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Home My WebLink About2018-570-E County Mgr - Shana Overdorf grant writing servicesRevised 10/17(Mgr apprv 5k 6/18)1 [Departmental Use Only] TITLECoC Grant Writing FY2018-2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17thday of September, 2018, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Shana Overdorf(the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/ormaterialsand/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: 15 hours of grantwriting and consulting for the 2018 Continuum of Care competition, $40 per hour: craft and edit narrative questions, providing analysis to maximize potential scoring on collaborative application, and proofreading. The term of this agreement rendered shall be from September 17, 2018to September 30, 2018. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County.Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior writtenapproval of the County. SPECIFIC TERMS 1.Payment: TheCounty agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed six hundred dollars, ($600.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider failto perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2.Non–waiver:Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3.Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4.Insurance:Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may DocuSign Envelope ID: BD5CC3C5-E9AF-4324-A592-F317475BB73F Revised 10/17(Mgr apprv 5k 6/18)2 be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5.Indemnity: The Provider agrees, without limitation,to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Providerin carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 6.Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider.County may suspend this Agreement upon reasonable notice to Provider. 7.Entire Agreementand Signatures: The parties have read this Agreement 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 unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature.This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8.Governing Lawand Priority:Both parties agree that this Agreement shall be governed by the laws of the State of North Carolinaand Orange County.Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policyand Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractoridentified, on the list created by theState Treasurer pursuant to G.S. 147-86.58.By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractoridentified, on the list created by the State Treasurer pursuant to G.S. 147-86.81.By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9.Dispute Resolution:Neither party may initiate binding arbitration. Any disputesshall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. DocuSign Envelope ID: BD5CC3C5-E9AF-4324-A592-F317475BB73F Revised 10/17(Mgr apprv 5k 6/18)3 10.Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTYPROVIDER By: _________________________By: _________________________ Department DirectorTitle: ________________________ 200 S. Cameron St.Shana Overdorf, Writer P.O. Box 8181939 St Mary's St Hillsborough, NC 27278Raleigh, NC 27605 DocuSign Envelope ID: BD5CC3C5-E9AF-4324-A592-F317475BB73F From:Corey Root To:Melissa Allison Subject:FW: OK to waive insurance COI for contract? Date:Thursday, September 13, 2018 9:59:57 AM Corey Root | Homeless Programs Coordinator | Orange County Partnership to End Homelessness Pronouns: she, her, hers 200 S. Cameron St., PO Box 8181, Hillsborough, NC 27278 | (919) 245-2496 | croot@orangecountync.gov From: Travis Myren Sent: Thursday, September 13, 2018 9:55 AM To: Corey Root Cc: Alisa Cornetto Subject: RE: OK to waive insurance COI for contract? Yes. We can waive the insurance requirement. Travis From: Corey Root Sent: Thursday, September 13, 2018 9:13 AM To: Travis Myren Cc: Alisa Cornetto Subject: OK to waive insurance COI for contract? Hi Travis, I hope you are doing great. I am using some of the CoC Planning Grant funds to hire a grantwriter to help with the HUD Continuum of Care (CoC) grant application. As with all County contracts, Alisa is looking for the required COI with the contract. The contractor to be is a writer working from her home, OK to waive this COI requirement in this case? The grant is due to HUD September 26, 2018 , I was hoping to have her start work next week. I apologize for the last minute-ness of this request, I just found out this person was available for this work – she was extremely successful in Wake County at writing this grant and getting increased funding from HUD. It will be very valuable to get her help if at all possible. Let me know if I can get you more information, etc. All the best, -corey Corey Root | Homeless Programs Coordinator | Orange County Partnership to End Homelessness DocuSign Envelope ID: BD5CC3C5-E9AF-4324-A592-F317475BB73F Pronouns: she, her, hers 200 S. Cameron St., PO Box 8181, Hillsborough, NC 27278 | (919) 245-2496 | croot@orangecountync.gov DocuSign Envelope ID: BD5CC3C5-E9AF-4324-A592-F317475BB73F