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HomeMy WebLinkAbout2017-014-E DSS - Durham Technical Community College for employment services DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C Contract 468-3001 Durham Technical Community College CONTRACT# 68-3001 Fiscal Year Begins_October 1, 2016 Ends September 30, 2017 NORTH CAROLINA ORANGE COUNTY CONTRACT THIS AGREEMENT, is made and entered into this 1 day of October, 2016 by and between Orange County, North Carolina for and on behalf of the Orange County Department of Social Services (the "County"); and Durham Technical Community College (the "Contractor") whose federal tax identification number or Social Security Number is: WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Contractor, and the Contractor agrees to provide the services to the County in accordance with the terms of this Agreement. 1. Contract Documents: This Agreement consists of this document as well as each of the documents listed below as indicated (collectively referred to as the "Contract Documents"). If the word "Yes" appears beside the title of the contract document at the time both parties execute this Agreement, then that document is included as part of this Agreement. If the word "No" appears beside the title of the contract document at the time both parties execute this Agreement, then that document is not included as part of this Agreement. Each of the Contract Documents made part hereof are attached hereto and incorporated herein by reference to the same: TITLE OF CONTRACT DOCUMENT YES/NO (1) The General Terms and Conditions (Attachment A) YES (2) The Scope of Work, services, and rate(Attachment B) YES (3) Federal Drug Free Workplace &Nondiscrimination Certification (Attachment C) YES (4) Conflict of Interest Policy (Attachment D) YES (5) No Overdue Taxes Certification(Attachment E) YES (6) Certification Regarding Lobbying (Attachment G) YES (7) Certification Regarding Debarment (Attachment H) YES (8) Certification Regarding Transportation (Attachment J) NO (9) State Certifications (Attachment M) YES (10) Outcomes & Reporting(Attachment N) YES (11) Contract Determination Questionnaire YES 1 Rev. 676 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro Contract 468-3001 Durham Technical Community College 2, Precedence Among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents and this Agreement, the terms of this Agreement shall oon1rni In the event of a conflict between or among the terms of the Contract Documents, then the Contract Documents with the highest relative precedence shall prevail. The order of precedence shall he the order of documents as listed in Section 1, above, with Attachment A having precedence over Attachment B and so forth. 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 Agreement shall be effective from October 1, 2016 through September 30, 2017. 4. Contractor's Duties: The Contractor shall provide the services to the County described in Attachment B in accordance with the approved rate as described in Attachment B, Scope of Work, and shall meet the requirements set forth in Attachment N, Outcomes and Reporting. 5, County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. (a) The total amount paid by the County to the Contractor under this Agreement for the provision of services to the Department of Social Services shall not exceed: $09,000. This amount consists of $89,000 in Federal, State and County funds (CFDA ), $0 (source of other funds if applicable). (b) There are no matching requirements from the Contractor. (c) The Contractor's matching requirement is 50% of the costs of education-related materials up to $ 20,V0Q which shall consist of: | In-kind / Cuuh | | Cash and In-kind r Cash and/or In-kind The contributions from the Contractor for matching requirements for the provision of services to the Department of Social Services shall be sourced from non-federal funds. 6. Reporting Requirements: Contractor shall comply with audit requirements as described in N.C.G.S. § 143C'6'22 & 23 and ()MB Circular A-193 and shall disclose all information required by 42 U3C455.(04, or 421.19C455.105, nr42DSC455.100. 7. Payment Provisions: Payment shall be made in accordance with the Contract Documents as described in the Scope of Work, Attachment B. 8. 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 tlie 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 Services Performed on Behalf of the Department of Social Services: 2 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C Contract 468-3001 Durham Technical Community College IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Nancy Coston, Director Nancy Coston, Director Orange County Department of Social Services Orange County Department of Social Services P.O. Box 8181 113 Mayo Street Hillsborough,NC 27278 Hillsborough,NC 27278 (919)245-2802 ncoston@orangecountync.gov For the Contractor: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Michelle Jordan Durham Technical Community College 1637 East Lawson Street Durham,NC 27703 (919) 536-7200 ext. 4204 9. No Assignment or Sub-Contract: Contractor shall not sub-contract out any of the services provided for in this Agreement or make any assignment of this Agreement(including rights to payments) without the prior written Consent of the County as specified more fully in Attachment A, General Terms and Conditions. 