HomeMy Public PortalAboutr 19-077Ye0olution of the Poxoixg4 of Carteret, Y. 01
No. 19 -77
Date of Adoptio May 2, 2019
INTERLOCAL AGREEMENT BETWEEN THE BOROUGH OF CARTERET
AND THE BOROUGH OF CARTERET BOARD OF EDUCATION FOR
THE DEVELOPMENT OF A NEW JUNIOR HIGH SCHOOL
WHEREAS, the New Jersey Interlocal Services Act, N.J.S.A. 40:8A -1 et seq.,
encourages municipalities and boards of education to enter into contracts for the joint
provision of services in order to effectuate economies in government costs to reduce
property taxes and provides legal authority and procedures to effectuate such agreements;
and
WHEREAS, the Carteret Board of Education (the "Board ") and the Borough of Carteret
(the `Borough ") are desirous of entering into such an Interlocal Services Agreement
providing for engineering services required for the design and construction of a new
Carteret Junior High School; and
WHEREAS, this Agreement will effectuate economy by coordinating the provision of
the required services; and
WHEREAS, in accord with N.J.S.A. 40:8A -4, said proposed Agreement 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 of 8:00
a.m. and 4:00 p.m.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret as follows:
1. That the Borough's Law Director is hereby authorized to execute the
proposed Interlocal Services Agreement with the Board providing for
the required engineering services for the design and construction of the
new Carteret Junior High School, all in a form acceptable to the
Borough Attorney.
2, That the appropriate Borough Officials and/or Officers and Employees
are hereby authorized and directed to take such needed action(s) to
effectuate the purposes provided for herein and as provided for in said
Interlocal Agreement.
Adopted this 2" d day of May, 2019
and certified as a hue copy of the
original on May 3, 2019.
CARMELA POGORZELSKI
Assistant Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.B.
BELLINO
X
JOHAL
X
DIAZ
X
KRUM
X
DIMASCIO
X
NAPLES
X
X - Indicate Vote AB - Absent NV - Not Voting XOR-Indicates Vote to Overmle %Veto
Adopted at a meeting of the Municipal Council
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SERVICES AGREEMENT BY AND BETWEEN THE BOROUGH OF CARTERET AND THE CARTERET BOARD OF
EDUCATION IN CONNECTION WITH THE DEVELOPMENT OF THE PROPOSED JUNIOR HIGH SCHOOL AND
THE PROJECTS COVERED BY THE 2019 REFERENDUM
THIS INTERLOCAL SERVICES AGREEMENT (the "Agreement ") by and between the BOROUGH OF
CARTERET (the "Borough ") and the CARTERET BOARD OF EDUCATION (the "Board ") (collectively, the
"Parties ").
WITNESSETH:
WHEREAS, pursuant to N,J,S,A. 40:8A -1 et sec., the New Jersey Interlocal Services Act (the
"Act "), a municipality and a board of education may enter into a contract for the joint provision of
service or services within their several jurisdictions, and said service or services may be performed by
either entity on behalf of the other, to promote efficiencies and economies in the delivery of same; and
WHEREAS, the Borough and the Board are desirous of developing the proposed Junior High
School located at Block 5002 Lot 1, acquiring property located at Block 5002 Lot 17, as well as additional
projects covered by the 2019 Referendum; and
WHEREAS, the Board, on January 29, 2020, by duly adopted resolution of the governing body,
authorized the execution of shared services agreement for Project improvements estimated not to
exceed $465,000 reimbursable to the Borough from the Board; and
WHEREAS, the Board, on January 29, 2020, by duly adopted resolution, authorized the
execution of aforementioned shared services agreement with the Borough; and
WHEREAS, the Borough and Board have each duly authorized Agreement to provide for the
same.
NOW, THEREFORE, the parties hereto, in consideration of good and mutual covenants, the
sufficiency of which is hereby acknowledged, do hereby agree as follows:
1. NATURE AND EXTENT OF SERVICES.
a. The Borough shall assume the responsibility for all necessary engineering design work
related to the approval and development of the proposed Junior High School located at
Block 5002, Lot 1, the acquisition of property located at Block 5002 Lot 17, as well as
other projects covered by the 2019 Referendum (hereinafter the "Project "). The
estimated cost of the Project improvements shall not exceed four- hundred and sixty-
five thousand dollars ($465,000.00), to include all prior due diligence review for the
Project.
b. The Borough shall perform, or cause to be performed, all of the work necessary for the
engineering design work, and the bidding, as necessary, for the Project. The design and
cost shall be approved by the Board throughout the duration of the project.
2. COSTS. In return for the Borough's provision of the above described services, the Board
shall reimburse the Borough the sum not to exceed $465,000.00 toward the cost of the
Project improvements. The Board shall reimburse the Borough as follows: Within twenty
(20) days of submission of an invoice for the Project work then completed with the first
payment of $50,000.00 or less being due on November 15, 2019.
3. NO ASSIGNMENT. This Agreement shall not be assigned by either the Borough or the Board
without the express, written consent of the other party.
4, INTEGRATION. The provisions of this Agreement shall (a) constitute the entire agreement
between the parties for or with respect to the matters described herein, and (b) be
modified, unless provided herein to the contrary, only by written agreement duly executed
by both parties.
5. INDEMNIFICATION, The Borough and Board shall each hold harmless, defend and
indemnify the other for any loss, damage or claim incurred by or asserted against the other
resulting directly from the performance of its respective obligations hereunder.
6. NONDISCRIMINATION, To the extent applicable, the Borough and Board agree to comply
with the relevant provisions of the Affirmative Action requirements of N.J,S.A. 10:5 -31 et
se . and the regulations promulgated pursuant thereto, N.J.A.C. 17 -27.
7. GOVERNING LAW. This Agreement and any questions concerning Its validity, construction
or performance shall be governed by the laws of the State of New Jersey,
B. SEVERABILITY. In the event that any provision of this Agreement shall, for any reason, be
determined to be Invalid, Illegal or unenforceable In any respect by a court of competent
Jurisdiction, then the parties hereto shall negotiate In good faith and agree to such
amendments, modifications, or supplements of or to this Agreement or such other
appropriate actions as shall, to the maximum extent practicable in light of such
determination, Implement and give effect to the Intentions of the parties as reflected
herein, and the other provisions of this Agreement shall, as so amended, modified,
supplemented, or otherwise affected by such action, remain In full force and effect.
COUNTERPARTS, This Agreement may be executed in any number of counterparts, each of which shall
be executed by the Borough and the Board and all of which shall be regarded as one original and shall
constitute and be but one and the same, IN WITNESS WHEREOF, the Borough and the Board have
caused this Agreement to be executed by their duly authorized officials as follows:
ATTEST
Date
ATTEST
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Hector Berrios
Business Administrator /Board Secretary /
Date
BOROUG OF RTERET
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