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Home My Public Portal Aboutr 06:255 - - - - . 2Rcßolution of ±l¡c ißorou£11 of é!lurtcrc , ~. 'JJ. -"-OC " ~5 . Septem ber 21, 2(X)6 __ ~ n-f...J Date of Adop IOn No , ¡ II II I I \1 I I AI'PROV1NG HAZARDOUS MATERIAL COST RECO' ERY INTERLOCAL SERVICES AGREEMENT W[TH THE COUNTY OF MIDDLESEX WHEREAS, the present Hazardous Materials Cost Recovery Inter! cal Services Agreement between the Borough of Carteret and the County of M ddJesex will expire at the end of December, 2006; and \VHEREAS, the Govcming Body has detcnnined that a renewal of his lnterlocal Service Agreement is beneficial to the Borough of Carteret; and 'WHEREAS, the Governing Body is desirous to entcr into a n w [nterlocal Services Contract with tbe County of Middlesex for a period of th ee (3) years, until December 31, 2009, as authorized pursuant to N.J.S.A 40:8-1 ~ ~ NOW, THEREFORE BE IT RESOLVED by tbe Mayor and C unc}1 of the Borough of Carteret as [allows: 1. The Hazardous Materials Cost Recovery Inter!ocal Servic s Agreement with the County of Middlesex for the period of January 1,2007 through December 31,2009 is hereby approved. 2. The Mayor and Borough CJerk are hereby authorized to e ecute the Tnterlocal Services Agreement in a fonn approved by the orough Attorney. 3. The Borough Clerk shall forward the executed agreement in the requested number of counterparts to the Public Health De artment, County of Middlesex, at the Middlesex County Administ atian Building, Fifth Floor, I JFK Square, New Bnmswick, Ne Jersey 08901. Adopted this 21" day of Septe' ber,2006 and certified as a true copy oft e original on September 22, 2006. KATHLEEN M- BARNEY, R <1CICMC Municipal Clerk 1-- --~-----~ RECORD OF COUNCIL VOTE -~ COUNCIL!\1AN YES NO NV A.fl. COUNCILMAN ES NO NV A.B. ~_ BELLINO X NAPLES DIAZ X RIOS X - ~__--.KRUM X I ~RZ X . -. - X -lndicat~ VOle AB - AbserH NY· NOI Voting XQR- lndicatf:s Vote 10 v~rrule VelO Adopted at a meeting of thc Municipal Council / Sente -;/-; A /1 . / ber 21 ,..-z? CCERK 2006 ", CJ David B. Crabiel Freeholder Director Stephen J. Dalina Deputy Director amiHe Fernicola -H. James Polos John Pulomena Christopher D. Rafano Blanquita B. Valenti Freeholders . .Ji;;'~"'#'~ "" A ~" ~!\@!sE iiiJ~PF-~~~f! '''',.".~ COUNTY OF MIDDLESEX PUBLIC HEALTH DEPARTME T MIDDLESEX COUNTY ADMINISTRATION BUILD NG, 5TH FLOOR JOHN F. KENNEDY SQUARE NEW BRUNSWICK, NJ 08901-36 5 John Pulomena Chairperson David A. Papi Director (732) 745-3100 Fax (732) 745-2568 Sl'ç ,\~ September 10, 2006 Kathleen M. Barney, Municipal Clerk Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Dear Ms. BarnyY: In reviewing our records, we find that your Hazardou Materials Billback and Cost Recovery Interlocal Service Agreement with the Middl sex County Public Health Department will expiæ on December 31, 2006. Attached please find a three year renewal interlocal a reement for approval by your local governing body. Please return five hand-signed c pies of this executed agreement so the Board of Chosen Freeholders can adopt thi renewed agreement by Resolution. Please return the completed and signed agreements t my attention by the end of November. If there are any questions, please feel free to con act me at (732) 745-3131. S.inc.e..r..e..lY Yo:;¿r.s.,. . } , í / Ilf é. jlff,lJ/ . , ' ~';lrG DavId A. PapY Director Attachment i /~ , .V N ..\\ v\ 9-//---tJt ~~ ~~~-/ 7t- INTER-LOCAL SERVICES AG EEMENT THIS CONTRACT, entered into thi, 2007, between the COUNTY OF MIDDLESEX, a munici al corporation in the State of New Jersey having its principal office at One J.F.K. quare, in the City of New Brunswick, County of Middlesex, the State of New Jersey hereinafter referred to as the "County", and the, BOROUGH OF CARTERET, having it principal offices at 61 Cooke Avenue, in the Borough of Carteret, County of Mid esex, State of New Jersey, hereinafter referred to as the "Municipality". WHEREAS, the County of Middlesex adopted Emergency Response Cost Recovery Ordinance No. 97-1143, on May 15, 19 7, pursuant to the County Environmental Health Act N.J.S.A. 26:3A2-21, et. seq., a