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made as of the 10 day of January, 2020, by and between THE
TOWNSHIP OF LOWER, A MUNICIPAL CORPORATION of the State of New Jersey
(hereinafter referred to as "Township") and DAVID A. STEFANKIEWICZ, ESQUIRE, an attorney-
at-law of the State of New Jersey (hereinafter referred to as "Township Solicitor"), of the Law Firm of
Stefankiewicz & Belasco, LLC (hereinafter, referred to as the "Law Firm"), having an office at 111 E.
17th Avenue, Suite 100, North Wildwood, New Jersey 08260.
WITNESSETH
day of
WHEREAS, pursuant to Resolution adopted by the Township Council on the
January, 2020, David A. Stefankiewicz, Esquire, was appointed Township Solicitor for the Township
of Lower; and
WHEREAS, said appointment was made in accordance with the provisions of the Local Public
Contracts Law of the State of New Jersey under the Fair and Open Process which requires the
execution of a written contract; and
WHEREAS, the Township Solicitor hereby represents that both he and his law firm are in
good standing with the State of New Jersey and are authorized to practice law and do business therein;
and
WHEREAS, the Chief Financial Officer of the Township of Lower has certified the
availability of funds for the purposes hereof through an adequate appropriation in the municipal budget
for the current year; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
1
1. APPOINTMENT: The Township hereby employs David A. Stefankiewicz, Esquire, as its
Township Solicitor until December 31, 2020 or until such time as a successor is appointed after the one
(1) year term of this Contract has ended.
2.
COMPENSATION: Township shall pay to the Township Solicitor the sum of Thirty-Four
Thousand ($34,000.00) Dollars payable in equal bi-monthly amounts as basic compensation to attend
work sessions and regular and special meetings of Council which services do not constitute and are
exempt from billable legal services as defined in the following Section.
3.
BILLABLE LEGAL SERVICES: All other legal services performed by the Township
Solicitor on behalf of the Township shall be billable at the billing rate set forth herein with the
exception of those set forth in the preceding Section 2. These legal services include but are not limited
to preparation and review of Resolutions and Ordinances as necessary; receiving, reviewing,
responding, consulting and advising the Township and its representatives on legal matters; drafting and
addressing all correspondence pertaining to the Township's day-to-day legal affairs and responding to
all questions from Council, the Mayor and the Township Manager and such other Township officers,
employees and agents related to the governance of the Township; reviewing legal issues and providing
advice as to applicable privileges and/or legal requirements relevant to such items; assisting the
Township Clerk/Manager in connection with duties under the Open Public Records Act and all other
laws governing the operation of the Township; reviewing, researching and rendering written and/or
verbal legal opinions that the Township may require on matters related to governance or legal affairs of
the Township; reviewing documents related to bonding procedures and consulting with bond counsel;
preparing as necessary and reviewing as to form and sufficiency all documents related to the public
bidding process for Township projects and rendering opinions thereon for purposes of awarding or
2
rejecting bids; addressing questions of land use law from the Zoning and Construction officials;
keeping abreast of current legal changes and issues affecting the Township; preparing and reviewing
real estate documents including but not limited to deeds and easements on behalf of the Township;
handling legal research projects; engaging in consultations with internal and outside professionals
and/or agencies; dealing with the media on legal issues; attendance and/or participation at informal
meetings, hearings, and/or information sessions on behalf of the Township and/or assisting the
Township Manager in extraordinary matters outside of the day-to-day operation of the Township;
representing the Township in all matters involving litigation and all other legal matters except for
litigation and legal matters which require retention of a specialist(s) for which the Solicitor shall
consult with the Township concerning choice of counsel and shall serve as the liaison between said
counsel and the Township and review the performance of said counsel; apprise the Township of the
status of litigation and legal matters in a timely manner; selecting outside counsel for real estate tax
appeals should solicitor in his sole discretion elect not to handle such appeals and to review and
monitor the performance of said counsel if so retained; and otherwise performing all other obligations
and duties requested by the Township or customarily performed by a municipal solicitor in the course
of governmental business in the State of New Jersey. It is contemplated that some or all of the work
required hereunder may be performed by Robert Belasco, Esquire and/or other attorneys in the
Solicitor's law firm under the direction and supervision of the Solicitor.
The Township shall compensate the Township Solicitor for all services described in this
Paragraph 3 at the rate of One Hundred Seventy Five ($175.00) Dollars per hour including work
performed by any other attorney employed by his firm. However, in the event two (2) or more
attorneys are required to simoultaneaously collaborate on any legal matter and/or jointly hanhdle any
3
legal matter which occurs from time to time, the Solicitor shall be paid a combined rate of Two
Hundred Twenty-Five ($225.00) Dollars per hour. All services required in the Paragraph shall be
compensated on an hourly basis in increments of tenths of an hour. Billing in accordance with this
Section shall not exceed One Hundred Fifty Thousand ($150,000.00) Dollars without the prior
approval of the Township.
4. The Township shall have no responsibility to provide or pay for items generally regarded to be
included in the overhead costs of a law practice.
5. The Township shall not be required to furnish any medical hospitalization or major medical
coverage to the Township Solicitor.
6. The Township Solicitor shall provide his own professional liability and workmen's
compensation insurance and shall provide same for any and all employees of his law firm.
7. The specific term of this agreement shall be for one (1) year from the date of the reorganization
meeting in January 2020, until the first meeting of the Township Council in 2021, or until
reappointment or until the appointment of a successor at the expiration of this Contract. This
Agreement may be extended upon the written execution thereof by all parties and in accordance with
the law.
8. Any controversy or claim arising out of or relating to the interpretation of this Contract shall be
settled by arbitration in Cape May County under the laws of the State of New Jersey before an arbiter
chosen by the American Arbitration Association; the decision of the arbitrator shall be final and
binding upon both parties and any award made by the arbiter may be entered as a Judgment in any
Court of competent jurisdiction.
4
9. This Contract has been awarded to David A. Stefankiewicz, Esquire, based on his merits and
abilities to provide the goods and services as described herein. This Contract was awarded as a
professional service contract. As such, the undersigned does hereby attest that David A.
Stefankiewicz, Esquire, his subsidiaries, assigns or principals controlling in excess of 10% of the
company he works for has neither made a contribution that is reportable pursuant to the Election Law
Enforcement Commission pursuant to N.J.S.A. 19: 44A-8 or 19: 44A-16, in the one (1) year preceding
the award of the Contract that would, pursuant to P.L. 2004, c. 19, affect his eligibility to perform this
Contract, nor will he make a reportable contribution during the term of the Contract to any political
party committee in the municipality if a member of that political party is serving in an elective public
office of that municipality when the Contract is awarded.
10. During the performance of this Contract, the Township Solicitor agrees as follows:
a. The Township Solicitor 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 or sex. The Township Solicitor 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 or
sex.
Such action shall include, but not be limited to, the following: (i) employment, upgrading,
demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of
pay or other forms of compensation; and (v) selection for training, including apprenticeship. The
Township Solicitor 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 non-discrimination clause.
5
b.
The Township Solicitor or subcontractor, where applicable, will in all
solicitations or advertisements for employees placed by or on behalf of the Township Solicitor, state
that all qualified applicants will receive consideration for employment without regard to age, race,
creed, color, national origin, ancestry, marital status or sex.
с. The Township Solicitor or subcontractor where applicable, will send to each
labor union or representative of 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 Township Solicitor's commitments under applicable law, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
d.
