HomeMy Public PortalAboutr 07:103
~ezDr1tftD1t Df tlf1~ ~orD1tg4 af ([urfrref1 tJ ~ 3J ~
No. 07-101
Date of Adoption
..
AUTHORIZING MAYOR TO EXECUTE A GRANT AGREEMENT
WITH THE COUNTY OF MIDDLESEX FOR IMPROVEMENTS
TO CIVIC CENTER SPORTS COMPLEX
WHEREAS, the County of Middlesex, ("County") has agreed to provide a sum of Five
Hundred Thousand Dollars ($500,000.00) from the County "Open Space, Recreation and
Farmland and Historic Preservation Trust Fund" to the Borough of Carteret ("Borough")
for improvements to the Civic Center Sports Complex; and
WHEREAS, as a condition to the provision of such monies the parties must enter into
formal Agreement setting forth the terms and conditions of said grant; and
WHEREAS, the Borough finds said grant to be desirable and is willing to accept the
same pursuant to the terms and conditions set forth in the attached Grant Agreement.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret as follows:
I. That the Mayor is hereby authorized and directed to execute the
attached Grant Agreement with the County of Middlesex on behalf
of the Borough.
2. That a copy of the executed Grant Agreement be forwarded to the
County of Middlesex as requested.
Adopted this 13th day of March, 2007
and certified as a true copy of the
original on March 14,2007.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
COUNCILMAN
RECORD OF COUNCIL VOTE
YES NO NY A.B. COUNCILMAN
X
YES NO NV A.B.
BEL
DIAZ
KRUM
x
x
x
x - Indicate Vote AS - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
David B. Crabiel
Freeholder Director
E/lI/3
Christopher D. Rafano
Chairman,
Department of Law and Public Safety
<>tephen J. Dalina
Deputy Director
Thomas F. Kelso
County Counsel
Camille Fernicola
H. James Polos
John Pulomena
Christopher D. Rafano
Blanquita B. Valenti
Freeholders
COUNTY OF MIDDLESEX
OFFICE OF THE COUNTY COUNSEL
MIDDLESEX COUNTY ADMINISTRATION BUILDING
John F. Kennedy Square, Room 230
New Brunswick, ~aR~rg~ 2~~Of
(732) 745-3228
FAX (732) 745-4539
"I
Hon. Daniel J. Reiman, Mayor
Borough of Carteret
61 Cooke Avenue
Carteret, New Jersey 07008-3046
BOROUGH OF CARTEREl
MAR (l 8 2001
Re:
Open Space Recreation Grant
OFFICE OF THE
MAYOR
Dear Mayor Reiman:
As you know, the Board of Chosen Freeholders, at its March 1, 2007 meeting,
adopted resolution #07-279 (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.
If you have any questions, please feel free to cont
. ARONOWITZ
eputy County Counsel
EMA:lf
Enclosures
3-c;-CJ"( fo
~.
a,*~
~~
/0
cc: Thomas F. Kelso, County Counsel
Ralph Albanir, Director of Parks and Recreation (w/enc.)
James T. Phillips, County Treasurer
AGREEMENT
THIS AGREEMENT made this 1st day of March 2007, between the COUNTY OF
MIDDLESEX, a municipal corporation of the State of New Jersey, having its principal
ffices 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
f New Jersey, having its principal offices at Memorial Municipal Building, 61 Cooke
venue, 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 Far/'T}land Preservation Trust
Fund"; and
WHEREAS, pursuant to N.J.S.A. 40:12-15.6, the governing body of any County
hich has established an "Open Space, Recreation and Farmland and Historic
Preservation Trust Fund" may, by resolution, distribute monies deposited therein to
unicipalities within the County to be used for purposes for which the Fund was
stablished; and
WHEREAS, the BOROUGH has submitted a proposal to the COUNTY in
onnection with the improvement and/or development of Green Acres Recreation Area,
hich includes: Improvements to Civic Center Park, including the construction of
dditional facilities, including the construction of three (3) synthetic turf fields, including
wo baseball/softball fields, and a multipurpose field, sports lighting, enhanced park
ntrances, amenities, sitting areas, walkways and dog park, as more fully set forth in the
eptember 19, 2006 correspondence of Mayor Daniel J. Reiman and Cost Estimate
repared by CME Associates dated September 14, 2006, attached hereto as Exhibit "A"
"Project"); and
WHEREAS, the COUNTY has evaluated said proposals and finds that they
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
mount of Five Hundred Thousand ($500,000.00) Dollars in accordance with the terms
nd 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
Five Hundred Thousand ($500,000.00) Dollars to be utilized for the Project set forth
bove and more fully described in the attached Exhibit "A". It is agreed and understood
hat 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
ubmission by the BOROUGH of a certified copy of the resolution or ordinance,
hichever 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
hereof to the County Director of Parks and Recreation.
2
3. The BOROUGH agrees that, in undertaking the Project, it shall comply
ith the "Local Public Contracts Law" (N.J.S.A. 40A:11-1 et seo.) and the "Prevailing
age Law" (N.J.S.A. 34:11-56.25 et seo.).