d the Spill Compensation and Control Act N.J.S.A. 58:10.11, et. seq.: and WHEREAS, said ordinance was approved b Commissioner of the Department of Environmental Protection on July 10, 1997, WHEREAS, said ordinance provides that the Mi lesex County Department of Public Health shall be the lead agency for Emergency recovery purposes; and WHEREAS, it is necessary to establish a procedur and protocol for emergency response action and the recovery of costs incurred by the C unty of Middlesex and/or local municipality in an emergency hazardous materials in ident; and - 2- WHEREAS, said ordinance allows municipalities 0 enter into an inter-local service agreement with the County for purposes of coo inating response and cost recovery efforts in the County; and WHEREAS, the Municipality is desirous of contrac ing with the County for the furnishing of environmental health services of the technic and professional nature by the County to the Municipality; and WHEREAS, the parties herein are authorized to ente into said agreement for said services pursuant to N.l.S.A. 40:8A-I, et seq.; and \VHEREAS, said agreement is in the best interest of e County. NOW, THEREFORE, in consideration of the utual promises, covenants, agreements and other considerations between the parties, t e parties do hereby mutually covenant and agree as follows: 1. The County shall provide N.l.D.E.P. c ified programs within the territorial jurisdiction of the Municipality, to carry out the ollowing Hazmat Emergency Response and Cost Recovery services. 2. Said services shall be conducted in a cordance with the County Environmental Health Act, N.l.S.A. 26:3A2-21, the OUilty Environmental Health Standards of Administrative Procedure and Performance, .l.A.C. 7:IH, and the County Emergency Operating Plan. 3. The services specified herein, shall be pr vided for a term of three (3) years from the date of full execution of this agreement. - 3 - 4. This agreement may be tenninated by eithe of the parties upon written notice by the party desiring to tenninate said agreement. uch notice shall be given no later than 120 days prior to the tennination date of said agre ment. 5. The County of Middlesex shall not c ge any Municipality any administrative fee for coordination of cost recovery. 6. The County shall be entitled to submit its wn bill for cost recovery for services rendered to or for the Municipality during an e ergency HAZMAT response irrespective ofthe Municipality's expense/costs. 7. The County and Municipality further ag ee to abide by the following procedures: Emergency Response: a, The State and/or the certified local health a ency may initiate and conduct an emergency response action in respons to a discharge of a hazardous substance that has occurred, is occurring r threatens to occur within the jurisdictional boundaries of the County, i accordance with the provisions of the inter-agency agreement executed etween the local municipalities and the certified local health agency p rsuant to NJ.S.A. 26:3A2-27, which is incorporated herein by reference. b, The certified local health agency shall b the lead agency in conducting emergency response actions and at the cene of a Hazardous Materials Incident, unless otherwise provided or in an inter-local services agreement incorporated into the County's CERA work program. c. In the event personnel from a local mu cipality respond to a HAZMAT emergency pursuant to an inter-local greement and pursuant to the approval of a municipal emergency op rating plan, they may submit a payment request to the Middlesex Coun Public Health Department or its designee seeking payment from the resp sible party , - 4- Cost Recovery: The certifled local health agency may recover all cost as defmed in the County Ordinance in accordance with the following procedure: Procedure for cost recovery: 1. It shall be the responsibility of the municipal' to: a. Identify a coordinator or perso -in-charge for HAZMAT emergency response cost recovery, i.e. Emergency Management Coordinator, Fire Chief, etc. b. The designated local coordinator sh II be the sole billing point for all departments and agencies within e municipality. c. This coordinator will be responsible or the following: 1. Preparation of report for rec very of cost(s) associated with an emergency HAZMA T res onse action. 