DIVISION OF LOCAL GOVERNMENT SERVICES SHARED SERVICES AGREEMENT COVER SHEET

Transcription

1 DIVISION OF LOCAL GOVERNMENT SERVICES SHARED SERVICES AGREEMENT COVER SHEET PROVIDER: Borough of Fairview COUNTY: Bergen Borough of Cliffside Park RECI PI ENT: Borough of Fairview Borough of Cliffside Park COUNTY: Bergen BRIEF DESCRIPTION OF SERVICE: Bulk purchase of fuel and cooperative use of Public Works equipment, materials, supplies, and services. EFFECTIVE DATE: February, 2014 EXPIRATION DATE: 2021 Please submit this cover sheet with shared service agreement either via to or hard copies may be mailed to the Division of Local Government Services at PO Box 803, Trenton, NJ Mailed correspondence should be sent to the attention of Shared Services.

2 ... SHA.RED SERVICES AGREE:M:ENT BETWEEN THE BOROUGH OF CLIFFSIDE AND THE BOROUGH OF FAIRVIE,V For the Shared Use of Certain Department of Public Vvorks Facilities, Equipment and Services..

3 TillS INTERLOCAL AGREEMEl'\'T entered into this'dl day of February, 2014, (hereinafter referred to as the "Agreement"), by and between the Borough of Cliffside Park (hereinafter referred to as "Cliffside Parle"), having an address of 525 Palisade Avenue, Cliffside Park, New Jersey 07010, and the Borough of Fairview (hereinafter referred to as "Fairview"), having an address of 59 Anderson Avenue, Fairview, New Jersey (also known collectively as the "Parties" or the "Boroughs"). WHEREAS this Agreement is entered into pursuant to the Uniform Shared Services and Consolidation Act, NJ.S.A. 40A:65-1 et seq, and it is the intent of the Parties hereto that the provision of this Agreement shall be construed to give full effect to the legislative intent expressed herein; and WHEREAS, the governing bodies of Cliffside Park and Fairview deem it to be in the best interests of the residents of their respective communities to enter into this Agreement to provide for <U1 economical and logistically efficient bulk purchase of fuel and cooperative use of Public Works equipment and services; and WHEREAS, an Interlocal Agreement may be entered into without competitive bidding pursuant to the Interlocal Service Act, N.J.S.A. 40:8A-l and Local Public Contracts Law, N.J.S.A. 40A:11-5(21); and W1IEREAS, the Parties currently and collectively share a common municipal boundary, share including but not limited to, emergency mutual aid, recreation programs and Fairview's children attend the Cliffside Park High School; and WHEREAS, CliffsidePark maintains one of its Department of Public Works facilities at 688 West Prospect Avenue, Fairview, New Jersey ("West Prospect DPW") WHEREAS, Fairview and Cliffside Park will contemporaneously enter into a PILOT which will govern Cliffside Park's payment of service charges in lieu of taxes ("PILOT") for Cliffside Park's ownership arid use of the West Prospect DPW; 1

4 -. WHEREAS, the Parties have agreed that they can further benefit from cost-sharing at Cliffside Park's other DPW Facility, located at Main Street, Cliffside Park, New Jersey (the "Main Street DPW"); WHEREAS, on January 6, 2014, Fairview adopted Resolution No with regard to this Agreement and inter alia the sharing of Public Works facilities, equipment and services at the Main Street DPW; WHEREAS, on January , Cliffside adopted Resolution No with regard to this Agreement and inter alia the sharing of' Public Works facilities, equipment and services at the Main Street DPW; WHEREAS in accordance with NJ.S.A. 40A:65-4, a copy of this Agreement shall be filed, for informational purposes, with the Division of Local Government Services in the New Jersey Department of Community Affairs. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements contained herein. the Parties stipulate and agree as follows: 1. AU recital. paragraphs in the preamble of this Agreement are hereby incorporated as integral contractual provisions and made a part of this Agreement as if set forth in their entirety. 2. Cliffside Park shall provide and sell motor vehicle fuel to Fairview and Fairview agrees to purchase from Cliffside Parle motor vehicle Fuel upon the terms and conditions set forth in this Agreement. Fairview shall be permitted to access the Main Street DPW for the purpose of utilizing Cliffside Park's fuel station. 3. Fairview shall be responsible for paying actual fuel costs for all fuel procured from the Main Street DP\V. Actual fuel costs shall mean the cost of the fuel paid by Cliffside Pede to the provider of such fuel. Fairview shall pay Cliffside Park for its fuel consumption on a monthly basis 'within thirty (30) days of receipt of a monthly invoice from Cliffside Park. 2

