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No. 04-251 Date of AdoptionAugus t 26, 2004
AUTHORIZING THE MAYOR TO EXECUTE THE CDBG
AGREEMENT
WHEREAS, the Borough of Carteret has been awarded a Community
Development Block Grant to assist with the remodeling and refurbishing of
the Borough Hall, more specifically to assist with the installation of an
elevator to make the building handicap accessible; and
WHEREAS, the Borough and the County of Middlesex need to
memorialize the terms and conditions of said grant in a formal agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of
the Borough of Carteret, County of Middlesex, State of New Jersey that the
Mayor and Appropriate Borough Officials are hereby authorized to execute
the CDBG Agreement for the installation of the elevator in the Borough
Hall.
BE IT FURTHER RESOLVED, that the appropriate Borough Officials
are hereby authorized and directed to take the necessary action to
implement said agreement.
Adopted this 26th day of August, 2004
and certified as a true copy of the
original on August 2ih, 2004.
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KATHLEEN M. BARNEY,
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
KRUM X RIOS X
NAPLES X SITARZ X
PARISI X SOSNOWSKI X
x - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council / AUGUST 26, 2004
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MIDDLESEX COlJNTY
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TEL (í32) 541-3800
FA-X (732) 541-8925
OFFICE OF
THLEEN M. BARNEY, RMC/CMC MEMORANDUM 61 COOKE AVENUE
MUI'\ICIPAL CLERK CARTERET, NEW JERSEY 07008
TO: PAUL BUCKLEY
PUBLIC HOUSING AGENCY
HOUSING AND COMMUNITY DEVELOPMENT
MIDDLESEX COUNTY ADMINISTRATION BUILDING
JOHN F. KENNEDY SQUARE
NEW BRUNSWICK, NJ 08901
DATE: AUGUST 30, 2004
FROM: KATHLEEN M. BARNEY, RMC/CMC
SUBJECT: AUTHORIZING THE MAYOR TO EXECUTE THE CDBG
AGREEMENT.
ENCLOSURER: CERTIFIED COpy OF RESOUTION #04-251 AND
THREE COPIES OF THE AGREEMENT.
KMB/kmc
cc: STEPHEN BRAME
TREASURER
PURCHASING
~(w/copy of agreement)
~T, madethis ¿:¿~ --b6 day of
, 2004, between the COUNTY OF MIDDLESEX, a
municipal corporation of the State of New Jersey, having its principal offices at
Kennedy Square, City of New Brunswick, County of Middlesex, State of New
Jersey, hereinafter called the "County"; and BOROUGH OF CARTERET, having its
principal office at 61 Cooke Avenue, Carteret, County of Middlesex, State of New
Jersey, hereinafter called "Borough";
WITNESSETH
WHEREAS, the Borough is a municipal corporation, which is qualified to
receive public funds under Title I of the Housing and Community Development Act
of 1974, for the purpose of installation of an elevator for ADA compliance; and
WHEREAS, the Middlesex "Urban County" Housing and Community
Development Committee has reviewed and recommended approval to the County
Board of Chosen Freeholders, a proposal from the Borough for the improvements not
to exceed $50,000; and
WHEREAS, Title II of the Americans with Disabilities Act (ADA) requires
that all programs, services and activities, which are contracted out by a governmental
entity, must be accessible to a person with disabilities. The Borough will comply
with the provisions of Title II of the ADA. The Borough will submit a written plan to
the County, which describes the method in which County funded programs, activities
or services will be provided to a disabled individual, as defined in the Act. Said plan
must be submitted to the Middlesex County Department of Housing and Community
Development prior to the execution of this contract. The agency further ensures that
it will not discriminate against disabled persons in any aspect employment, inclusive
of the application process, hiring, training, advancement and wages, benefits or
employer-sponsored Borough social activities; and
WHEREAS, an agreement is necessary to set forth the terms under which the
County will pay said moneys;
NOW, THEREFORE, in consideration ofthe payment of said moneys and the
services to be rendered, the parties hereto do mutually promise, covenant and agree as
follows:
1. The County shall pay to the Borough a sum not to exceed $50,000, and the
County Treasurer shall be authorized to issue drafts in accordance with this
paragraph, upon submission of vouchers for work performed and approved,
it being understood that said funds shall be utilized to foster and aid the
projects hereinafter enumerated.
2. The Borough will install an elevator at their municipal building at 61 Cooke
Avenue. Fifty thousand ($50,000.00) dollars will be used for said
improvements.
3. The Borough does further agree to submit an audited statement showing in
detail the items of funds received and disbursed during the preceding fiscal
year, pertaining to this project. Said statement is to be submitted within
thirty (30) days ofthe end ofthe program year, June 30, 2005, or no later
than July 31, 2005.
4. The Borough agrees to submit any additional programmatic or financial
reports, as may be reasonably requested by the County for their purposes of
monitoring the performance of the requirements ofthis contract.
5. Should the County determine that any payments made to the Borough were
not used for eligible activities, said payment or portions thereof shall be
refunded to the County.
6. The Borough shall comply with standards for Grantee Financial
Management Systems and Audit Requirements for State and Local
Governments (OMB Circular A-133), which are incorporated by reference.
7. The County shall have the right to review all financial records maintained
by the Borough in relation to said project.
8. All purchases made by said Borough shall conform with OMB Circular A-
102 Procurement Standards, which are incorporated into this agreement by
reference.
9. Any changes in the project must be approved in writing by the proper
County officials.
10. The Borough agrees to permit an authorized County representative to visit
its facilities and operations for service evaluation purposes.
11. The Borough agrees to provide said services without regard to the race,
religion, color, age, gender, sexual orientation, handicap, familial status or
national origin of the applicant or recipient of services.
12. The obligations of the County are subject to the appropriation and
availability of sufficient funds, pursuant to N.J.S.A. 40A:4-87.
13. The Borough shall hold and save the County, its officers, agents and
employees harmless from liability of any nature or kind, including costs
and expenses, for or on account of any suits or damages sustained by
persons or property resulting in whole or in part from the negligent
performance or omission of any employee, agent of said Borough.
14. The Borough shall not assign any interest in this agreement without the
prior written consent of the County.
15. The Borough shall make its services accessible to the handicapped,
disabled and senior citizens.
16. The County may suspend, withhold or tenninate payment of the said
project in whole or in part for the following reasons:
A. Improper use of project funds.
B. Failure to comply with the terms and conditions of this agreement.
C. Failure to comply with all conditions imposed by the United States
Department of Housing and Urban Development.
D. If the carrying out of the tenns of this agreement is rendered impossible
for any reason including changes in Federal Law or the unavailability
funds from the United States Department of Housing and Urban
Development necessary for continuation of the project.
17. The Borough shall comply with all applicable Federal laws and regulations
including, but not limited to:
Executive Order 11063
Executive Order 11593
Federal Labor Standards Provisions
The Civil Rights Act of 1968
National Environmental Policy Act of 1969
Flood Disaster Protection Act of 1973 (PL 93-234)
BUD Lead-based Paint Poisoning Prevention Act,
24 CFR, Part 34
Clean Air Act, as amended, 42 USC 1857, et seq.
Archeological and Historic Preservation Act of 1974
Architectural Barriers Act of 1968
Hatch Act
Federal Water Pollution Control Act, as amended, 33 USC 1251, et seq.
National Flood Insurance Program
18. This Agreement shall be effective for one year from this date.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their proper corporate officers the day and year first above written.
