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HomeMy Public PortalAboutr 00:054 Febm,mry 3,2000 NO. 00-54 Date of Adoption RESOLUTION AUTHORIZING THE BOROUGH OF CARTERET TO ENTER INTO A COOPERATIVE PRICING AGREEMENT FOR THE PURCHASE OF ENERGY WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to enter into Cooperative Pricing Agreements; and WHEREAS, the Electric Discount and Energy Act (N.J.S.A. 48:3-49 et al.) and the Interim Government Energy Aggregation Program Standards adopted by the Board of Public Utilities permit local government units to join together for the purchase of electric generation service, gas supply service, electric related services and gas related services (hereinafter referred to as "Energy"); WHEREAS, the County of Middlesex (hereinafter referred to as the "Lead Agency") has offered voluntary participation in a Cooperation Pricing System for the purchase of electric generation service; and WHEREAS, the Borough of Carteret, County of Middlesex, State of New Jersey desires to participate in the Middlesex County Cooperative Pricing System for the purchase of electric energy. NOW, THEREFORE, BE 1T RESOLVED on the 3'd day of February, 2000 by the Borough of Carteret, County of Middlesex, State of New Jersey, as follows: WHEREAS, this Resolution shall be known and may be cited as the Cooperative Pricing Resolution for Electric Energy for the Borough of Carteret. WHEREAS, pursuant to the provisions of N.J.S.A. 40A:l 1-11(5), the Borough of Carteret is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. WHEREAS, the Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A.40:ll-let al) and all other provisions of the revised statutes of the State of New Jersey applicable to the Middlesex County Cooperative Pricing System for the purchase of Energy. WHEREAS, this Resolution shall take effect immediately upon passage. Adopted this 3ra day of February, 2000 and Certified as a true copy of the original on February 4, 2000. KATHLEEN M. BARNEY,RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE n.Lm 0, RRTi;,N SOHAYDA _ X - Indicate Vote AB - Absent NV - Not Voting XOR - [mlicatcs Vote to Ovcrrtdc Veto Adopted at a meeting of the Municipal Council Feb~ 3~ 2~ INTERLOCAL SERVICES AGREEMENT THIS AGREEMENT, made this day of_ ,1998, by and between the Woodbridge Public Library located at George Frederick Plaza. Woodbridge, New Jersey 07095 (hereinafter referred to as the "WOODBRIDGE LIBILARY") and the Carteret Public Library located at 63 Carteret Ave., Carteret, New Jersey 07008 (hereinafter referred to as the "CARTERET LIBRARY") WITNESSETH WHEREAS, the Woodbridge Library owns and operates a Dynix Automated Library System (the "Dynix System"); and WHEREAS, the Carteret Library wishes to automate its library by utilizing the Dynix System; and WHEREAS, the Dynix System will provide the Carteret Library with automated circulation and cataloging functions; and online access to the bibliographic databases of both the Carteret and Woodbridge Libraries; and WHEREAS, the Woodbridge Library wishes to allow Carteret residents borrowing privileges at the Woodbridge Library and direct home access to the Dynix System; and WHEREAS, the Carteret Library wishes to allow Woodbridge residents borrowing privileges at the Carteret Library; and WHEREAS, the Woodbridge Library and the Carteret Library each believe that significant cost savings can be achieved by connecting the Carteret Library with the Woodbridge Library's Dynix System. NOW, THEREFORE, in consideration of the foregoing, the covenants and other good and valuable consideration more fully set forth herein, the parties hereto have agreed as follows: 1. C~arteret Library's Obligations: 1.01 The Carteret Library agrees to purchase from Ameritech Library Services, all necessary software, equipment and services required for Carteret to become an additional library agency on the Woodbridge Library's Dynix system, including but not limited to the following: a.) All necessary cables and connections b.) 10 Universe Licenses (per port) c.) 10 Dynix Application User Licenses d.) 1 Additional Library Agencies (Cataloging, Circulation and Public Access) e.) 1 Marc Tapeload f.) 1 Holdings Creation g.) All system shipping and installation costs 1.02 The Carteret Library shall be responsible for selecting, purchasing and installation of all barcode labels, workstation equipment, network hardware, peripherals and local cabling located in its library. 1.03 The Carteret Library shall be solely responsible for the performance of and the maintenance costs associated with all such equipment used in connection with the Dynix System. 1.04 The Carteret Library shall purchase, install and be responsible for the monthly costs of telecommunications equipment, software and high speed telephone lines required to communicate with the Woodbridge system, through the Bell Atlantic Frame Relay Network, and all such other equ,ipment as is necessary to use and maintain the Dynix System. 1.05 The Carteret Library at its sole cost and expense, shah be responsible for converting ~t existing bibliographic database into machine readable MARC format before it will be loaded into the Woodbridge Library's Dynix system. 