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Home My Public Portal Aboutr 04:268 2Rc£\oluthm of t4c lßoroug4 of Q1artcrd, ~~ ]~ No. 04-268 Date of Adoption Augus t 26, 2004 RESOLUTION AUTHORIZING OPEN SPACE, RECREATION AND FARM LAND AND HISTORIC PRESERVATION TRUST FUND GRANT AGREEMENT WITH THE COUNTY OF MIDDLESEX WHEREAS, the County of Middlesex has agreed to provide funding to the Borough from the County Open Space, Recreation and Farmland and Historic Preservation Trust Fund in the amount one hundred fifty thousand dollars ($150,000.00); and WHEREAS, the purpose of said grant is for the improvement and/or development of a Green Acres Recreation area to include: Waterfront Park, Phase II Improvements, including the installation of a new floating dock, fixed timber platform and gangway system on the northern side of Veteran's Memorial Pier; and WHEREAS, the Borough and the County 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 that the Open Space Recreation and Farmland Preservation Trust Fund Agreement with the County of Middlesex is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the Borough and the appropriate officials are further authorized and directed to take the necessary action to implement the terms of said agreement. Adopted this 26th day of August, 2004 and certified as a true copy of the original on August 2ih, 2004. RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUM X RIGS y 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 2~OO4 ~~ ~~7 ,/ - CLERK C/. ~DrDu£4 Df Ctkrrf:er:ef MIDDLESEX COliNTY ;Wew 3J rrsl'~ TEL (ï32) 541-3800 MEMORANDUM FA.X (732) 541-8925 OfFICE Of A,THLEEN 1\1. BARNEY, RMC/CMC 61 COOKE AVENUE MUNICIPAL CLERK CARTERET, NEW JERSEY 07008 TO: ERIC M. ARONOWITZ COUNTY OF MIDDLESEX OFFICE OF THE COUNTY COUNSEL MIDDLESEX COUNTY ADMINISTRATION BUILDING JOHN F. KENNEDY SQUARE, ROOM 230 NEW BRUNSWICK, NJ 08901 DATE: AUGUST 27, 2004 FROM: KATHLEEN M. BARNEY, RMC/CMC SUBJECT: RESOLUTION AUTHORIZING OPEN SPACE, RECREATION AND FARM LAND AND HISTORIC PRESERVATION TRUST FUND GRANT AGREEMENT WITH THE COUNTY OF MIDDLESEX. ENCLOSURER: CERTIFIED COpy OF RESOLUTION #04-268. (Also includes three original contracts) KMB/kmc cc: TREASURER PURCHASING FILE David B. Crablel Christopher D. Rafano Freeholder Director Chairman, Department of Law and Public Safety Stephen J. Dalina Deputy Director Thomas F. Kelso County Counsel Jane Z. Brady Camille Fernicola COUNTY OF MIDDLESEX (732) 745-3228 H. James Polos FAX (732) 745-4539 John Pulomena OFFICE OF THE COUNTY COUNSEL Christopher D. Rafano MIDDLESEX COUNTY ADMINISTRATION BUILDING Freeholders John F. Kennedy Square, Room 230 New Brunswick, NJ 08901 l\ '~; fir ' : ~ (,.¡ ~ i August 24, 2004 Hon. Daniel J. Reiman, Mayor Borough of Carteret Memorial Municipal Building 61 Cooke Avenue Carteret, New Jersey 07008 Re: Open Space Recreation Grant Dear Mayor Reiman: As you may know, the Board of Chosen Freeholders, at its August 19, 2004 meeting, adopted resolution #04-130 I (a copy of which I am enclosing for your information), This resolution authorized the execution of a grant agreement with the Borough for the purposes set forth therein, In connection therewith, please find an original and two (2) copies of said agreement for execution by you. Please return the executed agreements to this office, together with a certified copy of the Borough resolution or ordinance, whichever is appropriate, which authorizes the execution of the agreement with the County. Thereafter, this office will forward the agreement to the Freeholder Director so that he may execute the agreement on behalf of the County. RONOWITZ ty County Counsel EMA:lf Enclosures cc: Thomas F. Kelso, County Counsel Ralph Ablanir, Director of Parks and Recreation James T. Phillips, County Treasurer AUTHORIZE EXECUTION OF GRANT AGREEMENT WITH BOROUGH OF CARTERET UNDER MIDDLESEX COUNTY OPEN SPACE, RECREATION AND FARMLAND AND HISTORIC PRESERVATION