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