HomeMy WebLinkAbout2021-288-Housing-Town of Hillsborough-Administration of Hillsborough CDBG-CV GrantAdministration Contract Page 1 of 5
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NORTH CAROLINA SERVICE CONTRACT
TOWN OF HILLSBOROUGH
THIS CONTRACT is made, and entered into by and between the TOWN of
HILLSBOROUGH, a political subdivision of the State of North Carolina, (hereinafter referred to as
“TOWN”, party of the first part and Orange County, North Carolina, on behalf of its Department of
Housing and Community Development, (hereinafter referred to as “CONTRACTOR” or
“Subrecipient”), party of the second part.
1. SERVICES TO BE PROVIDED
CONTRACTOR hereby agrees to provide services under this contract (hereinafter referred to
collectively as “SERVICES”) to administer CDBG-CV Grant Number 20-V-3528 for Emergency Housing
Assistance, specifically rent, mortgage, and utility assistance, to low-income Hillsborough households
affected by the COVID-19 pandemic pursuant to the provisions and specifications identified in the grant
agreement between the TOWN and the North Carolina Department of Commerce dated December 17, 2020
(the “Grant Agreement”) , a copy of which is incorporated herein by reference as “Attachment 1”. The
CONTRACTOR agrees and acknowledges that it is administering the grant funds for the TOWN as a third
party contemplated by paragraph 4 of the Grant Agreement and agrees to comply with all requirements of
the Grant Agreement and the federal and state laws, rules, regulations and requirements set out therein.
Additionally, annexed hereto as Attachment 2 is a general scope of work which generally describes the
services to be performed by the CONTRACTOR.
2. TERM OF CONTRACT
The term of this CONTRACT for SERVICES from June 1, 2021 to June 17, 2023.
3. PAYMENT TO CONTRACTOR
CONTRACTOR shall receive from TOWN an amount not to exceed $600,000. The
CONTRACTOR shall submit a monthly itemized invoice and report of funds spent and number of Town
households served by the Orange County Housing and Community Services Department. Payment will be
processed within 30 days upon receipt and approval of the invoice by TOWN. The CONTRACTOR is
expected to spend 100% the funds on or before June 17, 2023. A final invoice and report is required to be
submitted within 30 days after conclusion of the program.
4. INDEPENDENT CONTRACTOR
TOWN and CONTRACTOR agree that CONTRACTOR is an independent contractor and
shall not represent itself as an agent or employee of TOWN for any purpose in the performance of
CONTRACTOR’S duties under this contract. Accordingly, CONTRACTOR shall be responsible for
payment of all federal, state and local taxes as well as business license fees arising out of
CONTRACTOR’S activities in accordance with this contract. For purposes of this contract taxes shall
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include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance
taxes.
CONTRACTOR, as an independent contractor, shall perform said services in a professional
manner and in accordance with the standards of applicable professional organizations and licensing
agencies.
5. INSURANCE AND INDEMNITY
To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and
hold harmless the TOWN and its officials, agents, and employees from and against all claims, damages,
losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of
engineers or architects, attorneys, and other professionals and costs related to court ac tion or arbitration)
arising out of or resulting from the performance of this Contract or the actions of the CONTRACTOR or
its officials, employees, or contractors under this Contract or under the contracts entered into by the
CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of
this agreement.
In addition, CONTRACTOR shall comply with the North Carolina Workers’ Compensation Act
and shall provide for the payment of workers’ compensation to its employees in the manner and to the
extent required by such Act. CONTRACTOR shall supply TOWN with certification of insurance for
workers’ compensation coverage with North Carolina statutory limits.
CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:
General Liability with Combined Single Limit Bodily Injury and Property Damage not less than
$1,000,000 and Products and Completed Operations Liability not less than $1,000,000.
CONTRACTOR agrees to furnish TOWN a certificate of insurance from an insurance company,
licensed to do business in the State of North Carolina and acceptable to TOWN verifying the existence of
any insurance coverage required by TOWN. The certificate will provide for thirty (30) days advance
notice in the event of termination or cancellation of coverage.
6. HEALTH AND SAFETY
CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs required by OSHA and all other regulatory agencies while providing services under
this contract.
7. NON-DISCRIMINATION IN EMPLOYMENT
CONTRACTOR shall not discriminate against any employee or applicant for employment
because of age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender
expression/identity. CONTRACTOR shall take affirmative action to ensure that applicants are employed
and that employees are treated fairly and legally during employment with regard to their age, sex, race,
creed, national origin, disability or on the basis of sexual orientation or gender expression/identity. In the
event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation
of any non-discrimination provision of federal, state or local law or this provision, this Contract may be
canceled, terminated or suspended in whole or in part by TOWN, and CONTRACTOR may be declared
ineligible for further TOWN contracts.
