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HomeMy Public PortalAboutr 22-139�eZolufYxyu of e 90rough of CTaxtexef, 3C Jc #22 °139 June 23, 2022 Date of Adoption Governor's Council on Alcoholism and Drug Abuse Fiscal Grant Cycle October 2020 -June 2025 FORM 1B 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 officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey. WHEREAS, The Borough Council of the Borough of Carteret, County of Middlesex, Slate of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and, WHEREAS, the Borough Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and, WHEREAS, the Borough Council has 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: The Borough Council does hereby authorize acceptance of funding for the strategic plan for the Carteret Municipal Alliance grant for fiscal year 2023 in the amount of: DEDR $11083.00 Cash Match $2770.75 In -Kind $8312.25 2. The Borough Council acknowledges the terms and conditions for administering the .Municipal Alliance grant, including th administrative compliance and audit regtiirerr:n APPROVED: Mayor Daniel J. Reiman CERTIFICATION I, Carmela Pogorzelski, Municipal Clerk of the Borough of Carteret, County of Middlesex, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Borough Council on this 23"' day of June, 2022. Carmela Pogorzelski, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO —NV—TA—,B. - COUNCILMAN YES NO NV A.B. BELLINO X JOHAL X DIAZ X DIMASCIO X NAPLES X X- Indicate Vote AB- Absent NV -Not Voting XOR- Indicates Vote to Ovemde Veto Adopted at a meeting of the Municipal Council June 23, 202 Municipal CY�r, 4.. LA DocuSign Envelope ID: OAD2IEAD -CC32- 4731- 9E81- F252BB105D26 MUNICIPAL ALLIANCE CONTRACT AGREEMENT BETWEEN THE COUNTY OF MIDDLESEX AND THE BOROUGH OF CARTE' RE,T FOR FY2023 THIS AGREEMENT, made this day of 8/22/2022 , 2022, 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 fiom 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 sun of $11,083.00 from 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 fluids 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: DocuSign Envelope ID: OAD21EAD -CC32- 4731 - 9581- F252BB105D26 (1) The County shall pay to the Borough of Carteret the said sunr 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 fiords 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- Conanittee and adopted by the Board of Comity 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 fiord 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: OAD2IEAD -CC32- 4731- 9E81- F252BB105D26 (9) The Borough of Carteret agrees to establish, in cooperation with the County, au acceptable fiscal and programmatic monitoring system for the utilization of alliance funds. This system will entail the submission of a completed GCADA quarterly report according to a prescribed schedule. Failure to submit said report on a timely basis to the County Alliance Coordinator will void the terms and conditions of this agreement, and subject the municipality to possible de- funding. (10) The Borough of Carteret agrees to participate in any State and /or County management information system that may be implemented. (11) The Borough of Carteret agrees to provide the said social services without regard to the age, race, ethnicity, mental or physical disability, sexual or affectional orientation or preference, marital status, genetic information, source of payment, sex, color, creed, religion, or national origin or ancestry of the applicant or recipient of services. (12) Title II of the Americans with Disabilities Act (ADA) requires that all programs, services and activities, which are contracted out by a governmental entity, must be accessible to a person with disabilities. The Borough of Carteret will comply with the provisions of Title II of the ADA. The Borough of Carteret will submit a written plan to the County, which describes the method in which County funded programs, activities or services will be provided to a disabled individual as defined in the Act. Said plan must be submitted prior to the execution of this contract. The Borough further ensures that it will not discriminate against disabled persons in any aspect of employment, inclusive of the application process, hiring, training, advancement and wages, benefits or employer sponsored social activities. (13) By executing this Agreement, the Borough of Carteret certifies that it will neither utilize any portion of the contract funds or technology to support or promote violence, terrorist activities or related training of any kind, either directly or indirectly, including support of other organizations or persons engaged in such activities. (14) The Borough of Carteret agrees to comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "). Furthermore, the agency agrees to initiate HIPAA Business Associate Agreements ( "BAA ") with the County regarding certain protected health information, if deemed necessary under the provisions of overall service agreement. DocuSign Envelope ID: OAD21EAD -CC32 -0731- gE1- F252BB105D26 (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 finding will be based on positive reconmiendations 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 indenmify, 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 Tort 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, 2022 through June 30, 2023. (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 fi tune finding. (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; OAD2IEAD -CC32 -0731- 9E81- F252BB105D26 State 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, unenforceability 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. DocuSign Envelope ID; OAD2IEAD -CC32- 4731- 9E81- F252BB105D26 j. Warranties and Representations. Each Party warrants and represents, as of the Effective Date and continuously thereafter through the entire tern of this Agreement and during the post expiration or termination transition period described herein, as follows: i. This Agreement has been duty 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 tinder, 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: E mDocuSPPpned by: 9IF�A849 Amy Petrocelli, Clerk Board of County Commissioners APPROVED AS TO FORM AND LEGALITY COUNTY OF MIDDLESEX: DocuSl9netl by: roi4 ps 483A286394FF498. Ronald G. Rios, Director Board of County Commissioners BOROUGH OF CARTERET: by; � DOCUSl9/netl by:CVMAt ]AAA9... Niki Athanasopmdos Mayor Fist Deputy County Counsel