HomeMy WebLinkAbout2024-209-E-Housing Dept-Carrboro-Anne Marie Vanaman-OCPEH cost sharing DocuSign Envelope ID : 78D30221 -F6DF41 DC- BCAA-DC5603805007
FEDERAL FUNDS STANDARD SERVICE CONTRACT
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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 ORANGE COUNTY PARTNERSHIP TO END HOMELESSNESS, (hereinafter referred to as
"CONTRACTOR" ), party of the second part.
1 . SERVICES TO BE PROVIDED
CONTRACTOR hereby agrees to provide services and/or materials under this contract
(hereinafter referred to collectively as "SERVICES" for implementing Orange Couty ' s plan to end
homelessness and to serve as the Continuum of Care for Orange County pursuant to the provisions and
specifications established in the "Memorandum of Understanding between Orange County and the Towns
of Chapel Hill, Carrboro, and Hillsborough : Orange County Partnership to End Homelessness" identified as
"Attachment 1 ".
2 . TERM OF CONTRACT
The term of this CONTRACT for services and supplies is from July 1 , 2023 to June 30, 2024 .
3 . PAYMENT TO CONTRACTOR
CONTRACTOR shall receive from TOWN an amount not to exceed $ 69 ,581 . Unless otherwise
specified, CONTRACTOR shall submit an invoice to Anne-Marie Vanaman at the Housing and
Community Services Department of the Town of Carrboro, NC 27510 . Payment will be processed within
30 days upon receipt and approval of the invoice by TOWN until such time that all funds have been
properly expended . The CONTRACTOR must spend the funds on or before June 30, 2024 .
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 : 78D30221 -F6DF-41DC-BCAA-DC5603805007
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 Court 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 .
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10. TERMINATION OF AGREEMENT
i 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 contractor 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 inutually 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.
DocuSign Envelope ID : 78D30221 -F6DF-41DC-BCAA-DC5603805007
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 plan to end homelessness project will be paid for by Federal funds . Therefore, pursuant to 2
C .F .R. 200 . 326 and 200 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 . 12514387) ; 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) .
DocuSign Envelope ID : 78D30221 -F6DF-41DC- BCAA=DC5603805007
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
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Title : Date Tit1e : C0 � ��4 ate
ATTEST 4ATT. ST
Title :
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Digitally signed by: Langston W. Rarnseur
ur.Langston W . RamseD� mur CN = Langston W. Rase ernal tra
mmur@cantomm.gov tramur@cantomnc.govC
i =t O = Tomof Carrmo OU = Finance
Dale: 2024.02.28 09:24:55 -05'00'
Finance Officer
DocuSign Envelope ID : 78D30221 -F6DF-41DC-BCAA-DC5603805007
Attachment 1
Memorandum of Understanding between Orange County and the
Towns of Chapel Hill, Carrboro , and Hillsborough :
Orange County Partnership to End Homelessness (OCPEH)
Whereas , in April 2008 , the Orange County Board of Commissioners , Chapel Hill Town
Council, Carrboro Town Council , and Hillsborough Board of Commissioners endorsed
the Orange County 10 -Year Plan to End Chronic Homelessness and entered into a
memorandum of understanding to fund and support the Plan ' s implementation by the
Orange County Partnership to End Homelessness (OCPEH) , and
Whereas , the Partnership has made significant progress in ending and preventing
homelessness in Orange County over the past fourteen years , and
Whereas , the parties to this Memorandum came together and revised this Memorandum
of Understanding in 2015 , and
Whereas , reflecting a combination of national best practices, national funding models ,
and local experience , the Orange County 10-Year Plan to End Chronic Homelessness has
evolved to become an ongoing program , the Orange County Plan to End Homelessness ,
and
Whereas , the role of the Partnership is to implement Orange County ' s Plan to End
Homelessness and serve as the Continuum of Care for Orange County, and
Whereas , the parties to this Memorandum understand the value of this work to each
jurisdiction and accordingly intend to continue to fiind and support it , and
Whereas , the initial 10 -Year Plan created a body called the Executive Team , now called
the Leadership Team, consisting of representatives appointed from each of the above
governmental partners and a cross -section of community representation, charged with
providing oversight and direction to the plan, and the parties to this Memorandum intend
for the Leadership Team to continue to perform this role , and
Whereas , the parties to this Memorandum intend to continue funding the Partnership ' s
Homeless Programs Manager and Housing Access Coordinator, and provide partial
funding for the Homeless Programs Coordinator, all of whom have job responsibilities
outlined in a Job Description (Attachment A), and
Whereas , in order to implement the Plan , the Partnership is providing direct service
programs via pass -through fiinding from other sources , and
Whereas , the four elected appointees continue to recommend and serve on the OCPEH
Executive Team, which shall consist of the four elected appointees , to ensure that the
interests of all four funding jurisdictions are consistently represented ,
[ DocuSign Envelope ID: 78D30221 -F6DF-41 DC-BCAA=DC5603805007
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The parties to this Memorandum hereby clarify the roles and responsibilities of each
body as it relates to funding and oversight.
A . The Executive Team will :
1 . Provide ongoing supervision of the Homeless Programs Manager (HPM)
through the County Manager by :
i . Conducting joint annual performance reviews of the HPM with the County
Manager, after gathering input fi om the Chair of the Leadership Team and
others , as appropriate;
ii . Approving an annual work plan for the HPM based on the goals of the
Plan, subject to final approval by the County Manager;
iii . Meeting with and reviewing the work plan with the HPM and the County
Manager quarterly ;
iv . Participating in interviews for the hiring of the HPM ;
v. Making recommendations to the County Manager regarding performance
concerns related to the HPM .
