Marcel Wurms NO BID Contract- Special Tax Counsel- One Costly Mistake

7/28/2019 Marcel Wurms NO BID Contract- Special Tax Counsel- One Costly Mistake

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Bergen County, New J ersey

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A Y E N A Y A B S T A I N E D A B S E N TP . F I D U C C I A V

S L . C I M A " '"I J l B . M A S O P U S T IP . L IC A T A ./ IM A YO R S C H R IE K S , , -

J ULY 1, 2013RESOLUTION NUMBER 13...90

BOROUGH OF lODi

WHER~AS, on prior occasion, the Borough of Lodi (hereinafter referred to as the"Borough") solicited Statements of Qualifications byway of ReqLests for Qualifications('RFQ") on a fair and open basis from vendors seeking to serve the Bqrough as itsSpecial Tax Counsel; and

WHEREAS, on or before J une 6, 2013, Marcel R. wurri-J Esq. ("Wurms")submitted a Statement of Qualifications to the Borough in accordance with therequirements of the RFQ; and ,. .

WHEREAS, upon review and analysis of the Statement df Qualificationssubmitted by Wurms, and upon due deliberations, the Mayor a~d Council of theBorough of Lodi determined that Wurms was competent and qu'alifiedto serve theBorough as its Special Tax Counsel, and accordingly qeterniinep to engage Wurms insuch capacity for the for the period J uly 1, 2013 through J une 3P, 2014, subject to theformation of an agreement by and between the Borough and Wurms as to the scope ofservices to be provided, and the quantum of compensation to b~paid therefore; and

WHEREAS, the Borough Manager has engaged innegoJ i~tions with Wurms in. order to form an agreement as to the scope of services to be prbvided for the services

to rendered by the selected vendor, and the compensation to b4 paid therefore, all ofwhich are set forth inthe Agreement attached hereto and a pa1 hereof; arid

WHEREAS, the Mayor and Council of the Borough of Lotli are desirous ofcausing the execution of the Contract heretofore negotiated by knd between theBorough and Wurms for the provision of Professlonal Legal SeJ .,icesasSpecial TaxCounsel to the Borough of Lodi;' ..

WHEREAS, award of the foregoing contract is exempt from public bidding as a"professional service" inaccordance with the provision ofthe NJ w J ersey Local Publiccontract Law, N.J .S.A. 40A:11-1 et seq.;

NOW, THEREFORE, BE IT RESOLVED bythe Mayor ard Council oftheBorough of Lodi hereby authorize the Mayor to execute an agreement with Wurms forthe provision of Professional Legal Services as Special Tax Cothnselto the Borough ofLodi, inthe form attached hereto and made a part hereof; and


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BE IT FURTHER RESOLVED that nottce of the award ojthe witbin contract shallb e p ub lis h ed in th e o ff ic ia l p u bl ic at io n (s ) o f th e B oro ug h in th e f0 im an d m an n erp res cr ib ed b y law .

/A do p ted th is 1s t d ay o f J u ly , 2013

M ar c N . Sc hr iek s, M ay o r Debra Clliento, tuniCiPal CI~rk


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Contract or Ag.reement reviewedand approved byBorough AttorneyBy: I " "Allan P. Spinlello, Esq.

AGREEMENT TO EMPLOYSPECIAL TAX COUNSELBOROUGH OF LODI

This Contract, effective as of J uly 1, 2013 between BOR~UGH OF LODI. . I .(hereinafter referred to as "BOROUGH") and MARCEL R. WU "MS, ESQ. (EIN_ _ _ _ - - - l ) (hereinafter referred to as the "ATTORNEY").

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

a fair and open basis and has selected the ATTORNEY as spJ cial Tax Counsel; andWHEREAS, the BOROUGH desires that the scope of slNices to be rendered by

the ATTORNEY as well as compensation to be paid to h;mfor kUChservices beImemorialized in a written document pursuant to law; andWHEREAS, the ATTORNEY is to be compensated for tfueservices he renders in

accordance with the terms herein:NOW, THEREFORE, the parties do mutually agre-eas f@lIows:I " "1. The BOROUGH, pursuant to the authority d91eglted to it hereby retains

the ATTORNEY to represent the municipality invarious special legal matters, nowpending or hereafter filed, as may be assigned to himfrom time to time by theBOROUGH.