10. Supplementation of Expenditure of Public Funds: The Contractor assures that funds received pursuant to this contract shall be used only to supplement, not to supplant, the total amount of federal, state and local public funds that the Contractor otherwise expends for contract services and related programs. Funds received under this contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Contractor's total expenditure of other public funds for such services. 11. Disbursements: As a condition of this contract, the Contractor acknowledges and agrees to make disbursements in accordance with the following requirements: (a) Implement adequate internal controls over disbursements; (b) Pre-audit all vouchers presented for payment to determine: • Validity and accuracy of payment • Payment due date • Adequacy of documentation supporting payment • Legality of disbursement (c) Assure adequate control of signature stamps/plates; (d) Assure adequate control of negotiable instruments; and (e) Implement procedures to insure that account balance is solvent arid reconcile the account monthly. 12. Outsourcing to Other Countries: The Contractor certifies that it has identified to the County all jobs related to the contract that have been outsourced to other countries, if any. The Contractor 3 Rev. 6/16 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C Contract#68-3001 Durham Technical Community College further agrees that it will not outsource any such jobs during the term of this contract without providing notice to the County. 13. Federal Certifications: Individuals and Organizations receiving federal funds must ensure compliance with certain certifications required by federal laws and regulations. The contractor is hereby complying with Certifications regarding Nondiscrimination, Drug-Free Workplace Requirements, Environmental Tobacco Smoke, Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and Lobbying. These assurances and certifications are to be signed by the contractor's authorized representative. 14. Relationship of the Parties: Contractor is an independent contractor of the County. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. It is further agreed by Contractor that it shall obey all State and Federal statutes, rules and regulations which are applicable to provisions of the services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the County. 15. Termination: This Agreement may be terminated as specified in Attachment A, General Terms And Conditions. 16. Insurance Requirements: Contractor shall obtain, at its sole expense, all insurance as required in Attachment A, General Terms And Conditions. 17. Indemnification: Contractor agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by Contractor in accordance with Attachment A, General Terms And Conditions. It is the intent of this Section that Contractor indemnify County to the full extent permitted by law. 18. Entire Agreement: The parties have read this Agreement, including the Contract Documents, and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties. 19. Interpretation: When the context in which words are used in this Agreement indicates that such is the intent, words shall in the singular number shall include the plural and vice versa. The masculine gender shall include the feminine and neuter. IN WITNESS WHEREOF, the County and the Contractor have been first duly authorized, have executed and entered into this Agreement as of the day and year first above written. 4 Rev. 6/16 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C Contract#68-3001 Durham Technical Community College DURHAM-f ' ICAL COMMUNITY COLLEGE 11441+LUV MOMS VP, Finance and Admin. services12/16/2016 By: _Et61111ER'477E5046.9 William G. Ingram, President Date ORANGE imin,eNORTH CAROLINA )5NUAAG 14,1 GrS(tti 1/15/2017 By: 06379948755E477 Bonnie B. liammersley, County Manager Date 5 Rev. 6/16 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro ATTACHMENT B SCOPE OF WORK Orange County Department of Social Services Federal Tax Id. or SSN Contract# A. CONTRACTOR INFORMATION 1. Contractor Agency Name:__Durham Technical Community Collge 2. If different from Contract Administrator Information in General Contract: Address__ Telephone: Fax: Email:_ 3. Name of Program (s): Education and Traini 4. Status: ( ) Public (X) Private,Not for Profit ( )Private, For Profit 5. Contractor's Financial Reporting Year October l,2016 through September 30, 2017 B. Explanation of Services to be provided and to whom (include SIS Service Code): The Contractor will_provide an Education Navigator to perform the dual roles of developing Food and Nutrition Services Employment and Training service provider models and providing both educational assessments and educational support to Food and Nutrition Services Employment and Training clients. The Contractor is required to meet a1l_gpais and outcomes listed in Attachment N C. Rate per unit of Service(define the unit): 1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart) The County will reimburse the Contractor for the salary arid benefits of the Education Navigator not to exceed $7U`00O. TIte County will also reimburse the Contrao 50% of costs related to books, uniforms, class materials,transportation vouchers, and other educutioo'rc\a(cdsupplies, 2. Negotiated County Rate. D.Number of units to be provided: E. Details of Billing process and Time Frames; The County will reimburse the Contractor for services describ d in this contract up to the bug. ' limits of the contract allotment. For reimburs&.m.nt the Contractor must submit an original two copies ofuu invoice hv the fifth of the month for the vrcccdin. month's expenditures to the designated County Administrator Contract-Scope of Work(06/04) Page 1 of 2 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C The Count will reimburse the Contractor monthl ue0T1 receipt of a complete and correctly filed report F. Area to be served/Delivery site(s): Orange County DocuSigned by: \itUAX,11 CoSIVA, DA-El-El nA-B-3 4.5 Nancy Coston, Social Service Director 12/29/2016 (Date Submitted) DocuSigned by: A4-460,U,W OkaitAAIS 13613&FB-37-7 E504E9 (Signature of Contractor) 12/16/2016 (Date Submitted) Contract-Scope of Work(06/04) Page 2of 2 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro ATTACHMENT C CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS AND CERTIFICATION REGARDING NONDISCRIMINATION Orange County Department of Social Services T. By execution of this Agreement the Contractor certifies that it will provide a drug-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 a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Contractor's policy of maintaining a drug-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 perfonriance 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; B. Notifying the County within ten days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; P. 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; arid Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A), (B), (C), (D), (E), and (17). Federal Certification-Drug-Free Workplace&Nondiscrimination rev. 06'2015 Page ) oC2 ' / onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro ' U. The site(s)for the performance of work done in connection with the specific agreement are listed below: i (Street address) (City, county, state, zi code) 2. (Street (City, county, state, zi code) Contractor will inform the County of any additional sites for performance of work under this agreement. False certification or violation of the certification shall be grounds for suspension of payment, suspension or termination of grants, or government-wide Federal suspension or debarment 45 C.F.R. Section 82.510. Section 4 CFR Part 85, Section 85'615 and 86.620' CERTIFICATION REGARDING NONDISCRIMINATION The Vendor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (p.l.. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act ofl975, asomcndrd (42 \J.S.C. 886l01-6107), which prohibits discrimination on the basis of age; (e) the [)rug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (I) Abuse Treatment, Prevention, Act of 1970 (P.L. 9l-6l6), uaamended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1960 (42 U.S.C. §8360I et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and (i) the requirements of any other nondiscrimination statutes which may apply to this Agreement. E^°""»m=^^,' ��S vP, Finance and Admin. Services __---__-- Signature Title Durham Tech cc I2/16/2010 izahon Date (Certification signature should be same as Contract s ] Federal Certification Drug-Free Workplace&Nondiscrimination rev. 06-2015 Page 2o/2 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C ATTACHMENT D CONFLICT OF INTEREST POLICY Orange County Department of Social Services The Board of Directors/Trustees or other governing persons, officers, employees or agents are to avoid any conflict of interest, even the appearance of a conflict of interest. The Organization's Board of Directors/Trustees or other governing body, officers, staff and agents are obligated to always act in the best interest of the organization.This obligation requires that any Board member or other governing person,officer,employee or agent, in the performance of Organization duties, seek only the furtherance of the Organization mission. At all times, Board members or other governing persons, officers, employees or agents, are prohibited from using their job title, the Organization's name or property, for private profit or benefit. A. The Board members or other governing persons, officers, employees, or agents of the Organization should neither solicit nor accept