2 1.06 After the initial bibliographic data load, the Carteret Library will be permitted to attach, on a continuing basis, new holdings to bibliographic records already resident on the database. Methods for entering new bibliographic records not resident on the database will be mutually agreed to by both libraries and set forth in writing. 1.07 The Carteret Library shall be responsible for training it's staff in the proper use of the Dynix library system. Training sessions can be arranged and conducted by Ameritech Library Services or the Woodbridge Public Library in accordance with fees contracted by the Carteret Library. 1.08 The Carteret Library shall maintain and troubleshoot all local equipment. 1.09 The Carteret Library agrees that it will not share its access to the Woodbridge Library's database with any other entity without the expressed written permission of the Woodbridge Library. 1.010 The Carteret Library agrees not to disclose to any person or entity any information regarding the software or any documentation of the system without the expressed permission of Woodbridge Library. 1.11 The Carteret Library agrees, that by becoming an additional library agency on the Woodbridge Library system, it will adhere, where applicable, to the terms and conditions of the agreement between Ameritech Library Services and the Woodbridge Library a copy of which is attached here to and made a part hereof. 1.12 The Carteret Library agrees that it shall not add any additional workstations, or other devices to the Dynix automated Library system without the prior written consent of the Woodbridge Library, which consent shall not be unreasonably withheld. 1.13 The Carleret Library agrees that it shall neither increase nor decrease the scope, nature or amount of services to be provided by the Dynix system without prior written consent of the 3 Woodbridge Library, which consent shall not be unreasonably withheld. 1.14 ' The Carteret Library has agreed to pay the Woodbridge Library in accordance with the fee schedule listed below for library automation services provided. Fee Schedule_ Dynix Maintenance $ 7,613.00 (annually) Reciprocal Borrowing 75 cents per net plus loan 1.15 The Carteret Library shall make payments as follows: 1. a.) During the first year of this lnterLocal Services Agreement, payments for the Dynix Maintenance shall be as follows: (i) the first payment shall be made upon the Effective Date and shall be prorated for the first quarter. (ii) Thereafter during the first year of this Interlocal Services Agreement the Carteret Library shall make substantially equal quarterly payments, prior to the beginning of the quarter (i.e, April 1st, July 1st, October lst) as applicable. b.) Starting with the second year of this Interlocal Services Agreement and continuing until its termination, payment for the Dynix Maintenance shall be paid in four substantially equal quarterly payments, in advance of the beginning of the quarter (i.e., January 1 st, April 1 st, July 1 st, October 1 st). 2. Payment for fees due the Woodbridge Library in connection with Reciprocal Borrowing shall be made on or before June 1 st of each year of this Interlocal Services Agreement. The parties agree that the June 1st payment during the first year of this Interlocal Services Agreement shall be pro-rated. 4 1.16 The parties agree that the rates set forth in section 1.14 of this Interlocal Services Agreement shall be subject to review annually, with any changes to the fee schedule to be agreed to by both libraries. 1.17 The Carteret Library at its sole cost and expense shall, at all times while this Agreement is in effect, keep in full force, for the mutual benefit of the Woodbridge Library and the Carteret Library, comprehensive, broad form, general public liability insurance providing for: 1) claims and liability for personal injury, death or property damage arising directly or indirectly from the Carteret Library's use, operation or maintain of the Dynix System; 2) combined single limits of liability and property damage not less than $500,000; 3) the insurance agreement shall be carried only by responsible insurance companies licensed to do business in the State of New Jersey. All such policies shall contain language to the effect that: (A) the insurer waives the right of subrogation against Woodbridge Library and against Woodbridge Library's agents and representatives; (B) the policies are primary and non-contributing with any insurance that may be carried by Woodbridge Library; and (C) they cannot be canceled or materially changed except upon thirty (30) days prior written notice by the insurer to Woodbridge Library. In the event of any such cancellation or material change, any agreement between Woodbridge Library and Carteret Library shall terminate, unless Carteret Library inunediately restores insurance coverage in accordance with this Agreement to the reasonable satisfaction of Woodbridge Library. The Carteret Library shall furnish Woodbridge Library with a certificate evidencing such insurance and naming Woodbridge Library as additional insured prior to the Commencement Date of the Agreement. Certificates of insurance issued to Woodbridge Library must contain the following language: Woodbridge Library, it's trustees, officials, officers and employees, are included as insured. 5 This coverage shall not be contributory. There shall be no subrogation against Woodbridge Library. No cancellation or material change shall be made without thirty (30) days written notice to the Woodbridge Library. 