The Township Solicitor or subcontractor, where applicable, agrees to comply
with the regulations promulgated by the Treasurer of the State of New Jersey ("Treasurer") pursuant to
P.L. 1975, c. 127, as amended and supplemented from time to time.
e. The Township Solicitor or subcontractor, where applicable, agrees to attempt in
good faith to employ minority and female workers consistent with the applicable county employment
goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as
amended and supplemented from time to time, or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C.
17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented
from time to time.
f.
The Township Solicitor or subcontractor, where applicable agrees to inform in
writing appropriate recruitment agencies in the area, including employment agencies placement
bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed,
6
20-01
SolicitoL
color, national origin, ancestry, marital status or sex, and that it will discontinue the use of any
recruitment agency which engages in direct or indirect discriminatory practices.
g. The Township Solicitor or subcontractor where applicable, 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 or sex, and conform
with the applicable employment goals, consistent with the statutes and court decisions of the State of
New Jersey, and applicable federal law and applicable federal court decisions.
h. The Township Solicitor or subcontractor, where applicable, shall furnish such
reports or other documents to the a affirmative Action office as may be requested from time to time in
order to carry out the purposes of the regulations of the Treasurer promulgated under P.L. 1975, c. 127,
and public agencies shall furnish such information as may be requested by the Affirmative Action
Office for conduction for a compliance investigation pursuant to Subchapter 10 of N.J.A.C. 17:27.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the date first
above written.
WITNESS:
THE TOWNSHIP OF LOWER
By:
Erik Bimorses, Mayor
TOWNSHIP SOLICITOR
WITNESS:
анзд
By:
7
12/24/16
Taxpayer Identification# 810-800-449/000
Dear Business Representative:
Congratulations! You are now registered with the New Jersey Division of Revenue.
Use the Taxpayer Identification Number listed above on all correspondence with the Divisions
of Revenue and Taxation, as well as with the Department of Labor (if the business is subject
to unemployment withholdings). Your tax returns and payments will be filed under this number,
and you will be able to access Information about your account by referencing It.
Additionally, please note that State law requires all contractors and subcontractors with Public
agencies to provide proof of their registration with the Division of Revenue. The law also amended
Section 92 of the Casino Control Act, which deals with the casino service industry.
We have attached a Proof of Reglatration Certificate for your use. To comply with the law, if you are
currently under contract or entering into a contract with a State agency, you must provide a copy
of the certificate to the contracting agency.
If you have any questions or require more Information, feel free to call our Registration Hotline at
(609)292-9292,
I wish you continued success in your business endeavors.
Sincerely,
Jover J. Jusine
James J. Fruscione
Director
New Jersey Division of Revenue
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE"
DEPARTMENT OF TREASURY
DIVISION DE RUVENUE
TRENTON, IN 0804602
TAXPAYER NAME:
STEFANKIEWICZ & BELASCO LLC
ADDRESS:
111 E 17TH STREET SUITE 100
NORTH WILDWOOD NJ 08260
EFFECTIVE DATE
12/24/15
TRADE NAME:
SEQUENCE NUMBER:
2008437
ISSUANCE DATE:
12/24/15
12/24/1892
Director
Now Jorsoy Division of Revenua
FORM BBC
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 ensure that equal
employment opportunity is afforded to such applicants in recruitment and employment, 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 equal employment opportunity shall include, but not limited to the following: employment, upgrading,
demotion, or transfer; reselection 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 for 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.
The contractor or subcontractor agrees to make good faith efforts to afford equal employment
opportunities to minority and women workers consistent with Good faith efforts to meet targeted county
employment goals established in accordance with 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, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of
any recruitment agency which engages in direct or indirect discriminatory practices.
Exhibit A - Mandatory Equal Employment Opportunity Language
N.J.S.A. 10:5-31 et seq.,
N.J.A.C. 17:27
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 targeted 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, gender identity or expression, disability, nationality 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
Public Contracts Equal Employment Opportunity Compliance 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 Public Contracts Equal Employment Opportunity
Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative
Code at N.J.A.C. 17:27
Submitted by:
Name of
Firm:
By:
Title:
Date:
Stetankiewicz and Belasco, LLL
Solicitor
11/20/19
Law Office Of
Stefankiewicz & Belasco
111 E 17Th Ave Ste 100
North Wildwood, New Jersey 08200
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To N.J.S.A. 19:44A-20.8
TOWNSHIP OF LOWER
Part I - Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that the <name of business
entity> has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to
P.L. 2004, c. 19 would bar the award of this contract in the one year period preceding (date of award scheduled for approval of the
contract by the governing body) to any of the following named candidate committee, joint candidates committee; or political
party committee representing the elected officials of the <name of entity of elected officials> as defined pursuant to N.J.S.A.
19:44A-3(p), (q) and (r).
Erik Simonson, Mayor
Frank Sippel, Deputy Mayor
Thomas Conrad, Council Member Ward 1
David Perry, Council Member Ward 2
Roland Roy, Council Member Ward 3
Part II – Ownership Disclosure Certification
Any present or future candidate or
Joint candidate committee or local political party
Committee formed for the election of members of
The Lower Township governing body.
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Limited Partnership
Corporation
Sole Proprietorship
Limited Liability Corporation
Subchapter S Corporation
Limited Liability Partnership
N/A
Name of Stock or Shareholder
Home Address
Part 3 - Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law.
Name of Business Entity: Stetankowicz Stetankiewicz & Belasco, LLC
Signature of Affiant:
Title: Lower Township Solicitor
Printed Name of Affiant: David A. Stefankiewicz
Date: November 20, 2019
Subscribed and sworn before me this 21 day of
Povembru 2019
My Commission expires:
Mamun Karangas
(Witnessed or attested by)
MAUREEN M KARAVANGELOS
ID #A83763
NOTARY PUBLIC
STATE OF NEW JERSEY
My Commission Expires May 8, 2023
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L.. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Fallure to
submit the required Information is cause for automatic rejection of the bid or proposal.
Name of Organization: Stefan Kiewicz & Belasco LLC
Organization Address: 11) E 17th Ave
#100 N. Withwood, NoT. 08260
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification In Part IV)
For-Profit Corporation (any type) Limited Liability Company (LLC)
Partnership
Other (be specific);
Part II
Limited Partnership
Limited Liability Partnership (LLP)
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all Individual partners in the partnership
who own a 10 percent or greater Interest therein, or of all members in the limited Ilability
company who own a 10 percent or greater Interest therein, as the case may be, (COMPLETE
THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no
Individual partner in the partnership owns a 10 percent or greater Interest therein, or no
member in the limited llability company owns a 10 percent or greater Interest therein, as the
case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Home Address (for Individuals) or Business Address
DAVID A StefANKIEWICZ 749A PIVE AVE, N. WILDWOOD, NJ 08200
Robert T. Belasco
810 HAND AVE, CAPE MAY COURT HOUS: Ngo8p10
7
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS
OR LLC.MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10
percent or greater beneficial Interest in the publicly traded parent entity as of the last annual:
federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure
can be met by providing links to the website(s) containing the last annual filling(s) with the federal.
Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each
person holding a 10% or greater beneflolal Interest In the publicly traded parent entily, along with the
relevant page numbers of the filling(s) that contain the Information on each such person. Attach
additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #'s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater Interest In any corresponding corporation, partnership and/or limited llability company (LLC) listed
In Part II other than for any publicly traded parent entitlos referenced above. The disclosure shall be
continued until names and addresses of every nonoorporate stockholder, and Individual partner, and
member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A, 52:25-24.2 has
been listed. Attach additional sheets If more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing Information and any altachments thereto to the best of
my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the
bidder/proposer; that the Township of Lower is relying on the Information contained herein and that I am under a continuing
obligation from the date of this certification through the completion of any contracts with Township of Lower to notify the
Township of Lower In wrilling of any changes to the Information contained herein; that I am aware that it is a criminal offenso
to make a false statement or misrepresentation In this certification, and if I do so, I am subject to criminal prosecution under
the law and that it will constitute a material breach of my agreement(s) with the, permilling the Township of Lower to
declare any contract(s) resulting from this certification vold and unenforceable.
Full Name (Print):
Signature:
Title:
Date:
11/20/19
TE
LOWER TOWNSHIP
2600 BAYSHORE ROAD
VILLAS, NJ 08251
(609) 886-2005
AFFIDAVIT OF PAY-TO-PLAY COMPLIANCE
of
Tho Undersigned, bolng duly sworn, of full ago according to law, upon my oallt, depose and say:
authorized
duly
reprosentative
(the "Business Entity"), which for the purposes of this Affidavit Includes all ontities of which the Business
Entity owns, direally or indireotly, a moro than 50% eqully Interest,
1.1
alm
a
2. The Business Enlily is sooking the award of a Professional Sorvices Contract or
Unspealflablo Services Contract pursuant to the exceptlons from pubilo bilding under Sactions 5(1) of
the Local Publlo Contraols Law, N.J.S.A, 10A:11-1, 1 бед
3. In accordance vilh Lower Township Ordinance No. 2001-10 (the "Pay-to-Play
Ordinance'), (am making this Allldavit under ponalllos of potjury to represent to tho Township. of Lower
that nellhar I nor the Dusiness Entily have made any pollllcal contribullona In violation of Socllon 05-2 of
the Pay-to-Play Ordinance.
4. Also In accordanco with the Pay-to-Play Ordinance, I am disclosing that the
following represents all of the contribullans that were mado by tho Business Enilly and, to tho best of
my knowladga, all principals owning 10% mora of the Business Enllly's eqully, thoir respectivo
spousos, and all of the Business Entity's omployous and officors and their respoclivo spousos, lo all
New Jersey Stala and County pollical party commitless commencing on the later of the oflective dale
of the Pay-to-Play Ordinanco (Ootober 4, 2004) or twolva (12) months from dato of this Allldavil and
ending on the dalo of this Allldavil:
Pale
11-20-19
Name of Organizallon
Law Office Of
Stefanklewicz & Belasco
111 E 17Th Ave Ste 100
North Wildwood, New Jersey 08260
Amount
4. I reprosont and acknowledgo that I have recolved, road and fully understand the
Pay-to-Play Ordinanco and that my violation of tho Pay-lo-Play Ordinanco will disquallly me and the
Business Entily from receiving any addillonal contraol from the Township of Lower for a period of four
(4) years and, in the event any statements made in this Affidavit aro wilfully falso, thalt and the
Business Entity would be subject to criminal prosecullon for perjury.
Subscribed and swornm before me this 20th day of
November, 2019
My Commission expires:
Ma
(Witnessed or attested
by)
2022
MAUREEN M'KARAVANGELOS
ID #2433763
NOTARY PUBLIC
STATE OF NEW JERSEY
My Commission Expires May 8, 2023
--- Document: Auditor ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2020-07
Title: APPOINTMENT OF MUNICIPAL AUDITOR FOR THE YEAR 2020 AS A PROFESSIONAL
SERVICE CONTRACT WITHOUT PUBLIC BIDDING
WHEREAS, the Township of Lower ("Township") has a need to acquire a municipal auditor and is
satisfied with the services rendered by the current vendor and desires to authorize this appointment using as a
non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
WHEREAS, the Township has determined and certified in writing that the value of the acquisition will
exceed $17,500, and Ford Scott and Associates, LLC has submitted a proposal indicating that they will provide
the goods or services described above for a price not to exceed $ 40,000; and
WHEREAS, the term of this contract is one year; and the CFO has determined sufficient funds will be
available in the current budget as follows:
Appropriation: 01-20-130-299,135,207
Signature:
Lauren Read, CFO
WHEREAS, Ford Scott and Associates, LLC has completed and submitted a Business Entity Disclosure
Certification which certifies that Ford Scott and Associates, LLC has made reportable contributions to a political
or candidate committee in the Township of Lower in the previous one year.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Lower, County of
Cape May, State of New Jersey hereby approves a contract with Ford Scott and Associates, LLC for the goods
and services herein described and that the Business Disclosure Entity Certification and the Determination of
Value be placed on file with this resolution and that a notice of Award of Professional Contract for the above
appointment shall be published in the Township's Official paper
CONRAD
PERRY
ROY
SIPPEL
SIMONSEN
MOTION
SECOND AYE
NAY
ABSTAIN ABSENT
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify
the foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on
January 6, 2020.
Julie A Picard, Township Clerk
FORD-SCOTT
& ASSOCIATES,
LLC.
CERTIFIED PUBLIC ACCOUNTANTS
1535 HAVEN AVENUE OCEAN CITY, NJ 08226
PHONE 609.399.6333 FAX 609.399.3710
www.ford-scott.com
20-07
December 9, 2019
Mayor and Governing Body
and Chief Financial Officer
Township of Lower
2600 Bayshore Road
Villas, N.J. 08251
Members of the Governing Body & Administration:
We are pleased to confirm our understanding of the services we are to provide the Township of Lower for the year ended
December 31, 2019. We will audit the regulatory basis financial statements, including the related notes to the regulatory
basis financial statements of the Township of Lower as of and for the year ended December 31, 2019. In addition, we will
assist you in preparing the following additional information that will not be subjected to the auditing procedures applied in
our audit of the financial statements:
•
•
Assistance in the preparation of the 2020 Local Municipal Budget from information provided to us by officials of the
Township of Lower.
Assistance in the preparation of the 2019 Annual (Unaudited) Financial Statement utilizing the post-closing trial
balances and analyses prepared by the Chief Financial Officer of the Township of Lower.
Assistance in the preparation of the 2019 Financial Statements and related notes utilizing the post-closing trial
balances and analyses prepared by the Chief Financial Officer of the Township of Lower.
Assistance in the preparation of the 2019 Annual Debt Statement.
We have also been engaged to report on supplementary information other than Required Supplementary Information (RSI)
that accompanies the Township of Lower's financial statements. We will subject the following supplementary information to
the auditing procedures applied in our audit of the financial statements and certain additional procedures, including
comparing and reconciling such information directly to the underlying accounting and other records used to prepare the
financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing
standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial
statements as a whole:
•
Schedules of Expenditures of Federal & State Awards (if applicable).
Supplemental information and schedules required by the NJ Division of Local Government Services.
The following other information accompanying the financial statements will not be subjected to the auditing procedures
applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on this
information:
•
Other Comments and Recommendations
Township of Lower - Page 2
December 9, 2019
Separately, we will also prepare and issue the following reports and documents as required by the Division of Local
Government Services:
•
Court Report
Dog Report
New Jersey Audit Questionnaire
0
Uniform Construction Code Enforcement Fee Report
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all
material respects, in conformity with the regulatory basis of accounting prescribed by the New Jersey Division of Local
Government Services and to report on the fairness of the supplementary information referred to in the second paragraph
when considered in relation to the financial statements as a whole. The objective also includes reporting on:
Internal control over financial reporting and compliance with the provisions of laws, regulations, contracts and award
agreements, noncompliance with which could have a material effect on the financial statements in accordance with
Government Auditing Standards.
