Resolution #15-01: Resolution Appointing the VTMUA Attorney for 2015-2016

Date of Adoption: January 15, 2015

VTMUA Attorney Contract

THIS AGREEMENT made this 15th day of January, 2015 by and between the Vernon Township Municipal Utilities Authority and Richard W. Wenner, attorney at law of the firm of Lavery, Selvaggi, Abromitis & Cohen, P.C.

WHEREAS, the board of the VTMUA is desirous of filling the vacancy they have for board attorney;

WHEREAS, the VTMUA has appointed Richard W. Wenner as MUA attorney from January 15, 2015 through February, 2016;

WHEREAS, Richard W. Wenner has accepted the appointment as VTMUA attorney; and

WHEREAS, the VTMUA wishes to retain his services on an annual retainer and to provide for the services of his firm, Lavery, Selvaggi, Abromitis & Cohen, P.C. for other legal work performed; and

WHEREAS, the parties hereto wish to incorporate their agreement in writing;

NOW, THEREFORE, the parties hereto agree as follows:

  1. The Vernon Township Municipal Utilities Authority retains the services of Richard W. Wenner, Esq. of the firm Lavery, Selvaggi, Abromitis & Cohen, P.C., as VTMUA attorney for the period of January 15, 2015 to February 2016 at a monthly retainer of TWO THOUSAND and 00/100ths ($2,000.00) DOLLARS per month. Said retainer shall cover all legal services associated with the VTMUA, including attendance by him at regularly scheduled meetings of the VTMUA, including the closed or executive sessions, all telephone and office conferences between him VTMUA members and/or employees; drafting of all ordinances, regulations, resolutions, business documents, contracts and other documents that may be requested by the VTMUA.
  2. The aforesaid retainer shall not include litigation or any action in any court or before any federal or state agency.
  3. The aforesaid retainer shall not include any matter which is customarily billed to a third party or paid by an escrow account.
  4. The services under paragraph 2 and 3 of this agreement shall be paid at a rate of $150.00 per hour for attorney services and $95.00 per hour for paralegal services to be billed in monthly detailed invoices.
  5. Political Contribution Disclosure. This contract has been awarded to Lavery, Selvaggi, Abromitis & Cohen, P.C. based on the merits and abilities of Lavery, Selvaggi, Abromitis & Cohen, P.C. to provide the goods or services as described herein. This contract was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4 et seq. As such, the undersigned does hereby attest that Lavery, Selvaggi, Abromitis & Cohen P.C., its subsidiaries, assigns or principals controlling in excess of 10% of the company has neither made a contribution, that is reportable pursuant to the Election Law Enforcement Commission pursuant of N.J.S.A. 19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the contract that would, pursuant to P.L.2004, c.19, affect its eligibility to perform this contract, nor will it make a reportable contribution during the term of the contract to any political party committee in the township of if a member of that political party is serving in an elective public office of that township when the contract is awarded, or to any candidate committee of any person serving in an elective public office of that township when the contract is awarded.

IN WITNESS WHEREOF, the Vernon Township Municipal Utilities Authority has caused this agreement to be executed on its behalf and its official seal to be affixed by its clerk thereunto duly authorized and Richard W. Wenner has caused this agreement to be executed in his name and behalf the day and year first above written.