gratuities, favors, or anything of monetary value from current or potential contractors/vendors, persons receiving benefits from the Organization or persons who may benefit from the actions of any Board member or other governing person, officer, employee or agent. This is not intended to preclude bona-fide Or: nization fund raising- activities. B.A Board or other governing body member may, with the approval of Board or other governing body, receive honoraria for lectures and other such activities while not acting in any official capacity for the Organization. Officers may, with the approval of the Board or other governing body, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. Employees may, with the prior written approval of their supervisor, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. If a Board or other governing body member, officer, employee or agent is acting in any official capacity, honoraria received in connection with activities relating to the Organization are to be paid to the Organization. C. No Board member or other governing person, officer, employee, or agent of the Organization shall participate in the selection, award, or administration of a purchase or contract with a vendor where,to his knowledge, any of the following has a financial interest in that purchase or contract: I. The Board member or other governing person,officer, employee,or agent; 2. Any member of their family by whole or half blood, step or personal relationship or relative-in-law; 3. An or::nization in which any of the above is an officer,director, or employee; 4. A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment or contracts. D. Duty to Disclosure -- Any conflict of interest, potential conflict of interest, or the appearance of a conflict of interest is to be reported to the Board or other governing body or one's supervisor immediately. E.Board Action-- When a conflict of interest is relevant to a matter requiring action by the Board of Directors/Trustees or other governing body,the Board member or other governing person, officer,employee,or agent(person(s))must disclose the existence of the conflict of interest and be given the opportunity to disclose all material facts to the Board and members of Conflict of Interest Policy(06/15) Page 1 of 3 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C committees with governing board delegated powers considering the possible conflict of interest. After disclosure of all material facts,and after any discussion with the person,he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists. In addition,the person(s)shall not participate in the final deliberation or decision re rding the matter under consideration and shall leave the meeting during the discussion of and vote of the Board of Directors/Trustees or other governing body. F. Violations of the Conflicts of Interest Policy — If the Board of Directors/Trustees or other governing body has reasonable cause to believe a member, officer, employee or agent has failed to disclose actual or possible conflicts of interest, it shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose. lf, after hearing the person's response and after making further investigation as warranted by the circumstances, the Board of Directors/Trustees or other governing body determines the member, officer, employee or agent has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action. G. Record of Conflict -- The minutes of the governing board and all committees with board delegated powers shall contain: 1. The names of the persons who disclosed or otherwise were found to have an actual or possible conflict of interest, the nature of the conflict of interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether a conflict of interest in fact existed. 2. The names of the persons who were present for discussions and votes relating to the transaction or arrangement that presents a possible conflict of interest, the content of the discussion, including any alternatives to the transaction or arrangement, and a record of any votes taken in connection with the proceedings. Approved by: r-e6< Name of Organization Mar Signature of Or::nization Official Date Conflict of Interest Policy(06/15) Page 2 of 3 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C NOTARIZED CONFLICT OF INTEREST POLICY State of North Carolina County of Orange 1111 ,fie^'`° , Notary Public for said County and State, ,.A before me this certify that � �e `� �:', � � �, personally appeared eared PP day and acknowledged that he/she is ' , r " a t (; isf k%)6/12,AVA A 1 rtArit . . . .t 1 t 4, and by that authority duly given and as the act of the corporation, affirmed that the foregoing Conflict of Interest Policy was adopted by the Board of Directors/Trustees or other governing body in a meeting held on the day of Sworn to and subscribed before me this 4221,_k_day of jy �, ,� ° (Official Seal) Notary Public My Commission expires 20 AP/ Conflict of Interest Policy(06/15). Page 3 of 3 DocuSign Envelope