5 4. Fairview shall be responsible for a percentage of the costs of insurance, maintenance and repairs etc., including all related fuel improvements which shall be apportioned based upon Fairview's fuel consumption to the total fuel consumption. 5. Fairview shall indemnify and hold harmless Cliffside Park for any damage to real or personal property to the Main Street DPW Facility as a result of Fairview's negligent operation of its vehicles utilizing the premises. 6. Quarterly or such other agreed time period, Fairview shall pay to Cliffside Park its apportioned share of the insurance and maintenance within thirty (30) days of receipt of documentation evidencing the cost of insurance, the cost of maintenance and the record for total fuel consumption. 7. The Parties agree that they will share Public Works equipment, materials, supplies and services when they mutually determine that it is in the best interest of the Parties. 8. This Agreement shall have a term of seven (7) years from the effective date with a renewal option of an additional three (3) years unless either party provides written notice of its intent to not renew within ninety (90) days of the expiration of the current term. 9. This Agreement shall with or without any additional writing shall in futuro incorporate any and all other justified shared municipal services. 10. This Agreement incorporates, and to the extent any provisions conflict, supersedes, any other agreement between the Parties concerning the purchase of fuel at the Main Street DPW and the sharing of Public Works equipment. This Agreement can only be modified in writing, signed by duly authorized representatives of both Parties. 11. Nothing contained in this Agreement shall require Fairview to purchase fuel from Cliffside Park or to preclude Fairview from purchasing fuel from other sources. 12. This Agreement is binding upon all parties who sign it and alj who succeed to their rights and responsibilities, including successor administrations of the Parties. 3

6 -'. 13. All notices under this Agreement must be in writing. These notices must be delivered personally or mailed by certified mail, return receipt requested, to the following parties: As to the Borough of Cliffside Park: Sercan Zoklu, Borough Clerk Borough of Cliffside Park Municipal Complex 525 Palisade Avenue Cliffside Park, New Jersey With a copy to: Christos J. Diktas, Esq. Diktas Gillen P.c. 596 Anderson Avenue - Suite 301 Cliffside Park, New Jersey As to the Borough of Fairview: Diane Testa, Borough Administrator/Clerk Borough of Fairview 59 Anderson A venue Fairview, New Jersey With a copy to: Paul M. Elias, Esq. Bittiger Triolo P.C. 12 Route 17 North, Suite 320 Paramus, New Jersey During the term of this Agreement, Fairview shall contract for and maintain worker's compensation; comprehensive and general liability insurance, including public liability and property damage, each at a minimum liability limit of $1,000, covering any claims arising out of the use of the premises. Cliffside Park and its officials, employees, agents and servants shall be named as additional insured. Fairview shall provide Cliffside Park with proof of coverage and indemnification. Fairview expressly understands and agrees that any insurance coverage required by this Agreement shall, in no way, limit the obligations assumed in this 4

