Township Council Meeting — Packet

; and WHEREAS, consistent with the RFP, the Township utilized an evaluation committee to review, evaluate and score the proposals submitted in response to the RFP; and WHEREAS, the evaluation committee prepared a report summarizing its scoring and recommendations that the Contract for Pool Concession Services be awarded to Fat Daddy’z, annexed hereto as Exhibit “A;” and WHEREAS, the Township has prepared and Fat Daddy’z has executed a proposed Contract for Pool Concession Services which incorporates the terms and conditions set forth in both the RFP and the proposal submitted in response to the RFP, annexed hereto as Exhibit “B;” and WHEREAS, the Contract is for a term of one year with an option for the Township to extend the Contract for two (2) additional one-year terms and also provides that Fat Daddy’z will pay to the Township the following percentages of the total sales volume: (i) 21% for 2026; (ii) 23% for 2027; and (iii) 25% for 2028; and WHEREAS, the Contract requires that Fat Daddy’z provide weekly reports to the Township of earnings from the concession stand at the Pool. NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute the Contract, in the form annexed hereto as Exhibit “B,” with Fat Daddy’z for operation of the concession stand at the Ginny Duenkel Pool for the summer 2026 season; and it is further RESOLVED, that the Township Purchasing Agent is hereby authorized and instructed to return to Nijah Culinary Kreations and Mieles Concessions the deposit submitted with the

proposal in response to the RFP based on the award of the Contract to Fat Daddy’z; and it is further RESOLVED that notice of this award shall be published and available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: April 14, 2026 Susan Scarpa Council President

122-26 CONTRACT FOR POOL CONCESSION SERVICES THIS CONTRACT, dated as of the 14th day of April, 2026 between the Township of West Orange, a Municipal Corporation, in the County of Essex, and the State of New Jersey (hereinafter referred to as the “Township”), having its principal offices at 66 Main Street, West Orange, New Jersey; and FAT DADDY’Z, (hereinafter referred to as the “Contractor”), having its principal offices at 1 Lonergane Lane, West Orange, New Jersey 07052. WHEREAS, the Township issued a Request for Proposal (the “RFP”) seeking proposals for a Contract for Food & Beverage Concession at West Orange Ginny Duenkel Pool Season with Option to Extend 2 One-Year Periods (the “Pool Concession Services”), a copy of the RFP is annexed hereto as Exhibit “A;” and WHEREAS, on February 24, 2026, the Contractor submitted a proposal in response to the RFP, annexed hereto as Exhibit “B,” seeking award of the Contract for Pool Concession Services (the “Contract”) with a proposal to pay the Township the following percentages of the total sales volume: (i) 21% for 2026; (ii) 23% for 2027; and (iii) 25% for 2028. WITNESSETH 1. The Contractor hereby covenants and agrees to furnish and deliver to the Township, the Pool Concession Services consistent with the scope of services as set forth in the RFP and the Contractor’s Proposal submitted on February 24, 2026 (the “Proposal”) and that it shall pay to the Township 21% of its total sales volume for providing Pool Concession Services for 2026. 2. The Township shall have the right to extend this Contract for an additional one year period for summer of 2027 whereby the Contractor shall provide the Pool Concession Services for 2027 and that it shall pay to the Township 23% of its total sales volume for providing Pool Concession Services for 2027. 3. The Township shall further have a right to further extend this Contract for an additional one year period for summer 2028, whereby the Contractor shall provide the Pool Concession Services for 2028 and that it shall pay to the Township 25% of its total sales volume for providing the Pool Concession Services for 2028. 4. Contractor shall abide by all terms set forth in the RFP. In the event of any conflicts between the terms and conditions set forth in the RFP and the Proposal, the terms and conditions set forth in the RFP shall govern. 5. Contractor agrees that its shall

P. In the event of any conflicts between the terms and conditions set forth in the RFP and the Proposal, the terms and conditions set forth in the RFP shall govern. 5. Contractor agrees that its shall supply to the Township’s Director of Recreation and the Township’s Purchasing Agent a weekly report of earnings from the snack bar showing the total sales volume for that week. As set forth in the RFP, the week shall run from Saturday through Friday and the reports will be provided no later than Wednesday of the following week.