TRUST FUND FOR CONSTRUCTION AND/OR IMPROVEMENTS TO MUNICIPAL FACILITIES AS FOLLOWS: WATERFRONT PARK - t\-X ZJ)\ PHASE II - $150,000.00 WHEREAS, this Board, pursuant to NJ.S.A. 40:12-15.1 et seq., has previously established the "Open Space, Recreation and Falluland and Historic Preservation Trust Fund"; and WHEREAS, pursuant to NJ.S.A. 40:12-15.6, the governing body of any county which has established an "Open Space, Recreation and Farmland and Historic Preservation Trust Fund" may, by resolution, distribute monies deposited therein to municipalities within the County to be used for purposes for which the Fund was established; and WHEREAS, various municipalities have submitted proposals to the County for the improvement and/or development of municipal recreation facilities; and WHEREAS, by letter dated August 2, 2004, the Director of Parks and Recreation, after reviewing the various proposals submitted, has recommended that the proposal of the Borough of Carteret be accepted as follows: Waterfront Park - Phase Il- $150,000.00 Installation of a new floating dock, fixed timber platform and gangway system on the northern side of Veteran's Memorial Pier. WHEREAS, said Director advises that said project must be completed within two (2) years from the date of the execution of a grant contract; and WHEREAS, this Board, after reviewing said recommendation, wishes to approve said agreement with the aforesaid municipality; NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders of the County of Middlesex that the County shall be and is hereby authorized to enter into a grant agreement in the amount of $150,000.00, in a fom1 acceptable to the County Counsel, with the Borough of Carteret in connection with the construction and/or improvements of municipal recreational facilities as described above, under the "Open Space, Recreation and Fam1land and Historic Preservation Trust Fund"; BE IT FURTHER RESOLVED that the Director of this Board shall be and is hereby authorized to execute said grant agreement on behalf of the County of Middlesex and the Clerk of this Board shall be and is hereby directed to attest said grant agreement and affix thereto the corporate seal of the County of Middlesex; - - BE IT FURTHER RESOLVED that said project shall be completed within two (2) years from the date of the execution of the grant agreement; BE IT FURTHER RESOLVED that the Clerk of this Board shall forward certified copies of this resolution to the County Treasurer, County Comptroller, Director of Parks and Recreation and the Borough of Carteret. CAMILLE FERNICOLA, CHAIRPERSON COMMITTEE OF ENGINEERlNG AND PLANNING DATED: August 19,2004 Þ Approved as to form and legality: First Deputy Cou ty Counsel AGREEMENT THIS AGREEMENT made this 19th day of August, 2004, between the COUNTY OF MIDDLESEX, a municipal corporation of the State of New Jersey, having its principal offices at John F. Kennedy Square, in the City of New Brunswick (hereinafter known as "COUNTY") and the BOROUGH OF CARTERET, a municipal corporation of the State of New Jersey, having its principal offices at 61 Cooke Avenue, Carteret, New Jersey (hereinafter known as "BOROUGH"), WITNESSETH: WHEREAS, the COUNTY, pursuant to N.J.S.A. 40:12-15.1 et seq., has previously established the "Open Space, Recreation and Farmland Preservation Trust Fund"; and WHEREAS, pursuant to N.J.S.A. 40:12-15.6, the governing body of any County which has established and "Open Space, Recreation and Farmland and Historic Preservation Trust Fund" may, by resolution, distribute monies deposited therein to municipalities within the County to be used for purposes for which the Fund was established; and WHEREAS, the BOROUGH has submitted a proposal to the COUNTY in connection with the improvement and/or development of Green Acres Recreation Area, which includes: Waterfront Park, Phase II Improvements, including the installation of a new floating dock, fixed timber platform and gangway system on the northern side of Veteran's Memorial Pier, as more fully set forth in the estimate of Reicon Group, LLC, attached hereto as Exhibit "A" ("Project"); and WHEREAS, the COUNTY has evaluated said proposal and finds that it meets the purposes for which monies deposited in the "Open Space, Recreation and Farmland and Historic Preservation Trust Fund" may be utilized; and WHEREAS, the COUNTY wishes to provide funding to the BOROUGH in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars in accordance with the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises and covenants between the parties herein and contained herein, the COUNTY and the BOROUGH do hereby agree as follows: 1. The COUNTY shall provide a grant to the BOROUGH in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars to be utilized for the Project set forth above and more fully described in the attached Exhibit "A". It is agreed and understood that the grant shall be used to offset the cost of the Project and for no other purposes. 2. The COUNTY shall make payment to the BOROUGH upon the submission by the BOROUGH of a certified copy of the resolution or ordinance, whichever is appropriate, authorizing the execution of this contract and an executed County voucher for the amount of the Grant. Upon completion of the Project, the BOROUGH shall submit a certification from the Municipal Engineer of the as-built costs thereof to the County Director of Parks and Recreation. 3. The BOROUGH agrees that, in undertaking the Project, it shall comply with the "Local Public Contracts Law" (N.J.S.A. 40A:11-1 et seq.) and the "Prevailing Wage Law" (N.J.S.A. 34: 11-56.25 et seq.). 2 4. The BOROUGH acknowledges that the funds provided by the COUNTY hereunder are to be used for purposes permitted by the "Open Space, Recreation and Farmland and Historic Preservation Trust Fund". Should any of the COUNTY funds be utilized for any other purpose or should the property upon which the Project is situated cease to be used for open space and/or recreation purposes, then the BOROUGH shall be required to return the full amount of the grant to the COUNTY. 5. The BOROUGH further agrees that the Project shall be completed within two (2) years from the date that this Agreement is executed by both parties. Should the Project not be completed within two (2) years, or any extension which may be granted by the COUNTY in its sole discretion, then the BOROUGH shall return to the COUNTY that portion of the grant which represents the percentage of the Project which remains unfinished, as determined by the County Director of Parks and Recreation or the County Engineer. 6. The BOROUGH shall ensure that compliance with the Americans With Disabilities Act (hereinafter referred to as the "ADA") is effected in the construction work related to the Project, as well as the BOROUGH's maintenance of the Project thereafter. Additionally, the BOROUGH agrees to hold the COUNTY harmless from any and all violations of said ADA. The BOROUGH further agrees to make the Project available without regard to race, color, gender, sexual orientation, religion or national origin. 3 ---------- 7. The BOROUGH shall defend, indemnify and otherwise save harmless the COUNTY, its agencies, departments, bureaus, boards, officials and employees from any and all claims or actions at law, whether personal injury, property damage or liabilities, including the cost of defense which either arise from acts or omissions, whether negligent or not of the BOROUGH, its employees, officials, contractors, subcontractors and/or agents in the design, development, planning, construction, operation and/or maintenance of the Project, or which arise from any failure to perform the obligations under this Contract or any improper performance. 8. The BOROUGH acknowledges that the COUNTY's sole obligation hereunder and in connection with the Project is the provision of the aforesaid grant. 9. The parties agree to undertake all necessary actions which are required in order to effectuate the terms of this Agreement, including the adoption of all necessary instruments and the execution of all necessary documents. 10. This Agreement represents the entire Agreement between the parties, and it shall only be modified through a subsequent written amendment approved by the respective governing bodies of both parties. 11. This Agreement shall be interpreted and shall be governed by the laws of the State of New Jersey. 12. This Agreement shall be binding upon the parties and their legal representatives, successors and assigns. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the proper corporate officers and have their proper corporate seals affixed hereto, the day and year first above written. ATTEST: COUNTY OF MIDDLESEX Margaret E. Pemberton, Clerk David B. Crabiel, Director Board of Chosen Freeholders Board of Chosen Freeholders ATTEST: 5 EXHIBIT "A" ';1 J (a" , ',< ",', '* ,~-¡ ,~,~?,. , ···~~6·H_' .... LiLC ." . .... I ~!;~"'~~,¡;~~;~~¿W<Ïorr . , ';,' ': ~ '~:;:;I.tlRkh>O'Ò!d~.,~¡j~n>t\D3D2 '~'~:~~~~W~~rli¡¡;ti¡'~.lAf;1J' . '.'~.....>~:'. '. TI'~~1)n~·Ù6~it!·iÜð1:'JiP¡';i~j!~:éi~Ù _'. ... . '.., '~I~59cîat~ .,.' . ,..,......~- .~., : - '.~U.;:lr "f'" ·~1.~ ". ',:.-.. . . .. '·~~~r· . tf14J'QV148 2791 .:'.:" ",":.'., '.~... .'. oW -~. .. .' ....,. '- .' i;i,j'~,',,)¡0~1~~á~ ' " ," .. ;.:.',..... ·;··:.,~~ëe.;'· .~rthut:J(1Jl Wa~d(Dø~ccr~ation.=A't~ . -...... '~-~J~~~~':\". .: .~dítmnái;F~o.alWJjoçJdl1itallati-o~.· .:..J~1t_~~t : ·290¡~ . .. ',. . , . .¡.:\~~~f:~ve: , ;. :.. ~. ::: ' .'~ I'··~ . . . . .,' N~nt to ·.our, recent tt.lc;~b.~ne CQ;1-V(.f&at!Onl,· ).e~c.Qn 'qX'Q~P. LLC offe)':s heIe!I1.· a. p¡:opo~~l .fo( ~l~tion of <l se:oond f!.oating dock 'Y~tem for ~c"~DÍ1h cr14 of th~ 'recreation pier At tbcd~déton¿ed '3;;'{'¡îJ';~å,F 0Ii. Our uDð...ro.nð¡~.1 Y"Ul~~~~~ >!). fri¡loWiÚg ¡"",G'" i~!OW: .".,: . .: . :.':.~", . l '.'.:~Þ~69n,at'9~.LU: r~G')Off~r~ TheBo¡;ö~~Qf.-Cj.rt~e\~. ·w ("own~1'"y ·~.prqpo'# fortb~ . ;~t~1:~èi0P.o(1\ieCQnd flOòLting dock.gtÞgwl1ý.fix~d.ÜriitJêipltûotm ';'1ichacçefi·ilÎa.Inp~ï.W'v~ , . .Ji~~~ ~I?~~~i~. ..TlµI.: ('.~op~~~ ~~s]~del~e ~q$~.1~~\~p~~j¡ion. labor, materiá\&~~jpnieÏ1t. and . ., ·;~.~~e-;{~ ~~ ~he ne¿oQta~y ~hrk,.. e~cept ~:.1.}~~d,_ ,: . '. ' . . '.'T;!1~~"~~~.~~.¡~:~;~~9rthj.~;~ih~..tortb. ~ øfW,*.~.,RO _:';.:~!:~r~~':~~:!t~,~(lm~~o"ur g~p~al te~.~-..~:.~nt:~g;_ The scopeafwork,~x¡;iU5}.o"U.. and .."~}::'~~~'~:~~~ ';;:i'h<Y~(';i(('!~;::t:~II~iii1í~i¡4:~Fm_.. . ._,___u_.__... U".__'__' ,i: . . .- f' .' ,".. WcJEqgineer', Maste['Moch8rtic'~Ta¡msI~{f..Dtémen. etc, ·Sûi·etfBåoo¡·. '. ...-.' .... 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Vol~dli~¡.Steel ·pi'p~ . pÜ~~ :ëÓ~t~'!âr :the floatq :døck.rQ ~bJ.¡ëd .'i)i1 $10 ¡OOf! L' . Inl1\e eventthcp~rt::Ïia~e .ptic~ eJ:c~¥Š ,S7():ì:)()f1f~,th¿· additiol1al co,tWUl be bÜled . at l~Y(jlc~Vá,~U~.:Ir..tee' pipe pilesgtc4nc, JI. like c;t~iiaíÍ10ÙJlt ""U,I.: be di&counfed fròmthis propos:a1. .' , ';":' ' .. .-' , . . . . . ., . . ;~,ÑCJ~¡~na~kingforf1o:tt, plJ.ttòrm &J1li plattonp.ratri~is~~~them yellow pine treated with ,6G pef . . ',.., r.c~,tç:~~'p~~e.ry~~¡Ve". . ...... . .. . . ,...' ,. ........- .-- :-::'." .'. :', . ',:" ..' ,::':': " ','.. -.' . . ,rl~Î1.eJec1~ft¢'lO ~tact'th.e Undª~ti#Jd,at 718..S16--8J,ð7,ityoti have an)' que!;f,iOn,. Thank YDufot ;;~.~toQff#·P'~~~~'~~rrajeo7' . .... ....... ... '.. .....: ··PlÇ0N-GR.QUP.LLC ·::1,·.'·,..·.--..,·.:·:· ",-...-...,.- ., ft!~1.~ . ,,: '-.. ,". ":: ':-".' ".:. .' . . . '.: '.' '.....;, '.' i.. -' " ,:..' . ':.' ..... - ':." /,:: . ," .n ;',:........; .:" :.:::.... . '.' _..' , _ ,_',.,. " . ...- ., >~icþ#kdt.·~ ... . :it\&Q&1 ,.. .. ~.'lI\c~ .tpic:,~òµt - .. .,:','.:!' . ',-:':'~: ......, . '.':..';':- . . - . . ' ... " lU~tdf'tBJÜmrUeáQoI94 TOTAL P.03 £G'd 017:0T 170a¿ 17¿ 6ntf TS£¿-SI7¿-¿£¿:XP~