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HomeMy WebLinkAbout2023-253-E-Housing Dept-Town of Chapel Hill-Reimbursement from the Town of Chapel HillRevised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Town of Chapel Hill Party/Vendor Contact Person: Jackie Thompson Contact Phone: Party/Vendor Address: 405 Martin Luther King Jr Blvd. State: NC Zip: 27514 Department: Housing Department Amount: $2,699.32 Purpose: Reimbursement from the Town of Chapel Hill Budget Code(s): 10480020 630315 Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 6/12/23 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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: ________ 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: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E 6/13/2023 6/13/2023 6/14/2023 Small Service Contract Revised 9/2019 Page 1 of 4 STATE OF NORTH CAROLINA AGREEMENT FOR COUNTY OF ORANGE CLEANING OF TRANSITIONAL HOUSING UNIT (213 ASHLEY FOREST ROAD) This agreement is made and entered into as of the 12th day of June 2023, by and between the “Town of Chapel Hill”, herein “Town”, and “Orange County Housing & Community Development,”, herein “Orange County Housing”, to provide Cleaning of the Transitional Housing Unit located at 213 Ashley Forest Road Chapel Hill, NC 27514. WITNESSETH WHEREAS, Orange County Housing will be contracting with SERVPRO to remove and discard all biohazardous covered debris throughout the unit, as outlined in Attachment A; and, WHEREAS, Orange County Housing has agreed to pay the total quoted cost of $5,398.64; and, WHEREAS, the Town and Orange County Housing wish to coordinate the work at 213 Ashley Forest Road. THEREFORE, the Town of Chapel Hill has agreed to pay half the cost ($2,699.32) of the cleaning. That for and in consideration of the mutual promises and conditions set forth below, the Town and Orange County Housing agree: 1. Duties of the Orange County: Orange County Housing agrees to contract with SERVPRO for the cleaning of the unit at 213 Ashley Forest Road described in Exhibit A Attached hereto and incorporated herein by reference. 2. Duties of the Town: The Town agrees to reimburse Orange County Housing half the cost for the cleaning of the unit at 213 Ashley Forest Road. 3. Fee Schedule and Maximum Sum: Orange County shall be responsible for the cleaning cost $5,398.64, as shown in Exhibit A. 4. Billing and Payment: Orange County shall submit an invoice to The Town of Chapel Hill to the attention of the Office of Affordable Housing and Community Connections. The Town of shall reimburse Orange County for half of the cost of the work performed under the terms of this agreement, not to exceed $2,699.32. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee. 5. Non-Appropriation Clause: Both parties acknowledge that each are governmental entities, and the Agreement validity is based upon the availability of public funding under the DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E Small Service Contract Revised 9/2019 Page 2 of 4 authority of their respective statutory mandates. In the event that public funds are unavailable and not appropriated for the performance of either Party’s obligations under this agreement, then this agreement shall automatically expire without penalty to either Party, thirty (30) days after written notice to the other advising of the unavailability and non-appropriation of public funds. It is expressly agreed that neither Party shall 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, which affect generally is governmental operations, 6. Ownership: Town of Chapel Hill will inspect and sign-off on the cleaning by SERVPRO. 7. Amendment: This Contract may be amended in writing by mutual agreement of the Town and Contractor. 8. Termination: Either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein. 9. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury. 10. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply. 11. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 12. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 13. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract. 14. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified statements setting forth, the cost of all materials purchased from each DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E Small Service Contract Revised 9/2019 Page 3 of 4 vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor's warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR'S SALES TAX REPORT and shall be submitted with each request for payment. The Town will not make payment to the Contractor until the CONTRACTOR'S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund. 15. Term: This Contract, unless amended as provided herein, shall be in effect until June 30, 2023. [SIGNATURES ON FOLLOWING PAGE.] DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E Small Service Contract Revised 9/2019 Page 4 of 4 This Contract is between the Town of Chapel Hill and Orange County Housing & Community Development for Cleaning of Transitional Housing Unit (213 Ashley Forest Road). IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. ORANGE COUNTY HOUSING _______________________________ ___________________________________ SIGNATURE PRINTED NAME & TITLE _______________________________ ___________________________________ WITNESS PRINTED NAME & TITLE TOWN OF CHAPEL HILL ________________________________________________ DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER ________________________________________________ PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: ____________________________________ TOWN CLERK TOWN SEAL Town Clerk attests date this the ______day of ___________, 20____. Approved as to Form and Authorization ________________________________ TOWN LEGAL STAFF This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________ ___________________________________ FINANCE OFFICER DATE DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E DirectorCorey Root Rachel Plast Business Officer - Housing Department Initials Click to change × DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E Initials Click to change DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E × Initials Click to change DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E × Initials Click to change DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E × Initials Click to change DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E × Kat Wies Enter your company name Mar 15, 2023 Cli k h t i Start DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E Click here to signClick to change × Enter your job title Initials Click to change × Close 1 / 6 By signing, I agree to this agreement, the Consumer Disclosure and to do business electronically with Servpro South Durham & Orange County. Click to Sign Language English: US A mobile-friendly view Delegate signing to another Decline to sign Clear document data Report Abuse View history Download PDF Help Legal Notices English: US DocuSign Envelope ID: 181E8A58-F8EA-4ABC-88D9-1799FCFD7E5E