6. The Contractor acknowledges that it has read N.J.S.A. 10:2-1, et. seq. (Discrimination in Employment on Public Works; contract Provision), the terms of which are incorporated herein as if expressly set forth at length, and the contractor agrees to comply with and be bound by the terms thereof. 7. Insurance Requirements. Throughout the duration of the Agreement, and any extensions and/or renewals thereof, Contractor, at its sole cost, shall maintain insurance within minimum amount of coverage set forth in the bid specifications including general liability insurance with not less than a combined single limit of $1,000,000. 8. Worker’s Compensation Insurance: Throughout the duration of the Agreement, and any extensions and/or renewals thereof, Contractor, at its sole cost, shall maintain Worker’s Compensation Insurance covering employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6. 9. This Contract shall not be assignable by the Contractor. 10. Contractor agrees to indemnify and hold harmless the Township, its agents, servants and employees from and against any and all losses, damage, liabilities, and expenses which may arise or be claimed against the Township, its agents, servants and employees, consequent upon or arising out of or in connection with this Contract. 11. This Contract shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any claim shall be brought in the Superior Court of New Jersey, Essex Vicinage. Each of the Parties hereby irrevocably consents to the service of process of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof to it by regular mail. Each of the Parties hereby irrevocably waives any objection that it may now or hereafter have to the laying of venue of any such claim, suit, proceeding, or action in such respective jurisdictions. 12. If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been contained herein. Each provision of this Agreement shall be valid and enforceable to the fullest

ontinue in full force and effect as if such invalid, illegal, or unenforceable provision had never been contained herein. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is held to be excessively broad, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law. The parties expressly acknowledge and agree that they would have entered into this Agreement regardless of the enforceability of any particular provision. 13. This Agreement, including all exhibits, appendices, and attachments hereto, sets forth the entire agreement between the Public Entity and the other party with respect to the subject matter hereof and supersedes all prior and contemporaneous discussions, negotiations, understandings, representations, warranties, and agreements, whether oral or written, between the parties. All previous drafts, proposals, and communications between the parties relating to

the subject matter of this Agreement are hereby merged into this Agreement. Neither party has relied upon any representation, warranty, or undertaking that is not expressly set forth in this Agreement. The parties acknowledge that there are no terms, conditions, representations, warranties, promises, covenants, or understandings between the parties other than those expressly set forth herein. 14. No modification of this Agreement shall be valid or binding unless the modifications shall be in writing, approved by the Township’s Municipal Council and executed by the Township and the Contractor. 15. No waiver of any term, provision or condition contained in this Agreement or any breach of any such term, provision or condition shall constitute a waiver of any subsequent breach of such term, provision or condition by either party, or justify or authorize the nonobservance on any other occasion of the same, or any other term, provision, or condition of this Agreement by either party. 16. This Contract is effective as of the Township’s adoption of an authorizing resolution by the Township’s governing body. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or caused these presents to be signed by their proper corporate officers, and caused these corporate seals to be affixed hereto. ATTEST: FAT DADDY’Z ______________________________ Name: ______________________________ Name: DARASEN DAVIS ATTEST: TOWNSHIP OF WEST ORANGE _____________________________ KAREN CARNEVALE, R.M.C TOWNSHIP CLERK BY: __________________________ MAYOR SUSAN McCARTNEY

123-26 April 14, 2026 RESOLUTION WHEREAS, on March 9, 2026, sanitary sewage was discovered leaking into the road at Old Short Hills Road (County Route 527) near a sanitary sewer force main; and WHEREAS, the Superintendent of Public Works investigated the leak and notified the Director of Engineering that there was a break in the 8-inch sanitary sewer force main running from the Short Hills Pumping Station to Northfield Avenue creating an immediate threat to the public health, safety and welfare of the affected property owners; and WHEREAS, pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1, in the case of emergencies that affect the public health, safety and welfare, any contract may be negotiated or awarded for the Township of West Orange without public advertising of bids; and WHEREAS, the Municipal Engineer on March 9, 2026 notified the Purchasing Agent of the need for an emergency contract for the performance of immediate repairs; and WHEREAS, to address the emergency, on or about March 9, 2026, Grabowski Construction, Inc. of 770 Northfield Avenue, West Orange, N.J. 07052 was contracted to perform the emergency repair services as not doing so would have negatively affected the public health, safety, and welfare of the affected property owners of the Township of West Orange; and WHEREAS, Grabowski Construction performed the emergency repair services; and WHEREAS, Grabowski Construction, Inc submitted an invoice dated March 11, 2026 for services rendered for the emergency repair and construction of the 8-inch sanitary sewer force main in the amount of $78,499.86; and WHEREAS, the Municipal Engineer by letter dated April 6, 2026 recommends paying the costs of this emergency work; and WHEREAS, the Township is fully compliant with the statutory requirements set forth in N.J.S.A. 40A:11-6; and WHEREAS, sufficient funds exist for this work; and WHEREAS, the Township Council concurs in the foregoing.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange, in the County of Essex, in the State of New Jersey that the emergency contract with Grabowski Construction, Inc. in the amount of $78,499.86, relating to the repair of the sanitary sewer force main at Old Short Hills Road between Hansen Road and Dogwood Drive is authorized pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1; and 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. BE IT FURTHER RESOLVED, that the Mayor, Township Clerk, and other appropriate Township officials are hereby authorized to take any and all required actions to carry out this contract as set forth herein. BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that the funds are available in the budget in the amount of $78,499.86 for the payment of this emergency contract and the lineitem appropriations number to be charged is ___________________. BE IT FURTHER RESOLVED, that the emergency contract with Grabowski Construction, Inc., relating to the sanitary sewer force main repair for Old Short Hills Road is ratified from the date of commencement of the emergency until the date of adoption of this authorizing resolution. BE IT FURTHER RESOLVED, that this Resolution shall take effect pursuant to law. Karen J. Carnevale, RMC, Municipal Clerk Susan Scarpa, Council President Adopted: April 14, 2026 I certify the funds are available for this work. Account No. $78,499.86 John Ditinyak, Chief Financial Officer

123-26 INVOICE BREAKDOWN OWNER: PROJECT NAME: PROJECT ADDRESS DESCRIPTION OF WORK: TOWNSHIP OF WEST ORANGE EMERGENCY REPAIR OLD SHORT HILLS ROAD 94 OLD SHORT HILLS ROAD FORCE MAIN REPAIR R WORK COMPLETED LABORER OPERATOR DATE QTY RATE 3/9/26 7 $ 91.13 3/9/26 1 $ 99.62 LABORER OPERATOR 3/10/26 3/10/26 7 $ 1 $ 91.13 99.62 8 8 4 4 0 $ 0 $ 8,930.88 SERVICE TRUCK & TOOLS 1,394.68 MASON DUMP TANDEM DUMP EXCAVATOR CAT 311 EXTRA BUCKET CAT 311 HYDRAUL PLATE COMPACTOR 2"TRASH PUMP W/ HOSE GAS POWERED GENERATOR ROAD PLATE 1 1 2 1 1 1 1 1 3 LABORER OPERATOR 3/11/26 3/11/26 7 $ 1 $ 91.13 99.62 8 8 3 3 0 $ 0 $ 7,973.98 SERVICE TRUCK & TOOLS 1,245.25 MASON DUMP TANDEM DUMP ROLLER 6 TON 1 1 2 1 32 31 $ LABOR MATERIAL USED DISPOSAL OF ASPHALT PER TANDEM LOAD DISPOSAL OF FILL PER TANDEM LOAD DISPOSAL OF C&D HMA I-4 3/4" CLEAN STONE DGA COLD PATCH HMA I-4 8" HYMAX CPLG 8" DIP CL52 4" SDR35 4X15 ROMAC REPAIR CLAMP TACK COAT - 5 GAL BUCKET OT 8.5 8.5 JOB # QTY UN 1.5 EA 3 EA 1 EA 14 TON 22 TON 65 TON 3 TON 14 TON 2 EA 10 LF 56 LF 1 EA 1 EA MATERIAL DT 0 $ 0 $ EXT. PRICE EQUIPMENT 8,133.65 SERVICE TRUCK & TOOLS 1,270.16 MASON DUMP TANDEM DUMP EXCAVATOR CAT 311 EXTRA BUCKET CAT 311 EXCAVATOR MINI HYDRAULIC HAMMER - MINI 2"TRASH PUMP W/ HOSE GAS POWERED SAW GAS POWERED GENERATOR ROAD PLATE 1 1 2 1 1 1 1 1 2 1 3 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ RATE 33.80 89.30 105.00 133.88 15.75 52.50 49.35 18.38 22.05 17.85 15.75 31.50 89.25 105.00 133.88 15.75 78.75 18.38 17.85 15.75 31.50 89.25 105.00 106.05 HOURS 28,948.60 EQUIPMENT UNIT PRICE EXT. PRICE $ 900.00 $ 1,350.00 $ 699.00 $ 2,097.00 $ 200.00 $ 200.00 $ 75.00 $ 1,050.00 $ 30.00 $ 660.00 $ 30.00 $ 1,950.00 $ 125.00 $ 375.00 $ 75.00 $ 1,050.00 $ 500.00 $ 1,000.00 $ 45.00 $ 450.00 $ 2.00 $ 112.00 $ 326.00 $ 326.00 $ 150.00 $ 150.00 $ QTY SUBCONTRACT DAVID ZUIDEMA INC. SEPTIC GPR ONE CALL TRAFFIC CONTROL POLICE POLICE MARKUP ON LABOR 30% MARKUP ON MATERIAL 20% MARKUP ON EQUIPMENT 0% MARKUP ON SUBCONTRACT 20% MATERIAL COST EQUIPMENT COST SUBCONTRACT COST TRAFFIC CONTROL COST MARKUP ON TRAFFIC CONTROL 0% PRICE TOTAL 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 $ $ $ $ $ $ $ $ $ $ $ EXT.