If applicable, internal control over compliance related to major programs and an opinion (or disclaimer of opinion)
on compliance with federal and state statutes, regulations, and the terms and conditions of federal and state awards
that could have a direct and material effect on each major program in accordance with the Single Audit Act
Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative
Requirements, Cost Principals, and Audit Requirements for Federal Awards (Uniform Guidance) and New Jersey
OMB 15-08 (if applicable).
The Government Auditing Standards report on internal control over financial reporting and compliance and other matters
will include a paragraph that states that (1) the purpose of the report is solely to describe the scope of testing of internal
control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's
internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government
Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal
control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance
is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the
requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the
standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United
States, the Single Audit Act Amendments of 1996, the Provisions of the Uniform Guidance and New Jersey OMB 15-08, if
applicable; and the Requirements of Audit promulgated by the New Jersey Division of Local Government Services and will
include tests of accounting records, a determination of major program(s) in accordance with the Uniform Guidance and New
Jersey OMB 15-08, if applicable, and other procedures we consider necessary to enable us to express such opinions. We
will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Governing Body of the
entity. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is
necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. Since the entity's financial
statements are presented in accordance with the regulatory basis of accounting, our opinion will be adverse for presentation
in accordance with accounting principles generally accepted in the United States of America. If our opinion on the financial
statements or, if applicable, the Single Audit Act Compliance opinions based on the regulatory basis, is other than
unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are
unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this
engagement, or we may withdraw from this engagement.
Township of Lower - Page 3
Audit Procedures-General
December 9, 2019
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements;
therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An
audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We
will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material
misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of
laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf
of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to
provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we
will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may
exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally
accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial
misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial
statements or on major programs. However, we will inform the appropriate level of management of any material errors, any
fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate
level of management of any violations of laws or governmental regulations that come to our attention, unless clearly
inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required
for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any
later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may
include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and
liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request
written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry.
At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the
financial statements; schedules of expenditures of federal and state award programs, if applicable; compliance with laws,
regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.
Audit Procedures-Internal Controls
Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to
assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further
audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant
to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the
financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal
control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government
Auditing Standards.
As required by the Uniform Guidance and New Jersey OMB 15-08, we will perform tests of controls over compliance to
evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting
material noncompliance with compliance requirements applicable to each major federal and state award program, if
applicable. However, our tests will be less in scope than would be necessary to render an opinion on those controls and,
accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance and New
Jersey OMB 15-08, if applicable.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material
weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management
and those charged with governance internal control related matters that are required to be communicated under AICPA
professional standards, Government Auditing Standards, and the Uniform Guidance and New Jersey OMB 15-08, if
applicable.
Township of Lower - Page 4
Audit Procedures - Compliance
December 9, 2019
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will
perform tests of your compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant
agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will
not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
The Uniform Guidance and NJ OMB 15-08 require that we also plan and perform the audit to obtain reasonable assurance
about whether the auditee has complied with federal and state statutes, regulations, and the terms and conditions of federal
and state awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable
procedures described in the OMB Compliance Supplement and NJ OMB 15-08 for the types of compliance requirements
that could have a direct and material effect on each of your major programs, if applicable. The purpose of these procedures
will be to express an opinion on your compliance with requirements applicable to each of its major programs in our report
on compliance issued pursuant to the Uniform Guidance and NJ OMB 15-08.
Other Services
We will also assist in preparing the financial statements, schedules of expenditures of federal and state awards, if applicable,
and related notes of the entity in conformity with the regulatory basis of accounting prescribed by the New Jersey Division
of Local Government Services, the Uniform Guidance and NJ OMB 15-08 based on information provided by you. We will
also assist in the preparation of the Local Municipal Budget, the Annual Financial Statement and the Annual Debt Statement.
These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be
conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable
professional standards. The other services are limited to the financial statements, schedules of expenditures of federal and
state awards and the related notes, the Local Municipal Budget, the Annual Financial Statement, and the Annual Debt
Statement, previously defined. We, in our sole professional judgement, reserve the right to refuse to perform any procedure
or take any action that could be construed as assuming management responsibilities.
Management Responsibilities
Management is responsible for (1) designing, implementing, and maintaining effective internal controls relevant to the
preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or
error, including internal controls over federal and state awards, and for evaluating and monitoring ongoing activities to help
ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is
reasonable assurance that government programs are administered in compliance with compliance requirements; and (4)
ensuring that management and financial information is reliable and properly reported. Management is also responsible for
implementing systems designed to achieve compliance with applicable laws, regulations, contracts and grant agreements.
You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation
of the financial statements, schedules of expenditures of federal and state awards, if applicable, and all accompanying
information in conformity with the Regulatory Basis of Accounting promulgated by the Division of Local Government Services
in the State of New Jersey; and for compliance with applicable laws and regulations (including federal and state statutes),
and the provisions of contracts and grant agreements (including award agreements.) Your responsibilities also include
identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the
accuracy and completeness of that information.
Management is also responsible for making all financial records and related information available to us and for the accuracy
and completeness of that information. You are also responsible for providing us with (1) access to all information of which
you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) access to personnel,
accounts, books, records, supporting documentation, and other information as needed to perform an audit under Uniform
Guidance and NJ OMB 15-08, if applicable, (3) additional information that we may request for the purpose of the audit, and
(4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the
management representation letter that the effects of any uncorrected misstatements aggregated by us during the current
engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the
financial statements taken as a whole.
Township of Lower - Page 5
December 9, 2019
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for
informing us about all known or suspected fraud, affecting the government involving (1) management, (2) employees who
have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial
statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud,
affecting the government received in communications from employees, former employees, grantors, regulators, or others.
In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations,
contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud
and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report.
Additionally, as required by the Uniform Guidance and NJ OMB 15-08, if applicable, it is management's responsibility to
evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal and state
awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit
findings; promptly follow up and take corrective action on reported audit findings and to prepare a summary schedule of
prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our
review when we begin our field work.
You are responsible for identifying all federal and state awards received, if applicable, and understanding and complying
with the compliance requirements and for the preparation of the schedules of expenditures of federal and state awards
(including notes and noncash assistance received) in conformity with the Uniform Guidance and NJ OMB 15-08. You agree
to include our report on the schedules of expenditures of federal and state awards in any document that contains and
indicates that we have reported on the schedules of expenditures of federal and state awards. You also agree to include
the audited financial statements with any presentation of the schedule of expenditures of federal and state awards that
includes our report thereon or make the audited financial statements readily available to intended users of the schedules of
expenditures of federal and state awards no later than the date the schedules of expenditures of federal and state awards
is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that
(1) you are responsible for presentation of the schedules of expenditures of federal and state awards in accordance with
the Uniform Guidance and New Jersey OMB 15-08; (2) you believe the schedules of expenditures of federal and state
awards, including its form and content, are fairly presented in accordance with the Uniform Guidance and New Jersey OMB
15-08; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they
have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the schedules of expenditures of federal and state awards.