1.18 Carteret Library agrees to indemnify, defend and hold Woodbridge Library harmless from and against an>' and all claims, damages, actions, suits, causes of action costs and expenses including reasonable attorney fees), resulting from or in any way arising out of or alleged to have arisen out of performance of the use, operation, maintenance by the Carteret Library, including but not limited to actions by Carteret Library employees who perform the work, and Third Parties who perform maintenance work on behalf of the Carteret Library. I. 19 The Carteret Library and the Woodbridge Library and their employees, officers, officials and agents agree to co-operate with each other in the use of the Dynix System. 1.20 The Carteret Public Library agrees to pay to the Woodbridge Public Library an amount not to exceed five thousand dollars if it is determined that the addition often workstations creates a need to expand or upgrade the capacity of the central site computer at Woodbridge. The need for such expansion will be determined by Woodbridge at a reasonable time before Carteret is ready to come online. 2. WOODBRIDGE LIBRARY'S Obliaations.: 2.01 The Woodbridge Library shall allow the Carteret Library to connect to its Dynix System. 2.02 Woodbridge Library will carry out the duties of system administrator, who is responsible for performing all necessary tasks to maintain the performance of the central site equipment and Dynix software. The system administrator will act as the liaison to Ameritech in troubleshooting of Dynix related problems which occur at the Carteret Library. 6 2.03 Woodbridge Library. will assist Carteret Library in doing the pre-installation tasks required by the Ameritech Library Services to become a functional user of the Dynix Automated Library System. 2.04 The Woodbridge Library agrees to produce overdue notices and reports for the Carteret Library. Any costs for supplies and staff time needed in the production of the notices and reports will be mutually agreed to by both libraries. 3. Miscellaneoua: 3.01 Both libraries agree that the bibliographic records owned by Woodbridge Library will not be overlaid by those entered into the system by Carteret Library. This applies to the initial bibliographic data load and any future loading of Carteret's bibliographic records. Any special programming costs required to accomplish this will be borne by the Carteret Library. 3.02 Both libraries agree to lend materials to library card holders in good standing from each other's library free of charge. Reciprocal borrowing will start when Carteret Library begins circulating materials on the Dynix system. Rules and regulations governing reciprocal borrowing will be promulgated in a future document, with the mutual consent of both parties and will become a schedule to this Agreement. Any special programs and or software deemed necessary by both parties to implement reciprocal borrowing will be the responsibility of the Carteret Library. 3.03 This Agreement has a term often years. Each party has the right to terminate this Agreement at anytime, by providing a notice to withdraw one year prior to withdrawal. The effective date of this Agreement is January 1, 1999. 3.04 This Agreement shall not become effective until and unless approved by the Boards of Trustees of the Woodbridge Library and the Carteret Library and the governing bodies of the 7 Township of Woodbridge and Borough of Carteret. 3.05 ' This Agreement is expressly contingent upon the Chief Financial Officer of the Carteret Library certifying each year during the term of this Agreement that funds are available during that year of the term. 3.06 If any provisions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, such determination shall not affect any of the other provisions of this Agreement and such other provisions shall remain in full force and effect, lfany provisions of this Agreement shall be capable of two constructions, one of which would render the provisions valid and the other of which would render it invalid, then such provision shall have the construction and meaning which would render it valid. 3.07 This instrument, together with Schedules attached hereto (all of which shall be deemed part of this Agreement), contain the entire agreement and understanding between the parties hereto. No statements, representations, prior agreements or understandings not herein set forth shall have any force or effect. 3.08 Every notice, approval, consent or other communication authorized or required by this Agreement shall not be effective unless served in writing and sent by overnight carrier or United States registered or certified mail, return receipt requested, directed, if to Carteret Library at: 63 Carteret Ave., Carteret, New Jersey 07008 with copy to: and if to WOODBRIDGE LIBRARY at: George Frederick Plaza, Woodbridge, New Jersey 07095 with copy to: 8 Craig J. Coughlin, Esq., 555 Rt. 1 S., 4th FI., New Jersey 08830 or such other address as either party may designate by notice from time to time. IN WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the date first above written, which date shall be deemed to be and shall be referred to as the date of this Agreement: Attest: Woodbridge Library By: By: Attest: Carteret Library By: By: