THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES … Board Meeting Minutes and Resolutions… ·...

THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY

MEETING MINUTES

JUNE 27, 2019

The Regular Meeting of The Southeast Morris County Municipal Utilities Authority (the "Authority") was held on Thursday, June 27, 2019, at 7:00 PM prevailing time in the Board Room at the offices of the Authority at 19 Saddle Road, Cedar Knolls, New Jersey.

The Chairman called the meeting to order at 7:00 PM and read the attached statement of Public Notice (Sunshine Law) and caused same to be entered into the minutes of the meeting.

ROLL CALL

PRESENT:

ABSENT:

Chairman Baldassari; Members Churner, Doherty, Iannaccone, Kissil, Rotando and Schimpf

Member Dougherty

Also present at the meeting were the following Authority staff: Laura Cummings, Executive Director/Assistant Treasurer; Charles Maggio, Chief Financial Officer/Treasurer; Kenneth Crawford, Superintendent; Jeff Elam, Chief Engineer; Drew Saskowitz, Water Quality Superintendent; Alexis Bozza, Executive Administrative Assistant/Assistant Secretary; and General Counsel to the Authority, Sidney D. Weiss, Esq.

MOTION APPROVING MINUTES OF MAY 16, 2019

Copies of the minutes of the meeting held on May 16, 2019, were distributed to the members prior to the meeting for review and comment. Member Doherty moved that the minutes be adopted as presented. Member Rotando seconded the motion which was duly adopted by the following vote:

YEAS:

NOES:


None

RESOLUTION APPROVING CLOSED SESSION MINUTES OF MAY 16, 2019

Copies of the closed session minutes of the meeting held on May 16, 2019, were distributed to the members prior to the meeting for review and comment. Member Rotando moved to approve the closed session minutes and offered the following resolution:

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RESOLUTION NO. 49-19

RESOLUTION APPROVING CLOSED SESSION MINUTES OF MAY 16, 2019

"COPY ANNEXED"

Member Doherty seconded the motion which was duly adopted by the following vote:

YEAS:

NOES:

COMMUNICATIONS

Chairman Baldassari; Members Churner, Doherty, Iannaccone, Kissil,

Rotando and Schimpf

None

1. May 29, 2019 - Copy of program excerpt and picture from NJBIZ General Counsel of the

Year Awards Ceremony where Sidney D. Weiss was a finalist.

2. June 12, 2019 - Picture of Charles Maggio with his daughters' class as recipients of a

pizza party award for New Jersey American Water Works Association's Drinking Water

Week poster contest.

RESOLUTION -APPROVAL OF JUNE 2019 LIST OF BILLS

Copies of the second bill list for June 2019 were distributed to the members prior to the meeting

for comment and approval. Member Rotando moved to approve the list of bills and offered the

following resolution:


RESOLUTION AUTHORIZING PAYMENT OF LIST OF BILLS FOR JUNE 2019

"COPY ANNEXED"


YEAS:

NOES:

Chairman Baldassari; Members Churner, Doherty, Iannaccone, Kissi!,

Rotando and Schimpf

None

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OTHER BUSINESS

A. Resolution Authorizing Contract Renewal with Horizon Blue Cross Blue Shield of New Jersey for Dental Insurance Coverage from August 1, 2019 through July 31, 2020

Horizon Dental (Horizon) is the current dental plan carrier for Authority employees. Horizon's current contract expires on July 31, 2019. One Digital, a partner of Willis Towers Watson, has received quotes from Horizon Dental for a one-year contract renewal with zero percent (0%) increase from the 2018-2019 term premium. Current enrollment includes 19 employees in a Preferred Provider Organization type plan, 16 in a Dental Health Maintenance Organization type plan and two in a clinic type plan.

Based on no increase in premium, in addition to Horizon being the only carrier that still offers a clinic type plan per the language of the current Union Agreement, it was recommended to renew the contract with Horizon Dental for an additional one-year term.

Member Iannaccone requested information from the insurance company on how much of the medical and dental program is used in comparison to the costs. The Executive Director responded that she would request if such a report is available.

Mr. Weiss stated that the Treasurer has certified that there are sufficient funds available in the 2019 Budget for the portion to be expended in 2019; portions to be expended in 2020 are subject to funds being available in the 2020 Budget. Member Rotando offered the following resolution:


RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY FOR DENTAL INSURANCE COVERAGE FROM AUGUST 1, 2019 THROUGH JULY 31,

2020

"COPY ANNEXED"


YEAS: Chairman Baldassari; Members Churner, Doherty, Iannaccone, Kissil, Rotando and Schimpf

NOES: None

B. Resolution Awarding Contract for Curbing, Sidewalk and Apron Repair

The Board reviewed a memorandum from the Superintendent dated June 10, 2019. Proposals for curbing, sidewalk and apron repair services were requested on March 14, 2019 with a due date of April 24, 2019. No proposals were received. On May 1, 2019, a second request for proposals was distributed to eight companies. On May 15, 2019, a proposal was received from one company, Bruce Brueche Jr. The Superintendent recommended that a one-year contract be

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awarded to Bruch Brueche Jr. in the total not to exceed maximum amount of $30,000.00. This contract would be awarded without public bidding as being less than the bidding threshold of $40,000 provided in the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.). Bruce Brueche Jr. has completed and submitted Business Entity Disclosure Certifications which certify that they have not made any reportable contributions to any political or candidate committee in the Township of Hanover, Borough of Morris Plains, Town of Morristown and the Township of Morris in the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract. Mr. Weiss stated that the Treasurer has certified that there are sufficient funds available in the 2019 Budget for the portion to be expended in 2019; portions to be expended in 2020 are subject to funds being available in the 2020 Budget.

Member Rotando offered the following resolution:


RESOLUTION AWARDING CONTRACT FOR CURBING, SIDEWALK AND APRON REPAIR

"COPY ANNEXED"



NOES: None

C. Resolution Awarding Contract for Granular Activated Carbon

The Authority advertised and received bids on June 12, 2019 for granular activated carbon which is used to remove taste and odor compounds and cyanotoxins from the Clyde Potts Water Treatment Plant. Bid packages were obtained by seven companies, where one submitted a bid. The Water Quality Superintendent reviewed the bid and set forth his recommendation in a memorandum dated June 18, 3019, for award of a two-year contract to Calgon Carbon Corporation in the total not to exceed amount of $69,200 per year of the contract. The Treasurer has certified that there are sufficient funds available in the 2019 Budget for the portion to be expended in 2019; portions to be expended in 2020 and 2021 are subject to funds being available in the 2020 and 2021 Budgets. Member Doherty offered the following resolution:


RESOLUTION AWARDING CONTRACT FOR GROUNDSKEEPING SERVICES

"COPY ANNEXED"

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Member Rotando seconded the motion which was duly adopted by the following vote:

YEAS: Chairman Baldassari; Members Churner, Doherty, Iannaccone, Kissi!, Rotando and Schimpf

NOES: None

D. Resolution Authorizing Award of Additional Contract Under the Morris County Cooperative Pricing Council

The Board reviewed a memorandum from the Chief Financial Officer dated June 17, 2019, requesting authorization to purchase certain items from authorized vendors under the Morris County Cooperative Pricing Council (MCCPC) during the 2019 budget year. The purchase of goods and services by local contracting units through the County agency without advertising is authorized under Section 12 of the Local Public Contracts Law, N.J.S.A. 40A:ll-12. The vendors listed in the memorandum have been awarded MCCPC contracts. Mr. Weiss stated that the Treasurer has certified that there are sufficient funds available in the 2019 Budget for the contracts. Member Doherty offered the following resolution:


RESOLUTION AUTHORIZING AWARD OF ADDITIONAL CONTRACTS UNDER THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL

"COPY ANNEXED"

Member Rotando seconded the motion which was duly adopted by the following vote:


NOES: None

E. Report of the Engineering Committee

A meeting of the Engineering Committee was held on June 19, 2019. The Committee was updated on the 2018 Water System Improvement Project which begun in December of 2018 by Reivax Construction. Also reviewed was the 2019 Water System Improvement Project which included inhouse design, permitting and construction management of the replacement of approximately 1.5 miles of water main; in addition to the installation of: 30 hydrants, 30 valves, 10 sampling stations, 3-5 meter chambers, 1 check valve chamber, 20 pressure sensors and 6 automatic flushing stations.

The Committee reviewed a revised proposal from Dewberry Engineers for additional work related to utility location and topographic survey in connection with the 2019 Water System Improvements.

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The Committee also review a list of items to be addressed in the upcoming 2019 Tank Improvements Project. This project will address sanitary, structural, site and safety issues. Contract documents will be developed by a consultant with expertise in tank rehabilitation.

An update was provided to the Committee on the Authority's efforts to update our hydraulic model. The main effort will be achieved by Aquarius Engineering and once completed, will allow the Authority to determine key parameters such as water age, system pressures, and a revalidation of the need, location and height of its water tanks.

An update was provided to the Committee on the Authority's efforts to update and modernize the Authority's GIS model. One of the tasks included with the work is the determination of the coordinates of the Authority assets (a process known as geocoding). A recommendation for award with information regarding the project was reviewed.

