HomeMy WebLinkAboutS Housing - 10 year Plan to End Homelessness Technical Assistance FacilitatorOrange County, North Carolina
Contract #: 00016006
ATTACHMENT B
Performance-Based Contract Statement of Work Guide
Background Statement
The NC Interagency Council for Coordinating Homeless Programs (ICCHP) is a Governor
appointed council charged with advising the Governor and the Secretary of Health and Human
Services on policies and programs related to homelessness in North Cazolina. Current projects of
the ICCHP include supporting local communities engaged in developing and implementing 10 Yeaz
Plans to End Homelessness or 10 Year Plans to End Chronic Homelessness. Communities benefit
from tailored Technical Assistance based on where they are in the planning and/or implementation
process.
Purpose
Contractor will facilitate implementation of technical assistance for the Orange County 10 Year
Plan to End Homelessness. Technical assistance will focus on leadership development, public
relations support, and best practice education. This technical assistance will assist Orange County
in moving forward with best practices, resulting in improved services for homeless people and more
efficient use of community resources.
• Scope
The contract period will begin upon signature of contracts between the ICCHP and award
recipients, estimated to be Mazch 12, 2007, and will end no later than June 30, 2007.
Performance Requirements/Standards
A. Activity I: 25 Participants in Regional Leadership Summit on 10 Year Plans
a. Deliverable: Submission of
i. List of 25 persons attending the Leadership Summit
ii. Identification of those persons association with the Orange Co. 10 Yeaz Plan
iii. Agenda from the Leadership Summit
iv. Invoice
b. Maximum reimbursement for deliverable: 25 registrations at $10 each: $250
c. Due Date: June 30, 2007
B. Activity II: Tour of Housing First Projects developed and/or managed by CASA in Raleigh, NC.
a. Deliverable: Submit
i. Bus rental receipts
ii. Invoice
iii. Brief description of the tour
. iv. Summary of evaluative comments from participants
b. Maximum reimbursement for deliverable: $600
c. Due Date: June 30, 2007
DHHS (Attachment B) (04/04)
Orange County, North Carolina
Contracf #: 00016006
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C. Activity III: Training from Public Relations Firm on marketing strategies for the local 10 Year
Plan.
a. Deliverable:
i. Detailed marketing plan
1. Estimated number of hours: 63 hours utilizing several staff researching
best practices, analyzing current status, assessing strategies, developing
and presenting report on marketing plan to improve implementation of
the 10 year plan for the Orange Co. 10 Year Plan Committee.
ii. Invoice
b. Maximum reimbursement for deliverable: $3150
c. Due Date: June 30. 2007
Reimbursement and Incentive
All activities will be carried out by June 30, 2007. Contractor will receive reimbursement upon
submission of deliverables. Each activity may be billed separately with invoice and submission on
invoices.
DHFiS (Attachment B) (04/04)
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Orange County, North Carolina, Contract #: 00016006
Contract # 00016006
"his contract is hereby entered into by and between the North Carolina Department of Health and Human Services, Office of
the Secretary -Office of Housing and Homelessness (the "Division") and Orange County, North Carolina (the "Contractor")
(referred to collectively as the "Parties"). The Contractor's federal tax identification number is 56-300327.
1. Contract Documents:
This Contract consists of the following documents:
(1) This contract
(2) The General Terms and Conditions (Attachment A)
(3) The Scope of Work, (Attachment B)
(4) If applicable, Federal Certification Regarding Drug-Free Workplace (Attachment C)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements
or agreements.
2. Precedence Among Contract Documents:
In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with
the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in
Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the
lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest
precedence and the oldest amendment shall have the lowest precedence.
3. Effective Period:
This contract shall be effective on 3/12/2007and shall terminate on 6/30/2007, with the option to extend, if mutually agreed
upon, through a written amendment as provided for in the General Terms and Conditions as described in Attachment A.
Contractor's Duties:
The Contractor shall provide the services as described in Attachment B, Scope of Work which includes the project budget.
5. Division's Duties:
The Division shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total
amount paid by the Division to the Contractor under this contract shall not exceed $ 4000.00. This amount consists of $ 0
in State funds and $ 4000.00 in SSBG (CFDA # 93.667 ).
[ XX ] a. There are no matching requirements from the Contractor.
