HomeMy WebLinkAbout2021-686-E-Housing-Carolina Duke Inn- Quarantine of COVID+ guests at IFC homeless shelters2
STATE OF NORTH CAROLINA [Departmental Use Only]
TITLE Carolina Duke Inn
ORANGE COUNTY FY 2021-2022
FEMA STANDARD BILLETING HOTEL AGREEMENT
This Services Agreement (hereinafter “Agreement”), made and entered into this 9th day of
December, 2021, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Carolina Duke Inn,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect to:
Non-congregate sheltering for homeless individuals who have tested positive for
COVID-19 and are in need of a safe place to quarantine.
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for Basic
Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services required in
Section 3 to satisfactorily complete the Project within the time limitations set forth herein
and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards of
this type of Provider practice throughout the United States and in accordance with
applicable federal, state and local laws and regulations applicable to the performance
of these services. Provider is solely responsible for the professional quality, accuracy
and timely completion and/or submission of all work related to the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall correct
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any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no
additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior written
permission of the County. No permission for subcontracting shall create, between the
County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services required
of the Provider under this Agreement, shall be considered employees or agents of the
Provider only and not of the County, and any and all claims that may or might arise
under any workers compensation or other law or contract on behalf of said employees
while so engaged shall be the sole obligation and responsibility of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its employees,
agents and subcontractors engaged in such activities possess such licenses,
certifications, or credentials and that such licenses certifications, or credentials are
current, active, and not in a state of suspension or revocation.
vi) In determining the Basic Services to be provided, should any documents be referenced
in this Agreement, the terms of this Agreement shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
vii) Should this Agreement involve project designs, the construction or creation of which
is to be bid out and/or fulfilled by other contractors, and bidding or negotiation with
contractors produce prices which, when added to the other elements of the approved
total project cost, produce a cost that is in excess of the approved total project cost,
the Provider shall participate with the County in negotiation and design adjustments
to the extent such are necessary to obtain prices within the approved total project cost.
All activity of the Provider with respect to these matters shall constitute Basic
Services and shall be performed by the Provider without additional compensation. If
negotiation and design adjustments fail to bring costs within the tot al project cost the
County may reject all bids and Provider will redesign and/or reduce portions of the
project in an effort to reduce the bid prices to within the total project cost and rebid
the project. One such redesign is included within Basic Services. If this second letting
for bids does not produce bids that are within the approved total project cost initially
or after negotiations with the contractor the cost is not reduced to an amount within
the total project cost, the Provider is not obligated to engage in further redesign.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully
describe services to be provided): Provider will provide for County up to 12 guest rooms with
deep cleaning protocols for COVID-19 to shelter COVID-19 positive individuals in need of
a safe place to quarantine.
b. Equipment. Provider shall supply, at its sole expense, all equipment, tools, materials, and or
supplies required to provide Basic Services hereunder, unless otherwise agreed in writing.
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c. Health and Safety. Provider 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 Agreement. Provider agrees that all records of this
transaction, which contains personally identifiable information of a resident/occupant of the
Hotel/Motel, shall remain confidential. Unauthorized individuals shall keep all records in a
secure location preventing access. Provider shall not forward to any person other than
County or County Health Officials any record or personally identifiable information
obtained from a resident/occupant. Upon termination of this Contract, Provider shall
maintain and retain any such records for accounting and audit purposes for a period of at
least three (3) years or any other period required by the Federal government, whichever
period is longer.
d. Condition of Premises. County accepts the facilities in the physical condition in which the
same is now found and is not under any obligation to make any repairs or replacements.
4. Duration of Services
a. Term. The term of this Agreement shall be from December 9, 2021 to December 31, 2021,
unless sooner terminated in accordance with Section 10 of this Agreement. This Agreement
may be extended by written amendment duly executed by authorized representative of both
parties.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require the
Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in accordance
with the approved project schedule at no additional cost to the County.
iii) The Commencement Date for the Provider's Basic Services shall be December 9, 2021.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as determined
by the County) performed pursuant to this Agreement. The maximum amount payable for
Basic Services shall not exceed Fifteen Thousand Dollars and 00/100 ($15,000.00), at a cost
of One Hundred and Twenty dollars and 00/100 ($120.00) for each guest room per night.