ID:00FE0B2E-F9BE-4D36-97AE-1776640D2D7C 'oreA DURHAM T E C I s s 107 1, ATTACHMENT E OVERDUE TAXES Orange County Department of Social Services Instructions: Grantee/Provider should complete this certification for all funds received. Entity should enter appropriate data in the yellow highlighted areas. The completed and signed form must be provided to the County Department of Social Services. Date of Certification: 12/15/2016 To: Orange County Department of Social Services Certification: We certify that the Durham Tech Community College does not have any overdue tax debts,as defined by N.C.G.S. 105-243.1',at the federal, State,or local level. We further understand that any person who makes a false statement in violation of N.C.G.S. 143C-6-23(c) is guilty of a criminal offense punishable as provided by N.C.G.S. 143C-10-1(b). Sworn Statement: MaryAnn E.Black and Matthew Williams being duly sworn,say that we are the Board Chair and Matthew Williams— Vice President, Finance& Administrative Services, respectively,of Durham Tech Community College of Durham in the State of North Carolina; and that the foregoing certification is true,accurate and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. :..rd lair Vice President, Finance&Administrative Services Sworn to and subscribed before me on the day of the date of said certification. 01_41 . • i I AV2.0/1 R-ExPialf (Notary Signature and Seal) B Oil of „by • Public • ' • G.S. 105-243.1 defines:Overdue tax debt. -Any part ol a tax debt that remains unpaid 90 days or more after the notice of final assessment was mailed to the taxpayer The term does not include a tax debt,however,if the taxpayer entered into an installment agreement for the lax debt under G S. 105-237 within 90 days after the notice of final assessment%%as mailed and has not failed to make any payments due under the installment agreement." Overdue Taxes- (07108) Page I of 1 _ onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro ATTACHMENT G CERTIFICATION REGARDING LOBBYING Orange County Department of8ocia| 3en/ioeu Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid ncvi8hcpaidhyornohohu|fofthenndezuignod, to any person for influencing or attempting to influence an officer or employee of any Federal, stale or local government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of a Member of the General Assembly in connection with the awarding of any Federal or state contract, the making of any Federal or state grant, the making of any Federal or state loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal or state contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal, state or local government agency, a M mber of Congress, a Member of the General Assembly, an officer or employee of Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of a Member of the General Assembly in connection with the awarding of any Federal or state contract,the making of any Federal or state grant,the making of any Federal or state loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352" Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs associated with the following activities are unallowable: Paragraph A. (1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity; (2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political action committee, or other organization established for the purpose of influencing the outcomes of elections; , (3) Any attempt to influence: (i)The introduction of Federal or Stat legislation; or(ii) the enactment or modification of any pending Federal or State legislation through communication with any member or employee of the Congress or State legislature (including efforts to influence State or local Federal Certification---- Lobbying,(06/15) Page 1 of 3 --' onnunign Envelope ID:onFsoexE-F9eE-4006-*7As177no400eoro officials to engage in similar lobbying activity) or with any Government official or employee in connection with a decision to sign or veto enrolled legislation; (4) Any attempt to influence: (i)The introduction of Federal or State legislation; or(ii)the enactment or modification of any pending Federal or State legislation by preparing, distributing or using publicity or propaganda, or by u 'ngrmumbenoFdhcgcoeca|puhUcormnyaegncni(bcromftnuoot ]hn1ek` or participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing or telephone campaign; or (5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering information regarding legislation, and analyzing the effect of legislation, when such activities are carried on in support of or in knowi preparation for an effort to engage in unallowable lobbying. The following activities as enumerated in Pa B are excepted from the coverage of Paragraph A: Paragraph B. (1) Providing a technical and factual presentation of information on a topic directly related to the performance of a grant, contract or other agreement through heari testimony, statements or letters to the Congress or a State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented request (including a