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I2. . The services to be performed by the ATTORNEY lh~1I include

representation of the BOROUGH in special counsel and litigatidn services with regardto commercial and residential tax appeals, as directed b~the sLough Attorney, theMayor and Council and/or BOrOUgh.Manager inCluding but not +ted to legal guidancerelating to commercial and residential tax appeals, performing legal research andproviding advisory opinions as needed; drafting pleadings and J tiPulations of settlementrelated to commercial and residential tax appeals; representing the BOROUGH inlitigation in federal and state courts and administrative forums with regard to commercialand residential tax appeal issues; attending meetings of the ~lyor and C~uncil uponrequest; conducting programs on specified legal issues relatinglto Commercial andresidential tax appeals for appropr.iate elected officials a~d/or Bfrou9h ~~PIOyeeS u~onrequest; and such other legal services that may be necessary for the efficient operationof the governmental affairs of the BOROUGH as assigned to hi[1 by the Mayor andCouncil or the Municipal Manager or the Borough Attorney. .

3. . The ATTORNEY agrees to perform the services hrreinabove describedand the BOROUGH agrees to compensate the ATTORNEY at the monthly rate of$5,416.67. This compensation shall not be paid as an appropriktion p~r~uant to the. . - - I . 'General Salary Ordinance of the Borough of Lodi ATTORNEY oeing an independentcontractor. In addition, the ATTORNEY agrees to maintain a schedute setting forth thetime and the nature of services rendered and shall similarly inclLde, as separate entries,. . . . . . - Icash disbursements incurred, if any and to supply a true copy of same-to theBOROUGH upon Its request, Given the uncertainty as to the ctPleXity and number ofspecial legal matters which may be encountered by the BOROUGl:f during the course of


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ATTORNEY'S engagement, it is further understood that the retjntion of ATTORNEY bythe BOROUGH, under this Agreement, is non-exclusive, the BOROUGH reserving theright to aSSign.other matters to other attorneys. This Agreeme1.is.terminable inaccordance with the Canons of Professional Ethics and Resporlblhtles.

4. This Agreement is subject to an appropriation of monies being made bythe Borough Council of the Borough of Lodi.

-5. The ATTORNEY represents that he will fully comp.ly with all requirementsand regulations referable representation of the municipality purfuant to P.l. c. 127 etseq. And all rules and regulations issued by the Treasur~r of thj State of New J erseyand any other governmental authority having jurisdiction. The ,TIORNEY' representsthat he is fully aware that in the absence of compliance with such laws and. requlatlons,that no funds will be paid for the services rendered until there is adequate compliancewith same. In addition, it is acknowledged, that in the absence of such compliance, thisAgreement may be terminated and the ATTORNEY may.be pr1cluded from all publiccontracts for a period of five (5) years. The ATTORNEY represents that he has fewerthan fifty (50) employees and agrees that in the event his workforce increases to fifty(50) or more employees, he will complete the Employee lntormatton Report and any. . . . . I .other documentation required by the State Affirmative A~tion 0rce.

6. This Contract is awarded without competitive biddrg as a "ProfessionalService" contract in accordance with N.J .S.A. 40A:11-5(1 )(a) 0The Local PublicContracts Law because the services are to be performed by a p'er~on authorized by lawto practice a recognized profession and is entered into as a fair and open contractpursuant to N.J .S.A. 19:44A-20.3 et seq. ATTORNEY shall execute the attached


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Business Entity Disclosure Certification as perthe requirements of law. This contractsupersedes all prior agreements respecting the subject matter ~ereof.

7. The ATTORNEY understands and agrees that he shall be solelyresponsible for his own health insurance benefits, at his own cJ ostand expense duringthe term of this Agreement and any and all extensions or rene als thereof.

8. The effective date of this Agreement shall be J uly 1, 2013, and shallcontinue for a period of one year after which, unless ext~nded, , t shall terminate.

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

DEBRA A. CILIENTOBorough Clerk MARC N. SCHRIEKS, Mayor

MARCEL R. WURMS, ESQ.Schedule A attached hereto

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Marcel Wurms NO BID Contract- Special Tax Counsel- One Costly Mistake