Payment for satisfactorily performed Basic Services shall become due and payable within
thirty (30) days of Provider properly invoicing County. Payment shall be subject to
provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County
may withhold payment of all or a portion of the amount stated on an invoice until the parties
resolve the dispute. Should Provider fail to 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such additional
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services in writing and such additional services are evidenced by a written amendment to
this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Corey Root) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board of
Commissioners and shall be available during working hours as often as may be reasonably
required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any
additional insurance as may 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 consist of NA (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.
8. Indemnity
a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without
limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims
or expense, including attorney's fees, arising out of or related to the Project and arising from
property damage or bodily injury including death to any person or persons caused in whole
or in part by the negligence or misconduct of the Provider except to the extent same are
caused by the negligence or willful misconduct of the County. It is the intent of this provision
to require the Provider to indemnify the County to the fullest extent permitted under North
Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider shall
proceed to perform the Services required by the Amendment only after receiving a fully
executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days’ prior written notice to the
Provider. Termination of this Contract, under Section 10, shall not form the basis of any
claim for anticipated profits by either party.
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b. Termination by County Upon Expiration of Emergency or Funding. The Parties acknowledge
and agree that the Basic Services contemplated by this Agreement are necessary in order to
respond to a public health emergency, and the validity of this Agreement is contingent upon the
availability of federal and/or state funds. In the event the County determines the Basic Services
are no longer necessary to respond to the public health emergency, or in the event federal and/or
state funding is not made available to the County in order for the County to perform its
obligations under this Agreement, this Agreement may be terminated by the County upon three
(3) days’ prior written notice to the Provider.
c. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable actions
to remedy the breach. The Provider shall give the County seven (7) days' prior written notice
of its intent to terminate this Agreement for cause.
d. Compensation after Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of the
Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County within
seven (7) days, at no additional cost, all deliverables including any electronic data or
files relating to the Project.
e. Waiver. The payment of any sums by the County under this Agreement or the failure of the
County to require compliance by the Provider with any provisions of this Agreement or the
waiver by the County of any breach of this Agreement shall not constitute a waiver of any
claim for damages by the County for any breach of this Agreement or a waiver of any other
required compliance with this Agreement.
f. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to Provider.
Upon any suspension by County, Provider shall discontinue work on the Basic Services and
shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of
respective parties hereunder shall be governed by the laws of the State of North Carolina.
By executing this Agreement Provider affirms that Provider and any subcontractors of
Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes. By executing this Agreement Provider certifies that Provider has
not been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State 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 subcontractor identified, on the list created by the State Treasurer
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pursuant to G.S. 147-86.81.
c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange County Non-
Discrimination Policy and 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 the Orange County Non-Discrimination Policy 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.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or non-performance of, this Agreement shall
be brought in the General Court of Justice of North Carolina sitting in Orange County, North
Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with
respect to such suits or actions. Binding arbitration may not be initiated by either Party,
however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing
of such suit or action.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties.
f. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or things
shall become the property of the County and may be used on any other project without
additional compensation to the Provider. The use of the documents, items or things by the
County or by any person or entity for any purpose other than the Project as set forth in this
Agreement shall be at the full risk of the County.
g. 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. It is expressly agreed that County shall not activate
this non-appropriation provision for its convenience or to circumvent the requirements of this
Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider of
such limitation or change in County’s legal authority.
h. Compliance With The Contract Work Hours And Safety Standard Act (40 U.S.C. 3701-
3708). Should this Agreement involve federal funds in excess of $100,000 and the
employment of mechanics or laborers, including watchmen and guards, Provider shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
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(29 CFR Part 5), as follows:
1. Overtime requirements. No Provider or sub-Provider contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider and any sub-Provider
responsible therefor shall be liable for the unpaid wages. In addition, such Provider and sub-
Provider shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of 29 C.F.R. §5.5, in the sum of $26 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5.