F. Resolution Awarding a Professional Service Contract with Larson Design Group for Professional Engineering Services in connection with the Development of Geographic Information Systems Infrastructure, Web Maps, Web and Mobile Applications, Website Integration and Related Matters

On April 9, 2019, the Authority requested proposals from four firms for professional engineering services in connection with the development of geographic information systems infrastructure, web maps, web and mobile applications, website integration and related matters. On May 20, 2019, proposals were received by two engineering firms. The Board reviewed a memorandum from the Information Technology Director dated June 14, 2019 recommending award of a professional service contract with Larson Design Group, Inc. (LDG) for its responsive proposal at a maximum cost of $189,950. In addition, the Authority requested that LDG submit a supplementary proposal for associated costs to geocode the Authority's site locations, and other assets beyond hydrants and valves; in addition to survey grade accuracy (sub-centimeter) for all measurements. LDG provided a revised proposal summary dated June 18, 2019 for the additional engineering services requested in the maximum amount of $25,000. Lastly, it was requested to provide for an allowance of $25,000 to cover potential costs for additional assets to be geocoded. This Contract is being awarded without public bidding as a Professional Service Contract pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and in compliance with N.J.S.A. 19:44A-20.5 (Pay-to-Play Law). LDG has completed and submitted Business Entity Disclosure Certifications which certify that they have not made any reportable contributions to any political or candidate committee in the Township of Hanover, Borough of Morris Plains, Town of Morristown and the Township of Morris in the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract. The Treasurer has certified that there are sufficient funds available in the 2019 Budget. Member Rotando offered the following resolution:

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RESOLUTION AWARDING A PROFESSIONAL SERVICE CONTRACT WITH LARSON DESIGN GROUP FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE DEVELOPMENT OF

GEOGRAPHIC INFORMATION SYSTEMS INFRASTRUCTURE, WEB MAPS, WEB AND MOBILE

APPLICATIONS, WEBSITE INTEGRATION AND RELATED MATTERS

"COPY ANNEXED"

Member Doherty seconded the motion which was duly adopted by the following roll call vote:

YEAS: Chairman Baldassari; Members Churner, Doherty, Kissil, Rotando and

Schimpf

NOES: Member Iannaccone

G. Resolution Amending Professional Service Contract with Dewberry Engineers,

Inc., for Professional Engineering Services related to Utility Location and Topographic Survey in connection with the 2019 Water System Improvements

The Authority awarded a professional service contract to Dewberry Engineers, Inc. ("Engineer")

on February 28, 2019 for engineering services related to utility location and topographic surveying in connection with the 2019 Water System Improvements Project (the "Agreement").

The maximum cost to the Authority authorized under the Agreement was $45,280. The Engineer

provided an amendment request to the Authority, by letter proposal dated May 22, 2019 (the

"Supplemental Proposal"), for additional engineering services needed at an additional cost to the Authority not to exceed $19,950, as more particularly set forth in the Supplemental Proposal.

The additional services will result in a corresponding increase in the total amount payable under

the Agreement by $19,950 from $45,280 to $65,230. The Members determined that the additional services to be performed are necessary and reasonable; and will benefit the Water

System. The Engineer has previously complied with the provision of the New Jersey Pay to Play Law with respect to contracts that can be awarded without public bidding or a "fair and open"

process. Funds are available and have been certified by the Treasurer. Member Rotando offered

the following resolution:


RESOLUTION AMENDING PROFESSIONAL SERVICE CONTRACT WITH DEWBERRY ENGINEERS,

INC., FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO UTILITY LOCATION AND

TOPOGRAPHIC SURVEY IN CONNECTION WITH THE 2019 WATER SYSTEM IMPROVEMENTS

"COPY ANNEXED"

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Member Doherty seconded the motion which was duly adopted by the following roll call vote:

YEAS: Chairman Baldassari; Members Churner, Doherty, Dougherty, Kissil, Rotando and Schimpf

NOES: Member Iannaccone

H. Report of the Personnel Committee

A meeting of the Personnel Committee was held on June 19, 2019. The Committee was provided with a summary overview of the Public Outreach Program where a company initiative is in place to address improved internal and external communications most important during emergencies, but also critical in day-to-day operations. The concept of how to outreach to the service area consumers in an effort to update the account holder contact information and also to populate the Smart911 database was discussed where the Authority will partner with the County and service area municipalities on this outreach program. Also discussed was the status of Union contract negotiations where a negotiation meeting was scheduled for June 24, 2019. Lastly, the Committee reviewed and discussed the staff's recommendation of award to Gallagher Benefits Services for a contract in connection with human resources, payroll, time keeping and related matters. The Personnel Committee supported the recommendation for award, which includes a strategy to optimize these related business functions in terms of labor and expenses and also to include necessary protective measures in terms of cybersecurity, business continuity and disaster recovery.

I. Resolution Awarding Contract with Gallagher Benefit Services, Inc., for Consulting Services for Human Resources Systems

Following the Report of the Personnel Committee, the Board reviewed a memorandum from the Executive Director dated June 14, 2019 in connection with a consulting contract in connection with human resources systems. The Authority advertised a competitive contracting request for proposals notice on March 20, 2019. Proposals were due on April 25, 2019. A total of 12 proposal packages were distributed to interested parties. Two proposals were received: 1) Gallagher; and 2) PayTech. Both firms were interviewed on May 3, 2019. The primary goal of this project is to assess the Authority's current state of managing human resource, learning management, safety information management, time keeping and payroll functions in accordance with industry best practices, to identify solutions to improve workplace culture and efficiencies and to optimize the associated operating expenses based on full life-cycle costing methods.

Member Schimpf requested additional information as to what services and products are being provided and what else, if anything, would be required to complete the project. Member Kissil and Ms. Cummings responded that the scope of work includes identifying the optimized solution where the bid documents and implementation would be separate services.

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Member Chu mer asked if this project is for the back office (i.e. payroll, time tracking, fixed asset management, expense and capital budgeting). He added that those are workflow intensive and can integrate. Ms. Cummings responded it is not budget related. She continued to state it is human resources, performance reviews, disciplinary actions, grievances, time management, payroll, staff training, etc. She added that it is increasingly labor intensive to manage. Ms. Cummings stated that identifying proper workflow processes with a firm like Gallagher that has knowledge and expertise in these areas would be beneficial in determining the application(s) that best suit the Authority in terms of information consolidation, organization, automation, etc.

Member Schimpf expressed that he would feel more comfortable spending the amount of money requested knowing a little more about what the benefits are, what the Authority is missing, what could save the Authority money, and so on.

Ms. Cummings proposed that Gallagher make a presentation to the entire Board. It was agreed that the resolution would be tabled until such time as the Board can reconvene and receive additional information as requested.

J. Resolution Authorizing Closed Session Discussions

Chairman Baldassari stated that the following Agenda items may be held in closed session pursuant to subsections 4 and 7 of Section 12b of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.):

1. IBT Local 469 Contract Negotiations; and

2. Contract Negotiations with Morristown Medical Center; and

3. Contract Negotiations with the Township of Parsippany-Troy Hills.

Chairman Baldassari then moved the following resolution:

RESOLUTION NO. S8-19

RESOLUTION AUTHORIZING CLOSED SESSION DISCUSSIONS

"COPY ANNEXED"


YEAS:

NOES:


None

[CLOSED SESSION MEETING FOLLOWED)

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[RESUMPTION OF PUBLIC MEETING]

K. Resolution Approving Retail Service Agreement with the Township of ParsippanyTroy Hills and Requesting Consent of the Creating Municipalities and the Morris County Municipal Utilities Authority for Extension of Facilities Outside the District Pursuant Thereto

Mr. Weiss stated that the Authority has received a resolution from the Township of ParsippanyTroy Hills ("Parsippany") requesting the Authority to provide water and fire protection service to certain properties in Parsippany (the "Requesting Resolution"). He recalled that the Authority currently provides water to properties in Parsippany pursuant to a Bulk Sales Agreement between the Authority and Parsippany dated January 21, 1977 (the "Bulk Service Agreement") which Bulk Service Agreement provides for billing to and payment by Parsippany at the Authority's bulk service rates rather than to and by the customers. The Requesting Resolution requests that service to the properties be provided and directly billed to the properties at the Authority's regular retail rates rather than to Parsippany under the Bulk Service Agreement. The Authority is agreeable to serving the properties referred to in the Requesting Resolution (the "Retail Service Properties") directly at its regular retail rates rather than to Parsippany under the Bulk Service Agreement, as set forth and provided in a proposed retail sales agreement between the Authority and Parsippany, a copy of which was reviewed by the Board (the "Proposed Retail Service Agreement"). The Retail Service Properties have access to the Authority's infrastructure in Parsippany but may also require construction a new main extension outside the District as described in the certification of the Chief Engineer dated June 26, 2019 (the "Chief Engineer's Certification") a copy of which was also reviewed by the Board. The proposed service and main extension require the approval of the Authority's four creating municipalities and the Morris County Municipal Utilities Authority. The Authority is unable to provide service outside the District at retail rates unless the Requesting Resolution is submitted to and approved by the New Jersey Board of Public Utilities {"BPU") as necessary and proper for the public convenience. The Proposed Retail Service Agreement is subject, inter alia, to the Authority obtaining the consents of its creating municipalities and the MCMUA to the proposed service and new main extension outside the District. The proposed Retail Service Agreement is further subject to Parsippany filing a Petition with the BPU for such approval and Parsippany has agreed to do so at its expense. The Authority's Chief Engineer has certified, in the aforementioned Chief Engineer's Certification, that the proposed service and main extension are feasible and will not substantially impair the agility of the Authority to meet existing and reasonable foreseeable service requirements within the District. The proposed service and extension are the most feasible way of serving the Retail Service Properties. The proposed service and extension are in the best interest of the Water System, customers within the District and the public interest in that it will provide additional revenues to the Authority from connection fees and service charges without any significant cost to the Authority for new infrastructure, such cost, as needed, to be borne by one, or more developers of the Retail Service Properties. Member Rotando then moved the following resolution:

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RESOLUTION APPROVING RETAIL SERVICE AGREEMENT WITH THE TOWNSHIP OF PARSIPPANYTROY HILLS AND REQUESTING CONSENT OF THE CREATING MUNICIPALITIES AND THE MORRIS

COUNTY MUNICIPAL UTILITIES AUTHORITY FOR EXTENSION OF FACILITIES OUTSIDE THE

DISTRICT PURSUANT THERETO

"COPY ANNEXED"


YEAS: Chairman Baldassari; Members Churner, Doherty, Iannaccone, Kissi!,

Rotando and Schimpf

NOES: None

REPORTS

Copies of the following reports were distributed to the Members for review and comment and a

discussion ensued as to each item:

A. Executive Director - May 2019

B. Customer Service and Billing Division - May 2019 C. Engineering Division - May 2019

D. Finance Division - May 2019

E. Health, Safety and Security Division - May 2019

F. Information Technology Division - May 2019

G. Operations Division - May 2019

PUBLIC DISCUSSION

Chairman Baldassari stated the next portion of the meeting was set aside for public discussion.

