98-24 Signed agreement Reliable (1).pdf

98-24 MANAGEMENT, OPERATION AND MAINTENANCE SERVICE AGREEMENT FOR THE WEST ORANGE RECYCLING CENTER This Agreement for the Management, Operation and Maintenance Services for the West Orange Recycling Center (the “Facility”) is made by and between the Township of West Orange located at the Municipal Building, 66 Main Street, West Orange, New Jersey (herein “Township) and Natures Choice NJ, LLC located at 1106 Millstone River Road, Hillsborough, New Jersey 08844 (“NCNJ”). WITNESSETH WHEREAS, the Township is the owner of real property known as Block 170, Lots 13, 15.3 and 17 on the Tax Maps of the Township commonly known as 590 Mt. Pleasant Avenue, (the “Property”)’ and WHEREAS, the Township utilizes this Property as an integral part of its Recycling Program as it houses the Facility; and WHEREAS, the opcrations conducted at the Facility include the composting of leaves, the processing of vegetative wood waste and operating a recycling convenience center for West Orange residents to dispose of mixed paper, cardboard and commingled containers, and WHEREAS, the Township has sought the services of a firm to operate the Facility for Class B materials, exempt wood, Class C materials, exempt compost and to operate the Facility for mixed paper, cardboard and commingled containers; and WHEREAS, the Township prepared a Request for Proposal for the services entitled “Request for Proposal for Operation of the Township of West Orange Recycling Center” dated December 21, 2023; and WHEREAS, on January 11, 2024, the Township was advised that the Request for Proposal included a discrepancy as to the requirements for a performance bond for the operation of the recycling center that required revision and correction; and WHEREAS, on January 19, 2024, the Township issued a revised Request for Proposal (the “RFP”), annexed hereto as Exhibit “A;” and WHEREAS, on February 7, 2024, the Township received a response to the RFP from NCNJ (the “Proposal’”), annexed hereto as Exhibit “B.” NOW THEREFORE, for valuable consideration, including the promises, covenants, representations and warranties hereinafter set forth, the receipt and adequacy of which are hereby acknowledged, the parties, intending to be legally and equitably bound, agree as follows:

1. NCNJ hereby covenants and agrees to perform the Operation of the Township of West Orange Recycling Center consistent with the terms, conditions, and the scope of services as set forth in the RFP and the Proposal. 2. 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. 3. The NCNJ 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 NCNJ agrees to comply with and be bound by the terms thereof. 4. Neither this Agreement nor the monies to become due hereunder are assignable. 5. The acceptance of payment by the NCNJ shall constitute a release of any claims or liabilities of any nature whatsoever, if any, owing to the NCNJ from the Township, its agents, servants and employees. 6. NCNlJ 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 the within Agreement. 7. This Agreement 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. ATTEST: TOWNSHIP OF WEST ORANGE By: Karen Carnevale, Municipal Clerk Susan McCartney, Mayor

WITNESS: NATURES CHOICE NJ, LLC Weta Vob — , SACL Mathes Vestano (printed name) Steven & Caen Title Pregidem LEO

Performance and Payment Bond Bond No: 873626 KNOW ALL MEN BY THESE PRESENTS, that we, Reliable Wood Products, LLC. | Caven Point Ave., Jersey City. NJ07305, the principal, and Evergreen National Indemnity Company. 6150 Oak Tree Boulevard, Suite 440, Independence, OH 44131, the Surety, are held and firmly bound unto the Township of West Orange, 25 Lakeside Ave., West Orange, NJ 07052 the Obligee, in the penal sum Five Hundred Thousand and 00/100 Dollars ($500,000.00) for the payment of which we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract for the Operation of the Township of West Orange Recycling Center, the above mentioned Obligee, dated the ist_day of October, 2013, which contract is hereby incorporated herein as if fully rewritten NOW, THEREFORE, the condition of the above obligation is such that if the Principal shall promptly and faithfully perform this Contract, including payment for all labor and materials for the purpose of performing said Contract, then this obligation shall be null and void; subject, however, to the following conditions: 1 2. This bond is for the term beginning July 31, 2023 and ending September 30, 2024. If there is no breach or default on the part of the Obligee, then the Surety’s performance and payment obligation under the bond shall arise after: a. The Obligee has notified the Principal and the Surety in writing at their respective addresses of the alleged breach, and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract; and has made available during notice period all books, records, and accounts relevant to the Contract which may be requested by the Principal or Surety. If the Obligee, Principal and Surety agree, the Principal shall be allowed a reasonable time to perform the Contract; but such an agreement shall not waive the Obligee’s right, if any subsequently to declare a Principal default; b. The Obligee has declared the Principal in default and formally terminated the Principal’s right to complete the Contract, provided, however, that such default shall not be declared earlier than twenty (20) days after

declared the Principal in default and formally terminated the Principal’s right to complete the Contract, provided, however, that such default shall not be declared earlier than twenty (20) days after the Principat and the Surety have received the notice as provided in “a” above; and c The Obligee has agreed to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract or to the such contractor as may be tendered by the Surety to the Obligee. d Notwithstanding the foregoing, Surety shall have the option to complete the Contract in accordance with its terms. The Obligee shall notify the Surety immediately of any change orders approved by the Obligee, any changes to the scope of work or to the duration of the Contract, or any increases to the Contract price. The Obligee shall immediately notify the Surety of any liens, levies, attested accounts, or other claims against the Principal of which the Obligee has actual or constructive notice, and no sums paid by the Obligee on account of such liens, levies attested accounts, or other claims without consent of Surety shall reduce the balance of the Contract price. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety of this instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of the bond. The parties hereto expressly acknowledge and agree that no liquidated damages shall be claimed, due or payable by Surety pursuant to this Bond. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate executed by the Surety. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond, In no event shall the liability of the Surety, whether for payment or performance, hereunder exceed the penal sum hereof.

Signed, sealed and executed this 31st day of July, 2023. Reliable Wood Products, LLC Evergreen National Indemnity Company Principal Surety ¢ _ , (2a By: Saiz By_Zutu KL Aouirn— Stevan #. Carn PesiceaT J Sulie K Bowers, Attorney-In-Fact WOR Qu Witness: wimess:y Q/ZU Obl MN thes Vas tans Denise M Borow

EVERGREEN NATIONAL INDEMNITY COMPANY Independence, Ohio POWER OF ATTORNEY Bond No. 873626 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Julie K Bowers, Denise M Borowy, Hilarie Frankenberry, Karen M Loconti-Diaz, Lillian Pezzano, Patricia A Temple its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal ard deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed FIVE MILLION AND 00/100 DOLLARS ($5,000,000.00) This Power of Attorney is granted and is signed by facsimile pursuant te the following Resolution adopted by its Board of Directors on the 23rd day of July, 2004: “RESOLVED, That any two officers of the Company have the authority tomake, execute and deliver a Power of Attorney constituting as Attorney(s)- in-fact such persons, firms, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any Certificate relating thereto by facsimile; and any such Power of Attorney of certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such powers so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which itis attached." IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 1st day of April, 2022 EVERGREEN NATIONAL INDEMNITY COMPANY NO $ 7 - seeys\ y: {3 \SEAL) § Matthew T. Tucker , President Sey - Ps : C —_ By: c David A. Canzone, CFO Notary Public) State of Ohio) ss On this 1st day of April, 2022, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Matthew T. Tucker and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the

ed, personally came Matthew T. Tucker and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, | have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written Julie K Bowers ade K Sw ie aoe Julie K Bowers. Notary Publi sap Julie K. Bowers, Notary Public My Commission Expires August 13, 2024 Augest 13, 22 State of Ohio ) ss: |, the undersigned, Secretary of the Evergreen National indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. Signed and sealed in Independence, Ohio, this 31st day of July, 2023 VAC Wan C. Collier, Secretary

State of New Jersey Department of Banking and Insurance CERTIFICATE OF AUTHORITY Date: May 02, 2023 NAIC Company Code: 12750 THIS IS TO CERTIFY THAT THE EVERGREEN NATIONAL INDEMNITY COMPANY, HAVING COMPLIED WITH THE LAWS OF THE STATE OF NEW JERSEY, AND ANY SUPPLEMENTS OR AMENDMENTS THERETO WITH RESPECT TO THE TRANSACTION OF THE BUSINESS OF INSURANCE, IS LICENSED TO TRANSACT IN THIS STATE UNTIL THE Ist DAY OF MAY, 2024, THE LINES OF INSURANCE SPECIFICALLY DESIGNATED BELOW: 01 - Fire and Allied Lines 11 - Other Liability 13 - Fidelity and Surety 16 - Glass 05 - Inland Marine 07 - Automobile Liability Bodily Injury 08 - Automobile Liability Property Damage 09 - Automobile Physical Damage MARLENE CARIDE COMMISSIONER OF BANKING AND INSURANCE

Evergreen National Indemnity Company Certificate 2022 The following financial information was obtained from the Statutory Annual Statement filed by Evergreen National Indemnity Company with the Ohio Department of Insurance. Direct Written Premium Reinsurance Assumed Reinsurance Ceded Net Written Premium Change in Unearned Net Eamed Premium Losses & LAE Incurred Net Commission Expense Other Expenses Underwriting Gain/ (Loss) ‘Net Investment Income Net Realized Capital Gains (Loss) Other Income/ (Expense) Income Before Federal Income Tax Net Income Invested Assets Uncollected premium and agents’ balances Reinsurance Recoverable Other Assets Toiai Assets Liabilities & Surplus Uneamed Premium Reserve Loss & LAE Reserves Ceded Reinsurance Payable Amounts retained for others Other Liabilities Total Liabilities Surplus Total Liabilities & Surplus Statement of Income Balance Sheet 37,465,662 2,510,439 (23,071,703) 16,904,398 (87,859) 16,816,539 3,514,447 6,711,258 4,392,816 2,198,018 2,209,785 130,133 053 4,583,989 778,092 3,805,897 60,331,980 1,322,166 227,141 280,277 62,161,564 7,469,996 6,623,014 2,738,823 1,607,393 2,731,838 21,171,064 40,990,500 62,161,564 U hereby certily that the above information is that contained in the Statutory Annual Statement filed by Evergreen National Indemnity Company with the Ohio Department of Insurance for the year ending December 31, 2022, ee DaviffA. Canzone, Treasurec_—