You are also responsible for the preparation of the other supplementary information, which we have been engaged to report
on, in conformity with the regulatory basis of accounting prescribed by the NJ Division of Local Government Services. You
agree to include our report on the supplementary information in any document that contains and indicates that we have
reported on the supplementary information. You also agree to include the audited financial statements with any presentation
of the supplementary information that includes our report thereon, or make the audited financial statements readily available
to users of the supplementary information no later than the date the supplementary information is issued with our report
thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible
for presentation of the supplementary information in accordance with the New Jersey Regulatory Basis of Accounting; (2)
you believe the supplementary information, including its form and content, is fairly presented in accordance with the New
Jersey Regulatory Basis of Accounting; (3) the methods of measurement or presentation have not changed from those used
in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant
assumptions or interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and
recommendations. Management is also responsible for identifying and providing report copies of previous financial audits,
attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives
section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and
recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also
responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your
planned corrective actions, for the report, and for the timing and format for providing that information. With regard to using
the auditor's report, you understand that you must obtain our prior written consent to reproduce or use our report in bond
offering official statements or other documents. With regard to the electronic dissemination of audited financial statements,
including statements published electronically on your website, you understand that electronic sites are a means to distribute
information and, therefore, we are not required to read the information contained in these sites or to consider the consistency
of other information in the electronic site with the original document.
Township of Lower - Page 6
December 9, 2019
You agree to assume all management responsibilities relating to the financial statements, schedules of expenditures of
federal and state awards, if applicable, related notes, and any other nonaudit services we provide. You will be required to
acknowledge in the management representation letter our assistance with preparation of the financial statements, schedules
of expenditures of federal and state awards, and related notes and that you have reviewed and approved the financial
statements, schedules of expenditures of federal and state awards, and related notes prior to their issuance and have
accepted responsibility for them. Further, you agree to oversee the non-audit services by designating an individual,
preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of
those services; and accept responsibility for them.
Engagement Administration, Fees, and Other
We understand that your employees will provide all documentation we request and information selected by us for testing.
At the conclusion of the engagement, if applicable, we will complete the appropriate sections of the Data Collection Form
that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package
(including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings,
auditors' reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We
will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you
to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting
package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of
the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits.
We will provide copies of our reports to the Municipality and the Division of Local Government Services, however,
management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation,
or containing privileged and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of Ford, Scott & Associates, L.L.C. and constitutes confidential
information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be
made available upon request and in a timely manner to a regulatory agency or its designee, a federal agency providing
direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to
resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access
to such audit documentation will be provided under the supervision of Ford, Scott & Associates, L.L.C. personnel.
Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These
parties may intend, or decide, to distribute the copies or information contained therein to others, including other
governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report release date or
for any additional period requested by the Municipality. If we are aware that a federal or state awarding agency, pass-
through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance
prior to destroying the audit documentation.
Leon P. Costello is the engagement partner and is responsible for supervising the engagement and signing the reports
or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out-of-
pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree
that our gross fee, including expenses, will not exceed $40,000. In addition, we will bill separately at our standard hourly
rates for any additional services requested by the Township of Lower. Our standard hourly rates vary according to the
degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these
fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm
policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your
account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been
completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to
compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination.
The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected
circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with
you and arrive at a new fee estimate before we incur the additional costs.
2007 Auditor
Township of Lower - Page 7
December 9, 2019
We will also be involved with any Bond Issues or Note Sales by assisting in the compilation of necessary data. In addition,
you are responsible for all secondary market disclosure, but we will assist you in compiling the necessary statistical data.
Fees for Bond Issue, Note Sales and secondary market disclosure will be billed in addition to the agreed engagement fee
stated above.
If we are to provide any services outside of the scope of this engagement, we must emphasize that you are responsible for
management decisions and functions, and for designating a competent employee to oversee any other services we provide.
You are responsible for evaluating the adequacy and results of any services performed and accepting responsibility for such
services. You are also responsible for establishing and maintaining internal controls, including monitoring ongoing activities.
You have requested that we provide you with a copy of our most recent external peer review report and any subsequent
peer review reports received during the contract period. Accordingly, our 2016 peer review report accompanies this letter.
We appreciate the opportunity to be of service to the Township of Lower and believe this letter accurately summarizes the
significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our
engagement as described in this letter, please sign the enclosed copy and return it to us.
Very truly yours,
FORD, SCOTT & ASSOCIATES, L.L.C.
CERTIFIED PUBLIC ACCOUNTANTS
Leon P. Costello
Leon P. Costello
Certified Public Accountant
Registered Municipal Accountant
No. 393
RESPONSE:
This letter correctly sets forth the understanding of the Township of Lower.
By:
Chief Financial Officer
Title:
CFO
Date:
01/06/2020
By:
Mayor
Title:
Date:
01/04/2020
N
DAVIE KAPLAN
Certified Public Accountants
November 30, 2016
To the Partners of Ford, Scott & Associates, LLC
and the Peer Review Committee of the NJCPA Peer Review Program
We have reviewed the system of quality control for the accounting and auditing practice of
Ford, Scott & Associates, LLC (the firm) in effect for the year ended May 31, 2016. Our peer
review was conducted in accordance with the Standards for Performing and Reporting on Peer
Reviews established by the Peer Review Board of the American Institute of Certified Public
Accountants. As part of our peer review, we considered reviews by regulatory entities, if
applicable, in determining the nature and extent of our procedures. The firm is responsible for
designing a system of quality control and complying with it to provide the firm with reasonable
assurance of performing and reporting in conformity with applicable professional standards in
all material respects. Our responsibility is to express an opinion on the design of the system of
quality control and the firm's compliance therewith based on our review. The nature, objectives,
scope, limitations of, and the procedures performed in a System Review are described in the
standards at www.aicpa.org/prsummary.
As required by the standards, engagements selected for review included engagements
performed under Government Auditing Standards and audits of employee benefit plans.
In our opinion, the system of quality control for the accounting and auditing practice of Ford,
Scott & Associates, LLC in effect for the year ended May 31, 2016, has been suitably designed
and complied with to provide the firm with reasonable assurance of performing and reporting in
conformity with applicable professional standards in all material respects. Firms can receive a
rating of pass, pass with deficiency(ies) or fail. Ford, Scott & Associates, LLC has received a
peer review rating of pass.
Дай карвам, СРА. Р.С.
DAVIE KAPLAN, CPA, P.C.
Davie Kaplan, CPA, P.C.
1000 First Federal Plaza Rochester, New York 14614
Tel: 585-454-4161
Fax: 585-454-2573 www.davlekaplan.com
Jersey
Busin
ENJ
8
W Gateway Service
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
Taxpayer Name:
Trade Name:
Address:
FORD, SCOTT & ASSOCIATES, L.L.C.
Certificate Number:
Effective Date:
Date of Issuance:
For Office Use Only:
20191125090322020
1535 HAVEN AVENUE
OCEAN CITY, NJ 08226-3158
0109089
December 17, 2001
November 25, 2019
:
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, С. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE 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 be 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, ancostry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or sox.
