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HomeMy Public PortalAboutr 04:090 MIDDLESEX COUNTY ~ ~er~e~ TEL (732) 541-3800 FAX (732) 541-8925 OFFICE OF KATHLEEN M. BARNEY, RMC/CMC 61 COOKE AVENUE MUNICIPAL CLERK CARTERET, NEW JERSEY 07008 MEMORANDUM TO: MIDDLESEX COUNTY PURCHASING AGENT 3R° FLOOR ADMINISTRATION BUILDING JOHN F. KENNEDY SQUARE NEW BRUNSWICK, NJ 08901 FROM: KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk DATE: MARCH 19, 2004 SUBJECT: RESOLUTION AUTHORIZING MAYOR TO EXECUTE INTERLOCAL SERVICES AGREEMENT WITH CARTERET HOUSING AUTHORITY. ENCLS: CERTIFIED COPY OF RESOLUTION #04-90 KMB/cp 3116104 cc: Treasurer Purchasing File · EL (7S2) 5~1-~800 OrrlCe or F~ (732) 541-8925 ~THLEEN M, BARNEy, RMC/CMC 61 COO~ AVENUE MUNICIPAL CLERK CARTERE~ NEW JERSEY 07008 MEMORANDUM TO: ERIC CHUBENKO, DIRECTOR CARTERET HOUSING AUTHORITY 96 ROOSEVELT AVENUE CARTERET, NJ 07008 FROM: KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk DATE: MARCH 16, 2004 SUBJECT: RESOLUTION AUTHORIZING MAYOR TO EXECUTE INTERLOCAL SERVICES AGREEMENT WITH CARTERET HOUSING AUTHORITY. ENCLS: CERTIFIED COPY OF RESOLUTION #04-90 KMB/cp cc: Treasurer Purchasing File No _ 04-90 Date of Adopti~_ ~ 11~_2004 AUTHORIZING MAYOR TO EXECUTE INTERLOCAL SERVICES AGREEMENT WITH CARTERET HOUSING AUTHORITy NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret as follows: 1. That the Mayor is hereby authorized to execute Interlocal Services Agreement with the Carteret Housing Authority for the cooperative purchase of Energy Services. Adopted on this 11th day ~ofMarch, 2004 and certified as a tree copy of the f,~i: 1HLEEN M. BARNEY, RMC~.M'C Municipal Clerk II,,_ RECORD OF COUNCIL VOTE 'i COUNCILMAN -- yE~S '~~ COUNCILMAN t YES NO NV ~A.B. k'~b'~ X n'r~ X NAPI.F.$ X R~Z X ~ x - Indicate Vote AB ~ Absem NV. Not Voting XOR. Indicates Vote ~o Overrule Veto Adoptcd at a meeting of thc Municipal Council iI RESOLUTION NO. 1212 THIS AGREE1VI~NT (the i'.Agr~ernent") is made a~d dated as February ,2004, by a~d between: .The Bo}-ouqh of Cart~eret . amunicipal corporationofthe State ,. of New ~cy, County of Middlesex, having a nmiling add.tess of Municipality "); and The 'Hous~n§ '^ughOr~tY of. 'the Borou§h ~ of the Ml.mlcipality,. havillg a l'l~Mhng ad&ess of (the "AgencY"); a!Cooperafive Pricing Agreement for the purehase of work, materials and supplies; and ~he EleCtric Discount and Energy Competition Ac~ 0qO.S.A. 48:3-49 et sex1., 'the "Aot") and th~ Government EnergY Aggregation Program Rule~ adopted by th~ New Sersey Board of Public Utilities permit looal governmem units to join together for the purchase of electric genera~aon semaoe, gas ~upply service, eleelme related services and gms related services; ~d WI~S, pursuant to the A~ the Coun~' of Middle~ex (the "County") may act as a government aggregator for the purpose of entering into written eontraot(s) with a licens~cl electric p~wer supplier or a licensed gas supplier for the provision of electric generation service, electric related service, gas ~upply service or gas related s~rv~oe for the County own use or the use of other government aggregators and for electric generation service'or supply service on behalf of business ._. and residential customers within the County's territorial jurisdic~don; and ~ WHEREAS, the Count)' is conducting a voluntary Cooperative Pricing System for the aggregation and purchase of electric generatton servac and gas supply service (the "System") with -* ' '~ -'-ed'contrae*:':- units w~thin the County util~7~ng the administrative purchasing services and facilities of the CountY; and WSr~.RgAS, the Municipality has d0termi~ecl to participate in the'system for the purct~ase of eleou-ie generation service ant~or gas supply (the System ), and · ' ! WI~RK~; ~e Aganey has indicated that it would like to participate in the System; mad Wt~, pursuant to the Interlocal Services Act £ounct at lq.$.S.A. 40:$A-1 et seq., as amended ancl supplemanted.(the "Interloeal Service~ Act~), any local umt. ofthe State o£New Jersey the "Stat~") may enter into a' contact with any other local umt for the provxsmn v~thin thett several jurisdictions of any service Whicl~ may party to the agreement is empowered to render wlth~n its o,arn jhrisdietion; and WSIIr~RgAS, pursuant to Section 3 of the Interlocal Services Act, an autonomous authority es~abli~ed by and ~thi,~ a single local unit and providing services within such local unit may become a party to such eontae~ with the consent of the governing body of said local unit; and W~I~RI~A$ ~ pur~mnt ~o Section 5 of the I. nterlocal Services Act, the pm-lies to ~ ¢ontrae~ authorLzed by the Interlocal Services Act may agree to provide johatly, or through the agency of one or more of them ca beha~ of all or any of them, any service or aspect cfa service which any of the parties on whose behal~ such services are to be performed may be legally performed by itself; and WI~R~A$, the Municipality has agreed.to participate i~ the System and to participate on behalf of the Agency; and WltEREAS) the Municipality has or will enter into a Cooperative 'Pricing Agreement (it. he "Agreement") with the County; and Wl~.REAS) the parties hereto desire ~o memorialize their respective fights and obligations, understandings and undertaking~ with respect to the .System. NOW, TI:I~.REFORE, in consideration of one ($1.00) dollar and other good and valuable consideration, the su~fficiency of which is hereby acknowledged, the Municipality and the Agency, each binding themselves and their successors and 'assigns, do mutually covenant, promise and agree as follows: .' 