Township Council Meeting — Packet

37-25 January 28, 2025 RESOLUTION WHEREAS, on December 21, 2024, the township had to deal with a snow event; and WHEREAS, after the snow event, both salt storage areas were nearly exhausted with deicing materials; and WHEREAS, the Public Works Department ordered salt with our coop providers, but due to the holiday, deicing materials were to be delivered after the holiday week; and WHEREAS, with forecasted winter events projected from December 23, 2024 through December 27, 2024, the Department of Public Works had to use other resources to purchase deicing materials; and WHEREAS, pursuant to the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11.6a the Public Works Director on December 26, 2024, after calls to our suppliers and neighboring towns to borrow salt, notified the Administration and Purchasing Agent, that we need to purchase salt from an alternate supplier; and NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that an emergency appropriation in an amount not to exceed $53,870.54 is authorized to American Asphalt and Trucking for emergency purchase and delivery of 456.53 tons of road salt. BE IT FURTHER RESOLVED that this work was performed pursuant to the provisions of the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11-6 as the work was required to protect public health and welfare. Karen J. Carnevale, R.M.C., Municipal Clerk Joe Krakoviak, Council President Adopted: January 28, 2025 I certify funds are available from Account No.: John C Ditinyak, Chief Financial Officer 01-2010-00-7502-113 $53,870.54

American Asphalt & Trucking LLC 818 Summer Avenue Invoice Date Invoice # NJ 07104 12/27/2024 2025-07 Bill To Township of West Orange 37-25 25 Lakeside Avenue West Orange NJ 07052 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount 456,53 | Provide 456.53 tons of rock salt and delivered to 25 Lakeside ave and 590 Mt Pleasant 118.00 53,870.54 Ave on 12/27/2024, total of 18 loads tickets as follow 52310, 52313, 52354, 52359, 52301, 52350, 52322, 52361, 52280, 52294,52397, 52406, 52409, 52434, 52428, 52437, 52346, 52335 Total $53,870.54

38-25 January 28, 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. BPO Elks Lodge 1590 2.22.25 – 2.22.26 Pull Tabs 424 Main Street 7899 Karen J. Carnevale, R.M.C. Township Clerk Adopted: January 28, 2025 Joe, Krakoviak, Council President

39-25 January 28, 2025 RESOLUTION WHEREAS, the Township of West Orange (the “Township”) desires to enter into a Services Agreement with G-Tech also known as Goose Control Technology of NJ Inc. (“Goose Control Technology”) to provide services related to the control of nuisance-related Canadian Geese and other related health issues at all municipal properties; and WHEREAS, Goose Control Technology has been providing these services to the Township for more than twenty (20) years; and WHEREAS, the Township desires to retain Goose Control Technology for the year 2025 pursuant to the terms set forth in the proposed agreement, annexed hereto as Exhibit “A” (the “Agreement”); and WHEREAS, the Agreement provides that Goose Control Technology will provide goose egg treatment at three selected locations for $3,000 and $475 for permits facilitation/record keeping, and WHEREAS, the Township Engineer and the Director of Health and Welfare reports that Goose Control Technology has performed in a satisfactory manner in the past; and WHEREAS, the contract price set forth in the Agreement falls below the bid threshold, the award of the Agreement is exempt from the requirements of the Local Public Contracts Law. NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and hereby is authorized to execute the annexed agreement with Goose Control Technology for a term of one (1) year during 2025 and at a rate not to exceed $3,475 for the services as described herein and in the annexed Agreement, unless additional services are requested by the Township pursuant to the rates set forth in the Agreement; and be it further

RESOLVED that a copy of this resolution shall be available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C Municipal Clerk Joe Krakoviak, Council President Adopted: January 28, 2025 I certify funds are available from Account No. 01-2010-00-7101-200 John C Ditinyak, Chief Financial Officer

39-25 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, and management 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 the Canada Geese population from the subject Property. These services will include nest treatment and permit facilitation/record keeping. The contractor shall provide all equipment, materials, and personnel necessary to facilitate any and all of these services. Upon the 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

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; 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 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

’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

40-25 January 28, 2025 RESOLUTION WHEREAS, the New Jersey State Treasure authorized by N.J.S.A 10:5-36(f) and pursuant to N.J.S.C 17:27-3.2 requires each public agency to designate a Public Agency Compliance Officer; and WHEREAS, the Public Agency Compliance Officer is responsible for overseeing vendor and contractor compliance with the State of New Jersey law and regulations concerning Equal Opportunity in Public Contracts; and WHEREAS, the Interim Business Administrator for the Township of West Orange has recommended that Panayiota Reynolds, the Township of West Orange Purchasing Agent to be appointed to fulfill the duties of the PACO. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of West Orange, County of Essex, State of New Jersey that Panayiota Reynolds be and hereby is appointed the Township of West Orange Public Agency Compliance Officer for the 2025 year. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted : January 28, 2025 Joe Krakoviak, Council President