4. The BOROUGH acknowledges that the funds provided by the COUNTY
ereunder are to be used for purposes permitted by the "Open Space, Recreation and
armland and Historic Preservation Trust Fund". Should any of the COUNTY funds be
tilized for any other purpose or should the property upon which the Project is situated
ease to be used for open space and/or recreation purposes, then the BOROUGH shall
e required to return the full amount of the grant to the COUNTY.
5. The BOROUGH further agrees that the Project shall be completed within
wo (2) years from the date that this Agreement is executed by both parties. Should the
,
roject not be completed within two (2) years, or any extension which may be granted
y the COUNTY in its sole discretion, then the BOROUGH shall return to the COUNTY
hat portion of the grant which represents the percentage of the Project which remains
nfinished, as determined by the County Director of Parks and Recreation or the County
ngineer.
6. The BOROUGH shall ensure that compliance with the Americans With
isabilities Act (hereinafter referred to as the "ADA") is effected in the construction work
elated to the Project, as well as the BOROUGH's maintenance of the Project thereafter.
dditionally, the BOROUGH agrees to hold the COUNTY harmless from any and all
iolations of said ADA. The BOROUGH further agrees to make the Project available
ithout regard to race, color, gender, sexual orientation, religion or national origin.
3
7. The BOROUGH shall defend, indemnify and otherwise save harmless the
OUNTY, its agencies, departments, bureaus, boards, officials and employees from
ny and all claims or actions at law, whether personal injury, property damage or
iabilities, including the cost of defense which either arise from acts or omissions,
hether negligent or not of the BOROUGH, its employees, officials, contractors,
ubcontractors and/or agents in the design, development, planning, construction,
peration and/or maintenance of the Project, or which arise from any failure to perform
he obligations under this Contract or any improper performance.
8. The BOROUGH acknowledges that the COUNTY's sole obligation
ereunder 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
I
rder to effectuate the terms of this Agreement, including the adoption of all necessary
nstruments and the execution of all necessary documents.
10. This Agreement represents the entire Agreement between the parties, and
t shall only be modified through a subsequent written amendment approved by the
espective governing bodies of both parties.
11. This Agreement shall be interpreted and shall be governed by the laws of
he State of New Jersey.
12. This Agreement shall be binding upon the parties and their legal
epresentatives, successors and assigns.
4
IN WITNESS WHEREOF, the parties have caused this Agreement to be
xecuted by the proper corporate officers and have their proper corporate seals affixed
ereto, the day and year first above written.
TTEST:
argaret E. Pemberton, Clerk
oard of Chosen Freeholders
COUNTY OF MIDDLESEX
David B. Crabiel, Director
Board of Chosen Freeholders
BOROUGH OF CARTERET
5
EXHIBIT "A"
~'l
~
~ tzA-
~nrnug~ of QInrterEt
DANIEL J. REIMAN, MAYOR
If;w,(-ifl.'l fo.qt:fhcr fO(]lIiD n (]ctlc/" Cnl"to'ct
David B. Crabiel
Freeholder Director, Middlesex County
Middlesex County Administration Building
John F. Kennedy Square
75 Bayard Street, 1 st Floor
New Brunswick, NJ 08901
Re: Civic Center Park Improvements
Borough of Carteret
September 19, 2006
Dear Freeholder Director:
I am pleased to report to you that bids were received for the improvements to Civic Center Park
Project (copies enclosed). While the bids were favorable to the Borough, we are still short of our
required funding to complete the improvements. As you may recall, through your leadership, the
Borough secured a $500,000.00 allotment for Civic Center Park for the FY 2006.
We respectfully request an additional funding of $500,000.00 for FY 2007. At this time, the
Borough Council intends to award the contract at our upcoming Council Meeting in the amount of
2.319 million dollars. The additional $500,000.00 allotment for FY 2007 will enabre us to increase
the contract amount by the spring of 2007, enabling the Borough to complete the project.
As I am sure you are aware, the Park Improvements consist of the construction of three synthetic
turf fields, including two baseball/softball fields, and a multipurpose field, sports lighting,
enhanced park entrances, amenities, sitting areas, and walkways, and Dog Park. The park
enjoys high visibility being situated in the center of Town near the newly renovated Memorial
Municipal Building and the Borough Library and Community Center.
The completion of these improvements will greatly enhance the Civic Center area and is an
essential part of our goal toward building a better Carteret.
I wish to thank you again for all of your support, help, and leadership. You are a true friend to
Carteret.
Should you have any questions, or require additional information, please do not hesitate to
contact this office.
Enclosure
RECE~
OCT10
. IVllUOliSEX COON'fY
Cc: Gregory R. Valesl, PE OfPT. OF PARKS & RECREATION
Memorial Municipal Building . 61 Cooke Avenue . Corteret, New Jersey 07008
Tel: 732-541-3801 . Fax: 732-541-4989 . Email: mayor@carteret.net
www.carteret.net