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Home My Public Portal Aboutr 05:035 ~cznlutinu n£ tJrc ~¡Jrnugq n£ é!Iadcrd, ~.. JJ.. No 05-35 I Date of Adoption January 13, 2005 AUTHORIZING CFC RECOVERY REIMBURSEMENT PROGRAM INTERLOCAL SERVICES AGREEMENT WITH THE COUNTY OF MIDDLESEX WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8A-I et seq., encourages counties and municipalities to enter into interlocal contracts for the joint provision of services in order to effectuate economies in government costs to help reduce local property taxes; and provides legal authority and procedures to effectuate such agreements; and WHEREAS, the County of Middlesex (the "County") and the Borough of Carteret (the "Borough") are desirous of entering into such an Interlocal Services Agreement providing for a subsidy from the County of up to 75% of the cost of each properly documented chlorofluorocarbon (CFC) recovery from a residential appliance, such as refrigerators and air conditioners; and WHEREAS, the CFC Recovery Reimbursement Program is a program initiated by Middlesex County, through the Division of Solid Waste Management to assist municipalities in providing for an environmentally safe means of removing CFC's and other ozone depleting compounds fÌ'om discarded residential appliances; and WHEREAS, the County and the Borough are authorized to enter into the above described agreement pursuant to NJ.S.A. 40A:II-5(2); and WHEREAS, in accord with NJ.S.A. 40:8A-4, said proposed contract is available and open to public inspection at the office of the Carteret Municipal Clerk, Carteret Municipal Building, 61 Cooke Avenue, Carteret, New Jersey, between the hours 9:00 a.m. and 4:00 p.m. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Carteret as follows: I. The proposed CFC Recovery Reimbursement Program Interlocal Services Agreement between the County of Middlesex and the Borough of Carteret, for a three (3) year period commencing on January 1, 2005 is hereby approved. 2. The Mayor and Borough Clerk are hereby authorized to execute the proposed Interlocal Services Agreement. NO. 05-35 PAGE 2 of 2 3. The Borough Clerk shall forward a certified copy of this Resolution along with three officially executed copies (including official signatures and municipal seal) of the CFC Recovery Reimbursement Program Interlocal Services Agreement to the County of Middlesex, Department of Planning, Division of Solid Waste Management, 100 Bayard Street 2nd Floor, New Brunswick, NJ 08901. Adopted this 13th day of January, 2005 And certified as a true copy of the Original on January 14, 2005. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk LINDA A RIVERA, ASSISTANT MUNICIPAL CLERK RECORD OF COUNCIL VOTE ~- COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X NAPLES X --- DTAZ X ~_ RIOS X -- !-~ _.KRUM X 5.JTARZ X ---- ..L-.. X - Indicate Vote AS - Absent NY - Not Voting XOR . Indicates Vote 10 Overrule Vcto CD .-.--.-. Adopted at a meeting of the Municipal Council ~ January 13, 2005 ~./1-¿ r-MA~"L/ ~ CLERK C/ - David B. C~~iel Frtieholder Director <Ii ~~~ COUNTY OF MIDDLESEX DEPARTMENT OF PLANNING DIVISION OF SOLID WASTE MANAGEMENT 100 BAYARD STREET, 2ND FLOOR NEW BRUNSWICK, N.J. 08901 CAMILLE FERNICOLA Chairperson, Committee of Engineering and Planning Stephen ;..I. Dalina Deputy Director GEORGE M. VERVERIDES, A.LC.P., P.P. Director of County Planning Jane Z. Brady Camille Fernicola H. James Polos John Pulomena Christopher D. Rafano Freeholders RICHARD J. HILLS Division Head TEL: (732) 745·4170 FAX: (732) 745-3010 e-mail: solidwaste@co.middlesex.nj.us December 6, 2004 Mayor Daniel J. Reiman Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 Re: CFC Recovery Reimbursement Program QJ/ " Dear Mayor Reiman: On January 1, 2002 Middlesex County, through the Division of Solid Waste Management, embarked upon a new program to partially fund the proper removal of chlorofluorocarbons (CFCs) and other ozone depleting compounds from household appliances such as refrigerators and air conditioners. CFCs are coolants that can damage the ozone layer if discharged into the atmosphere. Federal and State laws prohibit the release of CFC refrigerant into the air. At that time, the County began providing partial funding for up to a 3-year period to municipalities for each appliance from which CFCs are properly recovered. Municipalities were required to properly collect the appliances so as to not inadvertently discharge the CFCs, use an approved vendor to recover the CFCs and provide documentation of the CFC recovery. As the current agreement is due to expire December 31, 2004 we are offering your town the opportunity to continue in this program. To that extent, enclosed are four (4) copies of the interlocal service agreement covering the CFC Recovery Reimbursement Program. If acceptable, all 4 copies must be officially executed (official signatures, municipal seal and a copy of the ordinance or resolution authorizing the execution of the agreement) and returned to us so that the Board of Chosen Freeholders may approve and execute same. Thereafter, a fully executed copy will bc returned to your municipality along with a package of instructions on how to submit a properly documented reimbursement rcquest. Please contact Fred Stanger, Carole Tolmachewich, or me if you have any questions regarding this program. Thank you. 