3. Withholding for unpaid wages and liquidated damages. Orange County shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the Provider
or sub-Provider under any such contract or any other Federal contract with the same prime
Provider, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Provider, such sums as may be determined to be
necessary to satisfy any liabilities of such Provider or sub-Provider for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5.
4. Subcontracts. The Provider or sub-Provider shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and also a clause requiring the sub-
Providers to include these clauses in any lower tier subcontracts. The prime Provider shall
be responsible for compliance by any sub- Provider or lower tier sub-Provider with the
clauses set forth in paragraphs (b)(1) through (4) of 29 C.F.R. §5.5.
i. Right to Inventions Made Under a Contract or Agreement (37 C.F.R. pt. 401). If
this Agreement meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and
regards the substitution of parties, assignment, or performance of experimental,
developmental, or research work, the Federal Government and Orange County have rights in
any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the applicable federal
agency.
j. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended – Should this purchase involve federal funds in excess of
$150,000 Provider shall comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387):
1. Clean Air Act.
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a. The Provider agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. The Provider agrees to report each violation to Orange County and understands and
agrees that Orange County will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
c. The Provider agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance.
2. Federal Water Pollution Act.
a. The Provider agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
b. The Provider agrees to report each violation to Orange County and understands and
agrees that Orange County will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
c. The Provider agrees to includes these requirements in each subcontract exceeding
$150,000 financed in whole or in part by federal funds.
k. Debarment and Suspension. For Agreements meeting the definition of a “covered transaction”
for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, the Provider agrees as follows:
1. The Provider is required to verify that none of the Provider’s principals (defined at 2 C.F.R.
§ 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2. The Provider must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C, and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
3. This certification is a material representation of fact relied on by Orange County. If it is
later determined that the Provider did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies made available to Orange County, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
l. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Providers who apply or
bid for an award of $100,000 or more shall file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, officer or employee of Congress, or an employee of a
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Member of Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency.
m. Procurement of Recovered Materials (section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act). Should the performance of this
Agreement involve the use of materials, Provider shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired:
i) Competitively within a timeframe providing for compliance with the Agreement
performance schedule;
ii) Meeting with the Agreement performance requirements; or
iii) At a reasonable price
Information about this requirement, along with the list of EPA-designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Provider also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
n. Prohibition On Contracting For Covered Telecommunications Equipment Or Services
1. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have
the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA
Award Funds for Covered Telecommunications Equipment or Services As used in this
clause—
2. Prohibitions.
a. Section 889(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head
of an executive agency on or after Aug.13, 2020, from obligating or expending
grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
b. Unless an exception in paragraph (c) of this clause applies, the Provider and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee
federal funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical
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technology of any system;
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system; or
1. Provide, as part of its performance of this contract, subcontract, or
other contractual instrument, any equipment, system, or service that
uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
c. Exceptions.
i. This clause does not prohibit Providers from providing—
1. A service that connects to the facilities of a third-party, such as
backhaul, roaming, or interconnection arrangements; or
2. Telecommunications equipment that cannot route or redirect user
data traffic or permit visibility into any user data or packets that such
equipment transmits or otherwise handles.
ii. By necessary implication and regulation, the prohibitions also do not apply
to:
1. Covered telecommunications equipment or services that:
a. Are not used as a substantial or essential component of any
system; and
b. Are not used as critical technology of any system.