7 --. Agreement, coverage. and shall not be constructed to relieve Fairview from any liability in excess of such Further, Fairview agrees to release, indemnify and hold harmless Cliffside Park, its officials, employees, agents servants and representatives against any and all claims, actions, liabilities and damages (including, without limitation, reasonable attorneys' fees and expenses) imposed upon and/or asserted against Cliffside Park by reason of use of the premises or any part thereof, with reference to any accident, injury to or death to persons, or loss of damage to property, occurring on, in or at the premises, arising out of any act Of negligence as may be alleged against Fairview or any of its officials, employees, representatives, agents or volunteers. 15. During the term of this Agreement, Cliffside Park shall contract for and maintain worker's compensation; comprehensive and general1iability insurance, including public liability and property damage, each at a minimum liability limit of $1,000, covering any claims arising out of the use of the premises. Fairview and its officials; employees, agents and servants shall be named as additional insured. Cliffside Park shall provide Fairview with proof of coverage and indemnification. Cliffside Park expressly understands and agrees that any insurance coverage required by this Agreement shall, in no way, limit the obligations assumed in this Agreement, and shall not be constructed to relieve Cliffside Park from 1L.yJY liability in excess of such coverage. Further, Cliffside Park agrees to release, indemnify and hold harmless Fairview, its officials, employees, agents servants and representatives against any and all claims, actions, liabilities and damages (including, without limitation, reasonable attorney's fees and expenses) imposed upon and/or asserted against Fairview by reason of use of the premises or any part thereof, with reference LO any accident, injury to or death to persons, or loss of damage to property, occurring 011, in or at the premises, arising out of any act or negligence as may be 5

8 - " alleged against Cliffside Park or any of its officials, employees, representatives, agents or volunteers. 16. The place of execution of this Agreement shall have no bearing on the law governing its interpretation, it being understood and agreed by the parties that the Agreement shall be construed and governed in accordance with the laws of the State of New Jersey, exclusive of conflict of laws principles. 17. The parties to this Agreement have been represented by competent legal counsel or have had the opportunity to consult with legal counsel with whom each of the parties has had a reasonable opportunity to confer. The parties participated jointly ill the preparation of this Agreement, and each party has had the opportunity to review, comment upon and redraft this Agreement. This Agreement will therefore be construed as if the parties jointly prepared it, and any uncertainty or ambiguities will not be interpreted against anyone party and in favor of the other. No rule of construction will apply against the any party or in favor of any party. 18. If any term or condition of this Agreement or any application of this Agreement shall be determined to be contrary to the laws of the State of New Jersey orthe United States, then such term or condition or application shall not be deemed valid except to the extent permitted by law, but all other terms or conditions or applications shall continue in full force and effect. 19, The parties agree to execute any and all further documents which may be reasonably required to effectuate the terms of this Agreement. 20, This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 21. The signatories of this Agreement have been authorized to enter into this Agreement and all herein referenced agreements by Resolution of the governing body of each 6 -,

9 municipality as follows: Fairview Resolution No dated January 6,2014 and Cliffside Park Resolution No , dated January 7; IN WITNESS WHEREOF, the Borough of Cliffside Park has caused this Agreement to be duly executed in its name and on its behalf by Joseph Ruteh, Borough Administrator; end the Borough of Fairview has caused this Agreement to be duly executed in its name and on its behalf by Vincent Bellucci. Jr., Mayor, [J~ Diane Testa Borough of Fairview Clerk! Administrator Vincent Bellucci, Jr. Borough of Fairview Mayor Dated: February Dated: Februaryd:!., 2014 Christos J. Dlktas, Esq. Joseph Rutch Borough of Cliffside Park Administrator Dated:February_,2014 Dared: February _

10 municipality as follows: Fairview Resolution No dated January 6, 2014 and Cliffside Park Resolution No , dated January 7,2014. IN WITNESS WHEREOF, the Borough of Cliffside Park has caused this Agreement to be duly executed in its name and on its behalf by Joseph Rutch, Borough Administrator; an.dthe Borough of Fairview has caused this Agreement to be duly executed in its name and on its behalf by Vincent Bellucci, Jr., Mayor. Diane Testa Borough of Fairview Clerk! Administrator Vincent Bellucci, Jr. Borough of Fairview Mayor Dated: February _, 2014 / Dated: February _, 2014 Borough of Cliffside Park Administrator Dated: February ~/2014 I Dated: February -l,