'è ... RJH/oyc "C". .'. c-' cc: Sally Mesler, Recycling C~~- ì '\is 10>-- -S c: ... ..> .--., ,/'..--, ,- Agreement made of this /37'/:- day of '-P-l~ú6L? ,é" -~. , 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. Keunedy 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 Avenue, Carteret, New Jersey 07008, hereinafter referred to as the "Municipality." WITNESSETH: WHEREAS, Middlesex County is proactive in addressing environmental issues such as the depletion of the ozone layer; and WHEREAS, chlorofluorocarbons (CFC's) are one of the manmade chemicals that are known to cause ozone depletion; and WHEREAS, the County is seeking to provide a financial incentive that would encourage municipalities to properly capture CFC's fÌ'om residentially discarded appliances that they collect curbside or at their drop-off centers; and WHEREAS, the County and Municipality are authorized to enter into this Agreement pursuant to N.J.S.A. 40A:II-5(2); 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 County shall provide a subsidy of up to 75% of the cost of each properly documented CFC recovery fÌ'om a residential appliance assuming the below conditions are met. There is no limit on the number of properly performed/documented CFC recoveries that will be covered during the term of this agreement for the municipality. Annual funding level and/or percentages will be established upon determination of the 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 person(s) who is trained to recover CFC's. The Municipality will be provided with a list of "preapproved" vendors and may select rrom 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 the EPA's Section 608 - Remgerant Recycling Rule. The County will examine whether the vendor's employees are properly trained and if applicable, certified to perform CFC recoveries, and that documentation supporting that the CFC's recovered by the vendor are sent to an EP A certified reclaimer. In addition, the County reserves the right to visit the vendor's facility(ies) to verity their CFC recovery process including but not limited to, the equipment the vendor utilizes to recover the CFC's. 3. The Municipality shall follow the regulations set forth in N.J.A.C. 7:26A, Subchapter 5 and not utilize any improper handling or trucking methods/procedures that could cause the discarded appliance to discharge CFC's into the open air. 4. The Municipality shall provide to the Middlesex County Division of Solid Waste Management (DSWM) on a quarterly basis, an invoice with proper supporting documentation indicating the vendor, number of appliances fÌ'om which CFC's were recovered, and CFC 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 indemnity, the County, and their respective officials, members, agents and employees fÌ'om 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 three-year (36 month) period commencing on January 1, 2005 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. 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 m 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: 2 To the County: County of Middlesex Division of Solid Waste Management 100 Bayard Street, Second Floor New Brunswick, NJ 08901 To the Municipality: Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 10. Governing Law. This agreement and any questions concernmg its validity, construction and performance shall be governed by the laws of the State of New Jersey. 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. 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 Margaret E. Pemberton, Clerk David B. Crabiel, Freeholder Director ATTEST: ./ ~e e'e';~'b~.¿,f'.:" Kathleen M. Barney, Municipal ~-- MUNICIP):;ß/ ~~:' " 3 Agreement made of this /, /Ä' day of . ,(jr. nú' "- J ,.;la,,,', 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 Avenue, Carteret, New Jersey 07008, hereinafter referred to as the "Municipality." WITNESSETH: WHEREAS, Middlesex County is proactive in addressing environmental issues such as the depletion of the ozone layer; and WHEREAS, chlorofluorocarbons (CFC's) are one of the manmade chemicals that are known to cause ozone depletion; and WHEREAS, the County is seeking to provide a financial incentive that would encourage municipalities to properly capture CFC's fÌ'om residentially discarded appliances that they collect curbside or at their drop-off centers; and WHEREAS, the County and Municipality are authorized to enter into this Agreement pursuant to N.J.S.A. 40A:II-5(2); 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 County shall provide a subsidy of up to 75% of the cost of each properly documented CFC recovery from a residential appliance assuming the below conditions are met. There is no limit on the number of properly performed/documented CFC recoveries that