Township Council Meeting — Packet

5-25 GOOSE CONTROL TECHNOLOGY A Division of Animal Damage Control Systems LLC. SERVICE CONTRACT- 2025 THIS AGREEMENT is made as of January 1, 2025 between The Township of West Orange (the “Client”) whose address is 66 West Main Street, West Orange, NJ, 07052 and Goose Control Technology (the “Consultant” or the “Contractor”). In consideration of the mutual covenants contained in this agreement, Client and Contractor agree as follows: 1. Services. Consultant agrees to provide Client with the services necessary to legally abate and control nuisance-related Canada Geese problems on the subject property located at all municipal park properties Contractor agrees to perform such services under the terms and conditions set forth in this contract. 2. Compliance with Law. Consultant shall be responsible for obtaining a permit, on behalf of the Client, from the United States Fish and Wildlife Service (“USFWS”), or any other state or local permitting authority, if required. Said permit(s) shall authorize the Client, as the permit holder, to engage in the lawful control, management and/or removal of Canada geese located on the Property. Upon the issuance of the permit(s), Client shall be solely responsible for the permit(s) and shall keep same on the Premises at all times. Contractor will provide all relevant records and information necessary for Client to maintain the permit(s) and ensure compliance of same. Consultant’s failure to obtain said permit(s) on behalf of the Client for reasons beyond the control of the Consultant shall not be deemed a breach of the terms and conditions of this Contract, but this agreement shall terminate and consultant shall promptly return any fee received. 3. Duties. Contractor agrees to perform any and all services, pursuant to the terms of the permit(s) and all applicable federal, state and local regulatory guidelines, necessary to reduce and or eliminate the Canada Geese population from the subject Property. These services may include harvest management programs, habit management programs, hazing/harassment programs, nest treatment and, if deemed appropriate, removal and lawful disposal of Canada geese. Contractor shall provide all equipment, materials and personnel necessary to facilitate any and all of these services. Upon Consultant’s on-site evaluation, the parties agree that the specific services to be provided in this Contract

pment, materials and personnel necessary to facilitate any and all of these services. Upon Consultant’s on-site evaluation, the parties agree that the specific services to be provided in this Contract are as follows: Egg Treatment @ 3 sites - $3,000.00; Permit facilitation/Record Keeping - $475.00 – which has been paid by Client; Removal of Resident geese - $4,500.00 – only at Client’s Request; and Volunteer management - $500.00 – only at Client’s request.

4. Term. The duration of this Agreement shall be for one year commencing on January 1, 2025, or as the parties to this Agreement shall otherwise agree. 5. Compensation. As compensation for the services performed under this Agreement, the Client shall pay Contractor the total sum of $3,475.00 for, permit processing and egg treatment minus the Permit facilitation/Recording Keeping fee of $475.00 which has been paid by Client. 6. Access and Security. Client agrees that Consultant shall have reasonable access to the Property for the purpose of performing such services as described herein. Client agrees to provide the security necessary to enable Contractor to perform its services and shall take all reasonable steps to prevent any interference by third parties in the abatement program. In the event that the Contractor cannot perform its services as a result of third-party interference and through no fault of either party, Contractor shall be entitled to payment of one-half of the total sum of compensation due under the contract as provided in paragraph 5 of this Agreement. 7. Force Majeure. Except as otherwise provided in this Agreement, neither party shall be liable to the other for failure to perform its obligations under this Agreement due to fire, flood, strikes, or other industrial disturbances, accidents, war, acts of God or other causes beyond the reasonable control of the parties including changes in the law concerning Canada Geese control and abatement activities. 8. Warranties and Representations. Contractor agrees to provide conscientious, competent and diligent services and will take all reasonable and lawful steps to effectively abate the nuisance-causing geese. However, Contractor does not and cannot warrant any result or final outcome for the services that it performs herein. 9. Relationship of Parties. The parties intend that Contractor, in performing services specified in this Agreement, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. Contractor shall be free to contract for similar services to be performed for other employers while Contractor is under contract with the Client. Contractor is not to be considered an agent or employee of Client and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that Client may provide for

ith the Client. Contractor is not to be considered an agent or employee of Client and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that Client may provide for its employees. 10. Liability. Contractor shall take all precautions necessary for the safety of and prevention of damage to property on the Property and for the safety of and prevention of injury to persons, including Client’s employees, Contractor’s employees and third persons, on the Property. All work shall be performed entirely at Contractor’s risk. Contractor agrees to carry, for the duration of this contract, public liability insurance in an amount, and with an insurer, acceptable to Client.