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.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
Including, but not limited to, employment agencios, 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, gender identity or expression, disability, nationality or sex, and
that it will discontinue the use of any recruitment agenoy which engages in direct or indirect
discriminatory practices,
The contractor or subcontractor agrees to reviso any of its testing procedures, if necessary, to
assure that all personnel 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 Jaw 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, gender Identity or expression, disability, nationality 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 subcontractors shall furnish such reports or other documents to the Div. of
Contract Compliance & EEO as may be requested by the office from time to timo in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by
the Div. of Contract Compliance & BEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J
--- Document: Labor Solicitor ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2020-02
Title: APPOINTMENT OF TOWNSHIP LABOR ATTORNEY FOR THE YEAR 2020 AS A
PROFESSIONAL SERVICE CONTRACT WITHOUT PUBLIC BIDDING
WHEREAS, the Township of Lower has a need to acquire a Labor Attorney and is satisfied with services
rendered by the current vendor and desires to authorize this appointment using a non-fair and open contract
pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
WHEREAS, the Township has determined and certified in writing that the value of the acquisition will exceed
$17,500, and William G. Blaney of Blaney & Karavan, P.C. has submitted a proposal indicating that he will provide
the goods or services described above for a price of $140.00 per hour not to exceed $ 40,000; and
WHEREAS, the term of this contract is one year; and the CFO has determined sufficient funds will be
available in the current budget as follows:
Appropriation # 01-20-155-287
CFO Signature
Lauren Read, CFO
WHEREAS, Blaney & Karavan, PA has completed and submitted a Business Entity Disclosure Certification
which certifies that he has not made any reportable contributions to a political committee or candidate in the
Township of Lower in the previous one year, and that the contract will prohibit him from making any reportable
contributions through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Lower, County of Cape
May, State of New Jersey hereby appoints William Blaney Esq. as Labor Attorney and approves the contract with
William Blaney, Esq of Blaney & Karavan for the goods and services described above.
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value
be placed on file with this resolution.
BE IT FURTHER RESOLVED that a notice of Award of Professional Contract for the above appointment shall
be published in the official Township paper.
MOTION SECOND AYE NAY ABSTAIN ABSENT
CONRAD
PERRY
ROY
SIPPEL
SIMONSEN
X
+
+
+
X
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on January 6,
2020.
Julie A Picard, Township Clerk
BLANEY
20-02
KARAVAN
Attorneys at Law - Blaney & Karavan, P.C.
William G. Blaney, Esquire*
bill@blaneykaravan.com
Marcus H. Karavan, Esquire**
marcus@blaneykaravan.com
+ Of Counsel
*Also a Member of the Pennsylvania Bar
**Also a Member of the New York Bar
Kyle D. Weinberg, Esquire
kyle@blaneykaravan.com
Steven A. Morris, Esquire*
steve@blaneykaravan.com
Frank Guaracini, III, Esquire+
frank@blaneykaravan.com
John R. Dominy, Esquire*+
john@blaneykaravan.com
Charles E. Schlager, Jr., Esquire*+
chuck@blaneykaravan.com
December 2, 2019
Julie Picard, Twp. Clerk
Township of Lower
2600 Bayshore Road
Villas, NJ 08251
RE:
Reappointment of Labor Counsel 2020
Dear Ms. Picard:
This letter serves to request a reappointment to serve as the Township of Lower's
Labor Counsel through December 31, 2020. Enclosed please find a copy of an executed
contract.
Thank you for your consideration in this matter and I look forward to the
opportunity to continue to serve the Township of Lower.
WGB/tc
2123 Dune Drive - Suite 11
Avalon, NJ 08202
Ph. 609-435-5368
Fx. 609-435-5473
Respectfully,
WILLIAM G. BLANEY
Blaney Karavan.com
3311 New Jersey Avenue
P.O. Box 1310
Wildwood, NJ 08260
Ph. 609-729-1700
Fx. 609 729-5372
THIS AGREEMENT made and entered into this 6 day of January, 2020, by
and between:
LOWER TOWNSHIP, with offices at 2600 Bayshore Road, Villas, New Jersey 08251
(hereinafter called the Party of the First Part); and
WILLIAM G. BLANEY of 2123 Dune Drive, Suite 11, Avalon, N.J. 08202, (hereinafter
called the Party of the Second Part).
WITNESSETH:
FOR AND IN CONSIDERATION of the premises and of the mutual covenants and
conditions hereinafter set forth, the said Parties do covenant and agree as follows:
1. The Party of the Second Part represents that William G. Blaney, Esq. (Labor Attorney)
and other members of the law firm of Blaney & Karavan, P.C. are specially qualified as a
professional in rendering services in the field of collective bargaining negotiations, personnel
administration, employer-employee relations, and other related matters in this field.
2. This contract is being entered into with said professional pursuant to the provisions of
Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq. the Party of the First Part having
heretofore determined that the Party of the Second Part is qualified to perform the services.
3. The Party of the First Part further finds that the compensation to be paid to the Party of
the Second Part as set forth herein is a fair and reasonable basis of payment for services to be
rendered.
4. The Party of the First Part agrees to employ the Party of the Second Part to perform the
services hereinafter set forth and to make the payments provided for herein during the period of
this contract. This contract shall continue to December 31, 2020, unless heretofore terminated
by either Party by the giving of thirty (30) days written notice of termination by one Party to the
other, addressed to the addresses aforesaid. Party of the second part further agrees that this
Agreement may be terminated by the Township immediately "for cause." As used herein, the
term "for cause" shall include, but not be limited to, party of the second part's embezzlement,
dishonesty, disloyalty, breach of this Agreement; the continued or repeated failure of inability of
party of the second part to perform his duties and responsibilities pursuant to the terms of this
Agreement; the commission by the party of the second part of an act of immoral turpitude which
has or could have an adverse effect on Township or its business; party of the second part's
conviction or plea of nolo contendere to a felony or misdemeanor or if such misdemeanor
involves a crime of dishonesty or fraud; the use by party of the second part of drugs or alcohol
intemperately; or the commission by the party of the second part of any willful or intentional act
causing intentional injury or potential harm to Township; its employees, agents or its business.
As used herein "disloyalty" shall be defined as unauthorized disclosure of information about
Township or unauthorized public statements about Township or its business which could have
or does have an adverse effect on the Township or Township's business.
5. The Party of the Second Part shall furnish the Party of the First Part with all specialized
services requested by the Party of the First Part, from time to time during the term of this
contract, in the field of collective bargaining negotiations, personnel administration,
employer-employee relations, including the furnishing of advice, guidance and consultation
pertaining to the same, conferring with Township officials regarding representation proceedings,
existing contractual arrangements, an analysis of all existing contracts, preparing strategy for
collective bargaining negotiations, negotiating the collective bargaining agreements, preparation
of proposals, analysis of counter proposals, preparing economic analysis of contract proposals,
conferring with administrative personnel, representation during disciplinary hearings and
mediation, fact-finding or arbitration, if required, grievance handling and such other matters
2
pertaining to labor or labor relations as may be requested by the Township from time to time.
6. None of the services aforesaid shall be performed without a request verbally or in
writing from an appropriate official of the Township.
7. The Party of the First Part shall pay said professional, the Party of the Second Part and
the said Party of the Second Part agrees to accept as full payment for the professional services
furnished under this contract, a fee of One Hundred Forty ($140.00) Dollars per hour, (not to
exceed $40,000.00), which shall be paid from time to time upon the submission of proper verified
legal statements on Township forms, detailing the work actually performed, for services
rendered. Where any resolution, ordinance, or contract provides for payment or reimbursement
by a third party or legal fee to the Township, such payment shall be made to the Township of
Lower and not to the party of the second part's office, directly.
8. It is understood and agreed that the aforesaid compensation does not include the cost
of toll telephone calls, photocopy expenses, postage, travel expenses, including tolls and mileage,
together with any extraordinary expense required to be incurred in the performance of services
under this contract, not included in the above categories, such as Court costs, expert witness
fees, or other similar costs shall be paid in addition to the aforesaid hourly fee for services. It is
anticipated that there may be large photocopying expenses incurred on a particular project, that
party of the second part will discuss same with the Township Manager who will render a decision
as to whether a Township employee shall incur the photocopying duties rather than the private
firm in order to save costs.