No one from the public was present. The Chairman then closed the public portion of the meeting.

ADJOURNMENT

There being no further business, Member Churner moved that the meeting be adjourned.

Member Doherty seconded the motion. The meeting adjourned at 8:56 PM.

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THE SOUTHEAST MORRIS COUNTY

MUNICIPAL UTILITIES AUTHORITY

~&~ Assistant Secretary

SUNSHINE LAW STATEMENT

Adequate notice of this meeting has been provided in

accordance with the provisions of the "Open Public

Meetings Act", in the following manner:

1. By posting a copy of the Annual Notice of the

Authority's regular meetings (upon which this meeting is

listed) on the Bulletin Board at the Authority's offices at

19 Saddle Road, Cedar Knolls, New Jersey, and by

delivering copies of such notice for posting at similar

public places in the municipal buildings of the Town of

Morristown, the Townships of Hanover and Morris and

the Borough of Morris Plains on February 6, 2019.

2. By delivering to, for filing, copies of the Annual

Notice with the Daily Record, the Newark Star Ledger, the

Morris News Bee, the clerks of the Townships of Chatham,

Harding, Mendham, Randolph and Parsippany-Troy Hills,

the Boroughs of Florham Park and Madison, and the

County of Morris on February 6, 2019.

Resolution No. 49-19

RESOLUTION APPROVING CLOSED SESSION MINUTES

RESOLVED that the attached minutes of the Closed Session Meeting held on May 16, 2019, be and the same are hereby approved but withheld from public inspecti~n and insertion in the

regular Minute Book pending re lease for public disclosure pursuant to the provisions of the Open

Public Meetings Act; and

BE IT FURTHER RESOLVED that the minutes be inserted in the Closed Session M inute Book

of the Authority pending such disclosure.

ATTEST:

Dated: June 27, 2019

Board Members

Morristown: Mary E. Dougherty Donald Kissil

Morris Township: Dennis Baldassari Micha el Churner, Ph. D.

Executive Director: Laura Cummings, P.E.


DENNIS BALDASSARI, Chairman

Morris Plains: Jac k Doherty Ralp h R. Rotando

Hanover Township: Saverio C. Iannaccone Adolf Schimpf, Ph. D.

Superintendent: Kenneth A. Crawford, C.P.W.M.

CERTIFICATION

I hereby certify the foregoing to be a true copy of the resolution adopted by The

Southeast Morris County Municipal Utilities Authority on June 27, 2019, at a meeting duly

convened of said Authority.


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RESOLUTION AUTHORIZING PAYMENT OF JUNE 2019 LIST OF BILLS

BE IT RESOLVED that authorization is hereby granted to make payment of the following list

of bills:

OPERATING FUND

Total Salary and Wages

Total Operating Fund Checks and Wire Transfers

CAPITAL FUND

Total Capital Fund Expenditures

TOTAL OF JUNE 2019 LIST OF BILLS

ATIEST:


Board Members


Morris Township: Dennis Baldassari Michael Churner. Ph.D.


$

$

331,080.46

776,389.80

$ 579,935.27

$ 1,687,405.53




Morris Plains: Jack Doherty Ralph R. Rotando

Hanover Township: Saverio C. Iannaccone Adolf Schimpf, Ph.D.


\

TREASURER'S CERTIFICATION

I hereby certify that there are sufficient funds available ($1,687,405.53) for payment of the

resolution entitled Resolution Authorizing Payment of June 2019 List of Bills in the Authority's 2019

Budget. 1 ~


CERTIFICATION






RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH HORIZON BLUE CROSS BLUE SHIELD OF

NEW JERSEY FOR DENTAL INSURANCE COVERAGE FROM AUGUST 1, 2019 THROUGH JULY 31, 2020

WHEREAS, there exists a need for renewal of the Authority's policy for dental insurance coverage; and

WHEREAS, Horizon Blue Cross Blue Shield of New Jersey (Horizon), the Authority's current dental insurance provider, has agreed to provide a one-year contract renewal with no increase in price; and

WHEREAS, the renewal rates and tiers of coverage are summarized in a memorandum from the Chief Financial Officer/Treasurer dated June 7, 2019, a copy of which is annexed as Exhibit "A"; and

WHEREAS, the Chief Financial Officer/Treasurer has recommended, in his aforementioned memorandum dated June 7, 2019, that the Authority accept the renewal submitted by Horizon Blue Cross Blue Shield of New Jersey at a maximum cost to the Authority of $25,349.15 for coverage beginning on August 1, 2019 through July 31, 2020; and

WHEREAS, contracts for insurance may be awarded without competitive bidding within the exception to the Local Public Contracts Law, specifically set forth in N.J .S.A. 40A:11-5(m); and

WHEREAS, the Executive Director has, upon advice of counsel, certified that the award meets the statute and regulations governing the award of such contracts, a copy of which Certification is annexed as Exhibit "B"; and

WHEREAS, the Treasurer has certified that there are sufficient funds available in the 2019 Budget for the portion to be expended in 2019; portions to be expended in 2020 are subject to funds being available in the 2020 Budgets; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution awarding contr.acts of this nature must be available for public inspection and that notice of the award be published in a newspaper authorized to publish the Authority's legal advertisements.

Board Members




Morris Plains: Jac k Doherty Ralph R. Rotando



NOW THEREFORE BE IT RESOLVED by The Southeast Morris County Municipal Utilities Authority as follows:

1. That the proposed renewal submitted by Horizon Blue Cross Blue Shield of New Jersey for dental insurance coverage be and the same is hereby approved and accepted at an annual premium of $25,349.15.

2. The Chairman or Vice Chairman and Secretary or Assistant Secretary be and they are hereby authorized to execute and deliver a contract renewal for such services with Horizon Blue Cross Blue Shield of New Jersey.

3. The above contract is being renewed without competitive bidding pursuant to the provisions of N.J.S.A. 40A:11-5(m) for the reasons set forth in annexed Certification of the Executive Director.

4.

ATIEST:

Copies of this Resolution and the Proposal herein approved shall be filed in the office of the Secretary of the Authority and in the respective offices of the Clerks of the Township of Hanover, the Township of Morris, the Town of Morristown and the Borough of Morris Plains, and notice of the awards shall be published once in the Daily Record in accordance with the Local Public Contracts Law.




CERTIFICATION

TO: SMCMUA Board Members

FROM: Laura Cummings, P.E., Executive Director

SUBJECT: Dental Insurance Coverage

DATE: June 27, 2019

This is to request your approval of the annexed resolution authorizing the contract renewal for insurance coverage to be executed as stated therein:

Carrier: Horizon Blue Cross Blue Shield of New Jersey

Cost: Not to exceed $25,349.15 per year of contract extension

Period: August 1, 2019 through July 31, 2020

Purpose: Policies for employee dental coverage.

The contract for insurance coverage is requested to be renewed without competitive bids pursuant to Section 40A:11-5(m) of the Local Public Contracts Law as an Extraordinary Unspecifiable Service.

I do hereby certify as follows:

1. A renewal summary of Employee Dental Insurance Coverage was prepared by the Authority's Chi~f Financial Officer/Treasurer for the period of August 1, 2019 through July 31, 2020, which is attached hereto. The rates for renewal reflect no increase over the previous rates.

2. The contract renewal can be made pursuant to the exception set forth in 40A:11-5(m) of the Local Public Contracts Law.

3. The services are specialized and qualitative in nature requiring expertise, extensive training and proven reputation because they involve complex insurance evaluation and underwriting concepts and because they are within the specific exception under the aforesaid section of the Local Public Contracts Law.

4. The services cannot be described by written specifications because of the complexities described above and because no such specifications are required under the exceptions set forth in the Local Public Contracts Law.

5. I have reviewed the rules and regulations of the Division of Local Government Services applicable to the Local Public Contracts Law with the General Counsel and certify that the proposed renewal may be authorized within the exception set forth in N.J.S.A. 40A:11-5(m).

Respectfully submitted,

~~ Executive Director

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TO: SMCMUA Board

MEMORANDUM

FROM: Charles Maggio, C.M.F.0 ., Q.P.A., Chief Financial Officer Laura Cummings, P.E., Executive Director

RE: Dental Plan

DATE: June 7, 2019

Horizon Dental (Horizon) is the current dental plan carrier for Authority employees. Horizon's current contract expires on July 315

\ 2019. One Digital, a partner of Willis Towers Watson, has received quotes from Horizon Dental for a one (1) year contract renewal with zero percent (0%) increase from the 2018-2019 term premium. Current enrollment includes 19 employees in a Preferred Provider Organization type plan, 16 in a Dental Health Maintenance Organization type plan and two (2) in a clinic type plan. Employees contribute 17.25% of their premium costs.

Based on no increase in premium, in addition to Horizon being the only carrier that still offers a clinic type plan per the language of the current Union Agreement, we are recommending award of the contract to Horizon Dental for an additional one-year term. The Treasurer has certified funds are available in Account No. 02-20-400-605, STATUT: Dental Benefits.

Table 1 Dental Plan Proposal Comparison

Plan Annual Premium based on Current Enrollment Current Horizon Contract $25,349.15 Renewal Horizon Contract $25,349.15, $0 more than current premium


I hereby certify funds for payment of a contract with Horizon Blue Cross Blue Shield of New

Jersey for dental insurance coverage from August 1, 2019 through July 31, 2020 as follows:

1. In 2019, funds are available in the amount of $10,562.15; and

2. In 2020, funds will be available in the amount of $14,787.00 subject to the approval

of the 2020 Budget.

The total maximum amount of this contract will not exceed $25,349.15. This item will be charged

to Account No. 02-20-400-605 (Statutory/Benefits: Dental Benefits).

tJt ) C~AGGIO, Treasurer

Dated : June 27, 2019

CERTIFICATION




retary


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RESOLUTION AWARDING CONTRACT FOR CURBING, SIDEWALK AND APRON REPAIR

WHEREAS, the Authority solicited proposals from seven companies for curbing, sidewalk and apron repair services; and

WHEREAS, proposals were due on May 15, 2019 where one proposal was received by Bruce Brueche Jr. ("Brueche"); and

WHEREAS, the Superintendent has recommended that a one-year contract be awarded to Brueche in the total not to exceed amount of $30,000.00; and

WHEREAS, the contract is being awarded without public bidding as being less than the bidding threshold of $40,000 provided in the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); and;and

WHEREAS, Brueche has completed and submitted Business Entity Disclosure Certifications which certify that they have not made any reportable contributions to any political or candidate committee in the Township of Hanover, Borough of Morris Plains, Town of Morristown and the Township of Morris in the previous one year, and that the contract will prohibit them from making any reportable contributions through the term of the contract; and

WHEREAS, the Treasurer has determined and certified in writing that the value of the Contract will exceed $17,500; and

WHEREAS, the Treasurer has certified that sufficient funds are available in the 2019 Budget for the portion of the Contract to be expended in 2019; the portion to be expended in 2020 will be subject to funds being allocated in the 2020 Budget;

NOW THEREFORE; BE IT RESOLVED by The Southeast Morris County Municipal Utilities Authority as follows:

Board Members


Morris Township: Dennis Baldassari Michael Churner, Ph.D.





1. That a contract for curbing, sidewalk and apron repair services be awarded to Bruce Brueche Jr. in accordance with its proposal submitted on May 15, 2019 in the maximum not to exceed amount of $30,000.

2. That the appropriate officers of the Authority be and they are hereby authorized and directed to execute a contract with regard to said services on behalf of the Authority in the manner provided by law.

ATTEST:





I hereby certify funds for payment of a contract with Bruce Brueche Jr. for curbing, sidewalk

and apron repair services as follows:

1. In 2019, funds are available in the amount of $17,500; and

2. In 2020, funds will be available in the amount of $12,500 subject to the

approval of the 2020 Budget.

The total maximum amount of this contract will not exceed $30,000. This item will be

charged to Account No. 02-60-400-692, Trans: Concrete Repairs, Pavement Restoration and Spoils

Removal.

S MAGGIO, Treasurer


CERTIFICATION





Southeast Morris County Municipal Utilities Authority 19 SADDLE ROAD• CEDAR KNOLLS, NEW JERSEY 07927 • T EL 973-326-6880 •FAX 973-326-952 1


RESOLUTION AWARDING CONTRACT FOR GRANULAR ACTIVATED CARBON

WHEREAS, the Authority has advertised and received bids for granular activated carbon on April 26, 2019; and

WHEREAS, one bid was submitted on June 12, 2019 from Calgon Carbon Corporation (

11Calgon" ) in the total maximum amount of $69,200; and

WHEREAS, the Treasurer has certified that there are sufficient funds available; and


1. That a contract for granular activated carbon be awarded to Calgon Carbon Corporation in accordance with its bid submitted on June 12, 2019, in the total maximum not to exceed amount of $69,200.

2. That the appropriate officers of the Authority be and they are hereby authorized and directed to execute contracts with regard to said project on behalf of the Authority as set forth above in the manner provided by law.

ATIEST:


Board Members







Hanover Township: Saverio C . Iannaccone Adolf Schimpf, Ph .D.



I hereby certify funds are available for payment of a contract for granular activated carbon

with Calgon Carbon Corporation in the total maximum not to exceed amount of $69,200. This item

will be charged to Account No. 02-70-400-637 (TREAT: Treatment Chemicals).

AGGIO, Treasurer


CERTIFICATION

hereby certify the foregoing to be a true copy of the resolution adopted by The




S llRIHllUA Southeast Morris County Municipal Utilities Authority I == 19 SADDLE ROAD . CEDAR KNOLLS, NEW JERSEY 07927. TEL 973-326-6880 . FAX 973-326-952 1

SlllClll A SlllClllU 51111:111


RESOLUTION AUTHORIZING AWARD OF ADDITIONAL CONTRACTS UNDER COOPERATIVE PRICING AGREEMENT WITH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL

WHEREAS, the Authority is a participant in a Cooperative Pricing Agreement with the Morris County Cooperative Pricing Council ("MCCPC"); and

WHEREAS, the purchase of work, materials and supplies through Cooperative Pricing Councils, such as the MCCPC, is authorized without additional advertising by the participants under Section 11 (5) of the Local Public Contracts Law, N.J.S.A. 40A:11-11(5); and

WHEREAS, by Resolution 118-18 duly adopted on December 20, 2018, the Authority authorized the award of contracts for certain goods and services to certain authorized vendors approved by the MCCPC; and

WHEREAS, the additional vendors listed below have been awarded a contract by the MCCPC for and including the budget year 2019; and

WHEREAS, the Authority wishes to purchase the items listed below from such additional vendors approved by the MCCPC; and

WHEREAS, the contract cost for such purchases from the additional vendors is estimated not to exceed the amount stated below; and

WHEREAS, the Treasurer of the Authority has certified the availability of funds for these contracts in the 2019 Budget;

NOW THEREFORE BE IT RESOLVED by The Southeast Morris County Municipal Utilities Authority that the vendors listed below be awarded the contracts set forth below for the budget year 2019:

Board Members


Morris Township: Dennis Baldassari Mic hael Churner, Ph. D.



Hanover Township: Saverio C . Iannaccone Adolf Schimpf, Ph. D.

Superintendent: Kenneth A. Crawford, C.P.W.M .

CONTRACT NO. VENDOR

27 Ricciardi Brothers, Inc.

18 Tree King, Inc.

22 Specialty Graphics, Inc.

ATIEST:

DATED: June 27, 2019

ITEMS/DESCRIPTION AMOUNT

Glass Beads, Type I DOT Specs. $5,000

Tree Removal, Trimming, Etc. $15,000

Uniforms $11,000





I hereby certify that there are sufficient funds available in the 2019 Budget to purchase

materials and supplies from the vendors listed below through the Morris County Cooperative Pricing

Council in 2019. The contract cost is estimated not to exceed the amounts stated :

NO. VENDOR ITEMS/DESCRIPTION AMOUNT ACCOUNT

02-50-400-605 27 Ricciardi Brothers, Inc. Glass Beads, Type I DOT Specs $5,000 (Operations - Paint

and Supplies)

02-50-400-636 18 Tree King, Inc. Tree Removal, Trimming, Etc. $15,000 (Operations - Facility

Groundskeeping) 02-40-550-623

22 Specialty Graphics, Inc. Uniforms $11,000 (Health, Safety and Security- Uniforms)

1A uf'/ CHARLES MA(jlO, Treasurer


CERTIFICATION





s 1111:111ua Southeast Morris County Municipal Uti lities Authority = C == 19 SADDLE ROAD• CEDAR KNOLLS, NEW JERSEY 07927 •TEL 973 -326-6880 •FAX 973-326-9521

SlllClll A SITll:lllU S1111:111UA


RESOLUTION AUTHORIZING AWARD OF A PROFESSIONAL SERVICE CONTRACT WITH LARSON DESIGN GROUP FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE

DEVELOPMENT OF GEOGRAPHIC INFORMATION SYSTEMS INFRASTRUCTURE, WEB MAPS, WEB

AND MOBILE APPLICATIONS, WEBSITE INTEGRATION AND RELATED MATIERS

WHEREAS, on April 9, 2019, the Authority requested proposals from four firms for

professional engineering ?ervices in connection with the development of geographic information systems infrastructure, web maps, web and mobile applications, website integration and related

matters; and

WHEREAS, on May 20, 2019, proposals were received by two engineering firms; and

WHEREAS, the proposals were reviewed by the Information Technology Director as set forth

in a memorandum dated June 14, 2019, a copy of which is annexed hereto; and

WHEREAS, the proposal received by Larson Design Group, Inc. ("LOG") has been determined

to be the most response to the requested scope of services at a maximum cost of $189,950; and

WHEREAS, the Authority requested that LOG submit an additional proposal for associated

costs to geocode the Authority's site locations, and other assets beyond hydrants and valves; in

addition to survey grade accuracy (sub-centimeter) for all measurements; and

WHEREAS, LOG provided a revised proposal summary dated June 18, 2019 for the additional

engineering services requested in the maximum amount of $25,000; and

WHEREAS, the Au~hority has provided for an allowance of $25,000 to cover potential costs for additional assets to be geocoded; and

WHEREAS, this Contract is being awarded without public bidding as a Professional Service

Contract pursuant to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and

in compliance with N.J.S.A. 19:44A-20.5 (Pay-to-Play Law); and

WHEREAS, LOG has completed and submitted Business Entity Disclosure Certifications which certify that they have not made any reportable contributions to any political or candidate committee

in the Township of Hanover, Borough of Morris Plains, Town of Morristown and the Township of

Morris in the previous one year, and that the contract will prohibit them from making any reportable

contributions through the term of the contract; and

Board Members

Morristown: Mary E. Dougherty Donald Kissi!






WHEREAS, the Treasurer has determined and certified in writing that the value of the Contract will exceed $17,500; and

WHEREAS, the Treasurer has certified that there are sufficient funds available in the 2019 Budget; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that notice of the awarding of professional service contracts be printed once in a newspaper authorized by law to publish the Authority's legal advertisement;


1. That the proposals of Larson Design Group, Inc. dated May 20, 2019 and revised on June 18, 2019, for professional engineering services in connection with the development of geographic information systems infrastructure, web maps, web and mobile applications, website integration and related matters, be and the same is hereby accepted and approved at a total not-to-exceed maximum amount of $239,950.

2. The Executive Director be and is hereby authorized and directed to execute a Professional Service Contract on behalf of the Authority.

3. This contract is awarded without competitive bidding as a " Professional Service Contract" in accordance with the Local Public Contracts Law because the services to be rendered are professional services as therein defined; and

4 .

ATTEST:

Copies of this Resolution shall be filed in the office of the Secretary of the Authority and in the respective offices of the Clerks of the Township of Hanover, the Township of Morris, the Town of Morristown and the Borough of Morris Plains, and notice of the award shall be printed once in the Daily Record in accordance with the Local Public Contracts Law.




MEMORANDUM

TO: SMCMUA Board

FROM: Nicholas Buono, Information Technology Director fjf!;; RE: Professional Engineering Services in Connection with the Development of Geographic

Information Systems Infrastructure, Web Maps, Web and Mobile Applications, Website Integration and Related Matters

DATE: June 14, 2019

CC: Laura Cummings, P.E., Executive Director Charles Maggio, C.M.F.O., Q.P.A., Chief Financial Officer

The Authority solicited proposals from four (4) consulting companies on April 9, 2019, for the above referenced project. Proposals were due on May 20, 2019. Proposals were submitted by Larson Design Group (LOG) and Corona Environmental Consulting (Corona). Arro Consulting (Arro), while present at the pre-proposal meeting, did not submit a proposal. Shockoe did not submit a proposal based on its lack of expertise of GIS applications within the water industry.

The primary goal of this project is to create an enterprise-level geodatabase of the Authority's assets utilizing the Authority's GIS software, integrate the collected asset geocodes into various existing applications (such as the hydraulic model), and develop mobile applications to address Engineering and Operation needs (such as main breaks, leak detection, water quality, etc.), while addressing industry best practice and standards in GiS implementation and cybersecurity measures.

The scope of work includes five (5) tasks:

• Task 1: Assess Hosted Cloud Services versus On-Premise Solution, and Budgetary Impact • Task 2: GIS Database and Web Map Design and Implementation • Task 3: Asset Geocodlng • Task 4: GIS Web arid Mobile Design Applications • Task 5: Management of the Authority's GIS Program

The detailed scope of services and the relevant proposal section from LOG is attached.

Page 1of3

Corona, while at a lower cost, did not properly evaluate or correctly price Task 3 (Asset Geocoding) nor did the project team have the advanced expertise in GIS for purposes to be utilized by the Authority.

Company Amount

Arra NO RFP Shockoe NO RFP LOG $ 189,950.00

Corona $ 174,903.57

In reviewing Task 3 (Asset Geocoding), the Authority requested LOG submit additional costs to geocode the Authority's site locations, and other assets beyond hydrants and valves. The Authority also requested survey grade accuracy (sub-centimeter) for all measurements. The accuracy is critical forthe locating of paved valves, as well as integration back to the hydraulic model for future analysis.

The Authority is also adding an allowance to cover potential costs for additional assets to be geocoded, such as sample stations and auto-flushers.

The Treasurer has certified that sufficient funds are available in the 2019 Capital Budget for the project. Table 1 provides a summary of costs and account allocation.

Table 1

Description Amount Account

Account Name Number

Proposal $189,950 02-00-500-454 2019 Engineering Professional Services (GIS)

Additional Scope 2019 Engineering Professional

Requests - Survey Grade $ 25,000 02-00-500-454 Services (GIS)

Accuracy for X, Y, Z

Allowance - Geocoding $25,000 02-00-500-454

2019 Engineering Professional Additional Sites Services (GIS)

Total $239,950

The Treasurer has certified that funds are available in the 2019 Budget; however, Table 2 below provides a breakdown of the costs and account allocation associated with this project and a required account transfer. The transfer will be reversed in the 2020 budgets between the referenced accounts.

Page 2 of 3

Table 2

Description Amount Account 2019

Project Budget $125,000 02-00-500-454 2019 Engineering Professional Services {GIS)

Total Budget for LDG $239,500 02-00-500-454 2019 Engineering Professional Services {GIS)

Difference -$139,500 Requires transfer

Transfer $139,500 02-00-500-451 2018 Headquarters Facility (construction)

Attachment: Scope of Services

Page 3 of 3

CERTIFICATION OF VALUE IN EXCESS OF $17,500 (PAY-TO-PLAY LAW)

The undersigned hereby certifies that the maximum amount of the contract to be awarded to Larson Design Group, Inc., for professional engineering services in connection with the development of geographic information systems infrastructure, web maps, web and mobile

applications, website inteilration and related matters exceeds$ ,500. Ji.,



I hereby certify funds are available in the maximum not to exceed amount of $239,950 for

payment of a contract with Larson Design Group, Inc., for professional engineering services in

connection with the development of geographic information systems infrastructure, web maps, web

and mobile applications, website integration and related matters. This item will be charged Account

No. 02-00-500-454 (2019 Engineering Professional Services (GIS)).

CHARLES MAGGIO, Treasurer


CERTIFICATION

I hereby certify .the foregoing to be a true copy of the resolution adopted by The




s111a111ua Southeast Morris County Municipal Utilities Authority l1ma•11: 19 SADDLE ROAD• CEDAR KNOLLS, NEW JERSEY 07927 •TEL 973-326-6880 • FAX 973-326-9521

SlllC A SlllCIJIU S111ClllU


RESOLUTION AUTHORIZING AMENDMENT OF PROFESSIONAL SERVICE CONTRACT WITH

DEWBERRY ENGINEERS, INC., FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO

UTILITY LOCATION AND TOPOGRAPHIC SURVEYING IN CONNECTION WITH THE

2019 WATER SYSTEM IMPROVEMENTS PROJECT AND RELATED MATTERS

WHEREAS, the Authority awarded a professional service contract to Dewberry Engineers, Inc.

("Engineer") on February 28, 2019 for engineering services related to utility location and topographic

surveying in connection with the 2019 Water System Improvements Project (the "Agreement"); and

WHEREAS, the maximum cost to the Authority authorized under the Agreement was $45,280; and

WHEREAS, the Engineer provided an amendment request to the Authority, by letter proposal dated May 22, 2019 (the "Supplemental Proposal"), for additional engineering services needed at an

additional cost to the Authority not to exceed $19,950, as more particularly set forth in the Supplemental Proposal; and

WHEREAS, the additional services will result in a corresponding increase in the total amount payable under the Agreement by $19,950 from $45,280 to $65,230; and

WHEREAS, the Authority has determined that the additional services to be performed are necessary and reasonable; and will benefit the Water System; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that notice of the awarding of professional service contracts be printed once in a newspaper authorized by law to

publish the Authority's legal advertisements; and

WHEREAS, the Engineer has previously complied with the provision of the New Jersey Pay to

Play Law with respect to contracts that can be awarded without public bidding or a "fair and open"

process; and

WHEREAS, funds are available and have been certified by the Treasurer;

Board Members

Morristown: Mory E. Dougherty Donald Kissi!

Morris Township: Dennis Baldossari Michael Churner, Ph.D.



Hanover Township: Soverio C. Iannaccone Adolf Schimpf, Ph.D.


NOW THEREFORE, BE IT RESOLVED by The Southeast Morris County Municipal Utilities Authority as follows:

1. The proposed amendment to the Professional Service Contract between the Authority and Dewberry Engineers, Inc., awarded on February 28, 2019 as set forth in the Supplemental Proposal dated May 22, 2019, be and the same

is hereby approved and accepted;

2. The additional services for the work to be provided under the Supplemental Proposal shall be provided at a maximum cost to the Authority not to exceed $19,950;

3. The Executive Director be and is hereby authorized to accept, execute and deliver the Supplemental Proposal herein authorized on behalf of the Authority; and

4. This contract is awarded without competitive bidding as a "Professional Service Contract" in accordance with the Local Public Contracts Law because the services to be rendered are professional services as therein defined; and

5. Notice of this resolution shall be published once in the Daily Record alild copies of this resolution and the contract herein authorized shall be filed for

public inspection in compliance with the provisions of the Local Public Contracts Law.

ATIEST:





CERTIFICATION OF VALUE IN EXCESS OF $17,500 (PAY-TO-PLAY LAW)

The undersigned hereby certifies that the estimat ed amount of the amended professional

services contract with Dewberry Engineers, Inc., for engineering services related to utility

location and topographic surveying in connection with the 2019 Water System Improvements

Project exceeds $17,500.

CHARLES MAGGIO, Tr



I hereby certify additional funds are available in the amount of $19,950 for payment of an

amended professional services contract with Dewberry Engineers, Inc., for engineering services

related to utility location and topographic surveying in connection with the 2019 Water System

Improvements Project. The total maximum amount of the amended contract will not exceed

$65,230. This item will be charged to Account No. 02-00-500-464 (2019 Transmission and

Distribution - Water Mains).


CERTIFICATION





s a1111ua Southeast Morris County Municipal Utilities Authority = C == 19 SADDLE ROAD• CEDAR KNOLLS, NEW JERSEY 07927 •TEL 973 -326-6880 •FAX 973-326-9521

SlllC A SlllClllU 5111 lllU


RESOLUTION AUTHORIZING CLOSED SESSION DISCUSSIONS

RESOLVED that discussions of:

1. Collective bargaining agreement negotiations with IBT Local 469; and

2. Contract Negotiations with Morristown Medical Center; and

3. Contract negotiations with Parsippany-Troy Hills.

be held in closed session pursuant to subsections 4 and 7 of Section 12b of the Open Public Meetings

Act (N.J.S.A. 10:4-6 et seq:); and be it further

RESOLVED that since the discussions are to be conducted in closed session as permitted by

the Act, and may involve questions of attorney/client privilege, it is not known at this time when, or if, the contents of the discussions may be disclosed.

ATTEST:


Board Members

Morristown: Mary E. Dougherty Donald Kissi!


Executive Director: Loura Cummings, P.E.





Superintendent: Kenneth A. Crawford, C .P.W.M.

CERTIFICATION





s1111:111ua Southeast Morris County Municipal Utilities Authority I a1118I 19 SADDLE RoAD. cmAR KNo LLs, NEw JrnsEv 07927 . TEL 973-326-6880. FAX 973-326-9s21

SlllCll A 51111: u S111ClllUA


RESOLUTION APPROVING RETAIL SERVICE AGREEMENT WITH THE TOWNSHIP OF PARSIPPANY-TROY HILLS AND REQUESTING CONSENT OF

THE CREATING MUNICIPALITIES AND THE MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY FOR EXTENSION OF FACILITIES OUTSIDE THE DISTRICT PURSUANT THERETO

WHEREAS, the Authority has received a resolution from the Township of Parsippany-Troy Hills ("Parsippany") requesting the Authority to provide water and fire protection service to certain properties in Parsippany which properties are described in the requesting resolution dated June 25, 2019, a·copy of which is annexed hereto as Exhibit "A" (the "Requesting Resolution"); and

WHEREAS, the Authority currently provides water to properties in Parsippany pursuant to a Bulk Sales Agreement between the Authority and Parsippany dated January 21, 1977 (the "Bulk Service Agreement") which Bulk Service Agreement provides for billing to and payment by Parsippany at the Authority's bulk service rates rather than to and by the customers; and

WHEREAS, the Requesting Resolution requests that service to the properties described therein be provided and directly billed to the properties at the Authority's regular retail rates rather than to Parsippany under the Bulk Service Agreement; and

WHERES, the Authority is agreeable to serving the properties referred to in the Requesting Resolution (the "Retail Service Properties") directly at its regular retail rates rather than to Parsippany under the Bulk Service Agreement, as set forth and provided in a proposed retail sales

agreement between the Authority and Parsippany, a copy of which in annexed hereto as Exhibit "B" (the "Proposed Retail Service Agreement"); and

WHEREAS, the Retail Service Properties have access to the Authority's infrastructure in Parsippany but may also require construction a new main extension outside the District as described in the certification of the Chief Engineer dated June 26, 2019 and annexed hereto as Exhibit "C" (the "Chief Engineer's Certification"); and

WHEREAS, the proposed service and main extension require the approval of the Authority's four creating municipalities and the Morris County Municipal Utilities Authority; and

Board Members


Morris Township: Dennis Baldassari Michael Churner, Ph. D.



Hanover Township: Saverio C. Iannaccone Adolf Schimpf, Ph. D.


WHEREAS, the Authority is unable to provide service outside the District at retail rates unless the Requesting Resolution is submitted to and approved by the New Jersey Board of Public Utilities ("BPU") as necessary and proper for the public convenience; and

WHEREAS, the Proposed Retail Service Agreement is subject, inter alia, to the Authority obtaining the consents of its creating municipalities to the proposed service and new main extension outside the District; and

WHEREAS, the proposed Retail Service Agreement is further subject to Parsippany filing a Petition with the BPU for such approval and Parsippany has agreed to do so at its expense; and

WHEREAS, the Authority's Chief Engineer has certified, in the aforementioned Chief Engineer's Certification attached hereto as Exhibit "C", that the proposed service and main extension are feasible and will not substantially impair the agility of the Authority to meet existing and reasonable foreseeable service requirements within the District; and

WHERES, the proposed service and extension are the most feasible way of serving the Retail Service Properties; and

WHEREAS, the proposed service and extension are in the best interest of the Water System, customers within the District and the public interest in that it will provide additional revenues to the Authority from connection fees and service charges without any significant cost to the Authority for new infrastructure, such cost, as needed, to be borne by one or more developers of the Retail Service Properties.

NOW THEREFORE, BE IT RESOLVED by The Southeast Morris County Municipal Utilities Authority that:

1. The proposed Retail Service Agreement between the Authority and Parsippany be and the same is hereby approved substantially in the form annexed hereto.

2. The Chairman or Vice Chairman and Secretary or Assistant Secretary be and are authorized to sign the Retail Service Agreement on behalf of the Authority in the manner prescribed by law.

3. The proper officers and staff of the Authority be and are hereby authorized and directed to apply for the required consents of the Authority's Creating Municipalities and the Morris County Municipal Utilities Authority to the provision of service at retail rates and construction of a new main extension in accordance with the provisions of the Retail Service Agreement approved by this Resolution.

4 .

ATIEST:

The proper officers, staff and consultants of the Authority are hereby authorized and directed to cooperate in all reasonable respects with

Parsippany's Petition to the BPU as provided in the Retail Service Agreement.





TOWNSHIP OF PARSIPPANY-TROY HILLS MORRIS COUNTY, NEW JERSEY

RESOLUTION

Exhibit "A"

R20l9-139: RESOLUTION OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS, COUNTY OF MORRIS, STATE OF NEW JERSEY AUTHORIZING REQUEST TO THE SOUTHEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY TO SELL WATER AT RETAIL TO CERTAIN PROPERTIES LOCATED ALONG ROUTE 10 EAST AND JOHNSON ROAD IN THE TOWNSHIP, APPROVING A RETAIL SERVICE AGREEMENT AND AUTHORIZING FILING OF A PETITION WITH THE BOARD OF PUBLIC UTILITIES PURSUANT TO N.J.S.A. 40:l4B-20(6)

WHEREAS, the water system formerly owned and operated by the Town of Morristown ("Town") provided

water service to propetties in certain parts of the Township of Parsippany-Troy Hills ("Township") which were a

significant distance from the Township's water system infrastructure; and

WHEREAS, in 1977 The Southeast Morris County Municipal Utilities Authority (the "Authority") acquired

and subsequently has operated the water system formerly owned and operated by the Town; and

WHEREAS, the Authority has provided service to propetties within the Township previously served by the

Town and to propetties in discrete areas within the Township which were developed subsequent to 1977 and which

are in closer proximity to the Authority's water system infrastructure than to the Township's water system

infrastmcture, including the property at 500 Hanover Avenue, Block 7, Lot 2 on the Tax Map of the Township, on

which the County ofMotTis has located a Police and Fire Academy (the "Police and Fire Academy Propmty"); and

WHEREAS, the water service provided to the Township by the Authority has been provided .\n accordance

with the terms of an Agreement for Supply of Water dated January 21, 1977, by which the Authority provides the

water on a bulk sale (wholesale) basis to certain prope1ties within the Township ("Bulk Sale Agreement"); and

WHEREAS, the developers of The District at l 515 will require the extension of water service to premises

consisting of over approximately 441 residential apartment units and approximately 100,000 square feet of

commet'Cial space to be constructed and located at 1515 Route 10 East, Block 200, Lots 1.02 and 1.03, on the Tax

Map of the Township ("Stanbety Development"); and

WHEREAS, the Stanbery Development prope1ty, the Police and Fire Academy prope1ty and several other

commercial propetties within the Township currently receive water from the Authority under the Bulk Sale

I i I " ~

Agreement under circumstances where none of the Township's water system infrastructure is utilized for their supply;

and

WHEREAS, the Township believes it would be more appropriate for the Authority to sell water at retail to

customers in the Township at the Stanbery Development, the Police and Fire Academy Property, and near-by

commercial and proposed multi-family residential propetties located at 1639 Route 10 East, Block 200, Lot I.OJ;

1719 Route 10 East, Block 200, Lot 1; 1900 Route 10 East, Block 176, Lot 8; 119 Johnson Road, Block 200, Lot 4;

159 Johnson Road, Block 200,, Lot 5 and 169 Johnson Road, Block 200, Lot 8 of the Tax Map of the Township,

(collectively, the "Retail Service Prope1ties"), and to such additional new prope1ties within the Township as may

hereafter be agreed upon by the Authority and the Township and has concluded that the provision of such service by

the Authority would be in the public interest; and

WHEREAS, Block 200, Lot 1.03, which is part of the proposed Stanbery Development, will become part of

Parsippany upon completion of its annexation from Hanover Township as pait of a land-swap with Hanove1·

Township, which CUl1'ently is in process and inclusion of Block 200, Lot 1.03 as one of the Retail Service Properties

to be served by the Authority within the Township is contingent upon completion of this annexation pro<;ess; and

WHEREAS, in response to the Township's request that the Authority provide retail water service to the

Retail Service Properties within the Township, the Township and Authority have negotiated an agreement for

provision of retail water service by the Authority within the Township (the "Retail Service Agreement") setting foith

the terms of service to be provided by the Authority to retail customers within the Township, which Retail Service

Agreement is supplemental to the Bulk Sale Agreement between the same parties and such Retail Service Agreement

is attached as Exhibit A to this Resolution; and

WHEREAS, to fmther the Township's intent that water customers on commercial prope1ties therein which

receive their water supply from the Authority under the Bulk Sale Agreement become retail customers of the

Authority under the Retail Service Agreement, the Business Administrntor, in consultation with the water

superintendent, should be authorized to make arrangements with the Authority to bring about this change if it is

discovered that additional commercial properties are receiving their water supply from the Authority under the Bulk

Sale Agreement;

NOW, THEREFORE, BE IT RESOLVED, by the Parsippany-Troy Hills Township Council, County of

Morris, State of New Jersey, that:

1. A Retail Service Agreement with The Southeast Morris County Municipal Utilities Authority for the

retail sale of water within the Township, substantially in the form submitted to the Township Council, and attached

hereto as Exhibit A, is hereby approved; and the Mayor and Township Clerk are hereby authorized and directed to

execute said agreement on behalfofthe Township of Parsippany-Troy Hills.

2

I I I

I i !

l ! ~

I ~ J '

2. The Township of Parsippany-Troy Hills hereby requests that The Southeast Morris County Municipal

Utilities Authority sell water at retail in the Township to customers at the Retail Service Propeliies described in this

Resolution, with inclusion of Block 200, Lot 1.03 subject to completion of the annexation process de>'cribed above,

and in the future to such other customers at properties in other paits of the Township as may be agreed upon by the

Township and the Authority, in accordance with the provisions of the aforesaid Retail Service Agreement; and futther

authorizes the filing of a Petition by the Township with the New Jerney Board of Public Utilities, pursuant to

N.J.S.A. 40:14B-20(6), to approve this Resolution and secure authorization for the Authority to provide retail water

service within the Township as therein prnvided.

3. The Township's Business Administrator, after consulting with the Township's Water Supel"intendent,

is hereby authorized to request that the Southeast Morris County Municipal Utilities Authot1ty provide retail water

service in accordance with the retail Service Agreement to water customers on any Township commercial property

receiving its water supply from the Authority under the Bitlk Sale Agreement and fuither to execute on behalf of the

Township any documents required to bring about this change.

