Conference/Public Meeting Agenda/Documents — Packet

189-12 October 2, 2012 RESOLUTION WHEREAS, AFSCME Council 52 Local 3476 (“Non-Supervisory Union”) serves as the collective bargaining unit for the Department of Public Works and other non-uniform/non-Supervisory employees of the Township of West Orange; and WHEREAS, the Union has asserted various claims and entered into collective bargaining negotiations with the Township of West Orange; and WHEREAS, the Union and Township have participated in numerous formal and informal meetings; and WHEREAS, the proposed Memorandum of Agreement has been negotiated and recommended by the Township. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute a copy of the annexed Memorandum of Agreement concerning all economic and non-economic contractual issues for the years 2010, 2011, 2012, and 2013. Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President Adopted: October 2, 2012

MANAGEMENT, OPERATION AND MAINTENCE SERVICE AGREEMENT FOR THE WEST ORANGE RECYCLING CENTER AND COMPOSTING FACILITY This Agreement for the Management, Operation and Maintenance Services for the West Orange Recycling Center and Compost Facility (the “Facility”) is made by and between the Township of West Orange located at Municipal Building, 66 Main Street, West Orange, New Jersey (herein “Township”) and Reliable Wood Products, LLC located at One Caven Point Road, Jersey City, New Jersey (“Reliable”). WITNESSETH WHEREAS, the Township is the owner of real property known as Block 170, Lots 13, 15.03 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 operations 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 desires 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 “Operation of the Township of West Orange Recycling Center for Class B, Exempt Woods, Class C Exempt Compost Operation and the Recycling Convenience Center” dated July 2008 (the “Request for Proposal”) annexed hereto as Exhibit “A”; and WHEREAS, on August 26, 2008, the Township received a response to the Request for Proposal from Reliable, which is annexed hereto as Exhibit “B”; and WHEREAS, the Director of Public Works, along with the evaluation committee reviewed Reliable’s proposal and found same to be responsive and recommended that a contract be awarded to Reliable; and WHEREAS, by Resolution EOL adopted September oo 2008, the Township Council of the Township authorized a contract to be awarded to Reliable for the management, operation, and maintenance services in accordance with the Township’s Request for Proposal;

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. Term - the term of this Agreement shall commence on October 1, 2008 for a three (3) year period with the option to renew for two (2) additional one (1) year periods. The Township will notify Reliable at least 120 days prior to the expiration of the three (3) year period or the first one year extension if it desires to exercise the option to renew for an additional one year period. 9 Rent = Reliable shall pay to the Township tent-for the use-and occupancy. of = the Facility at the rate of $90,000 annually or $7,500 per month. This rate shall apply for the initial three year period and the two optional one year periods. 3, Other Provisions - This Agreement between Reliable and the Township is subject to all terms and conditions contained in Exhibit “A” entitled “Township’s Request for Proposal dated July 2008”, Exhibit “B” entitled “Reliable’s Response to the Township’s Request for Proposal dated August 26, 2008” and Reliable’s Detailed Site Improvement Plan dated July 2008, which are attached hereto and incorporated herein in full as though Set forth in verbatini and as if they were fully reiterated in the body of this- Agreement. 4. Notice - Any notices required hereunder to the Township shall be hand delivered or mailed by certified first-class postage prepaid mail to the Municipal Clerk, Township of West Orange, New Jersey 07052 or such other address as the Township may designate in writing to Reliable. Any notice required hereunder to the Reliable shall be hand delivered or mailed by certified first-class postage prepaid mail to the Reliable Wood Products, LLC, One Caven Point Avenue, Jersey City, New Jersey 07305 or such other address as Reliable may designate in writing to the Township. 5. Captions - The captions appearing in this Agreement or of any copies thereof are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this Agreement nor in any way affect this Agreement. 6. Governing Law - This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to conflicts of

tent of this Agreement nor in any way affect this Agreement. 6. Governing Law - This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to conflicts of law principles. The parties consent to the personal and subject matter jurisdiction of the Superior Court of New Jersey for resolution of any and all claims arising out of or in connection with this Lease.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: TOWNSHIP OF WEST ORANGE Lhe Chum Phar’ By: ha E f leh ign Joanne Behar, Deputy Municipal Clerk a F. McKeon, Mayor RELIABLE WOOD Wie By: Vb WE i Nidholas Vene, Managing Member

\ Request for Proposal a“ Operation of the Township of West Orange Recycling Center 590 Mt. Pleasant Avenue West Orange, New Jersey For Class B, Exempt Woods Class C, Exempt Compost Operation And the Recycling Convenience Center July 2008 The Township of West Orange Leonard R. Lepore, Director Department of Engineering and Public Works Division of Public Works 25 Lakeside Avenue West Orange, New Jersey 07032 973-325-4160

Request for Proposal Operation of the Township of West Orange Recycling Center 590 Mt. Pleasant Avenue West Orange, New Jersey For Class B, Exempt Woods Class C, Exempt Compost Operation And the Recycling Convenience Center Section 1.0- General Instructions 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Ll 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 General Description Preparation of Proposal Authorization to do Business in New Jersey Qualifications Familiarity with the Work Interpretation of Documents Cause of Rejection Award of Execution of Contract Insurance Bid Proposal Security Consent of Surety, Performance and Payment Bond Contract Documents - Operations and Marketing Proposal Form Compliance with New Jersey Prevailing Wage Act Disputes Under Contract Affirmative Action Requirements Historical Recycling Quantities Site Improvement Plan Section 2.0- Technical Information Definitions Scope of Work~ Overview and Summary Site Conditions Administration of Contract Hours of Operation Site Access by the Township and its Agents Acceptable Materials Prohibited Materials Sources of Materials Fees Charged to Users Marketing of Recyclable Materials Permits Materials to Township On Site Improvements and Site Preparation Work to be Performed Utilities Accident Reporting

2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 Record Keeping Regulatory Oversight by West Orange Liquidated Damages : Annual Reporting of Recycling Convenience Center Activity Changes to Operating Procedures Termination Operator Non- Performance Performance Bond and Insurance Section 3.0- Proposal Document 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 Section 4.0- Facility Site Plan Improvements and Conceptual Layout Respondent Disclosure Form Affidavit of Authorization for Contract Moral Integrity Affidavit for Contract Non-Collusion Affidavit Subcontractor Use Form Experience Statement Qualifications of Personnel Equipment List Consent of Surety Affirmative Action Requirements Proposal Form ~ Respondent Proposal Form Disclosure of Violation Form Disclosure of Political Contributions Registrations and Certificates

SECTION 1.0 GENERAL INSTRUCTIONS

‘e) 1.01 1.01.1 1.01.2 1.02 1.02.1 1.02.2 “oné (1) year periods: Section 1.0- General Instructions General Description The Township of West Orange has issued this Request for Proposal (RFP) for the following Contract: Operation of the Township of West Orange Recycling Center 590 Mt. Pleasant Avenue West Orange, New Jersey For Class B, Exempt Woods Class C, Exempt Compost Operation And the Recycling Convenience Center The purpose of this Request for Proposal (RFP) is to solicit proposals from firms interested in the Operation of the Township of West Orange Recycling Center in accordance with all the applicable federal, state, county and Township regulations, New Jersey Department of Environmental Protection Regulations and all requirements set forth in this Request for Proposal (RFP), for a three (3) year contract period commencing October 1, 2008 with options to renew for two additional Preparation of Proposal Proposal for the above referenced Contract will be received by the Township of West Orange, on Tuesday, August 26, 2008 at 3:30 P.M., Local Prevailing Time, in the Council Chambers, 66 Main Street, West Orange. Three copies shall be submitted. One packet shall contain original documents. The Proposal shall be as specified herein. [f the Proposal is made by a company or partnership, the Respondent’s Disclosure Statement shall be signed by all general partners and others having a beneficial interest of ten (10%) percent of more. If made by a corporation (Joint Venture, Associated Firms, Etc.) the Respondent’s Disclosure Statement shall be signed by a corporate officer and witnessed by the Corporate Secretary or a Notary Public. Corporations shall affix their corporate seals to the Respondent’s Disclosure Statements. If made by an individual, it shall be signed by that individual. If made by a limited liability company or partnership, the names and addresses of all members and partners shall be disclosed.