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HomeMy WebLinkAbout2025-447-E-Social Svc-Town of Chapel Hill-emporary emergency housingSmall Service - April 2025 Page 1 of 4 STATE OF NORTH CAROLINA CONTRACT FOR COUNTY OF ORANGE FUNDS TO SUPPORT TEMPORARY EMERGENCY HOUSING This Contract is made and entered into by and between the “Town of Chapel Hill,” herein “Town,” and “Orange County,” herein “Contractor,” for the services as described in this agreement. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: 1.Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A, attached hereto and incorporated herein by reference. 2.Duties of the Town: The Town will pay for the Contractor’s services as set forth in Exhibit A. 3. Maximum Sum: Contract amount is not to exceed $100,000.00 plus applicable sales tax. 4.Billing and Payment: The Contractor shall submit an invoice to the Town for work performed under the terms of this Contract. The Town will make payment within thirty (30) days of receipt of an accurate invoice, approved by the department which contracted for these services. 5.Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons proximately caused in whole or in part by the negligence or willful misconduct of the Contractor, except to the extent same are caused by the negligence or misconduct of the Town. Contrary to any provision that may be contained in any exhibits, attachments, or subsequent purchase orders, the Town shall not consent to limitations of Contractor liability for amounts less than the amount of insurance coverage under this agreement. Any provision that may be contained in any exhibits, attachments, or subsequent purchase orders that calls for the Town to indemnify the Contractor shall be only to the extent allowed by law. 6. Insurance Provisions: The Contractor shall provide evidence of current valid insurance (if applicable) for the duration of this agreement, with the Town named as an additional insured under the Contractor’s Commercial General Liability and Business Automobile policies. The required coverage limits are: 1) Commercial General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. Cyber Liability Coverage in the amount of $1,000,000 per occurrence and $2,000,000 aggregate is required for Contractors having access to personal identifying information and/or computer networks. The Town may also require evidence Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D Small Service - April 2025 Page 2 of 4 of supplementary insurance coverages depending on the services provided under this agreement. 7.Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this agreement without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 8.Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration. 9. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. If any subcontractors are used, they also must comply with these requirements. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision. 10. Amendment: This Contract may be amended in writing by mutual agreement of the Town and Contractor. 11.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. 12. 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 exhibits, attachments, or subsequent purchase orders, the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury. 13.Preference: If the terms of any exhibits, attachments, or subsequent purchase orders are not consistent with the terms of this Contract, this document shall have preference; provided that where either any exhibit attached hereto or this document establishes higher standards for performance by either party, the higher standard, wherever located, shall apply. 14.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. 15. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 16.Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D Small Service - April 2025 Page 3 of 4 or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract. 17.Construction Project Related Sales Tax: If applicable, the Contractor must provide certified statements regarding the cost of materials purchased and the amount of North Carolina sales and use taxes paid by Contractor and any subcontractors. Contractor further agrees to provide the Town with any additional information and documentation the Town might request in the event the Commissioner of Revenue of the State of North Carolina requires more information to substantiate a refund claim by the Town for sales or use tax. The Town will not make payment until these statements are submitted. Any tax refunds received by the Town will remain with the Town. 18.Term: This Contract, unless amended as provided herein, shall be in effect until December 31, 2025. Any renewal provisions that may be contained in any exhibits, attachments, or subsequent purchase orders are void and without effect. [SIGNATURES ON FOLLOWING PAGE.] Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D Small Service - April 2025 Page 4 of 4 IN WITNESS WHEREOF, the parties hereto cause this Contract to be executed in their respective names. ORANGE COUNTY Vendor_Signature Vendor_Name Vendor_Title_p SIGNATURE PRINTED NAME & TITLE TOWN OF CHAPEL HILL Dept_Director Dept_Dir_Title DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER DDirector_Name D_Dept_Name PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: Clerk_Signature SEAL_STAMP TOWN CLERK/DEPUTY TOWN CLERK TOWN SEAL TCD1 TCM1 TCYY1 Town Clerk attests this the day of 20 . Approved as to Form and Authorization Legal_Staff ATTORNEY FOR TOWN This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance_Signature Finance_Sign_Date FINANCE OFFICER DATE Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D 7/24/2025 Interim Town Manager, Town Manager's OfficeMary Jane Nirdlinger July 2525 Travis Myren County Manager EXHIBIT A ORANGE COUNTY SCOPE OF SERVICES In response to an identified community need, and to prevent an increase housing instability and homelessness during recovery efforts in the aftermath of Tropical Storm Chantal, the Town of Chapel Hill has committed funding to provide emergency housing to low-to-moderate income households in Chapel Hill, displaced from their housing as a result of impacts of Tropical Storm Chantal. Orange County, by and through their Department of Social Services Department, will serve as the lead entity administering the county-wide Emergency Housing Assistance (EHA) program to prevent homelessness for low-income households in Chapel Hill. Tasks will include: 1.Administer the EHA program to low-to-moderate income Town of Chapel Hill residents earning up to 200% of the poverty level who have experienced displacement from their primary residents due to impacts from Tropical Storm Chantal with temporary housing accommodations in hotels. Note: Applicants who have already been verified as low-income (i.e. those already receiving housing choice voucher, food and nutrition services, etc., or current public housing residents), can provide proof of their government assistance for purposes of eligibility verification. The County also has the authority to take other documentation to satisfy or verify eligibility requirements, or mitigate administrative burdens as it deems appropriate in accordance with the purpose of this Agreement. 2.Maintain the documentation necessary to determine a household’s program eligibility including but not limited to, the application or assessment, income documentation, and residency verification for a period of ten (10) years following the expiration of this agreement. This documentation shall be provided to Town staff upon request for up to three (3) years following the expiration of this agreement. 3.Submit a report with each invoice that includes household demographics (race/ethnicity, head of household age, household size, and household members under the age of 18), the amount of total assistance provided per household, the number of households assisted, and the amount of Chapel Hill funding provided per household. 4.Maintain accurate accounting records and ensure internal controls are consistently followed. Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D 5.Payments on this Contract will be made according to this exhibit as described below: a.The Town will reimburse Orange County for the total amount of emergency housing assistance provided to eligible Chapel Hill households up to but not exceeding $100,000.00. b.Orange County shall invoice the Town monthly, with accompanying data described above. c.Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice and required documentation, approved by the contact person or his/her designee. Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/9/2025 (619) 238-1828 25615 Orange County, NC 300 West Tryon Street Hillsborough, NC 27278 25623 25674 A 2,000,000 ZLP91N5373025PA 7/1/2025 7/1/2026 1,000,000 Excluded 2,000,000 2,000,000 2,000,000 1,000,000B H8106T107454PHX25 7/1/2025 7/1/2026 10,000,000C ZUP16P3255725PA 7/1/2025 7/1/2026 10,000,000 10,000 C UB5T76883625PAD 7/1/2025 7/1/2026 1,000,000 N 1,000,000 1,000,000 Town of Chapel Hill is included an Additional Insured. Town of Chapel Hill 405 Martin Luther King Jr. Blvd Chapel Hill, NC 27514 ORANCOU-50 ABOYARLA Alliant Insurance Services, Inc. 101 N. Tryon St, Ste 6000 Charlotte, NC 28246 Charter Oak Fire Insurance Company Phoenix Insurance Company Travelers Property Casualty Company of America X X X X X X X Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Town of Chapel Hill Vendor Contact Person: Mary Jane Nirdlinger Phone: 919-968-2743 Address: 405 Martin Luther King Jr Blvd City Chapel Hill State: NC Zip: 27514 Department: Social Services Amount: $100,000 Purpose: temporary emergency housing Budget Code(s): 10405005-449925-95102 Vendor # 64 Vendor Status with NCSOS: NA Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 7/11/2025 End Date 12/31/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Travis Myren 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 ($30k-$90k); 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: Emergency temporary housing for eligible residents displaced by Tropical Storm Chantal. Department Director’s Signature ________________________________________ Date: ________ 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 hardware/software purchases or related services 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 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: Received for record retention: Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D 7/25/2025 7/29/2025 7/29/2025 7/29/2025 Revised 01/24 2 Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: CD947C4B-BD08-41FF-82DD-CDCAAFB2874D