Congressional Record notice requesting testimony or statements for the record at a regularly scheduled hearing)made by the recipient member, legislative body or subdivision, or a cognizant staff member thereof; provided xoohiofbru/odnoisncudUy obtainable and can be readily put in deliverable form; and further provided that costs under this section for travel, lodging or meals are unallowable unless incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommitt e conducting such hearing. (2) Any lobbying made unallowable by subparagraph A (3)to influence State legislation in order to directly reduce the cost, or to avoid material impairment of the organization's authority to perform the grant, contract, or other agreement. (3) Any activity specifically authorized by statute to be undertaken with funds from the grant,contract, or other agreement. Paragraph C. (1) When an organization seeks reimbursement for indirect costs,total lobbying costs shall be separately identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in accordance with the procedures of subparagraph B.(3). (2) Organizations shall submit, as part o the annual indirect cost rate proposal, a certification that the requirements and standards of this paragraph have been complied with. (3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being allowable or unallowable pursuant to this section complies with the requirements of this Circular. (4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with this paragraph during any particular calendar month when: (1)the employee engages in lobbying(as defined in subparagraphs(a) and (b)) 25 percent or less of the employee's compensated hours of employment during that calendar month, and(2) within the preceding five- year period,the organization has not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs. When conditions(1)and(2)are met, organizations are not required to establish records to support the allowability of claimed costs in addition to records already required or maintained. Also, when conditions (1)and (2) are met,the absence of time logs, calendars, or similar records will not serve as a basis for disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month. Federal Certification—Lobbying(06/15) Page 2 of 3 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro (5) Agencies shall establish procedures for resolvi in advance, in consultation with 0MB, any significant questions or disagreements concerning the interpretation or application of this section. Any such advance resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant or contract for purposes of interpretation of this Circular; provided, however, that this shall not be construed to prevent a contractor or grantee from contesting the lawfulness of such a determination. Paragraph D. Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an employee or officer of the Executive Branch of the Federal Government to give consideration or to act regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter. ^'' vP, Finance and Admin. services [DocuSigned Eit Signature �� ��� Title Durham Tech CC 12/16/2016 Agency/Organization Date (Certification signature should be same as Contract signature.) Federal Certification—Lobbying(06/15) Page 3 of 3 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro ATTACHMENT H CLR1 if ICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS Orange County Department of Social Services Instructions for Certification I. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a mat riul representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to which the proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 13549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lop/crhcrpudiuipuot agrees by submitting proposal that, should the ~ pznposcd covered�uuyac{ionhc entered into, it shall not knowingly cn� tier run� |o�crooven:d transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency of which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurenierit List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Federal Certification'Debarment(V6/l5) Page 1 of 2 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro V. Except for transac iooa authorized in paragraph 5 of these instructions, if a partici in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department magency *db which this transaction originated may pursue available remedies, including Suspension, and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (I) The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier partici ao| is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. DocuSigned by: � ' ` `~~(A)A1 VP, Finance and Admin. Services °--wwxO.F.ua+-E-5Q4644— Signature Title Durham Tech CC I2/I6/2010 Agency/Organization Date (Certification signature should be same as Contract signature.) Federal Certification Debarment(06/15) Page 2 of 2 onnunign Envelope ID:onFsoexE-F9eE-4006-*7As177no400eoro ATTACHIVIENT M STATE AND LOCAL CERTIFICATION Contractor Certifications Required by North Carolina Law Orange County Department of Social Services Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing. • The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: hLty://nww.ncgo.statc.no.us/E ogislu(iun/3lm1utca/P rtiuio/Cbap<cc 64/Article 2.pd[ • The text of G.S. 105-164.8(b) can be found online at: htt ://vavwoo ntate.ric.us/Enacted Legiu|u1ioo/3kautes/PD[YBySnction/Chupt S_105'164.8.pdf • The text of G.S. 143-48.5 (S.L. 2013'418, s. 2.(d)) can be found online at: http6www.00ga.ytate.nc.us/Sceyions/2{U^]/Qi||s/8ouyc/PI)F/}f786v6.ndf • The text of G.S. 143-59.1 can be found online at: http:Vwwv/.ncgn.p1vte.no.uo/EnuctedLcgis)atinn/Stutu1ca/PDF/8vSeoriou/Cbupte[_l43/GS |43'59.|.pdf • The text of G.S. 143-59.2 can be found online at: .ncgu.x1utn.ocuo/EnuoteiLegidu1loo/5\ntutea/PDF/BySecdoo/Cb 43/GS 143-59.2.pdf • The text ofG.S. |47-33.95(g) (5.L. 2Ol3'4l8, n. 2. (e))can be found online at: http:yn *w.nogu.ataic.nc.un/Scsoiols/20|3/Bi||y/8ouxe/Pl}F/A786v6.pdf • The text of Orange County Living Wage Contractor Policy which is attached to this document. Certifications (1) Pursuant to G.S. 143-48.5, the undersigned hereby certifies that the Contractor named below, and the Contractor's subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system," E-Verify System Link: vvv/v/�scis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to arid must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verifv. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(6), the undersigned hereby certifies that the Contractor named below is not an "ineligible Contractor"as set forth in 0.5. 143-59.1(a)because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or Contractor Certifications Required by North Carolina Law Page 1 of 3 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro more of the conditions of G.S. |O5'l64.X(h); and (b) [check one of the fb!lowing boxesj E Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a "tax have country" as set forth in G.S. |43-59.l(o)(2) after December 3l` 200l; ur E The Contractor or one of its affiliates has incorporated or reincorporated in a"tax haven country' as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not tb« principal market for the public trading of the stock of the corporation incorporated in the t. , haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor's officers, directors, or owners (if the Contractor is an unincorporated business enti ) has been convicted of any violation of Chapte 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 year immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (a) He or she is a duly authorized representative of the Contractor named below; (b) He or she is authorized to make, and does hereby make, the foregoing certifications on behalf of th; Contractor; and , (c) He or she understands that any person who knowingly submits a false certification in response to 1bv requirements of S. l43'59.lomd '59.2 shall he guilty of a Class I felony. (5) Pursuant to the Orange County Living Wage Contractor's Policy: (a) The undersigned certifies that the Contractor pays the employees who perform services under this contract u living wage (in Orange County currently $13.15 per/hr.) Check here 1 if contractor pays enmployuc% performing under this contract a living wage. If Contractor does not pay employees a living wage, what is th wage that employees performing services under this contract paid Durham Tech CC o�"»m=v^'' - _ ___-_--_- --------- Co c ���' ' -- IZ/l6/ZOl6 aoDOFB377E504E9- Signature of Contractor's Authorized Agent Date Matthew williams vP. Finance and Admin. service Priot /\ r'u&utborizcdgent Title `^~~ controller Signature of Witness Title Andrew Kleitsch I2/16/2016 Printed Name of Witness Date The witness should be present when the Contractor's Authorized Agent signs this certification and should sign and duh this document immediately thereafter. Contractor Certifications Required by North Carolina Law Page 2of) onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro EDocuSigned by: | —°='""^° "— °U~' VP, Finance and Admin. services \__ Signature Title 12/16/2016 Durham Tech cc Agency/Organization Date (Certification signature should be same as Contract signature.) Outcomes (06/04) Page 2 of 2 onnunign Envelope ID:onFsoexE-F9eE-4006-*7As177no400eoro ATTACHMENT N OUTCOMES AND REPORTING Orange County Department of8ouiu| Scrvices By signing and submitting this document,the Contractor certifies that it agrees to the following: 1. The Contractor agrees to participate in program, fiscal and administrative monitoring and/or audits, making records and staff time available to Federal, State and County staff. 2. The Contractor agrees to take necessary steps for corrective action, as negotiated within a corrective action plan, for any items found to be out of compliance with Federal, State, and County laws, regulations, standards and/or terms of the Contract. 