will be covered during the term of this agreement for the municipality. Annual funding level and/or percentages will be established upon determination of the 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 person(s) who is trained to recover CFC's. The Municipality will be provided with a list of "preapproved" vendors and may select fÌ'om 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 the EPA's Section 608 - Remgerant Recycling Rule. The County will examine whether the vendor's employees are properly trained and if applicable, certified to perform CFC recoveries, and that documentation supporting that the CFC's recovered by the vendor are sent to an EP A certified reclaimer. In addition, the County reserves the right to visit the vendor's facility(ies) to verifY their CFC recovery process including but not limited to, the equipment the vendor utilizes to recover the CFC's. 3. The Municipality shall follow the regulations set forth in NJ.A.C. 7:26A, Subchapter 5 and not utilize any improper handling or trucking methods/procedures that could cause the discarded appliance to discharge CFC's into the open air. 4. The Municipality shall provide to the Middlesex County Division of Solid Waste Management (DSWM) on a quarterly basis, an invoice with proper supporting documentation indicating the vendor, number of appliances fÌ'om which CFC's were recovered, and CFC 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 their respective officials, members, agents and employees fÌ'om 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 three-year (36 rnonth) period commencing on January 1,2005 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. 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 m 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 rnay have specified by notice given in writing to the other party: 2 To the County: County of Middlesex Division of Solid Waste Management 100 Bayard Street, Second Floor New Brunswick, NJ 08901 To the Municipality: Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 10. Governing Law. This agreement and any questions concernmg its validity, construction and perfonnance shall be governed by the laws of the State of New Jersey. 11. Severability. In the event that any provision of this Agreement, for any reason, shall be detennined 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 detennination, shall irnplement 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 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 Margaret E. Pemberton, Clerk David B. Crabiel, Freeholder Director '/"'// '. vv~~' (~F_é'é_.p\- - / ,~/,£~-t"~ athleen M. Barney, Municipal ~ MUNICIPALIT~/ .' ~,~ aniel J. iman, Mayor ATTEST: 3 Agreement made of this /3.z;(day Of/)l/lti Air " -%'til;/ , 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 Avenue, Carteret, New Jersey 07008, hereinafter referred to as the "Municipality." WITNESSETH: WHEREAS, Middlesex County is proactive in addressing environmental issues such as the depletion of the ozone layer; and WHEREAS, chlorofluorocarbons (CFC's) are one of the manmade chemicals that are known to cause ozone depletion; and WHEREAS, the County is seeking to provide a financial incentive that would encourage municipalities to properly capture CFC's rrom residentially discarded appliances that they collect curbside or at their drop-off centers; and WHEREAS, the County and Municipality are authorized to enter into this Agreement pursuant to N.J.S.A 40A: 11-5(2); 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 County shall provide a subsidy of up to 75% of the cost of each properly documented CFC recovery fÌ'om a residential appliance assuming the below conditions are met. There is no limit on the number of properly performed/documented CFC recoveries that will be covered during the term of this agreement for the municipality. Annual funding level and/or percentages will be established upon determination of the 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 ernploys a person(s) who is trained to recover CFC's. The Municipality will be provided with a list of "preapproved" vendors and may select rrom 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 the EPA's Section 608 - Refrigerant Recycling Rule. The County will examine whether the vendor's employees are properly trained and if applicable, certified to perform CFC recoveries, and that documentation supporting that the CFC's recovered by the vendor are sent to an EP A certified reclaimer. In addition, the County reserves the right to visit the vendor's facility(ies) to verify their CFC recovery process including but not limited to, the equipment the vendor utilizes to recover the CFC's. 3. The Municipality shall follow the regulations set forth in NJ.A.C. 7:26A, Subchapter 5 and not utilize any improper handling or trucking methods/procedures that could cause the discarded appliance to discharge CFC's into the open air. 4. The Municipality shall provide to the Middlesex County Division of Solid Waste Management (DSWM) on a quarterly basis, an invoice with proper supporting documentation indicating the vendor, number of appliances fÌ'om which CFC's were recovered, and CFC 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 their respective officials, members, agents and employees fÌ'om 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 three-year (36 month) period commencing on January 1, 2005 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. 