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Home My WebLink About2020-759-E Housing-Town of Carrboro emergency housing contract amendmentAmendment to the Service Contract for Emergency Housing Assistance 1. This amendment (the "Amendment") is made by the Town of Carrboro (the TOWN) and the County of Orange, North Carolina (the CONTRACTOR), parties to the agreement to provide Emergency Housing Assistance, specifically rental housing and utility assistance, to low-income Carrboro households affected by the COVID-19 pandemic, dated November 16, 2020 (the "CONTRACT"). 2. The CONTRACT is amended as follows: Section 3. PAYMENT TO CONTRACTOR Delete “not to exceed $180,016.93” and insert in lieu thereof “up to $224,404.63 depending on availability of funds, with a guaranteed amount of $214,404.63”. 3. Except as set forth in this Amendment, the CONTRACT is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the CONTRACT or any earlier amendment, the terms of this amendment will prevail. TOWN OF CARRBORO CONTRACTOR _______________________________ ______________________________ Title: Date Title: Date ATTEST ATTEST _______________________________ ______________________________ Title: Title: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ________________________________________ Finance Officer DocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 12/15/2020 12/15/2020 Revised 07/20 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: OCHCD Party/Vendor Contact Person: E Sutton Contact Phone: 919-245-2490 Party/Vendor Address: 300 W Tryon St City Hillsborough State: NC Zip: 27278 Department: 4800 Amount: up to $224,404.63 Purpose: EHA Reimbursement Budget Code(s): 32471005-449926 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes X No Contract Type: (Check one) New Renewal Amendment Effective Date 11/28/20 Approved by Board Yes X No Agenda Date: 09/22/20 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 emergency 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:_________ DocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 12/14/2020 12/14/2020 12/15/2020 12/15/2020 FEDERAL FUNDS STANDARD SERVICE CONTRACT NORTH CAROLINA SERVICE CONTRACT TOWN OF CARRBORO THIS CONTRACT is made, and entered into by and between the TOWN of CARRBORO, a political subdivision of the State of North Carolina, (hereinafter referred to as “TOWN”), party of the first part and the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, (hereinafter referred to as “CONTRACTOR”), 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 provide Emergency Housing Assistance, specifically rental housing and utility assistance, to low-income Carrboro households affected by the COVID-19 pandemic. 2. TERM OF CONTRACT The term of this CONTRACT for SERVICES is from June 23, 2020 to December 30, 2020. 3. PAYMENT TO CONTRACTOR CONTRACTOR shall be reimbursed by the TOWN in an amount not to exceed $180,016.93, within 30 days after CONTRACTOR submits an invoice and report of funds spent and households served to the TOWN until such time that all Emergency Housing Assistance funds have been properly expended. The CONTRACTOR must spend the funds on or before December 30, 2020. 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 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. DocuSign Envelope ID: 79C692C4-77B7-4B93-84C4-36F00100F78BDocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 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 action 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 C ourt of Justice in the County of Orange and the State of North Carolina. 9. AMENDMENT This contract may be amended only in writing by mutual agreement by both parties. DocuSign Envelope ID: 79C692C4-77B7-4B93-84C4-36F00100F78BDocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 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 fa ilure 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 carr ied 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 CARRBORO FINANCE OFFICER 301 WEST MAIN STREET CARRBORO, NORTH CAROLINA, 27510 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 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 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. DocuSign Envelope ID: 79C692C4-77B7-4B93-84C4-36F00100F78BDocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 17. HEADINGS. The subject headings of the paragraphs are included for purposes of convenience only and s hall 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 CARES Act funds. Therefore, pursuant to 2 C.F.R. 200.303 and 200.330 through 200.332 the following Federal provisions apply, or may apply: the Single Audit Act (31 U.S.C. §§ 7501-7507); and related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding sub recipient and contractor monitoring and management, and subpart F regarding audit requirements. 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 CARRBORO CONTRACTOR _______________________________ ______________________________ Title: Date Title: Date ATTEST ATTEST _______________________________ ______________________________ Title: Title: DocuSign Envelope ID: 79C692C4-77B7-4B93-84C4-36F00100F78B County ManagerBonnie Hammersley 11/13/2020 Interim Clerk to the Bd of Commissioner DocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ________________________________________ Finance Officer DocuSign Envelope ID: 79C692C4-77B7-4B93-84C4-36F00100F78BDocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149 Revised 07/20 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: OCHCD Party/Vendor Contact Person: E Sutton Contact Phone: 919-245-2490 Party/Vendor Address: 300 W Tryon St City Hillsborough State: NC Zip: 27278 Department: 4800 Amount: Purpose: EHA Reimbursement Budget Code(s): 32471005-449926 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes X No Contract Type: (Check one) New X Renewal Amendment Effective Date 09/22/20 Approved by Board Yes X No Agenda Date: 09/22/20 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 emergency 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:_________ DocuSign Envelope ID: 79C692C4-77B7-4B93-84C4-36F00100F78B 11/12/2020 11/12/2020 11/13/2020 11/13/2020 DocuSign Envelope ID: ACC42F33-BFAD-4CF3-B740-C5AB7E6BF149