ATTEST: COUNTY OF MIDDLESEX
Margaret Pemberton, Clerk David B. Crabiel
Freeholder Director
-
~NT, madethis ¿:¿~ --b6 day of
, 2004, between the COUNTY OF MIDDLESEX, a
municipal corporation of the State of New Jersey, having its principal offices at
Kennedy Square, City of New Brunswick, County of Middlesex, State of New
Jersey, hereinafter called the "County"; and BOROUGH OF CARTERET, having its
principal office at 61 Cooke Avenue, Carteret, County of Middlesex, State of New
Jersey, hereinafter called "Borough";
WITNESSETH
WHEREAS, the Borough is a municipal corporation, which is qualified to
receive public funds under Title I of the Housing and Community Development Act
of 1974, for the purpose of installation of an elevator for ADA compliance; and
WHEREAS, the Middlesex "Urban County" Housing and Community
Development Committee has reviewed and recommended approval to the County
Board of Chosen Freeholders, a proposal from the Borough for the improvements not
to exceed $50,000; and
WHEREAS, Title II of the Americans with Disabilities Act (ADA) requires
that all programs, services and activities, which are contracted out by a governmental
entity, must be accessible to a person with disabilities. The Borough will comply
with the provisions of Title II of the ADA. The Borough will submit a written plan to
the County, which describes the method in which County funded programs, activities
or services will be provided to a disabled individual, as defined in the Act. Said plan
must be submitted to the Middlesex County Department of Housing and Community
Development prior to the execution of this contract. The agency further ensures that
it will not discriminate against disabled persons in any aspect employment, inclusive
of the application process, hiring, training, advancement and wages, benefits or
employer-sponsored Borough social activities; and
WHEREAS, an agreement is necessary to set forth the terms under which the
County will pay said moneys;
NOW, THEREFORE, in consideration of the payment of said moneys and the
services to be rendered, the parties hereto do mutually promise, covenant and agree as
follows:
1. The County shall pay to the Borough a sum not to exceed $50,000, and the
County Treasurer shall be authorized to issue drafts in accordance with this
paragraph, upon submission of vouchers for work performed and approved,
it being understood that said funds shall be utilized to foster and aid the
projects hereinafter enumerated.
2. The Borough will install an elevator at their municipal building at 61 Cooke
Avenue. Fifty thousand ($50,000.00) dollars will be used for said
improvements.
3. The Borough does further agree to submit an audited statement showing in
detail the items of funds received and disbursed during the preceding fiscal
year, pertaining to this project. Said statement is to be submitted within
thirty (30) days ofthe end of the program year, June 30, 2005, or no later
than July 31,2005.
4. The Borough agrees to submit any additional programmatic or financial
reports, as may be reasonably requested by the County for their purposes of
monitoring the performance of the requirements ofthis contract.
5. Should the County determine that any payments made to the Borough were
not used for eligible activities, said payment or portions thereof shall be
refunded to the County.
6. The Borough shall comply with standards for Grantee Financial
Management Systems and Audit Requirements for State and Local
Governments (OMB Circular A-133), which are incorporated by reference.
7. The County shall have the right to review all financial records maintained
by the Borough in relation to said project.
8. All purchases made by said Borough shall conform with OMB Circular A-
102 Procurement Standards, which are incorporated into this agreement by
reference.
9. Any changes in the project must be approved in writing by the proper
County officials.
10. The Borough agrees to permit an authorized County representative to visit
its facilities and operations for service evaluation purposes.
11. The Borough agrees to provide said services without regard to the race,
religion, color, age, gender, sexual orientation, handicap, familial status or
national origin of the applicant or recipient of services.
12. The obligations ofthe County are subject to the appropriation and
availability of sufficient funds, pursuant to NJ.S.A. 40A:4-87.
13. The Borough shall hold and save the County, its officers, agents and
employees harmless from liability of any nature or kind, including costs
and expenses, for or on account of any suits or damages sustained by
persons or property resulting in whole or in part from the negligent
performance or omission of any employee, agent of said Borough.
14. The Borough shall not assign any interest in this agreement without the
prior written consent of the County.
15. The Borough shall make its services accessible to the handicapped,
disabled and senior citizens.
16. The County may suspend, withhold or terminate payment of the said
project in whole or in part for the following reasons:
A. Improper use of project funds.
B. Failure to comply with the terms and conditions of this agreement.
C. Failure to comply with all conditions imposed by the United States
Department of Housing and Urban Development.