Dated:________________________ __________________________ BY: Stephen Toth, Jr. Principal Operating Officer ___________________________ Karen J. Carnevale, Township Clerk Dated:___________ Township of West Orange ______________________ BY: Susan McCartney Mayor

6-25 January 6, 2025 RESOLUTION WHEREAS, the following charitable organization(s) have applied for a Raffle License which raffle is to be conducted within the Township of West Orange, NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, that the Municipal Clerk is hereby authorized to issue a license to conduct a raffle by the following organization (s) at the place (s) and time(s) set opposite their respective name(s): Organization Type of Event/Date Place RL No. Our Lady of Lourdes 4.26.25 On Premise 50/50 1 Eagle Rock Ave. 7896 Our Lady of Lourdes 4.26.25 Tricky Tray 1 Eagle Rock Ave. 7897 W.O.H.S. Music Boosters 1.25.25 On Premise 50/50 51 Conforti Ave. 7898 Karen J. Carnevale, R.M.C. Township Clerk Adopted: January 6, 2025 Council President

7-25 January 6, 2025 RESOLUTION APPOINTING ZONING OFFICIAL AS MUNICIPAL HOUSING LIAISON WHEREAS, pursuant to P.L. 2024, c.2, the Township of West Orange (the “Township”) is required to appoint a Municipal Housing Liaison for the oversight of administration of the Township’s affordable housing program to enforce the requirements of the law and N.J.A.C. 5:80-26.1 et. seq.; and WHEREAS, Chapter 25 Section 18.17 provides for the appointment of a Municipal Housing Liaison to administer the Township’s affordable housing program., and WHERAS, Chapter 25 Section 18.17 requires that the Municipal Housing Liaison shall be appointed with the approval of the governing body; and WHEREAS, the Municipal Housing Liaison is an uncompensated position; and WHEREAS, Geniece Gary-Adams has all required certifications to hold the position as Municipal Housing Liaison. NOW, BE IT HEREBY RESOLVED, that the Township Council of the Township of West Orange, does and hereby approves the appointment of Geniece Gary-Adams as Municipal Housing Liaison pursuant to Township Code § 25-18.17 and the Fair Housing Act. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: January 6, 2025 Council President

8-25 January 6, 2025 RESOLUTION WHEREAS, the Township of West Orange (the “Township”) Fire Department seeks to donate sixteen (16) Scott Self Contained Breathing Apparatuses (“SCBAs”) to the Morris County Public Safety Training Academy (the “Academy”) pursuant to N.J.S.A. 40A:11-36 et seq; and WHEREAS, the Township Fire Department seeks to donate the SCBAs to the Academy for a public, educational use; and WHEREAS, the Township has obtained a release and hold harmless agreement annexed hereto as Exhibit “A” regarding the Academy’s use of the SCBAs; NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Township be authorized to donate the SCBAs to the Academy pending the Academy’s acceptance of the Release and Hold Harmless Agreement annexed hereto as Exhibit “A;” and be it further RESOLVED that the Chief of the West Orange Fire Department be and is hereby authorized to execute any document to finalize the contract with the Academy and is hereby authorized to attest to the Mayor’s signature thereon; and be it further RESOLVED that notice of this resolution shall be available in the Clerk’s office in accordance with any applicable law. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: January 6, 2025 Council President

EXHIBIT A

RELEASE AND HOLD HARMLESS AGREEMENT In consideration for the donation of sixteen (16) Scott Self Contained Breathing Apparatus (“SCBA”) pursuant to from the Township of West Orange (the “Township”) to Morris County Public Safety Training Academy as part of its educational program (the “Academy”), the Academy: 1. Hereby agrees to hold harmless the Township from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other claim asserted from or by the Academy, including its volunteers, its staff, its students, its agents and representatives whatsoever, related to the use of the SCBAs consistent with this hold harmless agreement. 2. Hereby agrees to fully defend, indemnify, and hold harmless the Township from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, or negligence on the part of the Academy, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers, including but not limited to personal injury and/or property damage arising out of the use of the SCBAs. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to the Township for all legal fees, expenses, and costs incurred by it. 3. Hereby assumes full and sole responsibility for compliance with any and all local, state or federal laws, ordinances, regulations or rules applicable to the use of the SCBAs for the purposes described herein. 4. Hereby acknowledges that the SCBAs have not been in use for approximately four (4) years and agrees that it shall be the full responsibility of the Academy to test the SCBAs to insure the same properly function. The Academy understands and acknowledges that it shall indemnify and hold the Township harmless from any and all damages caused by any potentially defective SCBAs. The