8. GOVERNING LAW
This contract shall be governed by and in accordance with the laws of the State of North Carolina.
All actions relating in any way to this contract shall be brought in the General Court of Justice in the
County of Orange and the State of North Carolina.
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9. AMENDMENT
This contract may be amended only in writing by mutual agreement by both parties.
10. TERMINATION OF AGREEMENT
This contract may be terminated at any time by either party by written notice of a minimum of
ninety (90) days.
This contract may be terminated, for cause, by the non -breaching party notifying the breaching
party of a substantial failure to perform in accordance with the provisions of this contract and if the failure
is not corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties
shall be entitled to such additional rights and remedies as may be allowed by relevant law.
Termination of this agreement, either with or without cause, shall not form the basis of any claim
for loss of anticipated profits by either party.
11. SUCCESSORS AND ASSIGNS
CONTRACTOR shall not assign its interest in this contract without the written consent of
TOWN. CONTRACTOR has no authority to enter into contracts on behalf of TOWN.
12. COMPLIANCE WITH LAWS
CONTRACTOR represents that it is in compliance with all Federal, State, and local laws,
regulations or orders, as amended or supplemented. The implementation or this contract will be carried out
in strict compliance with all Federal, State, or local laws regarding discrimination in employment.
13. NOTICES
All notices which may be required by this contract or any rule of law shall be effective when
received by certified mail sent to the following addresses:
TOWN OF
HILLSBOROUGH
FINANCE OFFICER
PO Box 429
HILLSBOROUGH, NORTH CAROLINA, 27278
ORANGE COUNTY DEPARTMENT OF HOUSING
and COMMUNITY DEVELOPMENT
300 West Tryon Street
HILLSBOROUGH, NORTH CAROLINA 27278
14. AUDIT RIGHTS
For all services being provided under this contract, TOWN shall have the right to inspect,
examine, and make copies of any and all books, accounts, invoices, records and other writings relating to
the performance of said services. Audits shall take place at times and locations mutually agreed upon by
both parties, although CONTRACTOR must make the materials to be audited available within one (1)
week of the request for them.
15. TOWN NOT RESPONSIBLE FOR EXPENSES
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TOWN shall not be liable to CONTRACTOR for any expenses paid or incurred by
CONTRACTOR prior to the commencement date of contract, unless otherwise agreed in writing.
16. ENTIRE AGREEMENT
This Agreement and the attached document labeled “Attachment 1” shall constitute the entire
understanding between TOWN and CONTRACTOR and shall supersede all prior understandings and
agreements relating to the subject matter hereof and may be amended only by written mutual agreement of
the parties.
17. HEADINGS.
The subject headings of the paragraphs are included for purposes of convenience only and shall
not affect the construction or interpretation of any of its provisions.
18. E-VERIFY
The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes. CONTRACTOR shall require subcontractors to comply with the
requirements of Article 2, Chapter 64 of the North Carolina General Statutes.
19. IRAN DIVESTMENT ACT CERTIFICATION
Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final
Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-
86.58. Contractor shall not utilize any subcontractor that is identified on the List.
20. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL
Contractor certifies that Contractor has not been designated by the North Carolina State Treasurer
as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of
each contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are
exempt from this restriction.
21. FEDERAL FUNDS PROVISIONS
The Emergency Housing Assistance project will be paid for by Federal funds. Therefore, pursuant
to 2 C.F.R. 200.303 and 200.330 C.F.R. Part 200 Appendix 2, the following Federal provisions apply, or
may apply:
Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148);
Copeland ‘Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q); Federal Water Pollution Control Act (33 U.S.
C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying
Amendment (31 U.S. C. 1352); Procurement of Recovered materials (2 C.F.R. 200.322); and Record
retention Requirements (2 C.F.R. 200.324).
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The CONTRACTOR hereby agrees that each clause of this CONTRACT has been read and fully
understands the meaning of the same and will comply with all of its terms.
TOWN OF
HILLSBOROUGH
CONTRACTOR
Title:
ATTEST
Date: Title:
ATTEST
Date:
Title: Date: Title: Date:
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Finance Officer
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Revised 07/20
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Town of Hillsborough Party/Vendor Contact Person: Margaret Hauth Contact Phone: 919-296-
9471 Party/Vendor Address: PO Box 429 City: Hillsborough State: NC Zip: 27278 Department: Housing and
Community Development Amount: N/A Purpose: Administration of Hillsborough CDBG-CV Grant Budget Code(s):
N/A Vendor # (N/A if new vendor): N/A Vendor is a BOCC consultant? Yes No Contract Type: (Check one)
New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: N/A
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emer gency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
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