D. Ifthe carrying out of the terms of this agreement is rendered impossible
for any reason including changes in Federal Law or the unavailability
funds from the United States Department of Housing and Urban
Development necessary for continuation of the project.
17. The Borough shall comply with all applicable Federal laws and regulations
including, but not limited to:
Executive Order 11063
Executive Order 11593
Federal Labor Standards Provisions
The Civil Rights Act of 1968
National Environmental Policy Act of 1969
Flood Disaster Protection Act of 1973 (PL 93-234)
BUD Lead-based Paint Poisoning Prevention Act,
24 CFR, Part 34
Clean Air Act, as amended, 42 USC 1857, et seq.
Archeological and Historic Preservation Act of 1974
Architectural Barriers Act of 1968
Hatch Act
Federal Water Pollution Control Act, as amended, 33 USC 1251, et seq.
National Flood Insurance Program
18. This Agreement shall be effective for one year from this date.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
sigr¡ed by their proper corporate officers the day and year first above written.
ATTEST: COUNTY OF MIDDLESEX
Margaret Pemberton, Clerk David B. Crabiel
Freeholder Director
~
. Reiman, Mayor
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David B. Crabiel Camille Fernicola
Freeholder
Freeholder Director
Stephen J. Dalina John A, Sully
Deputy Director Executive Director
Jane Z. Brady (732) 745-3025
Camille Fernicola COUNTY OF MIDDLESEX FAX (732) 745-4117
H. James Polos
John Pulomena PUBLIC HOUSING AGENCY
Christopher D. Rafano HOUSING AND COMMUNITY DEVELOPMENT
Freeholders
MIDDLESEX COUNTY ADMINISTRATION BUILDING
JOHN F. KENNEDY SQUARE
NEW BRUNSWICK, NEW JERSEY 08901
~\. \\
July 21, 2004
Stephen C. Brame, Esq.
Carteret Community Development Program
61 Cooke Avenue
Carteret, NJ 07008
Re: County of Middlesex/Borough of Carteret
CDBG Grant: $50,000.00
Dear Mr. Brame:
Enclosed please find three originals of the agreement in the above
captioned matter.
please arrange have a Council Resolution adopted authorizing the
principals on the last page to execute the agreement.
After this Council Resolution is passed please have all three documents
originally executed by the principals. please also be sure to affix the
Borough's Seal thereto.
When the above has been accomplished, kindly return all three documents
and the Council Resolution to me, so that I may place the same on the next
available Freeholders' meeting agenda for execution by the Freeholder
Director.
Please take note of the attached Middlesex County Housing and Community
Development Committee policies on this discretionary grant.
If you have any questions please do not hesitate to contact me at 732-745-
3950.
Sinc7rel~
iA I :;¿
Patll Buckley
Senior Progr m Monitor
Community Development
Middlesex County 1-1 C D GommìUee poiic:es on discretionar¡ grants:
1. Discretionar¡ grants are to be used only ior the project for which they were initially requesied
2. If all of a discretionary grant is net needed or cannet be used fer the original purpose, the
remainder aUiomatically returns to the discretionarj fund to be reallocated by the HCD Committee to
other projects. No action by the Committee is necessary.
3. All discretionary grantiunds must be used and billed to the County by 31 March of the progrem
year for which they were granted, i.e., within nine months after the 1 July siart of the program year
4. Any entity, whether non-profit agency or municipality, which asks for and receives a discretionary
grant, is thereby certifying that it can use and bill the complete amount oi grant funds by 31 March.
Le., within the first nine months of the program year s<arting 1 July, and that it further understands
that any funds not spent and billed within this period wili auiomaiicaily be returned for reallocation to
other projects. No action by the Committee is necessary.
5. if a discretionary grantee believes that matters beyond its control resulted in its inability to meet the
31 March deadline, it may petition the Committee for a three month extension of the deadline, to 30
June. Only one such extension will be granted.