2. Other telecommunications equipment or services that are not
considered covered telecommunications equipment or services.
d. Reporting requirement.
i. In the event the Provider identifies covered telecommunications equipment
or services used as a substantial or essential component of any system, or as
critical technology as part of any system, during Agreement performance, or
the Provider is notified of such by a subcontractor at any tier or by any other
source, the Provider shall report the information in paragraph (d)(ii) of this
clause to Orange County, unless elsewhere in this Addendum and
Agreement are established procedures for reporting the information.
ii. The Provider shall report the following information pursuant to paragraph
(d)(i) of this clause:
1. Within one business day from the date of such identification or
notification: The contract number; the order number(s), if applicable;
supplier name; supplier unique entity identifier (if known); supplier
Commercial and Government Entity (CAGE) code (if known);
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brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions
undertaken or recommended.
2. Within 10 business days of submitting the information in paragraph
(d)(ii)(1) of this clause: Any further available information about
mitigation actions undertaken or recommended. In addition, the
contractor shall describe the efforts it undertook to prevent use or
submission of covered telecommunications equipment or services,
and any additional efforts that will be incorporated to prevent future
use or submission of covered telecommunications equipment or
services.
e. Subcontracts. The Provider shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
o. Domestic Preference. In accordance with 2 CFR 200.322, as appropriate and to the extent
consistent with law, the Provider should, to the greatest extent practicable under this
Agreement, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this paragraph must be
included in all subawards and in all contracts and purchase orders for work or products under
this Agreement.
p. Access to Records. The following access to records requirements apply to this
Agreement:
i) The Provider agrees to the provide the State of North Carolina, Orange County,
the FEMA Administrator, the Comptroller General of the United States, or any
of their authorized representatives access to any books, documents, papers, and
records of the Provider which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
ii) The Provider agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcripts as reasonably needed.
iii) The Provider agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the Agreement.
iv) In compliance with the Disaster Recovery Act of 2018, Orange County and
Provider acknowledge and agree that no other language in this contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or
Comptroller General of the United State.
q. DHS Seal, Logo, and Flags. The Provider shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-
approval.
r. Compliance with Federal Law, Regulations and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
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Agreement. The Provider will comply with all applicable Federal law, regulations, executive
orders, FEMA policies, procedures, and directives.”
s. No Obligation by Federal Government. The Federal Government is not a party to this
Agreement and is not subject to any obligations or liabilities to the non-Federal entity,
Provider, or any other party pertaining to any matter resulting from this Agreement.
t. Program Fraud and False or Fraudulent Statements or Related Acts. The Provider
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Provider’s actions pertaining to this Agreement.
u. Entire Agreement. This Agreement represents the entire and integrated agreement between
the County and the Provider amends and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile signatures.
v. Notices. Any notice required by this Agreement shall be in writing and delivered by certified
or registered mail, return receipt requested to the following:
Orange County Carolina Duke Inn
Attention: Corey Root Mehul Patel
P.O. Box 8181 2517 Guess Rd
Hillsborough, NC 27278 Durham, NC 27705
w. Signatures. 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.
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
By: __________________________________
Mehul Patel, Owner
Printed Name and Title
DocuSign Envelope ID: 92BCDD28-5585-44EC-AACE-5AACE73A019A
14
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Carolina Duke Inn Party/Vendor Contact Person: Mehul Patel Contact Phone: 919-225-1432
Party/Vendor Address: 2517 Guess Rd City Durham State: NC Zip: 27705 Department: Housing and Community
Development Amount: $14400.00 Purpose: Quarantine of COVID+ guests at IFC homeless shelters Budget Code(s):
10750020-630000-95020 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract
Type: (Check one) New Renewal Amendment Effective Date 12/9/21 Approved by Board Yes No
Agenda Date:
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: 92BCDD28-5585-44EC-AACE-5AACE73A019A
12/13/2021
12/13/2021
12/13/2021
12/14/2021
15
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The Provider, Carolina Duke Inn, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Provider understands and
agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any:
_________________________________________
Signature of Provider’s Authorized Official
Printed Name and Title of Provider’s Authorized Official
Date
DocuSign Envelope ID: 92BCDD28-5585-44EC-AACE-5AACE73A019A
Mehul Patel
12/13/2021