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#21 -132
Date of
GOVZ11NOWS COUNCIL ON ALCOHOLISM AND DRUG ABUSE
FISCAL GRAM CYCLE OCCOBUR 2020 — JUNE 202,5
WHEREAS, the Governor's Council on Alcoholism and Drug Abuse established the
Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to
educate and engage residents, local government and law enforcement officlals, schools,
nonprofit organizations, tine faith community, parents, youth and other allies in efforts to
prevent alcoholism and drug abuso in communities throughoulNew Jersey,
WHEREAS, tho Borough Council of the Borough of Carteret, County of Middlesex,
State of New Jetsoy recognizes that the abuse of alcohol and drugs Is a serious problem in
our society atnargst persons Of all ages; and therefore has an established Municipal
Alliance Committee; mid,
WHEREAS, the Borough Council further recognizes that it is incumbent upon not only
public of n3als but upon the entire community to take action to prevent such abuses in
our community; and,
WHEREAS, the Borough Council bps applied for funding to the Governor's Council on
Alcoholism and Drug Abuse through'the County of Middlesex;
NOW, THEREFORE, BE IT RESOLVED by the Borough of Carteret, County of
Middlesex, State of New Jersey hereby recognizes the following;
1. The Borough Council does hereby authorize neeepmncc of funding for
strategic plan for the Borough of Carteret Municipal Alliance grant for frseal
year 20221n the amount of;
DEDR $11,083.00
Cash Match $ 2,770.75
In -Kind $ 8,312.25
2. The Borough Council acknowledges the terms and conditions for
administering tin Municipal Alliance grant, ding tine administrative
compliance and audit requhemmis.
APPROVBD; /� 1I
D e 1, Mayor
CERTIFICATION
I, Carmelo Pogorzelsky Municipal Clerk of the Borough of Carteret, County of
Middlesex, State of New Jersey, do hereby certify the foregoing to be a true slid exact
copy of a resolution duly authorized by the Borough Council on this 220 day of July,
2021.
CarmelaPogorzelski,Ynniefpat Clerk
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Adopted eta meeting of 1ho Municipal Council
'j Jul ;22 2021
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DocuSign Envelope ID: 8FE62634AFCB -469C -8526- 659474361334
MUNICIPAL ALLIANCE CONTRACT AGREEMENT BETWEEN THE COUNTY OF MIDDLESEX
AND THE BOROUGH OF CARTERET FOR FY2022
THIS AGREEMENT, made this day of , 2021, between the
COUNTY OF MIDDLESEX, a municipal corporation of the State of New Jersey, having its principal office at
75 Bayard Street, in the City of New Brunswick, County of Middlesex, State of New Jersey, hereinafter called
the "County" and the Borough of Carteret, a municipal corporation of the State of New Jersey, having its principal
offices at 61 Cooke Avenue, Carteret, County of Middlesex, State of New Jersey.
WITNESSETH:
WHEREAS, the County has received a grant from the State of New Jersey — Governor's Council on Alcoholism
and Drug Abuse ( "GCADA "), and has established a trust account in the amount of $322,020.00 to be used for
alcoholism and drug abuse prevention and education services to Middlesex County residents; and
WHEREAS, pursuant to N.J.S.A. 40A:11 -5(2), the County may enter into any contract or agreement made by or
with, inter alia, any county or municipality, or any other state or subdivision thereof, without public
advertisements for bids; and
WHEREAS, it is in the best interest of the County to contract for said services with the appropriate governmental
agencies; and
WHEREAS, the County desires to provide the sum of $11,083.00 fi-om State grant funds, to the Borough of
Carteret to be used for municipal alliance activities related to alcoholism and drug abuse prevention and education
services; and
WHEREAS, Borough of Carteret must provide matching funds in the amount of $11,083.00 cash and in -kind
services to receive the aforementioned sum; and
WHEREAS, an agreement is necessary to set forth the terms and conditions under which the County will pay
said monies.
NOW, THEREFORE, in consideration of the payment of said monies and the said services to be rendered, the
parties hereto do mutually promise, covenant and agree as follows:
DocuSlgn Envelope ID: BFE626344FCB -4B9C -8528- 859474361334
(1) The County shall pay to the Borough of Carteret the said sum of $11,083.00 in quarterly installments and
the County Treasurer shall be authorized to issue a draft in accordance with this paragraph, upon the
approval and execution of this agreement. It being understood that said funds shall be utilized to foster
and aid the program hereinafter enumerated. Said payments shall be made in accordance with the Uniform
Claims Procedure of the County of Middlesex.
(2) The Borough of Carteret does further agree to provide the program services in accordance with the
approved Alliance Plan accepted by the Local Advisory Committee on Alcoholism and Drug Abuse,
County Alliance Steering Sub - Committee and adopted by the Board of County Commissioners.
(3) The Borough of Carteret does further agree to make the program expenditures in accordance with the
budget section of the aforementioned approval plan. Any modifications to said budget must receive prior
written approval from the Office of the County Alliance Coordinator.
(4) The Borough of Carteret does further agree to submit a final billing statement, showing in detail the total
of funds received and disbursed during the contract period. Said statement to be submitted prior to the
disbursement of the final payment.
(5) The Borough of Carteret agrees to arrange for an annual audit of its fiscal transaction and fund balances,
to be conducted by an independent certified public accountant firm. The cost of the said audit shall be
paid by Borough of Carteret, and a certified copy of the same shall be forwarded to the Board of County
Commissioners. Said audit should be submitted to the Board of County Commissioners no later than
ninety (90) calendar days following the end of the contract period.
(6) Any equipment purchased with the funds provided by this contract, with a value of $500.00 or more, shall
revert to the County in the event Borough of Carteret ceases to provide the services outlined in the
approved plan. Property acquired through this grant shall be considered to have a useful life of ten (10)
years.
(7) The Borough of Carteret also agrees to contribute a portion of its Alliance Funding for the purpose of
supporting Alliance - related training/education programs to be conducted during the course of the period
year indicated.
(8) The Borough of Carteret agrees to permit an authorized County representative to visit its facilities and
observe its program operations for fiscal and service evaluation purposes.
DocuSign Envelope ID: 8FE62634AFCB- 4B9C -852B- 859474361334
(15) The Borough of Carteret shall conform to all regulations and requirements with regard to Affirmative
Action. The Borough of Carteret shall submit, as evidence of same, its New Jersey Certificate of Employee
Report or its municipal Affirmative Action Plan.
(16) The obligations of the County are subject to the appropriation and the availability of sufficient funds.
(17) Alliance funding is for a period of one (1) year. Future alliance funding will be based on positive
recommendations by the Local Advisory Committee on Alcoholism and Drug Abuse, County Alliance
Steering Sub - Committee and the Governor's Council, after review of program goals, objectives, activities
and reporting requirements.
(18) To the fullest extent permitted by law, the Borough of Carteret shall indemnify, defend, and hold harmless
the County, and its agents or employees from and against any and all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from provision or failure
of provision of the services described herein. The County of Middlesex is not authorized to indemnify any
third party for the acts of any party other than the entities, agents, or employees of the County. However,
the County is subject to all provisions of the New Jersey Twit Claims Act, N.J.S.A. 59:1 -1, et seq, and
available appropriations. The County assumes no responsibility or obligations to any third parties by
making this grant money available to the Borough of Carteret.
(19) This Agreement shall be for the period of July 1, 2021 through June 30, 2022.
(20) Failure to comply with the above conditions, terms and obligations, as well as terms in the current
GCADA Letter of Agreement, GCADA Municipal Alliance Program Guidelines and Middlesex County
Municipal Alliance Program Requirements shall be considered a material breach of this contract and may
result in termination of said contract and reduction and /or revocation of future funding.
(21) Miscellaneous Terms:
a. Assignment. The Borough of Carteret may not assign, delegate or transfer this Agreement, in whole
or in part, without the prior written consent of the County.
b. Governing Law / Venue. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of New Jersey without regard to principles of conflict of laws,
except that Federal law shall apply as to matters where New Jersey law is preempted by Federal law.
Each of the Parties hereby agrees and consents to be subject to the exclusive jurisdiction and venue of
DocuSign Envelope ID: 8FE62634AFCBAB9C -8528- 659474361334
Slate or Federal courts, as appropriate, located in New Jersey in any suit, action, or proceeding seeking
to enforce any provision of, or based on any matter arising out of or in connection with, this
Agreement.
c. Headings. The various headings of this Agreement are provided for convenience only and shall not
affect the meaning or interpretation of this Agreement or any provision of it.
d. Independent Contractor. The Parties are independent contractors. This Agreement shall not be deemed
to create a partnership or joint venture, or an employment or agency relationship between the Parties.
Neither Party has the right or authority to assume or create an obligation or responsibility on behalf
of the other. The County is not liable for the acts of the Borough of Carteret.
e. Name, Symbol, and Service Mark. The Parties shall not use each other's name, symbol, seal, logo, or
service mark for any purpose without the prior written approval of the other.
f Severability. When possible, each provision of this Agreement shall be interpreted in such manner as
to be effective, valid and enforceable under the applicable law. If any provision of this Agreement is
held to be prohibited by, or invalid or unenforceable under the law, such provision shall be ineffective
only to the express extent of such prohibition, unenforecability or invalidity, without invalidating the
remainder of this Agreement.
g. Survival. Any provision of this Agreement, including any Attachment, that requires or reasonably
contemplates the performance or existence of obligations by a Party after expiration or termination of
this Agreement shall survive such expiration or termination regardless of the reason for expiration or
termination.
h. Third Parties. Except as otherwise provided in this Agreement, this Agreement is not a third -party
beneficiary contract and no provision of this Agreement is intended to create or may be construed to
create any third-party beneficiary rights in any third party.
i. Waiver. No waiver shall be effective unless in writing and signed by the waiving Party. A waiver by
a Party of a breach or failure to perform this Agreement shall not constitute a waiver of any subsequent
breach of failure.
DocuSlgn Envelope ID: 8FE626344FCB-4B9C -8528- 859474361334
j. Warranties and Representations. Each Party warrants and represents, as of the Effective Date and
continuously thereafter through the entire term of this Agreement and during the post expiration or
termination transition period described herein, as follows:
i. This Agreement has been duly executed and delivered by the Party, and constitutes a legal,
valid, and binding agreement that is enforceable against such Party in accordance with its
terms, except as limited by applicable laws.
ii. The execution and delivery of this Agreement and the performance of the Party's obligations
hereunder do not (a) conflict with or violate any provision of the Party's organizational
documents or laws, or (b) conflict with, or constitute a default under, any contractual
obligation of the Party.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their proper municipal
officers on the day set forth above.
ATTEST:
DocuSigned by:
Am etroce i;' Clerk
Board of County Commissioners
APPROVED AS TO FORM AND LEGALITY
//DoocuSigned by: nn-- ••``
(Nike t anasopoulos 0000
First Deputy County Counsel
COUNTY OF MIDDLESEX:
DocuSigned by:
4
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Ronald G. Rios, Director
Board of County Commissioners
BOROUGH OF CARTERET:
DocuSigned by:
0MAAL , .)°t,ivMt
Mayor