AGREEMENT BETWEEN_______________ MUNICIPALITY
AND _______________ (COUNTY OR MUNICIPALITY)
FOR CERTIFIED RECYCLING PROFESSIONAL SERVICES
THIS AGREEMENT by and between ____________________ (municipality), a
municipal body politic having its offices at __________________, New Jersey, zip code,
and ________________ Municipality or County, New Jersey, a body politic having its
offices located at ________________________, New Jersey, zip code (hereinafter
"County"
or
“_______”
Municipality),
is
dated
this
________day
of
_________________, 20___.
WHEREAS, ___________ Municipality, by ordinance, has duly enacted a
recycling plan for all recyclable materials as designated by the _____________ County
Solid Waste Management Plan and amendments thereto and:
WHEREAS, ____________ Municipality is desirous of retaining Certified
Recycling Professional (hereinafter “CRP”) services of ________________ (Municipality
or County) for said recycling program; and
WHEREAS, the award of this contract to the ______________ (Municipality or
County) pursuant to N.J.S.A. Section 13:1E-99.14 is an exception to the bidding
requirements as set forth in the “Local Public Contracts Law” pursuant to N.J.S.A.
Section 40A:11-5(2), and the Board of __________________ for ________________
County.
NOW, THEREFORE, in consideration of the terms, conditions, mutual benefits
and covenants hereinafter set forth, the ________________ Municipality and the
____________________ (Municipality or County) make this agreement.
1. _________ Municipality shall retain the services of the ______________
(Municipality or County) for a CRP that will be responsible for coordinating
municipal recycling requirements as provided in the _________ County Solid
Waste Management Plan, and with the State New Jersey Department of
Environmental Protection (NJDEP) for mandatory annual municipal recycling
tonnage report documentation.
2. For the period commencing DATE: _________ through and including DATE:
______ said CRP shall notify all solid waste/recycling generators of
__________ Municipality of their source separation responsibilities at least
twice annually and provide documentation regarding same to __________
(Municipality or County).
Such notifications will include all Recyclable
Materials, as are designated by the _________ County's Solid Waste
Management Plan, and such other Recyclable Materials as the County may
designate from time to time, within the Municipality (hereinafter "Recyclable
Materials").
3. Said CRP shall notify all occupants of residential, commercial and institutional
properties of _________ Municipality of the recycling requirements as
outlined by the municipal recycling ordinance, and in conjunction with the
__________ County education program concerning recyclables, provide
quarterly
publicity
regarding
collection
schedules,
holidays,
material
preparation requirements and program accomplishments to all residential
households within ________ Municipality.
4. If applicable, said CRP shall provide any person applying for a
construction/demolition permit with the reporting requirements for generators
of construction and/or demolition waste materials.
5. If applicable, __________ Municipality shall have the CRP to act as an
informational source for municipal residents, businesses and officials
regarding recycling requirements and/or recycling collection operations.
_________ Municipality shall encourage that all recycling related inquiries are
to be submitted to the CRP for resolution and tracking purposes.
6. If applicable, __________ Municipality shall have the CRP report to
_______________ County Division of Solid Waste Management a list of nonresidential generators, which have been issued a source separation
exemption;
7. If applicable, _________ Municipality shall have the CRP enforce antiscavenging and anti-dumping ordinances, and mandatory source separation
requirements as outlined in the _________ County Solid Waste Management
Plan Amendment and __________ Municipal Ordinance related to recycling.
8. _________ Municipality shall provide the __________ (Municipality or
County) with any changes in definition of the CRP's position.
9. The_______ Municipality reserves the right to reasonably amend the
specifications of this Agreement by giving thirty- (30) day written notification to
the __________ (Municipality or County) of any changes thereto.
10. If applicable, ___________ Municipality shall pay a fee of _____________ for
the CRP's service to the Municipality. _____________ Municipality will pay
all invoices within thirty (30) days.
11. This agreement is the entire agreement between _________ Municipality and
__________
(Municipality
or
County)
and
supersedes
all
previous
agreements and discussions. Any amendments hereto must be in writing and
must be duly executed by _________ Municipality and __________
(Municipality or County) to become effective.
12. This Agreement will be entirely performed within the State of New Jersey and
it shall be construed in accordance with the laws thereof.
13. If any provision of this Agreement is determined by a court of competent
jurisdiction to be illegal, void, ultravires, or unconstitutional, the remainder of
this Agreement shall continue in full force and effect.
IN WITNESS HERETO the parties hereto have set their hands of the proper
public official as of the date and year first above written.
_______________ MUNICIPALITY
______________________________
(Name & Title)
BY:_________________________________
(Name & Title)
_____________ MUNICIPALITY or COUNTY
______________________________
By:__________________________________
A copy of this executed agreement shall be forwarded to the NJDEP, either
electronically to REATAX@dep.state.nj.us or by mail to:
NJDEP-Solid & Hazardous Waste Management Program
401 E. State Street
Mail Code 401-02C
P.O. Box 420
Trenton, NJ 08625-0420
Attn: Mr. Joe Davis