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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 i 1 9 _ Na 2, 20 r Q `l / ACCTCT ATI' IfT VD �av✓ 1 J 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 �7 Hector Berrios Business Administrator /Board Secretary / Date BOROUG OF RTERET �fel --J� marr, McYm'"'� �c C) Date e %ec L `�f sedfv�.