3. The Contractor agrees that continuation of and/or renewal of this Contract is contingent on meeting the following requirements. The Cootn�ctoru�roeoto� . ' A. Provide educational assessments to referred Food and Nutrition Services Employment and Training clients B. Define educational pathways for Food and Nutrition Services Employment and Training clients based on assessment and client goals 1. Adult Literacy 2. Occupational/vocational training 3. Employability Skills 4. Curriculum programs of study C. Provide employability skills training opportunities within the Orange County Department of Social Services office as appropriate D. Provide Orange County Department of Social Services staff with informational material on community college educational opportunities, schedules and Education Navigator contact C. Report monthly to Orange County Departnaent of Social Services staff Food and Nutrition Services Employment and Training clients served by the Education Navigator including: I. Entry 2. Progress 3. Completion 4. Outcomes (Further training, employment, etc...) F. Refer Food and Nutrition Services Employment and Training clients to Food and Nutrition Services Employment and Training partners to support student success 1. NCWorks Career Centers 2. Community Based Organizations G. Refer community college students to Orange County Department of Social Services for Food and Nutrition Services Employment and Training services as appropriate R. Collaborate with Orange County Department of Social Services interagency team to develop models of community college and Department of Social Services (DSS)County office partnerships to support student success and DSS vision I. Assist North Carolina Community College System in developing 50/50 reimbursable models of funding for sustainable community college partnerships J. Assist other North Carolina community colleges in implementing partnership models with local [)S8 county offices as Food and Nutrition Services Employment and Training plans scale across the state K. Participate in state level meetings and conferences to share best practices and challenges to implementation Outcomes (06/04) Page 1 of 2 onnunign Envelope ID:onFsoexE-F9eE-4000-97As177nn400eoro Section 1: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21, 2016 .Revisions: Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is $12.76 per hour. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.12 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage aniount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office Contractor Certifications Required by North Carolina Law Page 3 of 3 DocuSign Envelope ID:00FEOB2E-F9BE-4D36-97AE-1776640D2D7C ................N DURH-14 OP ID:KO A`©R©` CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDmYY) 12/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 'warCONTACT: Barry C.Curtis ". First Insurance Services,Inc. 'PHONE 919-941-0549 FAX 918-941-0135 P.O.Box 13687 tail,EA); wc.Noy , RTP,NC 27709 1huL Barry C.Curtis INSURER(SI AFFORDING COVERAGE MAX r INSURER A:Gra phic Arts Mutual Ins,Co. 25984 INSURED Durham Technical Community INSURER e:Bridgefield Casualty Ins.Co. 10335 College, Inc. 1637 Lawson Street INSURER C: " Durham,NC 27703 INSURER D: .. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS yNSR ODL "'I POLICY EFF POLICY SNIP UNITS LTR TYPE Of INSURANCE NSO WW1 POLICY NUMBER )MMIOOIYYYYI IMMrOD/YYYY1 A X COMMERCIAL GENERAL LIASIUTY EACH OCCURRENCE S 1,000,001 CLAIMS-MADE X OCCUR CPP1396174 'DAMAGE EN Rs{3 occurrence} $ 50,001 MED EXP/Any one peraolli $ 5,001 P£RSONAI.I:ADV INJURY S 1,000,00 GEN'L AGGREGATE LIMIT APPLIESPER. GENERAL AGGREGATE S 3,000,001 POLICY J El ECT LOC PR • E(�� PRODUCTS.COMP/OP AGO, S 3,000,00 J OTHER: S AUTOMOBILE UABILm COMBINED SINGLE LIMIT S 1,000,001 (Es=Ace) A X my AUTO CPP1395174 07/01/2016 07101/2017 BODILY INJURY(Pot person) 3 AUTOS D AUTOSULED 'BODILY INJURY(Per scadenty S X HIRED AUTOS X AUTOS IPPROPE (DAMAGE S 5 )4 UMBRELLA UAB 1 X OCCUR EACH OCCURRENCE S 3,000,001. A exCISS LIAO CLAIMS-MADE CULP1784352 07/01/2016 07/01/2017 AGGREGATE S 3,000,001' DED I X I RETENTIONS 10,000 LL S MWORKERS COMPENSATION X I1ER 0TH. AND EMPLOYERS'LIABILITY I STATUTE ER Y B ANY PROPRIETORRARTNERIExECUTIVE ri Ni A 19632006 07101/2016 07/01/2017 E L EACH ACCIDENT S 500,001 OFFICER/MEMBER EXCLUDED? (Mandatory M NMI E L DISEASE-EA EMPLOYEE 3 500,00 I M dealzdie under 300,00 DESCRIPTION OF QPERATIQNS WOW E L DISEASE o POLICY LIMIT A School Dist Educ CP1395174$10y+/ RETAINED 07/01/2016 07/01/2017 Occurr 1,000,0 1. Liability LIMIT CLAIMS MADE Aggret 3,000,01+' DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,any be attached K more space Is requlnd) CERTIFICATE HOLDER CANCELLATION. ORANGE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County De Ent of T'H'E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ty P ACCORDANCE WITH THE POLICY PROVISIONS. Social Services 113 Mayo Street PO Box 8181 AUTHCMIIiEDRSPIe88ENTaTNE Hillsborough, NC 27278 4411 J,kj r a"0I le it43/( 1906-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD