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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