COUNCIL Aye Nay Abstain Absent Motion Second MEMBER Mr. Carifi x Mr. dePien-o x Mrs. GraPnani x Mrs.McCaithv x x Mrs. Peterson x x THIS IS TO CERTIFY TilAT THE ABOVE IS A TRUE AND LAWFUL COPY OF A RESOLUTION ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS, COUNTY OF MORRlS, STATE OF NEW JERSEYAT !TS MEETING OF JUNE 25, 2019.

KHALED MADIN TOWNSHIP CLERK

3

COUNCIL PRESIDENT P.

i '

I ' ii ,\' fr g

' '

EXHIBIT A

AGREEMENT FOR SALE OF WATER AT RETAIL

WITHIN THE TOWNSHIP OF PARSIPPANY-TROY HILLS

By and Between


and

THE TOWNSHIP OF PARSIPPANY-TROY HILLS

THIS AGREEMENT made the __ day of June, 2019, by and between THE SOUTHEAST MORRIS

COUNTY MUNICIPAL UTILITIES AUTHORITY, a body corporate and politic of the State of New Jersey, having

its offices at 19 Saddle Road, Cedar Knolls, New Jersey 07927 (hereinafter referred to as "the Authority"),

and the TOWNSHIP OF PARSIPPANY-TROY HILLS, a municipal corporation of the State of New Jersey,

having its offices at 1001 Parsippany Blvd, Parsippany, New Jersey 07054 (hereinafter referred to as "the

Township").

WITNESSETH:

WHEREAS, the Authority and the Township each operate public water systems providing potable

water and water for fire protection service to customers within their respective service areas; and

WHEREAS, the Authority and the Township are parties to a certain Water Supply Agreement, dated

January 21, 1977 (the "Bulk Sales Agreement"); whereby the Authority agreed to sell and the Township

agreed to purchase a supply of water at the Authority's bulk sales rate as set forth in its Rules and

Regulations for Water Service (hereinafter the "Tariff'); and

WHEREAS, the Township has requested the Authority to provide direct service at retail rates to

several properties within the Township and the Township's service area, which properties are identified

in Schedule "A" annexed hereto and made part hereof and to such other properties as may hereafter be

agreed upon by the Authority and the Township (the "Retail Service Properties"); and

WHEREAS, the Authority is a municipal utilities authority formed pursuant to N.J.S.A. 40:14B-1 et

seq., (the "Authorities Act") by the Town of Morristown, the Townships of Morris and Hanover, and the

Borough of Morris Plains, all in the County of Morris and State of New Jersey (hereinafter collectively the

"Creating Municipalities"); and

WHEREAS, the district of the Authority is comprised of the territorial areas of the Creating

Municipalities (the "District") and

WHEREAS, the Township is outside the District of the Authority; and

WHEREAS, the Authority is prohibited by the Authorities Act from selling water at retail in any

municipality outside its District "unless the governing body of such municipality shall have adopted a

resolution requesting the municipal authority to sell water at retail in such municipality, and the board of

public utility commissioners [sic] shall have approved such resolution as necessary and proper for the

public convenience." N.J.S.A. 40:148-20 {6}; and

WHEREAS, the Township did on June 25, 2019, adopt such a resolution requesting the Authority

to provide service to the Retail Service Properties {the "Service Resolution"); and

WHEREAS, the Authority is willing to sell water at retail to such customers and properties in the

Township on the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the promises and the mutual covenants hereinafter set

forth, the parties agree as follows:

1. The Authority agrees to sell water to the Retail Service Properties; such service to be

provided at the Authority's regular retail rates applicable to customers within the District as

set forth in the Authority's Tariff, which rates may be modified from time to time in the

manner provided by law ("Regular Retail Rates").

2

2. The Authority further agrees that Regular Retail Rates charged to the Retail Service

Properties customers and other retail customers within the Township pursuant to this

Agreement shall be the same as the rates charged to comparable customers and classes of

customers within the Authority's District. In the event the Authority is required by any law,

or court or administrative order, to serve any of the Retail Service Properties or other

properties hereafter served pursuant to this Agreement at rates other than the rates

charged to comparable customers and classes of customers within its District, the Authority

shall have the right, but not the obligation, to terminate this Agreement on written notice

to the Township; and upon such termination such properties shall revert to being served by

the Township pursuant to the Bulk Sales Agreement.

3. This Agreement shall be subject to and contingent upon (i) approval of the Service

Resolution by the New Jersey Board of Public Utilities (hereinafter "BPU") as necessary and

proper for the public convenience pursuant to the requirements of N.J.S.A. 40:14B-20(6);

and (ii) to the extent required by law or contract, the consents of the Authority's Creating

Municipalities and the Morris County Municipal Utilities Authority (the "MCMUA"). (The

approvals referred to In items (i) and (ii) above are hereinafter referred to as the

"Approva Is".)

4. The Township agrees to make prompt application to the New Jersey Board of Public Utilities

("BPU") for approval of the Service Resolution pursuant to N.J.S.A. 40:14B-20(6), such

application to· made at the Township's sole expense. The Authority agrees to cooperate, in

all reasonable respects, toward obtaining such approval and shall consent to the Township's

application at the request of the Township.

5. The Authority agrees, to the extent required and applicable, to make prompt application to

the Creating Municipalities and the MCMUA, such application to be made at the Authority's

sole expense. The Township agrees to cooperate, in all reasonable respects, toward

obtaining such approvals and shall consent to the Authority's applications at the request of

the Authority.

3

6. In the event any of the required Approvals shall be denied; or not granted within one (1)

year from the date of this Agreement (or such later date as may be agreed upon in writing

by the parties); or shall contain any condition or requirement not acceptable to either the

Authority or the Township including, without limitation, any condition or requirement that

customers within the Township be served at rates other than the Authority's Regular Retail

Rates as defined in Section 1 of this Agreement, then, in any such event this Agreement

shall terminate and neither party shall be under any further obligation to the other with

respect to the provisions hereof.

7. All sales of water pursuant to this Agreement shall be subject in all respect to the

provisions of the Authority's Tariff as presently adopted and as may be supplemented and

modified from time to time in accordance with law.

8. Except as expressly provided in the Bulk Sales Agreement or this Agreement, the Authority

shall not be obligated to change, extend or enlarge its existing water mains or other water

supply facilities located in the Township or to provide water service outside of its District

without the Authority's prior written consent, the consent of the Creating Municipalities

and any other consents or approvals which may be required by law or contract.

9. The Township agrees that in the event a water emergency is declared by the Authority, the

Township shall issue a similar declaration within its municipal limits, applicable to

customers of the Authority, and promulgate such conservation measures as shall be

necessary to reduce water consumption by such customers to the same extent as such

conservation measures are imposed within the Authority's District.

4

10. This Agreement shall supplement but not amend (except as expressly provided in Section

11 of this Agreement) the provisions of the Bulk Sales Agreement, which agreement shall

continue in full force and effect as to the sale of water by the Authority to the Township at

the Authority's bulk service rates for use by the Township as therein provided. Termination

of this Agreement for failure of the Approvals or for any other reason shall not terminate or

affect the continued validity, rights and obligations of the parties under the Bulk Sales

Agreement. Similarly, termination of the Bulk Sales Agreement for any reason shall not

terminate or affect the continued validity, rights and obligation of the parties under this

Agreement.

11. The Authority and the Township agree that the volume of water sold to customers at the

Retail Service Properties shall count as purchased under the Bulk Sales Agreement for the

purpose of determining whether the minimum purchase requirement set forth in Article 1,

Paragraph B of the Bulk Sales Agreement has been met by the Township.

IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed as of the day

and year first above written.

5

WITNESS OR ATIEST:

Alexis Bozza, Assistant Secretary

Khaled Madin, Clerk

THE SOUTHEEAST MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY

Dennis Baldassari, Chairman

TOWNSHIP OF PARSIPPANY-TROY HILLS

Michael J. Soriano, Mayor

6

Schedule A

Properties Within the Township of Parsippany-Troy Hills to Receive Retail Water Service from the Southeast Morris County Municipal Utilities Authority

500 Hanover A venue, Block 7, Lot 2

1515 Route 10 East, Block 200, Lots 1.02 andl.03 1

1639 Route 10 East, Block 200, Lot 1.01

1719Route10 East, Block 200, Lot 1

1900 Route 10 East, Block 176, Lot 8

119 Johnson Road, Block 100, Lot 4



1 Block 200, Lot 1.03 will become part of the Township upon completion of its annexation from Hanover Township as pa1t of a land-swap with Hanover Township which currently is in process. As per the Service Resolution, inclusion of Block 200, Lot 1.03 as one of the Retail Service Properties to be served by the Authority within the Township is contingent upon completion of the annexation process.

AGREEMENT FOR SALE OF WATER AT RETAIL

WITHIN THE TOWNSHIP OF PARSIPPANY-TROY HILLS

By and Between

Exhibit "B"


and

THE TOWNSHIP OF PARSIPPANY-TROY HILLS

THIS AGREEMENT made the __ day of June, 2019, by and between THE SOUTHEAST

MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY, a body corporate and politic of the State of

New Jersey, having its offices at 19 Saddle Road, Cedar Knolls, New Jersey 07927 (hereinafter

referred to as "the Authority"), and the TOWNSHIP OF PARSIPPANY-TROY HILLS, a municipal

corporation of the State of New Jersey, having its offices at 1001 Parsippany Boulevard,

Parsippany, New Jersey 07054 (hereinafter referred to as "the Township").