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 III 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: 2 To the County: County of Middlesex Division of Solid Waste Management 100 Bayard Street, Second Floor New Brunswick, NJ 08901 To the Municipality: Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 10. Governing Law. This agreement and any questions concernmg its validity, construction and perfonnance shall be governed by the laws ofthe State of New Jersey. 11. Severability. In the event that any provision of this Agreement, for any reason, shall be detennined 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 detennination, 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. 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 Margaret E. Pemberton, Clerk David B. Crabiel, Freeholder Director ;1;;;/ .' ~/Rlä('Ø;-/~.A-ru:/-<. / Kathleen M. Barney, Municipa~ MUNICIPALIT~t ~~ Daniel J. Reim ,Mayor ATTEST: 3 /J Agreement made of this /3'ZÁ.-day of :;./¡A.//.-/.....i~ v ~ 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, /",,~ - ,V""'-z:> , by and between the 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 Avenue, Carteret, New Jersey 07008, hereinafter referred to as the "Municipality." WITNESSETH: WHEREAS, Middlesex County is proactive in addressing environmental issues such as the depletion of the ozone layer; and WHEREAS, chlorofluorocarbons (CFC's) are one of the manmade chemicals that are known to cause ozone depletion; and WHEREAS, the County is seeking to provide a financial incentive that would encourage municipalities to properly capture CFC's from residentially discarded appliances that they collect curbside or at their drop-off centers; and WHEREAS, the County and Municipality are authorized to enter into this Agreement pursuant to NJ.S.A. 40A:II-5(2); 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 County shall provide a subsidy of up to 75% of the cost of each properly documented CFC recovery from a residential appliance assuming the below conditions are met. There is no limit on the number of properly performed/documented CFC recoveries that will be covered during the term of this agreement for the municipality. Annual funding level and/or percentages will be established upon determination of the amount of available funding; funding notices wi]! be mailed to the municipality in January of each year. 2. The Municipality shall select a vendor(s) who employs a person(s) who is trained to recover CFC's. The Municipality will be provided with a list of "pre approved" vendors 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 the EPA's Section 608 - Refrigerant Recycling Rule. The County will examine whether the vendor's employees are properly trained and if applicable, certi fied to perform CFC recoveries, and that documentation supporting that the CFC' s recovered by the vendor are sent to an EP A certified reclaimer. In addition, the County reserves the right to visit the vendor's facility(ies) to verify their CFC recovery process including but not limited to, the equipment the vendor utilizes to recover the CFC's. 3. The Municipality shall follow the regulations set forth in NJ.A.C. 7:26A, Subchapter 5 and not utilize any improper handling or trucking methods/procedures that could cause the discarded appliance to discharge CFC's into the open air. 4. The Municipality shall provide to the Middlesex County Division of Solid Waste Management (DSWM) on a quarterly basis, an invoice with proper supporting documentation indicating the vendor, number of appliances from which CFC's were recovered, and CFC recovery cost per unit. The DSWM will then review this documentation and arrange for the appropriate amount ofreimbursement. 5. The Municipality shall hold harmless and save, protect and indemnify, the County, and their 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 three-year (36 month) period commencing on January 1, 2005 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. 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: 2 To the County: County of Middlesex Division of Solid Waste Management 100 Bayard Street, Second Floor New Brunswick, NJ 08901 To the Municipality: Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 10. Governing Law. This agreement and any questions concernmg its validity, construction and performance shall be governed by the laws of the State of New Jersey. 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. 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 Margaret E. Pemberton, Clerk David B. Crabiel, Freeholder Director ATTEST: ~~ .~. ;??/& é',i,ð;, /.f:Ýt'A-r>¿< Kathleen M. Barney, Municipal ~ wmrcwA~ ~j ::MaYOr 3