9. The Party of the Second Part shall provide at its own cost and expense proof of the
following insurance to the Party of the First Part:
3
A. Workers' Compensation
Statutory coverage and limits in compliance with the Workers' Compensation Law of
the State of New Jersey.
B. General Liability Including Products & Completed Operations
With a minimum combined single limit of liability per occurrence for bodily injury and
property damage of five hundred thousand ($500,000) with a minimum annual
aggregate of one million ($1,000,000) dollars.
C. Errors and Omissions/Professional Liability
A minimum limit of liability of one million ($1,000,000) dollars per incident and in the
annual aggregate.
The insurance companies for the above coverages must be licensed by the State of New
Jersey and acceptable to the Party of the Second Part. The Party of the First Part shall take no
action to cancel or materially change any of the insurance required under this Contract without
the Party of the Second Part's prior approval. The maintenance of insurance under this section
shall not relieve the Party of the First Part of any liability greater than the limits or scope of the
applicable insurance coverage.
10. It is understood and agreed that the Party of the Second Part shall not be construed
as an employee of Lower Township for any purpose but as an independent professional
contractor for services.
11. The execution of this contract has been authorized on behalf of Lower Township by
Resolution No 2220 02dated January 4, 2020.
4
20-02
Labor
IN WITNESS WHEREOF, the parties hereto have interchangeably set their hands and
seals the day and year first above written.
ATTEST:
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
thaonaom
TABITHA COSSABOON
NOTARY PUBLIC
STATE OF NEW JERSEY
ID #2274762
MY COMMISSION EXPIRES APRIL 30. 2021
LOWER TOWNSHIP
By:
Erik Synolo, Mayork
WILLIAM G. BLANEY ESQUIRE
WILLIAM G. BLANEY, ESQUIRE
5
10/15/2019
Jersey Busin
MON
Gateway Services
Taxpayer Name:
Trade Name:
Address:
N.J. Department of Treasury - Division of Revenue, On-Line Inquiry
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
Certificate Number:
Effective Date:
Date of Issuance:
For Office Use Only:
20191015113411157
BLANEY & KARAVAN, P.C.
3311 NEW JERSEY AVE
WILDWOOD, NJ 08260-2323
0505139
March 31, 1986
October 15, 2019
https://www1.state.nj.us/TYTR_BRC/servlet/common/BRCLogin
1/1
:
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L, 1975, С. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE 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 be 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, ancostry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, whore 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 notico in
consplouous 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 agencios, 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, gender Identity or expression, disability, nationality or sex, and
that it will discontinue the use of any recruitment agenoy 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 personnel 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 Jaw 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, gender identity or expression, disability, nationality or sex, consistent with the
statutes and court decisions of the State of New Jersey, and applicable Federal law and applicablo 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 subcontractors shall furnish such reports or other documents to the Div. of
Contract Compliance & EEO as may be requested by the office from time to timo in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by
the Div. of Contract Compliance & BEO for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
Firm Name:
Name of Agent:
Title:
Date:
Blaney Karwan
William G.
12/5/19
Blaney
Certification 50550
INITIAL
CERTIFICATE OF EMPLOYEE INFORMATION REPORT
This is to certify that the contractor listed below has
NJ.A.C. 17:27-1.1 et. seq. and the State Treasurer has approved said report. This approval will remain in
submited an Employee Information Report pursuant to
effect for the period of
BLANEY & KARAVAN, P
3311 NEW JERSEY AVE.,
WILDWOOD
BOX 13
NJ
082
OTHE GREAT
ENEW
PR-2.020
5
JERSEY
PROS
いい
Fada
FORD M. SCUDDER
Acting State Treasurer
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To N.J.S.A. 19:44A-20.8
TOWNSHIP OF LOWER
Part I B Contractor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that the business entity by the
name Blaney Karawan has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1
et seq. that, pursuaht to P.L. 2004, c. 19 would bar the award of this contract in the one year period preceding January 3, 2008 to
any of the following named candidate committee, joint candidates committee; or political party committee representing the elected
officials of the Township of Lower, defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Erik Simonsen
Frank Sippel
Thomas Conrad
David Perry
Rolland Roy
Part II B Ownership Disclosure Certification
Any present or future candidate committee or
joint candidate committee or local political party
committee formed for the election of members of
the Lower Township governing body.
_ I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued and
outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Limited Partnership
Corporation
Sole Proprietorship
✓ Subchapter S Corporation
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
William G. Blaney
Marciw H. Kawah
Home Address
1764 adams Ct. Tumersville, No
9305 Pacifi Ave, Wildwood Crest, NJ
Part 3 B Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the business
entity, will be liable for any penalty permitted under law.
Name of Business Entity: Blaney Karavan.
Signed:
Name: William G. Blaney
Subscribed and sworn before me this day of
December
2019.
My Commission expires:
Title: President
Date: 12/5/19
TABITHA COSSABOON
NOTARY PUBLIC
STATE OF NEW JERSEY
ID#2274762
MY COMMISSION EXPIRES APRIL 30, 2021
(Affiant)
William Cleaney President
(Print name & title of affiant) (Corporate Seal)
LOWER TOWNSHIP
2600 BAYSHORE ROAD
VILLAS, NJ 08251
(609) 886-2005
AFFIDAVIT OF PAY-TO-PLAY COMPLIANCE
of
The Understgned, being duly sworn, of full age according to law, upon my oath, depose and say:
1. 1
a duly authorized
representative
(the "Business Entity"), which for the purposes of this Affidavit Includes all entities of which the Business
Entity owns, directly or indirectly, a more than 50% equlty Interest.
am
2. The Business Entity is seeking the award of a Professional Services Contract or
Unspeciflable Services Contract pursuant to the exceptlons from public bliding under Sections 5(1) of
the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq..
3. In accordance with Lower Township Ordinance No. 2004-10 (the "Pay-to-Play
Ordinance"), I am making this Affidavit under penalties of perjury to represent to the Township of Lower
that neither I nor the Business Entity have made any pollical contributions in violation of Section 95-2 of
the Pay-to-Play Ordinance.
4. Also In accordance with the Pay-to-Play Ordinance, I am disclosing that the
following represents all of the contributions that were made by the Business Entily and, to the best of
my knowledge, all principals owning 10% more of the Business Entity's eqully, their respective
spouses, and all of the Business Entily's employees and officers and their respective spouses, to all
New Jersey State and County political party committees commencing on the later of the effective date
of the Pay-to-Play Ordinance (October 4, 2004) or twelve (12) months from date of this Affidavit and
ending on the date of this Affidavit:
Name of Organization
Date
Blaney
9/14/19 Testa for Senate (a)
8/24/19 Testor for venate (mon)
Amount
1300.00
1300.00
4. I represent and acknowledge that I have received, read and fully understand the
Pay-to-Play Ordinance and that my violation of the Pay-to-Play Ordinance will disquallfy me and the
Business Entily from recelving any additional contract from the Township of Lower for a period of four
(4) years and, in the event any statements made in this Affidavit are wilfully false, that I and the
Business Entily would be subject to criminal prosecution for perjury.
(APM00008056.DOC
Sworn and Subscribed to before me
this 5 day of December, 2019
Notary Public
TABITHA COSSABOON
SITAS BOW hon
NOTARY PUBLIC
STATE OF NEW JERSEY
ID #2274762
MY COMMISSION EXPIRES APRIL 30. 2021
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, с.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to
submit the required Information is cause for automatic rejection of the bid or proposal.