2 . Operate its program on the same fiscal year as that operated by the Towns
and County.
3 . Not have supervisory authority over any Town or County staff who may
be assigned to provide assistance to the Leadership Team or Executive
Team .
4 . Meet quarterly, with staff support, to review progress under the annual
work plan .
B . Towns and the County will :
1 . Provide office space and supplies for the use of the Partnership staff as
needed and available .
2 . Provide staff assistance as needed to support the Executive Team and
Leadership Team subject to Town Manager and County Manager
direction .
3 . Provide an annual appointment from the elected governing bodies to the
Leadership/Executive Team.
4 . Assist with the annual implementation efforts of the Plan .
S . Continue to support the Partnership .
6 . Determine the amount of funding to be provided by each partner by
utilizing a population-based formula based on the latest Census data .
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DocuSign Envelope ID : 78D30221 -F6DF-41DC-BCAA-DC5603805007
Based upon the 2020 Census data, the percentage contributions , subject to
each jurisdiction ' s approval , are as follows :
• Orange County 39 . 5 %
• Town of Chapel Hill 39 . 7 %
• Town of Carrboro 14 . 3 %
• Town of Hillsborough 6 . 5 %
7 . Receive an annual report from the HPM reflective of system-level data
and OCPEH programming data .
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8 . Not be required or expected to continue funding Partnership staff should
the funding not be available through any one or more of the other partners .
9 . Not require or suggest the HPM perform work on goals that are not in
her/his work plan for the Partnership .
10 . Work with the HPM to incorporate Homeless System Gaps Analysis into
County-wide housing planning and supporting data sources
C . The Plan is understood to be a living document that the Partnership will update
over time to reflect its accomplishments and the evolution of policies , evidence -
based practices , and funding .
D . This Memorandum supersedes the 2015 Memorandum of Understanding that
supported the Orange County 10-Year Plan to End Chronic Homelessness . It will j
remain in effect for one year from the date of its adoption by all Parties .
Memorandum will be renewed for up to five additional two -year terms if agreed
upon by all parties . Revisions will be presented to the Executive Team for
consideration no later than the final quarterly meeting of the Executive Team
prior to expiration of the one year term . Any Party hereto may withdraw from the
Memorandum by providing written notice to every other Party at least 6 months
prior to the start of the fiscal year in which the Party wishes to withdraw .
[ SIGNATURES TO FOLLOW]
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DocuSign Envelope ID : 78D30221 -F6DF-41DC-BCAA-DC5603805007
TOWN OF CARRBORO
. blYVw
J, ) Barbara Foushce, Mayor
ATTE
STATE OF NORTH CAROLINA
ORANGECOUNTY
1 the yyindersigned Notar Public of the County and State aforesaid , do hereby certify that
rpgra #FOuShte. , personally came before me this day and acknowledged
that she is the Town Clerk for the Town of Carrboro , North Carolina and that by
authority duly given and as the act of said Town , the foregoing instrument was signed in
its name by the Mayor of the Town of Carrboro , NC and attested by her as Town Clerk
for the Town of Carrboro , NC .
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DocuSign Envelope ID : 78D30221 -F6DF-41DC-BCAA-DC5603805007
ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name: Carrboro Vendor Contact Person : Anne-Marie Vanaman Phone: 919-918-7321 Address : 301
West Main St. City Carrboro State: NC Zip : 27510 Department: Housing and Community Services Amount :
69 581 Purpose : OCPEH cost sharing Budget Code(s) : 32470605 449926 Vendor #
Vendor Status with NCSOS : Vendor is a BOCC consultant : ❑ Yes ❑ No
Contract Details
Contract Type : ® New ❑ Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 07/01 /2023 End Date 6/30/2024 Notice Date (Notice Purpose )
Award
❑ Approved by Board (Agenda Date: Made or Administered by
Signature Authority
❑ BOCC Express Delegation (Agenda Date :
Policy 9 . 4 : ❑ Under $5 , 000 ; ❑ Service Under $90, 000 ; ❑ Construction Under $250,000
❑ Budget Policy Section XV (Capital Improvement Project: )
Bidding
❑ Informal Bidding ($30k490k) ; ❑ Formal RFP ($90k+) ; ❑ Other (<$30k); ❑ Exception(#,....)
Department Affirmation
❑ 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.
® This agreement is approved as to technical form and content. Services related to this agreement have already
begun or been completed. Description of the nature of the emergency condition that was addressed : This routing
sheet is in support of the Vendor' s preferred method due to use of American Rescue Plan Act funds and Federal
Funds Standard Service Contract.
oocuslgned by:Department Director ' s Signature � � r6ssv Date : 3 / 20/ 2024
cassEg� Fasaaaag3...
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications :
Office of the Chief Information Officer Date :
❑ Inapplicable because no hardwcre/softrvare purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements :
DocuSigned by:
3 / 25 / 2024
Office of the Risk Management Officer �SSa fit ^ Date :
SE4g BWMF64E1 ...
Financial Services
This instrument has been pre-audited in the rare fled required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer 4�yy � v Date : 4/ 5 / 2024
wa€;1,avacaaos...
Legal Services
This agreement is approved as to legal form and sufficiency:
DocuSigned by:
4 / 8 / 2024
Office of the County Attorney A= P«u- Date :
...
Clerk to the Board
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 :
Revised 01 / 24
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DocuSign Envelope ID : 78D30221 -HDF41DC-BCAA-DC5603805007
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Received for record retention :
Office of the Clerk to the Board Date :
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Revised O1 / 24
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