Title
Dept/ Agency: Recreation, Cultural Affairs and Senior Services
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Pass Through Agreement
Purpose: To authorize a Second Amended (Pass-Through) Agreement with The Trust for Public Land for the continued rehabilitation of Jesse Allen Park.
Entity Name: The Trust for Public Land
Entity Address: 20 Community Place, Suite 7, Morristown, New Jersey 07960
Pass-Through Grant Amount: $1,350,000.00 ($500,000.00 from the State’s Green Acres and $750,000.00 from the National Park Service’s Land and Water Conservation Fund, managed by the State Green Acres Program)
Funding Source: State of New Jersey, Department of Environmental Protection, Green Acres Program and Office of the Natural Resource Restoration
Total Project Cost: $3,800,000.00
City Contribution: $0.00
Other Funding Source/Amount: $0.00
Contract Period: May 20, 2009 through December 31, 2022, or at the completion of work, including without limitation, the proper documentation and drawdown of NJDEP Green Acres Program, whichever is earlier
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale (X) Grant ( ) Sub-recipient ( ) n/a
List of Property: Jesse Allen Park
(Address/Block/Lot/Ward)
41-55 Avon Avenue/Block 2583/Lot 44/Central Ward
Additional Information:
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WHEREAS, The Trust for Public Land (TPL), 20 Community Place, Suite 7, Morristown, New Jersey 07960, a national non-profit organization dedicated to conserving land for recreation and open space purposes, through its Parks for People Newark Program, is partnered with the City of Newark to redevelop the area known as Jesse Allen Park, a City-owned park located in the Central Ward (“Jesse Allen Park” or “Project”) in three (3) phases; and
WHEREAS, TPL completed Phase I of the park in September 2009, and completed construction of Phase II of the park in September 2013, and will be initiating constructing Phase III construction in the coming months; and
WHEREAS, the New Jersey Department of Environmental Protection (“NJDEP”) Green Acres Program (“Green Acres Program”) provides loans and/or grants to municipal and county governments and grants to non-profit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and
WHEREAS, pursuant to Resolution 7R1-b, adopted on January 7, 2009, the City of Newark accepted a matching grant award from the Green Acres Program in the amount of Five Hundred Thousand Dollars and Zero Cents ($500,000.00) and authorized the Mayor and/or his designee, the Acting Business Administrator, to enter into a grant agreement with the NJDEP for the development of Jesse Allen Park (GA Project #0714-07-042) (the “Green Acres Newark Grant”); and
WHEREAS, pursuant to Resolution 7R1-b, adopted on May 20, 2009, the City executed and entered into an Agreement with TPL to allow TPL to use the Green Acres Newark Grant funds for the development of Jesse Allen Park (the “Agreement”); and
WHEREAS, pursuant to Resolution 7R9-a, adopted on August 3, 2016, the City of Newark accepted an additional Eight Hundred Fifty Thousand Dollars and Zero ents ($850,000.00) for the Grant from the Green Acres Program for GA Project #0714-07-042 and authorized the Mayor and/or his designee to enter into an amended grant agreement with the NJDEP for the addition of these funds to the Green Acres Newark Grant, bringing the total amount of the grant to One Million Three Hundred Fifty Thousand Dollars and Zero Cents ($1,350,000.00); and
WHEREAS, pursuant to Resolution 7R11-b, adopted on May 10, 2018, the City executed and entered into a First Amended Agreement with TPL, to allow the use of the additional grant funding from the Green Acres Program through November 18, 2018; and
WHEREAS, pursuant to Resolution 7R11-c, adopted on December 22, 2020, the City of Newark accepted a Seven Hundred Fifty Thousand Dollars and Zero Cents ($750,000.00) Federal Land and Water Conservation Fund (“LWCF”) from the Green Acres Program for GA Project #0714-07-042 and authorized the Mayor and/or his designee to enter into an amended grant agreement with the NJDEP for the addition of these funds to the Green Acres Newark Grant, bringing the total amount of the grant to Two Million One Hundred Thousand Dollars and Zero Cents ($2,100,000.00); and
WHEREAS, through enacting N.J.S.A. 40:12-20 et seq., the State of New Jersey recognizes the needs of municipalities to enter into agreements to rehabilitate, improve, and maintain their parks, and thus authorizes municipalities to establish mutually beneficial partnerships, through an agreement, with nonprofit organizations that will result in municipal parks that are better maintained, operated, and improved for the use and enjoyment of the public (N.J.S.A. 40:12-22); and
WHEREAS, N.J.S.A. 40:12-21 defines “improvement” as meaning, but not necessarily limited to, construction, reconstruction, stabilization, repair, rehabilitation, renovation, restoration of a park or park facility, building, structure, infrastructure, or feature; and
WHEREAS, N.J.S.A. 40:12-23 allows a municipality to provide the partnering non-profit organization with equipment, materials, supplies, or services to assist with the municipal park maintenance, operation, or improvements; and
WHEREAS, this agreement between TPL and the City is not subject to provisions of Local Public Contracts Law, pursuant to N.J.S.A. 40:12-28(b); and
WHEREAS, the parties wish to amend the terms of the Agreement between the City and TPL to affirm the partnership between the City and TPL as authorizing TPL’s development of the park on land owned by the City, and to extend the term of the Agreement such that it terminates no later than December 31, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Agreement, authorized by the Municipal Council pursuant to Resolution 7R1-i, adopted on January 6, 2010, as amended by the First Amended Agreement authorized by the Municipal Council pursuant to Resolution 7R3-a (s/as), adopted on March 8, 2016, by and between the City of Newark and the Trust for Public Land (TPL), 20 Community Place, Suite 7, Morristown, New Jersey 07960, is hereby amended to confirm that in partnership with the City, TPL has and is conducting the redevelopment of Jesse Allen Park, including holding and managing professional service and construction contracts for the Project and manage the park construction on Project on land owned or controlled by the City.
2. The Mayor and/or his designee, the Business Administrator and/or the Director of the Department of Recreation, Cultural Affairs and Senior Services, are hereby authorized to enter into and execute a Second Amended Agreement with TPL, in the form attached hereto, to utilize grant funds from the NJDEP Green Acres Program, including funds from the Federal Land and Water Conservation Fund, granted to the City and passed-through to TPL under the Agreement for the purpose of developing Jesse Allen Park.
3. The term of the Agreement hereby extended so that it terminates on December 31, 2022, or the completion of work, including without limitation, the proper documentation and drawdown of NJDEP Green Acres Program, whichever is earlier.
4. All other terms and conditions of the Agreement remain the same and are hereby ratified from the commencement of the Agreement through date of this Second Amended Agreement.
5. The Director of the Department of Recreation, Cultural Affairs and Senior Services shall file in the Office of the City Clerk a fully executed copy of the herein authorized Second Amended Agreement.
STATEMENT
This resolution ratifies, amends, and authorizes the Mayor and/or his designee, the Business Administrator and/or the Director of the Department of Recreation, Cultural Affairs and Senior Services, to enter into and execute a Second Amended Agreement with The Trust for Public Land, 20 Community Place, Suite 7, Morristown, New Jersey 07960, to utilize grant funds from the NJDEP Green Acres Program, including funds from the Federal Land and Water Conservation Fund, granted to the City and passed-through to TPL under the Agreement for the purpose of developing Jesse Allen Park and to extend the termination date of that pass-through agreement so that it terminates on December 31, 2022, or the completion of work, including without limitation, the proper documentation and drawdown of NJDEP Green Acres Program, whichever is earlier.