Name of Organization:
Blaney Karavan
Organization Address: 2123 Die Drive, St.11, Avalon, NJ 08202
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Partnership
Other (be specific):
Part II
Limited Liability Company (LLC)
Limited Partnership
Subchapter S
Limited Liability Partnership (LLP)
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the partnership
who own a 10 percent or greater interest therein, or of all members in the limited liability
company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE
THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no
individual partner in the partnership owns a 10 percent or greater interest therein, or no
member in the limited liability company owns a 10 percent or greater interest therein, as the
case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
William G. Blaney
Home Address (for Individuals) or Business Address
1764 adams Ct., Tumesville, NJ
Marcur H. Kanawan 9305 Pacific Ave, Wildwood Crist, NJ
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS
OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10
percent or greater beneficial interest in the publicly traded parent entity as of the last annual:
federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure
can be met by providing links to the website(s) containing the last annual filing(s) with the federal
Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each
person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the
relevant page numbers of the filing(s) that contain the information on each such person. Attach
additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
na
Page #'s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed
in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be
continued until names and addresses of every noncorporate stockholder, and individual partner, and
member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has
been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
William G. Blaney
Marcus H. Kamvan
Home Address (for Individuals) or Business Address
1764 adams Ct, Tumerville, NJ
9305 Pacific Ave, Wildevoid Crest, No
NJ
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of
my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the
bidder/proposer; that the Township of Lower is relying on the information contained herein and that I am under a continuing
obligation from the date of this certification through the completion of any contracts with Township of Lower to notify the
Township of Lower in writing of any changes to the information contained herein; that I am aware that it is a criminal offense
to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under
the law and that it will constitute a material breach of my agreement(s) with the, permitting the Township of Lower to
declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print): William G. Blaney
Signature:
Title:
Date:
President
12/5/19
--- Document: Tax Appeal Attorney ---
TOWNSHIP OF LOWER, COUNTY OF CAPE MAY, STATE OF NEW JERSEY
RESOLUTION #2020-04
Title:
APPOINTMENT OF TOWNSHIP TAX APPEAL ATTORNEY FOR THE YEAR 2020 AS A
PROFESSIONAL SERVICE CONTRACT WITHOUT PUBLIC BIDDING
WHEREAS, the Township of Lower has a need to acquire a Tax Appeal Attorney and is satisfied with
services rendered by the current vendor and desires to authorize this appointment using a non-fair and open
contract pursuant to the provisions of N.J.S.A. 40A:11-1 et seq. to enter into contracts for "Professional Services"
without competitive bidding, when the need arises, so long as the award of such contract is made public by a
Resolution of the Governing Body and satisfies the requirements of the New Jersey Pay-to-Play law; and
WHEREAS, Marcus Karavan, Esq. has provided a proposal to serve as Tax Appeal Attorney for the
Township of Lower at a rate of $125.00 per hour not to exceed $10,000; and
WHEREAS, the Township Council desires to approve the proposal and the CFO has determined
sufficient funds will be available in the current budget as follows:
Appropriation #:
CFO Signature:
01-210-155-289 - Tax Appeals
Lauren Read, CFO
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Lower, County of
Cape May, State of New Jersey, that a contract without public bidding be awarded to Marcus Karavan of Blaney
Karavan as Counsel for Lower Township Tax Appeals at a fee of $125.00 per hour with a not to exceed amount of
$10,000.
BE IT FURTHER RESOLVED that a notice of Award of Professional Contract for the above award shall
be published in the Township's Official paper.
MOTION
SECOND
AYE
NAY
ABSTAIN ABSENT
CONRAD
PERRY
+
ROY
SIPPEL
SIMONSEN
I, Julie A. Picard, Township Clerk of the Township of Lower, County of Cape May, State of New Jersey, do hereby certify the
foregoing to be a true and exact copy of a resolution duly authorized by the Township Council at a meeting held on January 6,
2020.
Julie A Picard, Township Clerk
BLANEY
26-04
KARAVAN
William G. Blaney, Esquire*
bill@blaneykaravan.com
Marcus H. Karavan, Esquire**
marcus@blaneykaravan.com
+ Of Counsel
*Also a Member of the Pennsylvania Bar
**Also a Member of the New York Bar
Julie A. Picard, Borough Clerk
Township of Lower
2600 Bayshore Road
Villas, NJ 08251
Attorneys at Law - Blaney & Karavan, P.C.
RE: Special Tax Counsel
Dear Ms. Picard:
Kyle D. Weinberg, Esquire
kyle@blaneykaravan.com
Steven A. Morris, Esquire*
steve@blaneykaravan.com
Frank Guaracini, III, Esquire+
frank@blaneykaravan.com
John R. Dominy, Esquire*+
john@blaneykaravan.com
Charles E. Schlager, Jr., Esquire*+
chuck@blaneykaravan.com
November 25, 2019
I would like to request that the above reference firm be reappointed to the position of
Special Tax Counsel.
Enclosed please find an original copy of the law firm of Blaney & Karavan, P.C.'s
Agreement & Contract to Provide Professional Legal Services for the Township of Lower.
Should you have any questions with regard to our response, please do not hesitate to
contact me at the address and telephone number listed below.
Thank you in advance for your consideration in this matter.
Very truly yours,
Blaney & Karavan, P.C.
Marcus H. Karavan, Esquire
MHK/caf
Enclosure
2123 Dune Drive - Suite 11
Avalon, NJ 08202
Ph. 609-435-5368
Fx. 609-435-5473
Blaney Karavan.com
3311 New Jersey Avenue
P.O. Box 1310
Wildwood, NJ 08260
Ph. 609-729-1700
Fx. 609 729-5372
Karavan #04
AGREEMENT & CONTRACT TO SERVE AS SPECIAL
TAX COUNSEL TO THE TAX ASSESSOR'S OFFICE FOR
TAX RELATED AND LAND USE MATTERS
The within Agreement by and between MARCUS H. KARAVAN, ESQUIRE, of Blaney
& Karavan, P.C. and the TOWNSHIP OF LOWER is as follows:
1. The Township of Lower hereby appoints Marcus H. Karavan, Esquire, of Blaney &
Karavan, P.C. to serve as TAX APPEAL COUNSEL, for the Township of Lower.
2. Marcus H. Karavan, Esquire, of Blaney & Karavan, P.C. shall provide the Township
of Lower with copies of monthly billings with fees calculate at hourly rates as set
forth below:
Professional legal services relative to defending matters before the Tax Board,
defending matters before the Tax Court and/or related tax work including, but
not limited to:
Office conferences, court appearances, research, litigation, etc.
$125.00 per hour
Not to exceed $10,000.00
Additional charges to include postage; courier services; costs of deposition
transcripts; cost of any and all court transcripts; cost of filing fees, if applicable.
3. The Township shall be responsible for expert fees, Court costs and filing fees.
This agreement shall be effective, January 1, 2020 and shall terminate December 31,
2020.
In Witness whereof, we sealed the day and year above first written agreement.
Blaney & Karavan, P.C.
Township of Lower
Dated: 17/06/2020
Marcus H. Karavan, EsquireProtected Document Content
Start your free trial to view the raw municipal bid documents and web text.
Unlock Full AccessDetailed Risk Breakdown
local preference
No Flags Found
performance bond
No Flags Found
liquidated damages
No Flags Found
Quick Actions
Contacts
Julie A. Picard
Township Clerk
Explore More
Timeline
First Discovered
Apr 2, 2026
Last Info Update
Apr 2, 2026
Start your 7-day free trial
Get instant notifications and full bid analysis. Existing users will be logged in automatically.
Start Free Trial