WITNESSETH:

WHEREAS, the Authority and the Township each operate public water systems providing

potable water and water for fire protection service to customers within their respective service

areas; and

WHEREAS, the Authority and the Township are parties to a certain Water Supply

Agreement, dated January 21, 1977 (the "Bulk Sales Agreement"); whereby the Authority agreed

to sell and the Township agreed to purchase a supply of water at the Authority's bulk sales rate

as set forth in its Rules and Regulations for Water Service (hereinafter the "Tariff"); and

WHEREAS, the Township has requested the Authority to provide direct service at retail

rates to several properties within the Township and the Township's service area, which

properties are identified in Schedule "A" annexed hereto and made part hereof and to such other

properties as may hereafter be agreed upon by the Authority and the Township (the "Retail

Service Properties"); and

Page 1 of 5

WHEREAS, the Authority is a municipal utilities authority formed pursuant to N.J.S.A.

40:14B-1 et seq., (the "Authorities Act") by the Town of Morristown, the Townships of Morris

and Hanover, and the Borough of Morris Plains, all in the County of Morris and State of New

Jersey (hereinafter collectively the "Creating Municipalities"); and

WHEREAS, the district of the Authority is comprised of the territorial areas of the Creating

Municipalities (the "District"); and

WHEREAS, the Township is outside the District of the Authority; and

WHEREAS, the Authority is prohibited by the Authorities Act from selling water at retail

in any municipality outside its District "unless the governing body of such municipality shall have

adopted a resolution requesting the municipal authority to sell water at retail in such

municipality, and the board of public utility commissioners [sic] shall have approved such

resolution as necessary and proper for the public convenience." N.J.S.A. 40:148-20 {6}; and

WHEREAS, the Township did on June 25, 2019, adopt such a resolution requesting the

Authority to provide service to the Retail Service Properties (the "Service Resolution"); and

WHEREAS, the Authority is willing to sell water at retail to such customers and properties

in the Township on the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the promises and the mutual covenants

hereinafter set forth, the parties agree as follows:

1. The Authority agrees to sell water to the Retail Service Properties; such service to be

provided at the Authority's regular retail rates applicable to customers within the

District as set forth in the Authority's Tariff, which rates may be modified from time

to time in the manner provided by law ("Regular Retail Rates").

Page 2 of5

2. The Authority further agrees that Regular Retail Rates charged to the Retail Service

Properties customers and other retail customers within the Township pursuant to this

Agreement shall be the same as the rates charged to comparable customers and

classes of customers within the Authority's District. In the event the Authority is

required by any law, or court or administrative order, to serve any of the Retail Service

Properties or other properties hereafter served pursuant to this Agreement at rates

other than the rates charged to comparable customers and classes of customers

within its District, the Authority shall have the right, but not the obligation, to

terminate this Agreement on written notice to the Township; and upon such

termination such properties shall revert to being served by the Township pursuant to

the Bulk Sales Agreement.

3. This Agreement shall be subject to and contingent upon (i) approval of the Service

Resolution by the New Jersey Board of Public Utilities (hereinafter "BPU") as

necessary and proper for the public convenience pursuant to the requirements of

N.J.S.A. 40:148-20{6); and (ii) to the extent required by law or contract, the consents

of the Authority's Creating Municipalities and the Morris County Municipal Utilities

Authority (the "MCMUA"). (The approvals referred to in items (i) and (ii) above are

hereinafter referred to as the "Approvals''.)

4. The Township agrees to make prompt application to the New Jersey Board of Public

Utilities ("BPU") for approval of the Service Resolution pursuant to N.J.S.A. 40:14B-

20(6), such application to made at the Township's sole expense. The Authority agrees

to cooperate, in all reasonable respects, toward obtaining such approval and shall

consent to the Township's application at the request of the Township.

5. The Authority agrees, to the extent required and applicable, to make prompt

application to the Creating Municipalities and the MCMUA, such application to be

made at the Authority's sole expense. The Township agrees to cooperate, in all

reasonable respects, toward obtaining such approvals and shall consent to the

Authority's applications at the request of the Authority.

Page 3 of 5

6. In the event any of the required Approvals shall be denied; or not granted within one

(1) year from the date of this Agreement (or such later date as may be agreed upon

in writing by the parties}; or shall contain any condition or requirement not acceptable

to either the Authority or the Township including, without limitation, any condition or

requirement that customers within the Township be served at rates other than the

Authority's Regular Retail Rates as defined in Section 1 of this Agreement, then, in any

such event this Agreement shall terminate and neither party shall be under any

further obligation to the other with respect to the provisions hereof.

7. All sales of water pursuant to this Agreement shall be subject in all respect to the

provisions of the Authority's Tariff as presently adopted and as may be supplemented

and modified from time to time in accordance with law.

8. Except as expressly provided in the Bulk Sales Agreement or this Agreement, the

Authority shall not be obligated to change, extend or enlarge its existing water mains

or other water supply facilities located in the Township or to provide water service

outside of its District without the Authority's prior written consent, the consent of the

Creating Municipalities and any other consents or approvals which may be required

by law or contract.

9. The Township agrees that in the event a water emergency is declared by the

Authority, the Township shall issue a similar declaration within its municipal limits,

applicable to customers of the Authority, and promulgate such conservation

measures as shall be necessary to reduce water consumption by such customers to

the same extent as such conservation measures are imposed within the Authority's

District.

Page 4 of 5

10. This Agreement shall supplement but not amend (except as expressly provided in

Section 11 of this Agreement) the provisions of the Bulk Sales Agreement, which

agreement shall continue in full force and effect as to the sale of water by the

Authority to the Township at the Authority's bulk service rates for use by the

Township as therein provided. Termination of this Agreement for failure of the

Approvals or for any other reason shall not terminate or affect the continued validity,

rights and obligations of the parties under the Bulk Sales Agreement. Similarly,

termination of the Bulk Sales Agreement for any reason shall not terminate or affect

the continued validity, rights and obligation of the parties under this Agreement.

11. The Authority and the Township agree that the volume of water sold to customers at

the Retail Service Properties shall count as purchased under the Bulk Sales Agreement

for the purpose of determining whether the minimum purchase requirement set forth

in Article 1, Paragraph B of the Bulk Sales Agreement has been met by the Township.

IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed as of

the day and year first above written.

WITNESS OR ATIEST:

Alexis Bozza, Assistant Secretary

Khaled Madin, Clerk


Dennis Baldassari, Chairman

TOWNSHIP OF PARSIPPANY-TROY HILLS

Michael J. Soriano, Mayor

Page 5 of 5

Schedule A

Properties Within the Township of Parsippany-Troy Hills to Receive Retail Water Service from The Southeast Morris County Municipal Utilities Authority

500 Hanover Avenue, Block 7, Lot 2

1515 Route 10 East, Block 200, Lots 1.02 and 1.031

1639 Route 10 East, Block 200, Lot 1.01






1 Block 200, Lot 1.03 will become part of the Township upon completion of its annexation from Hanover Township as part of a land-swap with Hanover Township which currently is in process. As per the Service Resolution, inclusion of Block 200, Lot 1.03 as one of the Retail Service Properties to be served by the Authority within the Township is contingent upon completion of the annexation process.

Exhibit "C"

DA Southeast Mo.rris County Municipal Utilities Authority == 19 SADDLE ROAD• CEDAR KNOLLS, NEW JERSEY 07927 •TEL 973-326-6880 •FAX 973-326-9521

SlllC A SlllC U SlllDlll R

CERTIFICATION

TO: SMCMUA Board

FROM: ~eff Elam, P.E., Chief Engineer

RE: Water Main Extension Outside of the District

DATE: June 26, 2019

A new development at 1515 Route 10 East has been submitted to the Parsippany and Hanover Planning Boards for Preliminary Subdivision Approval. This project involves the demolition of an existing 306,991 ft. office complex consisting of two buildings and the construction of a mixed-use complex including residential, retail, hotel and office. The site is presently serviced by privately owned 4" domestic and 6" fire lines that extend from the Authority's main in Johnson Road.

In order to adequate ly service this development with domestic and fire flows, a new 12" ductile iron water main will be required to be constructed along Route 10 within the public right of way wholly in the Township of Parsippany-Troy Hills ("Parsippany"), which is outside the District of the Authority. This proposed main will be connected into the existing SMCMUA main at Johnson Road along with the proposed site piping in connection with the proposed development. A plan of the new main extension outside the Authority's District is attached1

. I am advised by General Counsel that direct or indirect service outside the District requires the approval of the Authority's Creating Municipalities; and that new main extensions outside the District require such approval and also the approval of the Morris County Municipal Utilities Authority.

I have reviewed the proposed service and new main extension to be provided and extended outside the District and hereby certify that such service and extension are feasible, within the present capacity of the water system to provide potable water and fire service to the properties and will not substantia lly impair the Authority's ability to meet existing and reasonably foreseeable service requirements within the District. I also certify the proposed extension is in conformity with proper water supply and engineering standards. All new retail customers of the Authority in Parsippany will

1 The precise location and size (not to exceed 12" ) of the new main extension may vary pending final development plans which are currently under review by Parsippany. Any material modification will be subject to review and approval of the Authority and my certification that the variation will be within the capacity of the Water System to provide and will not substantially impair the Authority's ability to meet existing and reasonably foreseeable service requirements within the District.

Page 1of2

be required to comply with all applicable provisions of the Authority's Tariff including its rate schedules.

Therefore, it is recommended by myself, as Chief Engineer, and the Superintendent of the Authority that the Authority Board authorize General Counsel, officers and staff of the Authority to request approval of the above referenced service and main extension outside the District from the creating municipalities and the Morris County Municipal Utilities Authority.

Attachment

Page 2 of 2

"?JIU: Jeff Elam, P.E. Chief Engineer

M MOTT M MACDONALD

Memorandum

The distribution system in the hydraulic model has a dead end at Junction A (ID 2381), see Figure 3 below. In order to supply the proposed development at 1515 Route 10, approximately 2,026 linear feet of 8" water main is proposed to extend the system from existing junction A (ID 2381) to proposed junction B (ID 16536).

Figure 3: Proposed Development Water Main Extension - Google Maps

Summary

With potential future mixed-use development on 1515Route10 summarized above, and data provided by SMCMUA, Mott MacDonald's hydraulic analysis shows that a new 8" water main extension should provide adequate fire flow to the new development.

Page 6of6

CERTIFICATION





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