HomeMy WebLinkAbout2021-199-E-Aging-Triangle J Council of Governments-Supplemental Weatherization Grant DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
CONTRACT AGREEMENT
Between the
TRIANGLE J COUNCIL OF GOVERNMENTS
And the
ORANGE COUNTY DEPARTMENT ON AGING
FOR THE PROVISION OF SERVICES RELATED TO THE
NC DEPARTMENT OF ENVIRONMENTAL QUALITY COLLABORATIVE
SUPPLEMENTAL WEATHERIZATION, ENERGY EFFICIENCY, URGENT REPAIR
AND BENEFICIAL ELECTRIFICATION GRANT:
MAY 1, 2021 —SEPTEMBER 30, 2021
This AGREEMENT, entered into on the first day of December 1, 2020, by and
between the Triangle J Council of Governments (hereinafter referred to as the "TJCOG"),
4307 Emperor Boulevard, Durham NC 27703, and Orange County Department on Aging,
(hereinafter referred to as the "Sub recipient"), 2551 Homestead Road, Chapel Hill NC
2751, WITNESSETH THAT:
WHEREAS, TJCOG has received federal CARES Act funding from the NC
Department of Environmental Quality ("DEQ") to advance weatherization, energy
efficiency (EE), urgent repair and beneficial electrification gains in the region and across
North Carolina. The grant funds will be used to improve collaboration between public and
private partners in the Triangle Region and explore collaborative opportunities with
partners statewide 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 Rebuilding Together of the Triangle, Inc. to
participate with the NC DEQ Collaborative Supplemental Weatherization, Energy
Efficiency, Urgent Repair and Beneficial Electrification Program; and,
WHEREAS, Sub recipient wishes to enter into an agreement with TJCOG to
complete the following;
1) Continue to develop improved project processes including, but not limited to,
the unified application process, unified waiver and data sharing procedures,
developing a centralized assessment processes, developing a shared database,
and identifying ongoing evaluation processes; and
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.
NOW, THERFORE, IT IS AGREED among the parties that the following terms and
conditions shall apply to the delivery of services:
1
DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
1. Definitions. The following words and phrases shall have the general meaning(s) as set
forth below for the purposes of this agreement.
■ "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 term of the Service Agreement(the "Term") shall commence on December
1, 2020 and will terminate on the earlier of the (1) date the Council completes the
Project, or(ii) September 30, 2021.
3. Scope of Services. Sub recipient shall provide TJCOG such assistance as is outlined
within the NC DEQ Collaborative Supplemental Weatherization, Energy Efficiency,
Urgent Repair and Beneficial Electrification Program Scope of Work(Exhibit A).
4. Compensation. TJCOG shall pay a maximum of$5,000.00 to the Sub recipient to carry
out the tasks outlined in Exhibit A specifically for costs associated with Personnel.
TJCOG shall reimburse Sub recipient on a monthly basis. The Sub recipient will
invoice TJCOG for fees in equal monthly payments of$1,000 each month for 5 months,
no later than 10 days following the end of the month. All funds must be expended by
September 30, 2021.
Budget Item Total Grant Maximum Monthly
Funds Reimbursable Amount
Personnel $5,000.00 $1,000
TOTAL $5,000.00
■ Reimbursement Guidance. Requests for reimbursements must be made
electronically to Erika Brown,Housing Program Manager at ebrown@tjcog.org
and Katrese Hale,Planner II at khale@tjcog.org.To request reimbursement,the
Sub recipient must submit a completed invoice within 10 days of the end of
each month. The Invoice Template is attached as Exhibit B. The Sub recipient
must also submit a Monthly Progress Report with the reimbursement request,
as outlined below.
5. Reporting. Written progress reports shall be submitted on a monthly basis to TJCOG
by the Sub recipient using the Monthly Progress Report Template(Exhibit Q.Progress
reports shall be delivered to TJCOG electronically with the monthly invoice within 10
days of the end of each month. Sub recipients will submit a final project summary no
later than October 10,2021.A template for this final report will be provided by TJCOG.
2
DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
6. Invoicin and Reporting Schedule. Due dates for invoices and reports are as follows:
• May 10, 2021
• June 10, 2021
• July 10, 2021
• August 10, 2021
• September 10, 2021
• October 10, 2021
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.
8. 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 TJCOG 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 I 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 TJCOG is that of independent contractors. Nothing
contained in this Agreement shall create an employer-employee, principal-agent, or
partnership relationship between Sub recipient and TJCOG. TJCOG 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 TJCOG or Sub recipient
upon thirty (30) days written notice without penalty. In the event of such termination,
TJCOG 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
3
DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
agreements hereunder, without the prior written consent of either TJCOG 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.
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 - Verify. 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.
4
DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
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.
TRIANGLE J COUNCIL OF GOVERNMENTS
By: Date:
Lee Worsley, Executive Director
ORANG TY DEPARTMENT ON AGING
bIn IMF (�AAMwtws 4/24/2021
By: � Date:
Print Name Title
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
By: Date:
Judy Weller, Finance Director
5
DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
Exhibit B
Invoice Template
ORG NAME INVOICE
ADDRESS
Invoice#X
Invoice Date: XX/XX/XXXX
Month (Date—Date)
To:
Erika Brown
Triangle J Council of Governments
4307 Emperor Blvd., Suite 110
Durham,NC 27703
919-558-9319
ebrownktic• og_org
Comments: Allocation of NC DEQ Grant funds, see attached monthly reporting.
Description Amount
Month X, 20XX- Scope of Work under NC DEQ Supplemental $XX.XX
Weatherization Grant
Total: $XX.XX
DocuSign Envelope ID:4E82598F-6F81-4831-B419-8A687167E050
Exhibit C
Progress Report Template
NC DEQ Supplemental Weatherization Grant Monthly Report
Reporting Organization Name:
Author Name:
Author Title:
Email:
Contact Number:
Reporting Period: [MM/DD/YY—MM/DD/YY]
Funds Expended This Month:
Funds Expended To Date:
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.
7