2. Submittal of report to Midd esex County HAZMA T office for processing. 3. The report must include the ollowing information: 1. The inclusive date(s and time(s) of the discharge, if known. 2. Location of spill. 3. Itemization of the osts incurred by the authorized municipal agency' responding to the discharge, i.e., vehicles, e pendable supplies, damaged equipment, etc. (uti izing the HAZMAT Emergency Response Cost Rec very Rates attached). 4. A completed copy fthe local incident report on the HAZMAT emerg ncy event (i.e. Police, Fire, Emergency Manag ment). 5. Name of coord' ator or person-in-charge of HAZMAT inciden . - 5 - 6. Completion of Midd esex County HAZMA T Responsible Party Fo for each incident submitted for recovery of costs to esponsible party. 7. The local coordinator or person-in-charge shall indicate to whom reco ry of cost shall be paid, i.e. municipality, fire distri t, etc. 8. It is the responsibility f the municipality to follow the guidelines estabr shed herein for billing of equipment, personnel and expendable items as defined in the cost rec very ordinance. 9. The request for recov ry of cost shall be submitted to the Middlesex Co ty Health HAZMA T office within ten (10) busine s days ofthe incident. Guidelines for Processing Claims Middlesex County Public Health Department and idd1esex County HAZMA T a. The incident report shall be revie ed by the Middlesex County HAZMA T and final determination will be made on total recovery of costs prior to submittal to the res onsible party. shall process claims as follows: b. The Middlesex County HAZMAT or person-in-charge of its findi responsible party. ill notify the local coordinator g prior to submittal to the c. Submittal of payments for recove with the established HAZMA Recovery rate schedule. of costs shall be in accordance Emergency Response Cost d. No submittals will be approved for a HAZMAT incident. r volunteer manpower response e. In the event the Middlesex Co ty HAZMAT Team responds to the emergency, the Middlese County HAZMAT will be responsible for submitting its wn recovery cost claim to the responsible party. -6- f The final approved bill shall be submi ed by Middlesex County to the responsible party and local coordi atar. g. In the event a responsible party woul like to review the billing, he may do so within fourteen (14) days receipt of the bill. h. The Middlesex County HAZMA T Middlesex County Public Health Department and local coor inator (if a local bill) shall review the responsible party's issues and make a fmal determination. L The Middlesex County HAZMA County Public Health Department event a responsible party denies pay shall notify the Middlesex nd local m\micipality in the ent. J. The Middlesex County Public Heal h Department shall present the report and fmal bill to the ew Jersey Department of Environmental Protection far possi Ie cost reimbursement. k. If this is denied by the State, the the Middlesex County Public Health Department shall present the report to the Middlesex County Environmental Prosecut r for review and possible litigation and recovery of costs. 9. The State Department of Environmental P otection shall receive for their records a copy of this inter-local service agreement. 10. If recovery of costs far municipalities i denied or not recoverable, the County of Middlesex shall not be responsible for reim ursement of any expenses/costs, and shall be held harmless from any personal injury or amage to property or equipment of the Municipality, its employees or property owners. IN WITNESS WHEREOF, the parties hereto ave caused this agreement to be executed by its proper officer, attested by its Clerk an have affixed hereto its corporate seal. - 7 - ATTEST Margaret E. Pemberton, Clerk Board of Chosen Freeholders ATTEST BOROUGH OF: /Z4Ø&/å:/ ~l·lk~ MUlllClpa C er THE OUNTY OF MIDDLESEX David . Crabiel, Director Board of Chosen Freeholders