Township Council Meeting — Packet

EXHIBIT B MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 2010, C. 127) N.J.A.C. 17:27 GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS Take Notice: During the performance of the contract, the contractor/firm shall comply with the State of New Jersey Mandatory Equal Employment Opportunity P.L. 2010 C.127 (NJAC 17:27) which will be incorporated into all goods, general services or professional services contracts awarded. As such, the contractor shall be agreeing to the following: During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affection-al or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining

fectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as 11

amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, col-or, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval; or Certificate of Employee Information Report; or Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: http://www.state.nj.us/treasury/contract_compliance. The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes

hall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq. 12

96-26 March 10, 2026 RESOLUTION WHEREAS, on April 1, 2025, pursuant to the requirements of the Local Public Contracts Law, the Township of West Orange advertised for bids for the service contract entitled “2025 The Maintenance of Various Township Owned Parcels, Including Turf Maintenance, Litter and Debris Collection, Weed Control and Fall Leaf Collection and Disposal Re-Bid”; and WHEREAS, on April 23, 2025, the Township received four bids for this service contract; and WHEREAS, D’Onofrio & Sons, Inc., Landscaping complied with all bid submission requirements and was the lowest responsive bidder for the services described in the Base Bid and Alternates Bids; and WHEREAS, on May 20, 2025, the Township Council of the Township of West Orange passed Resolution No. 143-25 awarding the above service contract to D’Onofrio & Sons, Inc., Landscaping with the option to extend the contract for two additional one-year periods of April 1, 2026, to November 30, 2026, and April 1, 2027, to November 30, 2027; and WHEREAS, pursuant to N.J.S.A. 40A:11-4.2 a contract term of up to five years is permissible; and WHEREAS, the Township is desirous of extending the contract for the period of April 1, 2026, through November 30, 2026; now therefore BE IT RESOLVED by the Township Council of the Township of West Orange that the contract entitled "2025 The Maintenance of Various Township Owned Parcels, Including Turf Maintenance, Litter and Debris Collection, Weed Control and Fall Leaf Collection and Disposal Re-Bid" awarded to D'Onofrio and Son, Inc., Landscaping of 47 Van Ness Terrace, Maplewood, New Jersey 07040 by Resolution No. 143-25 is extended for the period beginning April 1, 2026 and ending November 30, 2026, for the same services in an amount not to exceed $154,805.00; and BE IT FURTHER RESOLVED by the Township Council of the Township of West Orange that the service contract entitled “2025 The Maintenance of Various Township Owned Parcels, Including Turf Maintenance, Litter and Debris Collection, Weed Control and Fall Leaf Collection and Disposal Re-Bid” be awarded to D’Onofrio & Son Inc., Landscaping, 47 Van Ness Terrace, Maplewood, New Jersey 07040 in the amount of $112,000.00 for the Base Bid-2, $12,305.00 for Alternate 1B-2, and $20,500 Alternate 1D-2 for the period of April 1, 2026 to November 30, 2026; and

BE IT FURTHER RESOLVED that the unit prices bid in Alternate 6-2 for specific services for parcels not itemized in the Bid Documents be awarded in an amount not to exceed $10,000.00 to D’Onofrio and Son, Inc., Landscaping for Initial Property Cleanup $150.00 per hour, Weekly Maintenance $110.00 per hour, Biweekly Maintenance $110.00 per hour and Fall Cleanup $150.00 per hour; and BE IT FURTHER RESOLVED by the Township Council of the Township of West Orange that the option to extend this contract for one additional one-year period of April 1, 2027, to November 30, 2027, is awarded to D’Onofrio and Son, Inc., Landscaping. Karen J. Carnevale, R.M.C., Municipal Clerk Susan Scarpa, Council President Adopted: March 10, 2026 I certify funds are available from Account No(s): Buildings and Grounds Account N o . :01-2010-00-7101-116 Amount Not to Exceed - $154,800.00 John Ditinyak, Chief Financial Officer

