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1 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION AUTHORIZING REDUCTION CHANGE ORDER NUMBER 1, CONTRACT 11-13, THE GULLY ROAD AND WEMROCK ROAD PEDESTRIAN WALKWAY IMPROVEMENTS, A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT, AND DECLARING ACCEPTANCE OF CONTRACT R E S O L U T I O N WHEREAS, a Contract was awarded to Earle Asphalt Company, by Resolution R on September 13, 2011, The Gully Road and Wemrock Road Pedestrian Walkway Improvements a Community Development Block Grant Project, in the amount of $117,613.13; and, WHEREAS, the Township's Professional Engineer, Hatch Mott MacDonald, and the Superintendent of Utilities, by letters dated December 28, 2011 and January 11, 2012 respectively, recommend Reduction Change Order Number 1, which incorporates an adjustment for the decrease in the total contract value consistent with the final as-built quantities for the project, in the amount of $2,047.17, thereby reducing the total contract amount to $115,565.96; and, WHEREAS, the Township's Professional Engineer and Superintendent of Utilities further advise that all work on the above-referenced Project has been completed; and, WHEREAS, Earle Asphalt Company has submitted a one-year maintenance bond, in accordance with the terms of the bid specifications; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Freehold, based on the above referenced recommendations, authorizes Reduction Change Order Number 1, accepts the Public Project known as Contract and authorizes final payment be made to Earle Asphalt Company; BE IT FURTHER RESOLVED that a certified copy of the within Resolution be forwarded to the Director of Finance, the Municipal Engineer, the Township's Professional Engineer-Hatch Mott MacDonald, the Superintendent of Utilities, the Office of Monmouth County Community Development, the Purchasing Department and Earle Asphalt Company. 1

2 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 2

3 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION AUTHORIZING CHANGE ORDER NUMBER 2 AND AUTHORIZING FINAL PAYMENT FOR 2011 CONTRACT 11-8 GRASS CUTTING AND RELATED MAINTENANCE R E S O L U T I O N WHEREAS, a Contract was awarded to Clintar Landscape Management Services, by Resolution R on April 26, 2011, for the Grass Cutting and Related Maintenance in the amount of $161,360.00; and, WHEREAS, Change Order Number 1 in the amount of $3, was approved, by Resolution R , due to need for lawn cuttings at four additional locations bringing the total Contract amount to $164,360.00; and WHEREAS, the Purchasing Clerk, by memorandum dated January 5, 2012, recommends the contract be increased by Change Order Number 2 for a net contract increase of $3, due to a decrease in some contract quantities and an increase in other contract quantities (see attached spreadsheet); NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Freehold authorizes Change Order Number 2 in the amount of $3,830.00, bringing the total amount of the Contract to $168,190.00, and authorizes final payment for the aforementioned Contract; BE IT FURTHER RESOLVED that a certified copy of the within Resolution be forwarded to the Director of Finance, the Superintendent of Public Works, the Township Engineer, the Superintendent of Parks and Recreation, the Purchasing Department and Clintar Landscape Management Services. 1

4 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 2

5 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION APPROVING CONSOLIDATED BILLS LIST R E S O L U T I O N BE IT RESOLVED by the Township Committee of the Township of Freehold that the vouchers listed on the Consolidated Bill List, in the amount of $8,530, dated January 17, 2012, as presented by the Township Treasurer/Chief Financial Officer, be paid from existing appropriations. 1

6 No. R VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 2

7 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION APPOINTING INDIVIDUALS TO PERFORM DUTIES OF A MUNICIPAL COURT ADMINISTRATOR WHEN THE MUNICIPAL COURT ADMINISTRATOR AND/OR THE DEPUTY MUNICIPAL COURT ADMINISTRATOR ARE UNAVAILABLE R E S O L U T I O N WHEREAS, the Township Committee of the Township of Freehold has been informed by the Municipal Court Administrator that there are certain occasions when the Court Administrator or Deputy Court Administrator are unavailable to perform the duties of their post; and, WHEREAS, the Township Committee of the Township of Freehold deems it necessary to have an alternate individual(s) available to perform those duties; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Freehold that, in the event that either the Township Municipal Court or the Township Deputy Municipal Court Administrator requires an alternate staff member(s), Stacy Kitson, CMCA, currently employed by the Borough of Freehold, shall provide said services; BE IT FURTHER RESOLVED that this individual shall not be deemed an employee of the Township for the purposes of obtaining a pension and/or other benefits; BE IT FURTHER RESOLVED that a certified copy of the within Resolution shall be provided to the Freehold Township Administrator, the Freehold Borough Administrator, the Freehold Township Municipal Court Administrator, the Freehold Borough Municipal Court Administrator, and a copy filed with the Administrative Offices of the Court Monmouth Vicinage and the Assignment Judge, Lawrence Lawson. 1

8 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 2

9 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION APPOINTING FUND COMMISSIONER AND ALTERNATE FUND COMMISSIONER FOR THE GARDEN STATE MUNICIPAL JOINT INSURANCE FUND R E S O L U T I O N WHEREAS, Freehold Township is a member of the Garden State Municipal Joint Insurance Fund; and, WHEREAS, it is required for Freehold Township to have representation on the Board of Commissioners; NOW, THEREFORE, BE IT RESOLVED, effective the 1 st day of January, 2012, by the Freehold Township Committee, in the County of Monmouth, State of New Jersey that: 1. Peter R. Valesi is hereby appointed as Fund Commissioner representing Freehold Township on the Garden State Municipal Joint Insurance Fund Board of Commissioners. 2. Robert J. Koches is hereby appointed as Alternate Fund Commissioner representing Freehold Township on the Garden State Municipal Joint Insurance Fund Board of Commissioners. BE IT FURTHER RESOLVED that a certified copy of the within Resolution shall be forwarded to Ramona Taylor-NIP Group, Peter R. Valesi and Robert J. Koches. 1

10 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 2

11 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION DISBURSING OVERPAYMENTS OF TAXES R E S O L U T I O N WHEREAS, certain property owners have credit balances on their accounts; and, WHEREAS, the following Taxpayer Schedules include a 2011 County Judgment; a 2011 Veteran Deduction Allowed; a 2011 Senior Citizen Deduction Allowed; and a 2012 Overpayment of Taxes; creating overpayments, applicable to the blocks and lots and in the amounts set forth; and, WHEREAS, the Tax Collector of the Township of Freehold has certified to the Township Committee of the Township of Freehold that the items designated with the word "REFUND" on Schedules A, B, C and D be refunded to the names appearing below; and, NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Freehold that the refunds be made to the taxpayers appearing on Schedules A, B, C and D and the checks for the aforesaid refunds be issued by the Treasurer; BE IT FURTHER RESOLVED that the Tax Collector is hereby authorized to make corrections and notations upon the Municipal records as may be necessary to effect this Resolution; BE IT FURTHER RESOLVED by the Township Committee of the Township of Freehold that the Township Clerk is hereby authorized to forward a certified copy of the within Resolution to the Tax Collector and Treasurer/Director of Finance. 1

12 SCHEDULE A COUNTY JUDGEMENT - REFUND LEYTON ENTERPRISES, LLC $ 4, GESSNER ROAD - STE 500 HOUSTON, TX TOTAL $ 4, SCHEDULE B VETERAN ALLOWED - REFUND S05 SAJDAK, JOHN & LOIS $ LAZARUS DRIVE FREEHOLD, NJ TOTAL $ SCHEDULE C SENIOR CITIZEN ALLOWED - REFUND CARRUBBA, PIETRO & FILOMENA $ DOUBLE CREEK PARKWAY FREEHOLD, NJ TOTAL $ SCHEDULE D OVERPAYMENT - REFUND GIRELLINI, WILLIAM & JUDITH $ STONEHURST BLVD FREEHOLD, NJ TOTAL $ TOTAL REFUND $ 5,

13 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 3

14 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR 2012 SOFTWARE MAINTENANCE SERVICES FOR PROPRIETARY AND THIRD PARTY SOFTWARE USED IN THE POLICE DEPARTMENT R E S O L U T I O N WHEREAS, the Township of Freehold has a need to acquire 2012 software maintenance services for proprietary and third party software used in the Police Department pursuant to the provisions of NJSA 40A:11 and NJSA 19:44A-20.5; and, WHEREAS, the Purchasing Clerk has determined and certified in writing that the value of the acquisition will exceed $17,500 and that these services are proprietary in nature in accordance with NJSA 40A:11; and, WHEREAS, the anticipated term of this contract is for 1 year; and, WHEREAS, Larimore Associates, Inc. has submitted a proposal, dated November 9, 2011, to acquire software maintenance services for proprietary and third party software used in the Police Department for the period January 1, 2012 through December 31, 2012 in the amount of $13,838.00; and, WHEREAS, Larimore Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Larimore Associates, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Freehold, County of Monmouth, in the previous one year, and that the contract will prohibit Larimore Associates, Inc. from making any reportable contributions through the term of the contract; and, WHEREAS, the Director of Finance has certified to the Township Clerk that additional funds are available in the following Budget account, contingent upon the necessary funds being appropriated by the Governing Body in the 2012 Budget:

15 NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Freehold that a contract to acquire 2012 software maintenance services for proprietary and third party software is hereby awarded to Larimore Associates, Inc. in the amount of $13, BE IT FURTHER RESOLVED that certified copies of the within Resolution be forwarded to the Director of Finance, the Chief of Police, the Chief of Telecommunications, the Purchasing Department and Larimore Associates, Inc. 2

16 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 3

17 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION AUTHORIZING AWARD OF A CONTRACT FOR REPAIR OF THE JOYSAN SEWER PUMP STATION GRINDER R E S O L U T I O N WHEREAS, the Superintendent of Utilities, by memorandum dated December 21, 2011, has advised the need for an emergency repair to the Joysan Sewer Pump Station Grinder; and, WHEREAS, such repairs are needed immediately due to public safety; and, WHEREAS, the Superintendent of Utilities, by memorandum dated December 21, 2011, recommended an emergency contract be awarded to G.P. Jager & Associates, Inc. in the estimated amount of $2, to immediately make the necessary repair to the Joysan Sewer Pump Station Grinder; and, WHEREAS, the Director of Finance has certified funds are available in the following Budget Account: NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Freehold hereby approves the award of an emergency contract to G.P. Jager & Associates, Inc. in the estimated amount of $2,000.00; BE IT FURTHER RESOLVED that certified copies of the within Resolution be forwarded to the Finance Officer, the Purchasing Department, the Superintendent of Utilities and G.P. Jager & Associates, Inc. 1

18 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 2

19 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE GUARANTEES FOR SAM S CLUB FRIDGE/FREEZER ADDITION, SITE PLAN NO R E S O L U T I O N WHEREAS, the developer of Sam s Club, located on Walmart Drive, has requested release of its performance guarantees previously posted with the Township of Freehold on Subdivision No in accordance with its previously received Planning Board approval; and WHEREAS, the Township Engineer has, in a memorandum dated December 22, 2011 (attached hereto as Exhibit "A") recommended that the following performance guarantees be released: Bond: Fidelity and Deposit Company of Maryland, No TR No. 7774, dated February 8, 2010, previously reduced to $1, Cash Bond Deposit previously reduced to $ WHEREAS, the balance of the Engineering Inspection Fee is to remain on account through the maintenance period; and WHEREAS, the recommended release of the above performance guarantees is subject to the posting of cash or a Maintenance Bond for a duration of two years or a Maintenance Letter of Credit for a duration of two and one-half years, in the amount of $ NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Freehold as follows: 1. It has reviewed, agrees with and hereby adopts all recommendations by the Township Engineer as set forth in Exhibit "A". 2. It hereby authorizes the release of the performance guarantees set forth in the Township Engineer's Memorandum attached hereto as Exhibit "A", subject to the conditions set forth therein. 1

20 3. Pursuant to the recommendation of the Township Engineer as set forth in the Memorandum referred to above, the Township hereby accepts the public improvements, if any, to be accepted by the Township of Freehold pursuant to the Planning Board approval. 4. In the event that sufficient and satisfactory maintenance guarantees as required hereby are not posted, the provisions of this Resolution shall be null and void and the performance guarantees shall remain in full force and effect. BE IT FURTHER RESOLVED that a copy of this Resolution, certified by the Township Clerk to be a true copy, be forwarded to each of the following: (a) Township Engineer (b) Township Chief Financial Officer (c) Developer (d) Township Superintendent of Public Works (e) Township Attorney 2

21 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 3

22 Resolution of the Township of Freehold Monmouth County, New Jersey No: R Date of Adoption: January 17, 2012 TITLE: RESOLUTION DENYING REQUEST FOR RELEASE OF PERFORMANCE GUARANTEES AND REDUCING PERFORMANCE GUARANTEES FOR B.M.W. OF FREEHOLD, SITE PLAN NO R E S O L U T I O N WHEREAS, the developer of B.M.W. of Freehold, located on Route 9 North, has requested a release of its performance guarantees; and WHEREAS, the Township Engineer conducted an inspection and, by memorandum dated December 19, 2011, has recommended that the performance guarantees not be released until the Punch List has been completed satisfactorily, but has recommended that the performance guarantees be reduced; and WHEREAS, the Township Committee is in agreement with the recommendations of the Township Engineer and adopts them by reference as though specifically set forth herein. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Freehold as follows: 1. It hereby authorizes the reduction of the posted performance guarantees for B.M.W. of Freehold, Site Plan No to the following: a. Bond: Liberty Mutual Insurance Company, No in the amount of $111, be reduced to $33, b. Cash deposit in the amount of $12, be reduced to $3, All of the foregoing shall be in accordance with the Engineer's Estimates of Quantities and Costs annexed to his Memorandum dated December 19,

23 3. The aforementioned reduction of the cash performance guarantee is conditioned upon the Developer and its successors and/or assigns agreeing by acceptance of the reduction approved herein to post maintenance bonds for the improvements at such time as required by the Township Engineer, but in no circumstances later than the release of the balance of the performance guarantee and upon the Developer posting an appropriate performance bond, approved by the Township Attorney, in the decreased amount as set forth above. BE IT FURTHER RESOLVED that the Township Clerk, Township Treasurer and all other appropriate Municipal officials are hereby authorized to execute such papers and to perform such acts as are necessary to effectuate the purpose of this Resolution. BE IT FURTHER RESOLVED that a copy of this Resolution, certified to be a true copy by the Township Clerk, be forwarded to the following: Township Engineer, Township Treasurer, Township Chief Financial Officer, Township Attorney, and by certified mail, to the Developer herein. 2

24 No. VOTE OF THE TOWNSHIP COMMITTEE COMMITTEEMAN I S Y N NV AB Mr. Golub Mr. McGirr Mrs. McMorrow Mr. Salkin Mayor Ammiano I-Introduced By S-Seconded By X- Indicates Vote NV- Not Voting AB- Absent 3