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HomeMy WebLinkAbout2019-339 Aging - TJCOG SEEA grant Handy Helpers program .fir' F �Y - S 3•f CONTRACT AGREEMENT Between the TRIANGLE J COUNCIL OF GOVERNMENTS and ORANGE COUNTY DEPARTMENT ON AGING FOR THE PROVISION OF SERVICES RELATED TO THE SOUTHEASTERN ENERGY EFFICIENCY ALLIANCE, INC. GRANT: DULY 1,2019--FEBRUARY 28,2021 This AGREEMENT, entered into on the 1"*' day of --1J 2019, by and between the Triangle J Council of Governments (hereinafter referred to as the"TJCOG"), 4307 Emperor Boulevard, Durham NC 27703, and Orange County, a local political subdivision of the State of North Carolina, by and through its Orange County Department on Aging, (hereinafter referred to as the"Sub recipient"), 2551 Homestead Road, Chapel Hill NC 27516,WITNESSETH THAT: WHEREAS,TJCOG has received a grant from the Southeastern Energy Efficiency Alliance, Inc. ("SEEA"}to advance energy efficiency gains in the region. The grant funds will be used to improve collaboration between public and private partners in Chatham and Orange counties to streamline the access,implementation,and performance of home repair and weatherization programs; WHEREAS, in response to the needs of its member governments,partners and/or clients, TJCOG has obtained the services of the Orange County Department on Aging to participate with the Southeastern Energy Efficiency Alliance,Inc. ("SEEA")Grant;and, WHEREAS, Sub recipient wishes to enter into an agreement with TJCOG to complete the following; 1) Design and develop improved project processes including,but not limited to, the unified application process, unified waiver and data sharing procedures, developing a streamlined income verification and centralized assessment processes, developing a shared database,and identifying ongoing evaluation processes; 2) Support meetings of service provider and referral partners to identify and resolve challenges with the collaborative approach and continue to refine tools as needed; and 3) Document the program methodology and key processes for replication in other counties around the Triangle and beyond. NOW, THERFORE, IT IS AGREED among the parties that the following terms and conditions shall apply to the delivery of services: 1. Definitions. The following words and phrases shall have the general meaning(s) as set forth below for the purposes of this agreement. 1 ■ "Person" shall mean an individual, partnership, corporation, limited liability Company, association, trust, joint venture, unincorporated organization and any government, governmental department or agency or political subdivision thereof. ■ "Termination Date" shall mean the last day of the Term. 2. Term.The terra,of the Service Agreement(the"Term") shall commence on January 1, 2019 and will terminate on the earlier of the(1)date the Council completes the Project, or(ii)February 28,2021. 3. Scope of Services. Sub recipient shall provide TJCOG such assistance as is outlined within the Southeastern Energy Efficiency Alliance Grant Statement of Work(Exhibit A). 4. Compensation. TJCOG shall pay a maximum of$10,000 to the Sub recipient to carry out the tasks outlined in Exhibit A.TJCOG shall reimburse Sub recipient on a quarterly basis,with the quarter beginning July 1,2019. The Sub recipient will invoice TJCOG for fees in quarterly payments of$2,500 for Year 1,and quarterly payments of$1,250 for year two,no later than 10 days following the end of the quarter. Total Grant Total Grant Year 1 Year 2 Funds Funds per Quarterly Quarterly Reimbursable Calendar Year Reimbursable Amount Amount $10,000 $5,000 $2,500 $1,250 ■ Reimbursement Guidance.Requests for reimbursements must be made electronically to ebrownaticog.org. To request reimbursement,the Sub recipient must submit a completed invoice within 10 days of the end of each quarter. The Invoice Template is attached as Exhibit B. The Sub recipient must also submit a Quarterly Progress Report with the reimbursement request, as outlined below. 5. Reporting. Written progress reports shall be submitted on a quarterly basis to TJCOG by the Sub recipient using the Quarterly Progress Report Template(Exhibit C). Progress reports shall be delivered to TJCOG electronically with the quarterly invoice within 10 days of the end of each quarter. Sub recipients will submit a final project summary no later than January 31,2021. A template for this final report will be provided by TJCOG. 6. Invoicing and Reporting Schedule. Due dates for invoices and reports are as follows; • October 10,2019 for Q3 (July—September) ■ January 10,2020 for Q4 (October—December) ■ April 10,2020 for Q5 (January—March) • July 10, 2020 for Q6(April—June) ■ October 10,2020 for Q7 (July—September) • January 10,2021 for Q8 (October—December) 2 7. Project Records. The Sub recipient shall maintain all books, documents, papers, accounting records, Project records and such other evidence as may be appropriate to substantiate costs incurred under this Agreement. Further,the Sub recipient shall make such materials available at its office and shall require its agent to make such materials available at its office at all reasonable times during the contract period,and for five(5) years from the date of payment of the final voucher. S. Amendments-Waiver. Any amendment to or modification of this Agreement and any waiver of any provision hereof, shall be in writing and shall require the prior written approval of TJCGG and Sub recipient. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to contracts made and to be performed therein. 10. Consent to Jurisdiction. Each Party hereby agrees to submit to the nonexclusive jurisdiction of the court in and of the State of North Carolina and to the courts to which an appeal of the decisions of such courts may be taken and consents that service of process with respect to all courts in and of the State of North Carolina may be made by registered mail to such address set forth on page 1 hereof. 11. No Third Party Beneficiaries. This Agreement is not intended to confer any rights or remedies upon any Person other than the parties hereto and their successors and permitted assigns. 12.Independent Contractors. The parties expressly acknowledge hereto that the relationship of Sub recipient to TJCGG is that of independent contractors. Nothing contained in this Agreement shall create an employer-employee, principal-agent, or partnership relationship between Sub recipient and TJCGG. TJCGG shall not exercise control or direction over the manner or method by which services are rendered by Sub recipient hereunder, either expressly or by implication. 13. Termination. This Agreement may be terminated by either TJCGG or Sub recipient upon thirty(30)days written notice without penalty. In the event of such termination, TJCGG shall be liable only for payments due hereunder for expenses and services rendered by Sub recipient prior to the date of the notice of termination. 14. Successors and Assigns. Neither of the Sub recipient parties shall have the right to assign this Agreement to its successors and assigns, including all covenants and agreements hereunder, without the prior written consent of either TJCGG or Sub recipient. 15. Captions:_Gender and Number. The captions of the sections of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of this Agreement. The gender and number used in this Agreement are used as reference terms only and shall apply with the same effect whether the parties are of the masculine,neuter or feminine gender, corporate or other form, and the singular shall likewise include the plural. 3 16. Entire Agreement. This Agreement constitutes the full and entire understanding and agreement between the parties hereto with regard to the subject hereof,and supersedes all prior agreements and understandings,whether oral or written,with respect hereto. 17. E - Ver' . Sub recipient shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with North Carolina General Statute 64-25 et seq. In addition, to the best of Sub recipients' knowledge, any Sub recipient employed by TJCOG as a part of this Agreement shall be in compliance with the requirement of E-Verify and North Carolina General Statute 64-25 et seq. 18.Iran Divestment Act Certification. (Applicable only to contracts/agreements valued at $1,000.00 or more). Sub recipient certifies that,as of the date listed on this contract,it is not on the Final Divestment List as created by the State Treasurer pursuant to North Carolina General Statute 147-86.55,et seq. In compliance with the requirements of the Iran Divestment Act and North Carolina General Statute 147-86.59,Sub recipient shall not utilize in the performance of the contract any Sub recipient that is identified on the Final Divestment List. IN WITNESS WHEREOF, this Agreement has been executed in duplicate originals, one of which is retained by each parry as of the date and year first above written. p TRIANGLE J COUNCIL O GOV TS By: Date: ~ Lg ' orsley,Executive ector,TJCOG ORANGE COUNTY By: r r Date: Z1'/,Z I This instrument has been pre-audited in the manner required by the Local Government Budget an Fiscal Contr l Act. f By: ''� Date: - V Judy Weller,Finance Director,TJCOG 4 Exhibit B Invoice Template GRG NAME INVOICE ADDRESS Invoice#X Invoice Date: Quarter X (Date--Dated To: Erika Brown Triangle 7 Council of Governments 4307 Emperor Blvd., Suite 110 Durham,NC 27703 919-558-9319 ebrown@, cod orb Comments: Allocation of SEEA Grant funds,see attached quarterly report. Description Amount Quarter X,20XX- Scope of Work under A Bement 2019-SEEA-110 I $XX.XX Total: I $XX.XX 5 Exhibit C Progress Report Template Southeast Energy Efficiency Alliance Quarterly Report Reporting Organization Name: Author Name: Author Title: Email: Contact Number: Reporting Period: [MMIDDIYY—MMIDDIYY] SEEA Funds Expended This Quarter: SEEA Funds Expended To Date: Match Amount Expended This Quarter(if applicable): Match Amount Expended To Date(if applicable): Description of Activities: Provide a bulleted detail of activities performed during the reporting period. Progress Update: Provide a narrative description of the projects progress during this period. Include any milestones achieved, significant learnings and an assessment of progress towards project goals. 6