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HomeMy Public PortalAboutr 22-072die X z> >x e �xzr�t of Tartoxef, No. #22-72 March 24, 2022 11 Date of Adoptia AUTHORIZING THE MAYOR AND /OR APPROPRIATE BOROUGH OPPICIALS TO APPROVE AND EXECUTE A SHARED SERVICES AGREEMENT WITH THE COUNTY OF MIDDLESEX, DIVISION OF SOLID WASTE MANAGEMENT, RE: LITTER PICK UP PROGRAM AGREEMENT IT RESOLVED, by the Mayor and Council of the Borough of Carteret that the ,or and/or the appropriate Borough Officials are hereby authorized to approve and :ute a shared services agreement with Middlesex County Division of Environmental Ith/Solid Waste Management with regard to the Litter Pick Up Program. Adopted this 24oi day of March, 2022 and certified as a true copy of the original on March 25, 2022. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OP COUNCIL VOTE COUNCILMAN YES NO NV A.B. - COUNcHmAN YES NO NV A.B. BELLINO X JOHAL X D7AZ X MA DISCIO X NAPLES X X- Indicate Vote AB- Absent NV -Not Vadng XOR- indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council March 24, 202 ;i 4 num.cipai Cl.ers: DocuSign Envelope ID: 679EDED4- OF2C- 479F- BC54- DAC22CC51904 LITTER PICK UP PROGRAM AGREEMENT Agreement made of this day of , by and between the County of Middlesex, a municipal corporation of the State of New Jersey having an address of Middlesex County Administration Building, John F. Kennedy Square, New Brunswick, New Jersey, 08901, hereinafter referred to as the "County ", and the Borough of Carteret, a corporation of the State of New Jersey, having an address of 61 Cooke Ave., Carteret, New Jersey 07008, hereinafter referred to as the "Municipality." WHEREAS, the County, has undertaken a Clean Communities program (the "Program ") for the residents of the County; and WHEREAS, the Program will be implemented by the County Division of Environmental Health/Solid Waste Management (DSWM) in certain municipalities in the County; and WHEREAS, in order to implement the Program, the County will provide funding to municipalities to pick up litter on County maintained roads; and WHEREAS, the COUNTY and the MUNICIPALITY are authorized to enter into this Agreement, pursuant to Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65 -1, et seq.; and NOW, THEREFORE, in consideration of mutual covenants and conditions between the parties, the sufficiency of which is hereby acknowledged, the County and Municipality hereby agree as follows: 1. The Middlesex County DSWM will provide the Municipality with funding to pick up litter on County maintained roads. 2. The Municipality shall pick up litter in 2021 between May 1 and November 30, 2021. For 2022 and 2023, litter may be picked up any time between March 1 and November 30. 3. The Municipality shall notify the County Public Works Division specifying the dates and locations, and approximate mileage of the roads that will have litter picked up. 4. The County will provide reimbursement to the Municipality for the actual labor cost of each litter pickup event. Documentation including employee names, total hours worked per employee and hourly wage must be submitted to the County. DocuSlgn Envelope ID: 679EDED4- OF2CA79F- BC54- DAC22CC51904 To the County: County of Middlesex DSWM 13 -15 Kennedy Blvd East Brunswick, NJ 08816 To the Municipality: Borough of Carteret Carteret Municipal Bldg 61 Cooke Ave. Carteret, NJ 07008 14. 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. 15. 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 panties as reflected herein and any other provisions of this Agreement, as so amended, shall remain in full force and effect. 16. As provided for in N.J.S.A. 40A:65 -1 et S�Mc . this agreement shall take effect upon the adoption of an approving resolution by the Municipality and an approving resolution by the County. Upon proper execution and attestation of this agreement, the proper officials of each of the parties are hereby authorized and directed to make and perform any and all acts necessary to carry out the purposes of this agreement. DocuSlgn Envelope ID: 679EDED4- OF2C-479F- BC54- DAC22CC51904 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, ATTEST: COUNTY OF MIDDLESEX Docusignea by: DocuSlgnetl by: Ea Kt P r6A 5/23/2022 P�d, Kbs 5/23/2022 my euoee li, Clerk Roo a�c3 ios, County Commissioner Director ATTEST: Carniela Pogorz is i Cley c j �ht OocuSlgned by: v Af%.at Sbretdes) tso,' 53025370BVMA8...