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HomeMy Public PortalAboutr 04:251 ~ ~cgnrutintt n£ tqc ~nrnu£q n£ QIartcrct1 ~. Jj. 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. /' /' ~',-I , t~vt:~¿.;t- t , 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 h ~ J- ~~_ //7..- /-/".-~ ~ /7ß , ~//, ~/ ""f ,/ 'CLERK \J - 2ßarau£4 af Q1¡rf£r£f MIDDLESEX COlJNTY J:'Qrfu 3J !'rs£!;! 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 ~f/ dJj-J6J 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.