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HomeMy Public PortalAboutr 19-180�e0o ution of the 190rough of Tar #ere #, N. No. 19 -180 Date of Adoption November 7, 2019 AUTHORIZING THE MAYOR TO EXECUTE THE CFC/HCFC SUBSIDY AGREEMENT BETWEEN MIDDLESEX COUNTY AND THE BOROUGH OF CARTE RET BE IT RESOLVED, by the Mayor and Council of the Borough of Carteret that the Mayor and the appropriate Borough Officials are hereby authorized to execute the CFC/HCFC Agreement with Middlesex County. Adopted this T° day of November, 2019 and certified as a true copy of the original on November 8, 2019. CARMELA POGORZELSKI Acting Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NY A.B. BELLINO X JOHAL X DIAZ X KRUM X DIMASCIO X NAPLES X X - Indicate Vote An - Absent NV - Not Voting XOR- Indicates Vole to Overn le Veto Adopted at a meeting of the Municipal Council Pt November 7, 2019 n i L , x`rrrmn nnmrr rn A - �dn` 4� Board of Chosen Freeholders - Letter Board Meeting of December 19, 2019 File Number: 19- 1727 -R Authorize The Execution Of Agreements With Various Municipalities Re: CFC (Chlorofluorocarbons) And HCFC (Hydrochlorofluorocarbons) Recovery Program From January 1, 2020 Through December 31, 2024 WHEREAS, pursuant to N.J.S.A. 40A:11 -5(2), any contract may be made or awarded to, inter alia, a municipality without public advertising for bids or bidding therefore; and WHEREAS, Middlesex County has instituted a program to recover chlorofluorocarbons (CFCs) and HCFCs (Hydrochlorofluorocarbons) from discarded residential appliances which municipalities amass; and WHEREAS, the County desires to provide financial incentives to municipalities to recover CFCs and HCFCs; WHEREAS, an agreement has been prepared with various Municipalities to effect such action as follows: Carteret Cranbury East Brunswick Edison Highland Park Jamesburg Monroe New Brunswick Piscataway South Plainfield NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Middlesex that the county shall be and is hereby authorized to enter into the attached agreements with the various municipalities for the recovery of CFCs and HCFCs from discarded residential appliances from January 1, 2020 through December 31, 2024; BE IT FURTHER RESOLVED that the Director of this board shall be and is hereby authorized to execute said agreements on behalf of the County of Middlesex and the Clerk of this Board shall be and is hereby directed to attest said agreement and affix thereto the corporate seal of the County of Middlesex; BE IT FURTHER RESOLVED that the obligations of the County shall be subject to the extent of funds available in the 2020, 2021, 2022, 2023, 2024 Temporary Operating Budgets and the adoption of the 2020, 2021, 2022, 2023, 2024 Final Operating Budgets; BE IT FURTHER RESOLVED that the Clerk of this Board shall forward certified copies of this resolution to the various municipalities listed above. 1 u sppe Fruit!, CFO 12/5/2019 Generated December 31, 2019 Page 2 Board of Chosen Freeholders - Letter Board Meeting of December 19, 2019 Approved as to form and legality AleU-a , G C o y Counsel 12/10/2019 lder 12/20/2019 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Blanquita B. Valenti, Freeholder SECONDER: Charles E. Tomaro, Freeholder Deputy Director AYES: Leslie Koppel, Kenneth Armwood, Charles Kenny, Shanti Narra, Charles E. Tomaro, Blanquita B. Valenti, Ronald G. Rios I, Amy R. Petrocelli, Clerk of the Board of Chosen Freeholders of the County of Middlesex and State of New Jersey, do hereby certify that the above is a true copy of a resolution adopted at a meeting of the Board held on December 19, 2019 Am R. Petro :III, Cle k of the and 12 Generated December 31, 2019 Page 3 CFC/HCFC Subs' A reement �® by and between the day of ec2w��e Agreement made of this 1 Y County of Middlesex, a municipa cor p o ration of the State of NeSwu eeseNle Bg e nswi kNew County Administration Building, John F. Kennedy fl Jersey, 08901, hereinafter referred to as the "County" and the Middlesex of Carteret, a corporation s of Carteret Municipal Bldg, Cooke Ave., Carteret, of the State of New Jersey, having an addres New Jersey 07008, hereinafter referred to as the " Municipality." WITS WHEREAS, Middlesex County is proactive in addressing environmental issues such as the depletion of the ozone layer; and (CFCs) and Hydrochlorofluorocarbons WHEREAS, chlorofluorocarbons of white goods including (HCFCs) are one of the manmade c hemicals ive November a r e 17 kno wn , 007 t ecycl ngzone depletion; an o cause WHEREAS, effect those that contain CFCs/HCFCs is mandatory in Middlesex Cou seeking. fi nancial incentive that will assist WHEREAS, the County is municipalities in properly capturing CFCs/HCFCs from residentially discarded appliances that they collect curbside or at their drop -off centers; and s WHEREAS, the County and Municipality are authorized to enter into this Agreement pursuant to N.7_S•A•. 40A:11 -5(2); NOW, THEREFORE, in consideration of mutual c ovenants than Counditiand be the parties, the sufficiency of which is hereby acknowledged Municipality hereby agree as follows: ro erl ide a subsidy of up to 100% of t h e cos of each p P Y 1. The County shall prov documented CFC /HCFC recovery from a residential appliance assuming the below conditions are O f properly performed documented CFC/HCFC recoveries met. There is no limit on the number of this agreement for the municipality. Annual funding that will be covered during the term n determination of the percentages will be established upo amount of available funding; funding notices will be mailed to the municipality in January of each year. 2. The Municipality shall select a vendor(s) who employs a persons) who is trained to recover CFCs /HCFCs. The Municipality will be provided with a list of "preapproved" vendors 1 and may select from that list or choose another authorized party. Vendors not on the County list must be approved by the County before any subsidy is paid. Preapproved vendors will be selected by the County based upon their compliance with Section 608 of the Federal Clean Air Act — Refrigerant Recycling Rule (40 C.F.R. § 82.150 et seq.). The County will examine whether the vendor's employees are properly trained and if applicable, certified to perform CFC /HCFC recoveries, and that documentation supporting that the CFCs/ HCFCs recovered by the vendor are sent to a USEPA certified reclaimer. In addition, the County reserves the right to visit the vendor's facility(ies) to verify their CFC/HCFC recovery process including but not limited to, the equipment the vendor utilizes to recover the CFCs/ HCFCs. 3. The Municipality shall follow the regulations set forth in N.J.A.C. 7:26A -5.1, and not utilize any improper handling or trucking methods /procedures that could cause the discarded appliance to discharge CFCs /HCFCs into the open air. 4. The Municipality shall provide to the Middlesex County Division of Environmental /Solid Waste Management (DSWM) on a quarterly basis, an invoice with proper supporting documentation indicating the vendor, number of appliances from which CFCs/HCFCs were recovered, and CFC /HCFC recovery cost per unit. The DSWM will then review this documentation and arrange for the appropriate amount of reimbursement. 5. The Municipality shall hold harmless and save, protect and indemnify, the County, and its respective officials, members, agents and employees from any damages, suits, or claims for damages to persons or property which arise out of the actions or failure to act of the Municipality and /or its employees or agents in carrying out the provisions of this Agreement. 6. This Agreement shall be for a five -year (60 month) period commencing on January 1, 2020 or for such shorter period as may be dictated by the exhaustion of available funds. Any party may terminate this Agreement by providing a thirty (30) day written notice to the other parties hereto. 7. Merger Clause. This Agreement constitutes the entire Agreement and understanding between the parties in relation to its subject matter, and supersedes all previously and contemporaneous agreements, understandings, representations and warranties between the parties. 2 a 8. Modifications. The terms and conditions in this Agreement, including any schedules herein or attached hereto, may be modified at any time by mutual agreement of the parties in writing duly signed by their authorized representatives. 9. Notices. Any notice or consent required or permitted hereunder shall be in writing and shall be delivered to the other party by registered or certified mail, return receipt requested, overnight mail, and addressed to the party as set forth below or to such other address as said party may have specified by notice given in writing to the other party: To the County: County of Middlesex DSWM 13 -15 Kennedy Blvd East Brunswick, NJ 08816 To the Municipality: Borough of Carteret Carteret Municipal Bldg Cooke Ave. Carteret, New Jersey 07008 10. Governing Law. This agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of New Jersey. The Parties further agree that any and all claims arising under this Agreement, or related thereto, shall be heard and determined either in the courts of the State of New Jersey with venue in the Middlesex County vicinage or in the federal courts located in New Jersey, as appropriate. 11. Severability. In the event that any provision of this Agreement, for any reason, shall be determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments to this Agreement or to such other appropriate actions as, to the maximum extent practicable in light of such determination, shall implement and give effect to the intentions of the parties as reflected herein and any other provisions of this Agreement, as so amended, shall remain in full force and effect. 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers and have their proper seals affixed, the day and year first above written. ATTE T: y etrocelli, Clerk COUNTY�Oy MIDDLESEX i / Z l— Ronald G. Rios, Freeh "lder Director FORM AND LEGALITY