98-26 March 10, 2026 RESOLUTION TO HOLD A CLOSED SESSION WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4. et seq.) provides for the exclusion of the public meetings of the governing body during the discussion of certain matters; and WHEREAS, prior to the exclusion of the public from a meeting of the Township Council it is required that the Council adopt a Resolution stating the general nature of the subject to be discussed and stating as precisely as possible the time when the minutes of the discussion conducted in closed session can be disclosed to the public; and WHEREAS, this body is about to consider a matter which falls within the purview of N.J.S.A. 10-4-12, and can properly exclude the public from such discussions; now, therefore, be it BE IT RESOLVED, that the Township Council of the Township of West Orange, now assembled in public session at its regular meeting of March 10, 2026 enter into a closed session to consider the following matter(s). () 1. Discussion of any material, the disclosure of which constitutes an invasion of individual privacy. () 2. A collective bargaining agreement or the terms of provisions of same. () 3. Techniques or tactic utilized to protect the safety and property of the public provided that their disclosure could impair such protection. (X) 4. An investigation of violations or possible violations of the laws of the State of New Jersey and/or the Township of West Orange Administrative Code. (X) 5. Pending or anticipated litigation or contract negotiation in which this body is or maybe a party. (X) 6. A matter falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise his ethical duties to this body. (X) 7. Personnel matters. () 8. Discussion of any matter which by express provision of Federal law or State statute or rule of Court shall be rendered confidential. () 9. Discussion of any matter in which the release of information would impair a right to receive funds from the Government of the United Sates. () 10. Discussion of any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

() 11. Deliberations occurring after a public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit. More specifically, the Council may discuss in closed session the following topic(s): Discussion on Governmental Structure, including but not limited to, Personnel, Legal Matters, Contract Negotiations, Property Transactions and Statutory/Regulatory; Litigation-Update on all Active Litigation matters; Attorney Client CommunicationViolation of Attorney Client Privilege/Separation of Powers (the general subject matter(s) of discussion shall be indicated by a check mark in the appropriate box and shall be more specifically referred to thereafter to the extent such additional disclosure can be made without compromising the need for confidentiality giving rise to the closed session. IT IS FURTHER RESOLVED that the minutes of said discussion shall be made public as soon as the matter under discussion is no longer of a confidential or sensitive nature such that the public interest will no longer be served by such confidentiality. The foregoing resolution was duly adopted by the Township Council of the Township of West Orange at a public meeting held on March 10, 2026. Motion: Second: Vote Aye: Opposed: Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: March 10, 2026 Susan Scarpa Council President

99-26 March 10, 2026 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. National Council of Jewish Women 4.28.26 On Premise 50/50 750 Eagle Rock Avenue 7953 BPOE Lodge #1590 West Orange 5.8.26 Off Premise Cash 424 Main Street 7954 Karen J. Carnevale, R.M.C. Township Clerk Adopted: March 10, 2026 Susan Scarpa Council President

2954-26 AN ORDINANCE AMENDING CHAPTER 15, SECTION 2.6 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE REMOVING TENANTS’ APPEALS TO THE TOWNSHIP COUNCIL FROM FINDINGS OF THE RENT LEVELING BOARD WHEREAS, The Mayor and Council of the Township of West Orange (the “Township”), have an interest in the efficient administration of government services; and WHEREAS, Section 15-2.6 of the Revised General Ordinances of the Township of West Orange (the “Township Code”) currently states that tenants residing in the Township of West Orange may appeal certain findings of the Rent Leveling Board to the Township Council; and WHEREAS, the Township desires to amend Chapter 15, “Rent Control,” Section 2.6, “Notice of Tenants’ Rights,” of the Township Municipal Code to eliminate tenant appeals of findings of the Rent Leveling Board to the Township Council; and WHEREAS, the members of the Township Council wish to eliminate this provision so as to allow appeals of findings of the Rent Leveling Board be heard by the courts; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, being the governing body thereof, that Section 2.6, “Notice of Tenants’ Rights,” of Chapter 15 “Rent Control,” of the Revised General Ordinances of the Township of West Orange shall be amended as follows. Section 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Section 2. Chapter 15 “Rent Control,” Section 2.6, “Notice of Tenants’ Rights,” to eliminate appeals to the Township Council of findings of the Rent Leveling Board shall be amended as follows. Note: Additions are shown in bold and underline and deletions are shown as strikethrough. Additions are indicated in bold and underline;