Township Council Meeting - Wednesday — Packet

14. Stray domestic animals, including feral cats outside of a residence shall be handled by the Provider. Traps are available from the Provider with a deposit of Sixty- five ($65.00) Dollars. Dog traps are also available with a deposit of One Hundred and Twenty-five ($125.00) Dollars. Traps are not to be set on weekends or nights or with poor weather (rain, snow, extreme cold or heat above 90 degrees. 15. Recipient will be charged an additional boarding fee of Fifteen ($15.00) Dollars per day for any animals brought to the Provider who are involved in litigation and cannot be released to their owners. 16. The Recipient shall hold harmless, indemnify, defend, and release Provider and their members, directors, officers, employees, agents, contractors, successors and assigns from and against all suits, liabilities, penalties, costs, losses, damages, expenses, or claims, including without limitation, reasonable attorneys fees arising from or in any way connected with the Provider’s performance, attempted performance, or failure to perform in connection with this Agreement or other activities as described in this Agreement, including, but not limited to, any injury to or the death of any person or any damage to any property resulting from any act, omission, condition, or otherwise related to this agreement, regardless of cause. 17. Pursuant to N.J.S.A. 40A:65-4(b), recipient shall file this Agreement, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs, together with an estimate of the cost savings anticipated to be achieved by recipient. 18. Either the Provider or Recipient may terminate this Shared Services Agreement by providing: (i) sixty (60) days written notice sent via Certified Mail-Return Receipt Requested; (ii) accompanied by a Resolution adopted by the governing body authorizing termination of this Shared Services Agreement; and (iii) if termination by the Recipient payment for all outstanding fees due to Provider up to the termination date set forth in the written notice. Upon the termination or expiration, all rights and obligations between the Parties under this Shared Services Agreement shall cease and be deemed null and void. 19. INSURANCE. At all times during the term of this Agreement, Recipient shall maintain all state mandated insurance

er this Shared Services Agreement shall cease and be deemed null and void. 19. INSURANCE. At all times during the term of this Agreement, Recipient shall maintain all state mandated insurance and must maintain a general liability policy with respect to the services to be performed under this Agreement of at least one million dollars per occurrence and shall name Provider as an additional insured, and will deliver to Provider a certificate of insurance prior to the commencement of services. Recipient shall further maintain appropriate insurance as to its own actions relative to this Agreement. 20. TERM. This is a three (3) year Shared Services Agreement, and the Parties agree to be bound by the provision of Schedule A attached hereto and made a part hereof.

21. SEVERABILITY. 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 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. 22. ENTIRE AGREEMENT (MERGER). 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. 23. MODIFICATIONS (NONWAIVER). No amendment, modification, waiver, or other change to any provision of this Agreement shall be effective unless specifically set forth in a writing titled "Amendment to Agreement" that expressly identifies the provision(s) being amended and is signed by authorized representatives of both parties. No course of dealing, delay, or failure to enforce any provision of this Agreement shall constitute an amendment, modification, waiver, or continuing waiver of such provision or any other provision of this Agreement. Email exchanges, text messages, or other electronic communications, regardless of content, shall not constitute a signed

r continuing waiver of such provision or any other provision of this Agreement. Email exchanges, text messages, or other electronic communications, regardless of content, shall not constitute a signed writing for purposes of modifying this Agreement. The parties acknowledge that this provision is essential to maintain clarity and certainty in their contractual relationship and to protect the interests of the Public Entity as required by New Jersey law. BOROUGH OF ESSEX FELLS TOWNSHIP OF WEST ORANGE RECIPIENT PROVIDER BY:______________________ BY:______________________ MAYOR MAYOR ATTEST:_____________________ ATTEST:_____________________ BOROUGH CLERK TOWNSHIP CLERK

SCHEDULE A ADDENDUM TO ANIMAL CONTROL SERVICES CONTRACT BETWEEN THE TOWNSHIP OF WEST ORANGE, PROVIDER, AND THE BOROUGH OF ESSEX FELLS, RECIPIENT. 1. The Borough of Essex Fells will indemnify and hold harmless the Township of West Orange with reference to any cause of action resulting from or arising out of any act or conduct by the Animal Control Officers when said act or conduct is solely and exclusively for the performance of his duties and obligations to the Borough of Essex Fells pursuant to the terms and conditions of this Contract. In the event the Township of West Orange receives notification of any cause of action or claim which it contends arises out of the employment by the Borough of Essex Fells of the services of the Animal Control Officers pursuant to the terms of this Contract, said notification shall be made promptly to the Borough of Essex Fells by directing same to the Mayor and Business Administrator. 2. The Borough of Essex Fells shall indemnify and hold harmless acts, conduct or services of the Animal Control Officers when said individuals are acting solely and exclusively for the Borough of Essex Fells provided that said acts, conduct or services arise out of and are in the scope and duties of the Animal Control Officer’s employment. It is the intent of this provision that the Animal Control Officers shall conduct themselves pursuant to general principles, obligations, duties and responsibilities governing the general nature and standards of Animal Control services recognized throughout the State of New Jersey.

2968-26 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, SECTION 9.13, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE BANNING “POP-UP” PARTIES 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, 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 WHEREAS, the Township desires to amend Chapter 25, Article I, Section 9.13, of the Revised General Ordinances of the Township of West Orange banning “pop-up” parties to define and clarify the penalties for violations of Section 9.13, and to remove language that was inadvertently included in Section 9.13, that should have only been incorporated by reference. NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, as follows: SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. Section 9.13 “Pop-Up Parties” of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows: Note: Additions are shown in bold and underline and deletions are shown as strikethrough. a. Scope and purpose. The Township of West Orange (the "Township") has received numerous complaints from residents in various neighborhoods throughout the Township regarding parties, events, and/or gatherings wherein the attendees of the events have purchased tickets or wristbands for entry into residential homes within the Township. The purpose of this subsection is to provide recourse for the Township if such "pop-up" parties (defined herein) occur in the future and to put the public on notice that the same are prohibited as a health and safety concern for

on is to provide recourse for the Township if such "pop-up" parties (defined herein) occur in the future and to put the public on notice that the same are prohibited as a health and safety concern for the general welfare of the public. 1

b. Definitions. ADVERTISEMENT Shall be defined for the purposes of this subsection to include the creation of any flyer, social media posting, text message, or other form of electronic or other communication soliciting guests to a residential home for payment of any amount. POP-UP PARTY(IES) Shall be defined as a party including any event and/or gathering occurring in a residential home, apartment or other location (excluding commercial establishments such as licensed restaurants, bars, or other event halls where such activity is permitted) whereby the owner, occupant and/or operator of the residence solicits or advertises the use of their residence for an event, party, or gathering and where the guests are subject to payment for tickets, wristbands, or other mode of entry into the residence, or for food, alcoholic or non-alcoholic beverages. c. Prohibitions. 1. Any person, owner, occupant, or operator of a residence located in the residential zoning district of the Township of West Orange shall be prohibited from advertising or otherwise soliciting monies for entry into their home, food, or beverages to attend any pop-up party as defined herein. 2. Any person who rents or otherwise loans their property in the residential district of the Township of West Orange to a person for a pop-up party is in violation of this subsection. 3. Any person who creates, submits, publicizes or otherwise posts an advertisement for a pop- up party shall be considered in violation of this subsection and the same shall be considered a separate violation under this subsection, subject to the penalties provided for herein. 4. Exemptions: Activities, gatherings, or other events that may constitute a pop-up party under this subsection shall be exempted where the proceeds for the same shall be used for any bona fide charitable organization licensed in the State of New Jersey and/or for political contributions to any bona fide local, state, or federal campaign which has been properly registered with the appropriate authority. d. Enforcement. The Township Police Department, the Township Health Department, the Township Zoning Official, the Township Fire Department, their agents, employees, officers, or assigns shall have the power to enforce

he Township Police Department, the Township Health Department, the Township Zoning Official, the Township Fire Department, their agents, employees, officers, or assigns shall have the power to enforce the provisions of this subsection. e. Penalties. Each violation of any provision of this subsection shall carry a penalty of one or more of the following: a fine not exceeding $2,000.00 or imprisonment for a period not exceeding 90 days; or a period of community service for a period not exceeding 90 days. All 2

penalties for violation of any provision of this subsection shall be governed by the provisions of § 1-5.1 et seq. of the Revised General Ordinances of the Township of West Orange. f. Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection. g. Repealer. All other ordinances or parts of ordinances inconsistent with this subsection are hereby repealed. h. Effective date. This subsection shall be in full force and effect from and after its adoption and any publication as required by law. SECTION 2. Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection. SECTION 3. Repealer. All other ordinances or parts of ordinances inconsistent with this subsection are hereby repealed. SECTION 4. Effective date. This subsection shall be in full force and effect from and after its adoption and any publication as required by law. NOTICE NOTICE IS HEREBY GIVEN, that the above Ordinance was introduced and passed on first reading at the regular meeting of the Township Council of the Township of West Orange, County of Essex, State of New Jersey held in the Municipal Building on the 24th day of March, 2026, and the same came up for final passage at the regular meeting of the Township Council held on the day of , 2026, at which time, after persons interested were given the opportunity to be heard concerning said Ordinance, the same was passed and will be in full force and effect in the Township of West Orange after approval by the Mayor or in accordance with law. Susan McCartney, Mayor Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Municipal Clerk