INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF SOUTH BRUNSWICK AND THE BOROUGH OF ROCKY HILL FOR RECYCLING COORDINATOR SERVICES
THIS AGREEMENT is made on ______, 2011 by and between the Township of South Brunswick, a municipal corporation in the State of New Jersey, having an address of 540 Ridge Road, P.O. Box 190, Monmouth Junction, New Jersey, 08852 (“South Brunswick”), and the Borough of Rocky Hill, a municipal corporation in the State of New Jersey, having an address of 15 Montgomery Avenue, P.O. Box 188, Rocky Hill, NJ 08553 (“Rocky Hill”).
WHEREAS, the Recycling Coordinator of Rocky Hill has or will shortly retire from service, leaving Rocky Hill in need of Recycling Coordinator services; and
WHEREAS, South Brunswick has agreed to provide Recycling Coordinator services to Rocky Hill on a part time basis; and
WHEREAS, the parties wish to memorialize herein the terms and conditions of said agreement in this Interlocal Services Agreement for Recycling Coordinator Services (“Agreement”);
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties agree to the following:
1. South Brunswick shall provide Recycling Coordinator services to Rocky Hill on a part time basis, not to exceed ten (10) hours per month. 2. Recycling Coordinator services to be supplied under this Agreement include (a) preparation of Tonnage Grant Applications, which must be signed pursuant to State law by a Certified Recycling Professional; (b) Clean Communities Grant program coordination and preparation of the annual report associated with this program; (c) coordination with Somerset County
1 Recycling Program and Raritan Valley Disposal Services; (d) preparation of the annual budget for the recycling program; and (e) community outreach and recycling education. 3. All services outlined herein shall be provided from the South Brunswick Municipal Building, unless, in the opinion of South Brunswick, due to the nature and extent of a particular service, such service cannot be provided from the South Brunswick Municipal Building and must be provided elsewhere. 4. In exchange for such services, Rocky Hill will pay to South Brunswick $40.00 per hour, including travel time, in an amount not to exceed $3,000 per year. 5. South Brunswick shall bill Rocky Hill on a quarterly basis for all time spent during that quarter. Payment shall be due within thirty (30) days of receipt of the bill, provided the charges on the bill are undisputed. 6. In the event Rocky Hill disputes any charges, it shall notify the South Brunswick Director of Public Works and South Brunswick Township Manager in writing within ten (10) days of receipt of the bill. Any such dispute must set forth the basis for the dispute. The South Brunswick Director of Public Works and/or the South Brunswick Township Manager shall discuss the dispute with the Office of the Mayor of Rocky Hill and attempt to resolve the issues. If the dispute cannot be resolved, the parties reserve the right to take such action as may be available to them at law or in equity. Once the dispute is resolved, any payment due shall be made within thirty (30) days of the date of resolution. 7. Notices hereunder shall be provided as follows: South Brunswick: Township Manager Telephone: 732-329-4000 x. 7301 Facsimile: 732-329-0627 Director of Public Works Telephone: 732-329-4000 x. 7269 Facsimile: 732-329-4685
2 Rocky Hill: Office of the Mayor Telephone: 609-924-7445 Facsimile: 609-924-2274
8. This Agreement may be terminated by any party upon thirty (30) days written notice to the other party. Upon termination, the parties shall have no further obligation to the other parties, except for any payments due to South Brunswick for services rendered on or before the effective date of termination. 9. In the event any bill is outstanding for more than ninety (90) days from the date of the bill, South Brunswick may suspend any further service to Rocky Hill until the bill is paid in full. 10. The parties hereto agree that the execution of this Agreement is an authorized act of each of the respective parties hereto. The proper resolutions of the parties have been adopted pursuant to law, authorizing execution of this Agreement. 11. This Agreement constitutes the entire agreement between the parties, and is entered into with the full knowledge and assent of the governing bodies of the parties. This Agreement may not be modified or amended except upon written amendment duly authorized and signed by the parties. 12. All of the terms, covenants and conditions herein contained shall be for and inure to the benefit of, and shall be binding upon, the respective parties and their successors and assigns. 13. This Agreement may be executed in counterparts, each of which shall be deemed a duplicate original thereof and which, together, constitute the whole.
3 WHEREFORE, the parties have signed this Agreement, having first been duly authorized to execute same.
TOWNSHIP OF SOUTH BRUNSWICK
______Barbara Nyitrai, Township Clerk Frank Gambatese, Mayor
BOROUGH OF ROCKY HILL
______Rebecca P. Newman, Township Clerk Edward P. Zimmerman, Mayor
4 STATE OF NEW JERSEY: SS COUNTY OF MIDDLESEX:
I CERTIFY that on ______, 2011, BARBARA NYITRAI personally came before me and she acknowledged under oath, to my satisfaction, that: (a) she is the Township Clerk of the Township of South Brunswick, the municipal corporation named in this document; (b) she is the attesting witness to the signing of this document by Frank Gambatese who is the Mayor of the Township of South Brunswick; (c) this document was signed and delivered by the Township of South Brunswick as its voluntary act duly authorized by a proper resolution of the Township Council; (d) she knows the proper seal of the Township of South Brunswick which was affixed to this document; and (e) she signed this proof to attest to the truth of these facts.
Signed and sworn to before me On ______, 2011
______Donald J. Sears Barbara Nyitrai, Township Clerk An Attorney at Law In the State of New Jersey
5 STATE OF NEW JERSEY: SS COUNTY OF SOMERSET:
I CERTIFY that on ______, 2011, REBECCA P. NEWMAN personally came before me and she acknowledged under oath, to my satisfaction, that: (a) she is the Borough Clerk of the Borough of Rocky Hill, the municipal corporation named in this document; (b) she is the attesting witness to the signing of this document by Edward P. Zimmerman, who is the Mayor of the Borough of Rocky Hill; (c) this document was signed and delivered by the Borough of Rocky Hill as its voluntary act duly authorized by a proper resolution of the Borough Council; (d) she knows the proper seal of the Borough of Rocky Hill which was affixed to this document; and (e) she signed this proof to attest to the truth of these facts.
Signed and sworn to before me On ______, 2011
______Rebecca P. Newman, Township Clerk
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