1. The Agency w0uld llke to participate in the System for the following commodities: ~ ' ' Electric Gencmti0n Service :~ x C~ Supply Service Electric Generation S~rvice and. Gas Supply Service (The selected energy commodities shall be referred to as. the "Elected Commodities.") 2. The Municipality agrees to participate f6r the Agency in the System for the Elected Commodities. 3. The Agency agrees to comply with the terms ofthe Agreement attached beret0 and made a part hereof as it relates to the purchase of thc Elected Commodities by the Agency, including but not limited to, the provision of billing data for the Elected Commodities, the purch~-~e of the Elected Commodities and thc payment of the costs for participation in the System for the Elected Commodities. · · · IN WITNESS Wl:IEREOF, the Municipality'and the A~ency have caused this Agreement 3 to be executed as of the date mad year first above written. Municipality , Agency ~ESOLUTION NO. 1212 '" THIS AGILEE]VIENT (the "Agreement") i~ made and dated as of the 17th day of February ,2004, by and between: ~he B0rouqh of Car~ere~ · a municipal corporation of the State of New Jersey, County of Middlesex, havinga mailing ad&ess of: (the "Mun/cipality"); and The Housi~§ Authority of the Borough Carteret .. of thc MunicipaSty, having a mailing address of ('the "Agency"); W___ILT_~ E S S E T H-'- W'H~EREAS, N.J.S-A- 40A:l 1-11 (5)authorizes two or more contracting units to enter into a,Cooperative Pricing Agxeement for the purchase of work, materials and supplies; and W Hv;REAS, the Electric Discount and Energy Competltion Act (NJ.S.A. 48:3-49 et seq.,) (the "Act") and the Goverarnent Energs' Aggregation Program F, ules adopted by the New Jersey '.' · · ' of electric Board of Public Utilities permit local government umts to 3om together for the purchase generation service, gas supply service, electric related services and g~ related services; and WltEREAS, pursuant to the Act, the County of Middlesex (the Co ty ~ may act as a government aggregator fOr the purpose of entering into written contract(s) with a licensed electric power supplier or a licensed gas supplier for the provision of eleclric generation service, electric · related service, gas supply Service or gas related service for the County's own use or the use of other government aggregators and for electric generation service or supply service on behalf of business and residential customers within thc County's territorial jurisdiction; and .. WHEREA~, the County is conducting a voluntary Cooperative Pricing System for the aggregation and purchase of electric generation service and gas supply service (the "System") with other authorized contracting units within the County u~l~ying the a~lmlnistratlve purchasing services and facilities of the County; and V~'I-IEREAS, the Municipality has deterrn_ ined to participate ba the'system for the purchase of elecU-ic generation service and/or gas supply (the "System"); and WI~REAS, the Agency has bad/cared that it would l~e to participate in the System; and WI-IE~, pursuant to the Interlocal Service~ Act found at N.J.S.A. 40:8A-1 et seq., as amended and supplemented (the "Interloeal Services Act"), any local unit of the State of New Jersey (the "star's") may enter into a contact with any other local unit for the provision within their several jurisdictions of anyservlce which any party to the agreement is empowered to render within its own jurisdiction; and wI-nr. REAS, pursuant to Section 3 of the Interlocal Services Act, an autonomou~ authority established by and within a single local unit and providing services within such local unit may become a party to such contact with the consent of the govemlng body of said local un.it; and WO¥.REAS, pursuant to Section 5 of the Interlocai Serv/ces Act, the parties to a contract authorized by the Interlocal Services Act may agree to provide jointly, or through the agency of one or more ol~them o~a behalf of all or any of them, any service or aspect of a service which any of the parties on whose behalf such services are to be performed ma)' be legally performed by itself; and WlZlEREAS, the Municipality has agreed to participate ih the System and to participate on 2 behalf of the Agency; and WHEREAS, the Municipality haS or will enter into a Cooperative 'PHcing Agreement (the "Agreement") with the County; and ~V'I-I~.REAS, the parties hereto desire !o memonahze their respective nghts and obhgations, understandings and ~mdertaldngs with respect to the System NOW, TI:IF..REFORE, in consideration of one ($1.00) dollar and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipality and the Agency, each binding themselves and their successors and aSsigns, do mutually covenant, promise and agree as follo~vs: 1. The Agency w°uld like to paxticipate in the System for the following commodities: · Electric Generation Service ~ Gas Supply Service X Electric Generation serVice aad~ Gas Supply Service (The selected energy commodities shall be referred to as. the "Elected Commodities.") 2. The Municipality agrees to participate for the Agency in the System for the Elected Commodities. 3. The Agancy agrees to comply w/th the terms ofthe Agreement attached heretu and made a part hereof as it relates to the pUrChase of the Elected Commodities by the Agency, including but not limited to, thc provision of billing data for the Elected Commodities, the purchase of the Elected Commodities and thc payment of the costa for participation in the System for the Elected Cormmodities. IN WITNESS WlTEREOF, the Municipality and the A~ency have caused thi~ Agreement 3 to be executed as of the date and year first above written. · t.;~--. - , Municipality , Agency 4