[ ] b. The Contractor's matching requirement is $ ,which shall consist of:
[ ] In-kind [ ]Cash
[ ]Cash and In-kind [ ]Cash and/or In-kind
The contributions from the Contractor shall be sourced from non-federal funds
The total contract amount is $ 4000.00.
6. Conflict of Interest Policy:
The division has determined that this contract is not subject to N.C.G.S. 143-6.2.
The Grantee has the responsibility to ensure that all sub-grantees, if any, provide all information necessary to permit the
Grantee to comply with the standards set forth in this Contract.
.. Reporting Requirements:
The Division has determined that this is a contract for purchase of goods and services, and therefore is exempt from the
reporting requirements of N.C.G.S. § 143-6.2.
DHHS (Contract) (General) (04/06) Page 1 of 3
8. Payment Provisions:
Payment shall be made in accordance with the Contract Documents as described in the Scope of Work,
Attachment B.
~. Contract Administrators:
All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party
to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address,
street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators
are set out below. Either Party may change the name, post office address, street address, telephone number, fax number,
or email address of its Contract Administrator by giving timely written notice to the other Party.
For the Division:
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IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Martha Are, .Homeless Policy Specialist Martha Are, Homeless Policy Specialist
Office of the Secretary Office of the Secretary
MSC 2001 101 Blair Drive
Raleigh, NC 27699-2001 Raleigh, NC 27603
Telephone 919-733-4534
Fax 919-715-4645
Email martha.are ncmail.net
For the Contractor:
.,
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Tara L. Fikes Tara L. Fikes
Orange County ~ Orange County
P.O. Box 8181 200 S. Cameron St.
Hillsborough, NC 27278 Hillsborough, NC 27278-2005
Telephone 919-245-2490
Fax 919-644-3056
Email tfikes co.oran e.nc.us
DHHS (Contract) (General) (04/06) Page 2 of 3
10. Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement.
n Witness Whereof, the Contractor and the Division have executed this contract in duplicate originals, with one original being
~etained by each party.
Orange~qunty, North Cargli~k
Carey, Jr.
~ 9D
Date
Title
ATT~
Signature
~.
Printed Name
[CORPORATE SEAL]
Office of the Secretary North Carolina
r1
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a4~ '
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of Health and Human Services
D~ t
Title
Linda Povlich
•
Date
Sr. Advisor to the Secretary
DHHS (Contract) (General) (04/06) Page 3 of 3
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Orange County, NC: Contract #: 00016006
ATTACHMENT C
• CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Department of Health and Human Services
Office of the Secretary
By execution of this Agreement the Contractor certifies that it will provide adrug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
B. Establishing adrug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The Contractor's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
C. Making it a requirement that each employee be engaged in the pertormance of the agreement be
given a copy of the statement required by paragraph (a);
D. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the agreement, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five days after such conviction;
E. Notifying the Department within ten days after receiving notice under subparagraph (d)(2} from an
employee or otherwise receiving actual notice of such conviction;
F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted:
(1 ).Taking appropriate personnel action against such an employee, up to and including
termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency; and
Making a good faith effort to continue to maintain adrug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (f1.
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DHHS (Federal Certification) (Drug-Free Workplace) (04/04)
II. The site(s) for the performance of work done in connection with the specific agreement are listed
• below:
1. 200 S. Cameron St.
(Street address)
Town of Hillsborough, Orange County. NC, 27278
(City, county, state, zip code)
2.
(Street address)
(City, county, state, zip code)
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Contractor will inform the Department of any additional sites for performance of work under this
agreement.
False certification or violation of the certification may be grounds for suspension of payment, suspension
or termination of grants, or government-wide Federal suspension or debarment, 45 C.F.R. 82.510.
Signature Title
K Q' !
ency/Organ ation Date
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Orange County, NC -Contract #: 00016006
• Relationshi s of the Parties
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Attachment A
General Terms and Conditions
Independent Contractor: The Contractor is and shall be
deemed to be an independent contractor in the
performance of this contract and as such shall be wholly
responsible for the work to be performed and for the
supervision of its employees. The Contractor represents
that it has, or shall secure at its own expense, all personnel
required in performing the services under this agreement.
Such employees shall not be employees of, or have any
individual contractual relationship with, the Division.
Subcontracting: The Contractor shall not subcontract
any of the work contemplated under this contract without
prior written approval from the Division. Any approved
subcontract shall be subject to all conditions of this
contract. Only the subcontractors specified in the contract
documents are to be considered approved upon award of
the contract. The Division shall not be obligated to pay for
any work performed by any unapproved subcontractor.
The Contractor shall be responsible for the performance of
all of its subcontractors.
Assignment: No assignment of the Contractor's
bligations or the Contractor's right to receive payment
~iereunder shall be permitted. However, upon written
request approved by the issuing purchasing authority, the
State may:
(a) Forward the Contractor's payment check(s)
directly to any person or entity designated by the
Contractor, or
(b) Include any person or entity designated by
Contractor as a joint payee on the Contractor's
payment check(s).
In no event shall such approval and action obligate the
State to anyone other than the Contractor and the
Contractor shall remain responsible, for fulfillment of all
contract obligations.
Beneficiaries: Except as herein specifically provided
otherwise, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective
successors. It is expressly understood and agreed that the
enforcement of the terms and conditions of this contract,
and all rights of action relating to such enforcement, shall
be strictly reserved to the Division and the named
Contractor. Nothing contained in this document shall give
or allow any claim or right of action whatsoever by any
other third person. It is the express intention of the Division
and Contractor that any such person or entity, other than
the Division or the Contractor, receiving services or
benefits under this contract shall be deemed an incidental
beneficiary only.
Indemnity and Insurance
Indemnification: The Contractor agrees to indemnify and
hold harmless the Division, the State of North Carolina,
and any of their officers, agents and employees, from any
claims of third parties arising out of any act or omission of
the Contractor in connection with the performance of this
contract to the extent permitted by law.
Default and Termination
Termination Without Cause: The Division may terminate
this contract without cause by giving 30 days written notice
to the Contractor.
Termination for Cause: If, through any cause, the
Contractor shall fail to fulfill its obligations under this
contract in a timely and proper manner, the Division shall
have the right to terminate this contract by giving written
notice to the Contractor and specifying the effective date
thereof. ,In that event, all finished or unfinished deliverable
items prepared by the Contractor under this contract shall,
at the option of the Division, become its property and the
Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
materials, minus any payment or compensation previously
made. Notwithstanding the foregoing provision, the
Contractor shall not be relieved of liability to the Division
for damages sustained by the Division by virtue of the
Contractor's breach of this agreement, and the Division
may withhold any payment due the Contractor for the
purpose of setoff until such time as the exact amount of
damages due the Division from such breach can be
determined. In case of default by the Contractor, without
limiting any other remedies for breach available to it, the
Division may procure the contract services from other
sources and hold the Contractor responsible for any
excess cost occasioned thereby. The filing of a petition for
bankruptcy by the Contractor shall be an act of default
under this contract.
Waiver of Default: Waiver by the Division of any default or
breach in compliance with the terms of this contract by the
Contractor shall not be deemed a waiver of any
subsequent default or breach and shall not be construed to
be modification of the terms of this contract unless stated
to be such in writing, signed by an authorized
representative of the Department and the Contractor and
attached to the contract.
Availability of Funds: The parties to this contract agree
and understand that the payment of the sums specified in
this contract is dependent and contingent upon and subject
to the appropriation, allocation, and availability of funds for
this purpose to the Division.
DHHS (General Terms and Conditions) (Local Government) (2/06) Page 1 of 3
Force Majeure: Neither. party shall be deemed to be in
default of its obligations hereunder if and so Ibng as it is
prevented from performing such obligations by any act of
war, hostile foreign action, nuclear explosion, riot, strikes,
evil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
Survival of Promises: All promises, requirements, terms,
conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the contract
expiration or termination date unless specifically provided
otherwise herein, or unless superseded by applicable
Federal or State statutes of limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: All
deliverable items produced pursuant to this contract are
the exclusive property of the Division. The Contractor shall
not assert a claim of copyright or other property interest in
such deliverables.
Compliance with Applicable Laws
Compliance with Laws: The Contractor shall comply with
all laws, ordinances, codes, rules, regulations, and
licensing requirements that are applicable to the conduct of
its business,. including those of federal, state, and local
agencies having jurisdiction and/or authority.
~qual Employment Opportunity: The Contractor shall
omply with all federal and State laws relating to equal
employment opportunity.
Health Insurance Portability and Accountability Act
(HIPAA): The Contractor agrees that, if the Division
determines that some or all of the activities within the
scope of this contract are subject to the Health
Insurance Portability and Accountability Act of 1996, P.L.
104-91, as amended ("HIPAA"), or its implementing
regulations, it will comply with the HIPAA requirements
and will execute such agreements and practices as the
Division may require to ensure compliance.
Confidentiality
Confidentiality: Any information, data, instruments,
documents, studies or reports given to or prepared or
assembled by the Contractor under this agreement shall
be kept as confidential and not divulged or made available
to any individual or organization without the prior written
approval of the Division. The Contractor acknowledges that
in receiving, storing, processing or otherwise dealing with
any confidential information it will safeguard and not further
disclose the information except as otherwise provided in
this contract.
Oversight
Access to Persons and Records: The State Auditor shall
have access to persons and records as a result of all
contracts or grants entered into by State agencies or
political subdivisions in accordance with General Statute
147-64.7. Additionally, as the State funding authority, the
Department of Health and Human Services shall have
access to persons and records as a result of all contracts
or grants entered into by State agencies or political
subdivisions.
Record Retention: Records shall not be destroyed,
purged or disposed of without the express written consent
of the Division. State basic records retention policy
requires all grant records to be retained for a minimum of
five years or until all audit exceptions have been resolved,
whichever is longer. If the contract is subject to Federal
policy and regulations, record retention maybe longer than
five years since records must be retained for a period of
three years following submission of the final Federal
Financial Status Report, if applicable, or three years
following the submission of a revised final Federal
Financial Status Report. Also, if any litigation, claim,
negotiation, audit, disallowance action, or other action
involving this Contract has been started before expiration
of the five-year retention period described above, the
records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end
of the regular five-year period described above, whichever
is later.
Miscellaneous
Choice of Law: The validity of this contract and any of its
terms or provisions, as well as the rights and duties of the
parties to this contract, are governed by the laws of North
Carolina. The Contractor, by signing this contract, agrees
and submits, solely for matters concerning this Contract, to
the exclusive jurisdiction of the courts of North Carolina
and agrees, solely for such purpose, that the exclusive
venue for any legal proceedings shall be Wake County,
North Carolina. The place of this contract and all
transactions and agreements relating to it, and their situs
and forum, shall be Wake County, North Carolina, where
all matters, whether sounding in contract or tort, relating to
the validity, construction, interpretation, and enforcement
shall be determined.
Amendment: This contract may not be amended orally or
by performance. Any amendment must be made in written
form and executed by duly authorized representatives of
the Division and the Contractor. The Purchase and
Contract Divisions of the NC Department of Administration
and the NC Department of Health and Human Services
shall give prior approval to any amendment to a contract
awarded through those offices.
• Severability: In the event that a court of competent
jurisdiction holds that a provision or requirement of this
contract violates any applicable law, each such provision
DHHS (.General Terms and.Conditions) (Local Government) (2/06) Page 2 of 3
or requirement shall continue to be enforced to the extent it
is not in violation of taw or is not otherwise unenforceable
and all other provisions and requirements of this contract
shall remain in full force and effect.
-leadings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of the
agreement and should not be used to construe the
meaning thereof.
Time of the Essence: Time is of the essence in the
performance of this contract.
Key Personnel: The Contractor shalt not. replace any of
the key personnel assigned to the performance of this
contract without the prior written approval of the Division.
The term "key personnel" includes any and all persons
identified as such in the contract documents and any other
persons subsequently identified as key personnel by the
written agreement of the parties.
Care of Property: The Contractor agrees that it shall be
responsible for the proper custody and care of any
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property furnished to it for use in connection with the
performance of this contract and will reimburse the Division
for loss of, or damage to, such property. At the termination
of this contract, the Contractor shall contact the Division for
instructions as to the disposition of such property and shall
comply with these instructions.
Travel Expenses: Reimbursement to the Contractor for
travel mileage, meals, lodging and other travel expenses
incurred in the performance of this contract shall not
exceed the rates published in the applicable State rules or
approved local government travel policy. International
travel shall not be reimbursed under this contract.
SaleslUse Tax Refunds: If eligible, the Contractor and all
subcontractors shall: (a) ask the North Carolina
Department of Revenue for a refund of all sales and use
taxes paid by them in the performance of this contract,
pursuant to G.S. 105-164.14; and (b) exclude all
refundable sales and use taxes from all reportable
expenditures before the expenses are entered in their
reimbursement reports.
Advertising: The Contractor shall not use the award of
this contract as a part of any news release or commercial
advertising.
DHHS (General Terms and Conditions) (Local Government) (2/06) Page 3 of 3