RFP 007-24(2) Grant Manager - SAMHSA.pdf

Request for Proposal

Proposal No. 007-24(2) OCVTC Grant Manager - SAMHSA

Issued By:

Onslow County Purchasing Department

234 NW Corridor Blvd.

Jacksonville, NC 28540 Phone: (910) 455-1750

Issued for:

Onslow County Veterans Treatment Court

Date of Issue: April 26, 2024

Proposals Due: May 8, 2024 at 2PM

KEY INFORMATION SUMMARY SHEET

Request for Proposals OCVTC Grant Manager - SAMHSA

RFP # 007-24(2)

RFP Issue Date: April 26, 2024

Deadline for Written Questions: 12:00 noon May 2, 2024

Proposal Due Date: May 8, 2024 2:00 PM

Electronic file (pdf): one (1) identical electronic PDF copy (on thumb drive) of the proposal documents.

• This is in addition to a hardcopy

Mailing address to submit proposals: Onslow County Purchasing Department Attn: Christina Russell 234 NW Corridor Blvd.

If you have received this Request for Proposal from a source other than the Onslow County Purchasing Department, it is the responsibility of the Proposer to ensure that all addenda have been received. Proposers can email:

Christina_Russell@onslowcountync.gov to ensure that all addenda has been received prior to submitting a proposal.

Onslow County, North Carolina Request for Proposals

Grant Manager

1. Introduction

The County of Onslow has been awarded funding through a Federal Grant for Substance Abuse and Mental Health Services Projects of Regional and National Significance: 2023 Onslow County Veterans Treatment Court (OCVTC) Expansion. The grant project began on September 30, 2023, and ends September 29, 2028.

The grant will fund the expansion of the treatment capacity of the Onslow County Veterans Treatment Court (OCVTC). The goal of this grant is to provide and connect participants with assessments, treatment, and assist them in navigating the journey of treatment, services, and life in recovery. The grant will fund the costs for a grant management services position associated with OCVTC.

The purpose of soliciting proposals is to contract with an individual or firm to oversee the Substance Abuse and Mental Health Services Administration (SAMHSA) as the Grant Manager. The Consultant will provide project management services necessary to successfully implement, evaluate and administer the grant funds, meeting the grant objectives and timeframes for implementation.

The award of a contract under this solicitation will be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of the funding award. The prospective Contractor shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. In addition, Contractor providing submittal shall be responsible for complying with state law and local ordinances.

Copies of the Request for Proposal (RFP) may be obtained by applying to the Onslow County Purchasing Department, phone (910) 455-1750 during regular business hours. The County of Onslow reserves the right to reject any and/or all proposals. The County of Onslow encourages all businesses, including minority, women owned businesses to respond to all Request for Proposals.

2. Scope of Work

The Grant Manager should have excellent organizational skills, great leadership qualities, exceptional budgeting, and monitoring skills. They should have expert project management services to provide supporting documents and information to County and SAMHSA as well as ensuring the compliance of federal regulations is adhered to.

Contractor shall communicate easy and be transparent in collaborating with the County, the OCVTC, mental health providers, and OCVTC’s partners to implement services to ensure the program operates efficiently and accomplishes grant objectives. Listed below are the SAMHSA Goals and Objectives associated with this grant.

1. Increase capacity to assess veteran’s risk and treatment needs.

a. 100% of applicants will receive evidence-based screenings for SUD, MH, and co-occurring disorders.

b. 100% of applicants will receive a Risk-Need-Responsivity screening to identify appropriate treatment modalities.

2. Connect veterans to effective evidence-based treatment and recovery supports.

a. 100% of veterans accepted into the program will be connected with appropriate SUD, MH, and co-occurring disorder treatment.

b. 100% of participants will be connected with a Peer Recovery Coach and a volunteer veteran mentor.

3. Connect all eligible veterans with benefits and treatment earned through military service.

a. 100% of program participants will be provided information about and access to available benefits.

4. Decrease stressors related to daily living (e.g., addiction, financial management, housing, education, employment).

a. 100% of participants will be provided information regarding community resources to meet their physical and social needs.

b. 100% of participants requesting community resources assistance will be connected to the appropriate services.

5. Reduce Re-entry into Criminal Justice System.

a. 100% of participants will complete the program (graduation)

b. 100% of program graduates will remain in recovery at 6 and 12 months.

c. 100% of program graduates will remain out of the criminal justice system at 6 and 12 months.

3. Questions

All questions pertaining to this Request for Proposal (RFP) shall be submitted in writing no later than May 2, 2024 by 12:00 PM. Questions may be emailed to: Christina_Russell@onslowcountync.gov

Only written questions will be considered formal. Any information given verbally or by telephone will be considered informal. Any questions that the County feels are pertinent to all proposers will be mailed as an addendum to the RFP.

4. Preparation of Proposal

Each Proposer must thoroughly examine the Request for Proposal and contract documents to ensure that the contractor can meet all requirements. Proposals shall be submitted on the forms included within the RFP documents.

Proposals shall be signed by the individual or firm legally authorized to bind the Contractor to a contract.

Proposals that are not signed may be rejected.

Failure to submit a proposal with all proposal requirements may be considered sufficient cause for rejection of the Proposal. Any interlineations, alterations or erasures must be initialized by the signer of the proposal.

Proposals shall remain firm for a period of sixty (60) calendar days after proposals are due.

5. Submittals In order to be considered all proposals must be submitted in writing no later than 2:00 PM (EST) on May 8, 2024. Time is of the essence; No proposal will be accepted after the official time and date. Individual or firm mailing responses should allow delivery time to ensure timely receipt of their proposal. The responsibility for getting the proposal to the Onslow County Purchasing Department on or before the specified time and date is solely and strictly the responsibility of the responding individual or firm. One (1) identical electronic PDF copy (on thumb drive) of the proposal documents must be included in addition to the hardcopy.

The outside of the envelope shall be clearly marked “RFP # 007-24(2) OCVTC Grant Manager - SAMHSA.”

The County will in no way be responsible for delays caused by any occurrence. Responses may be hand carried or mailed to:

Onslow County Purchasing Department

Attn: Christina Russell 234 NW Corridor Blvd.

Hours: 8:00 a.m. - 5:00 p.m. (EST) Monday – Friday

6. Proposer Responsibility

The Proposer is responsible for verifying any and/all information provided and to familiarize themselves with the work required, prior to bidding. A plea of ignorance of the conditions that exist, or may hereafter exist, or difficulties that may be encountered in the execution of the work, as a result of failure to make necessary investigations and examinations, will not be accepted as an excuse for any failure, or omission on the part of the successful documents and to complete the work for the consideration set forth herein, or as a basis for any claim whatsoever.

7. Subcontract

The successful bidder is the primary contractor and will perform the work themselves or using their own work force. The contractor shall not sub-contract the services/work without the prior approval of the County.

8. Compliance by Awarded Contractor: The awarded contractors shall comply with all applicable federal laws, regulations, executive orders, Federal requirements, specifically 2 CFR, Part 200, and the terms and conditions of the funding award. In addition, contractors providing submittals shall be responsible for complying with state law and local ordinances.

9. Certification of Proposer Regarding Debarment. By submitting a proposal under this solicitation, the

Contractor certifies that neither it nor its principals are presently debarred or suspended by any federal department or agency from participation in this transaction. See attached form enclosed.

10. Sample Agreement Attached is a Sample Service Agreement that describes the county’s contractual terms and conditions to include insurance requirements. In addition, the required federal contracting requirements apply to this contract. The successful Contractor will be required to enter into a service agreement with the County. Any exceptions to the Service Agreement and Attachment 2 “Federal Contracting Requirements” must be listed and included in Section 4 below.

11. Proposal Requirements

In order to evaluate responses efficiently and equitably, responses must be submitted as identified below.

Failure to submit this information may render your proposal non-responsive. Each respondent shall provide the following company information:

Section 1: Introduction: Company/Individual Information

• Submit a cover letter on agency/individual letterhead signed by an authorized individual or official of the organization. The letter must contain:

• Individual/Company name and address, including telephone, email address, website address.

• The type of company (individual, partnership, corporation, etc.) and list the names of all partners, principals, etc., if applicable.

• Year established. Include former company name(s) and year(s) established, if applicable.

• The name, title, address, and telephone number of the company’s authorized negotiator. The person identified must be empowered to make binding commitments for the company/individual.

Section 2: Experience and References:

• List your experiences in overseeing grants for municipalities. Specifically, detail your experience working with local governments with federal grants.

• Describe the background, experience, and qualifications for the individual who will act as the grant manager and the education, relevant experience, and qualifications.

• Provide at least three (3) current references similar if not exact to scope of work. Include Company Name, Contact Name, Title, Verified Phone Number, and Email Address

Section 3: Cost Proposal:

• Provided itemized list of services contractor will provided in overseeing the OCVTC SAMHSA grant.

• Proposed hourly rate for grant management services.

• Proposed number of hours for the life of the project period.

Section 4: Forms

• Non-Collusion Affidavit (on provided form) MUST BE NOTARIZED

• Proposer’s Bid Certification Form (on provided form)

• Certification Regarding Debarment and Suspension (on provided form) MUST BE NOTARIZED

• E-Verify Affidavit (on provided form) MUST BE NOTARIZED

Section 5: Exceptions

• Exceptions to the RFP and Sample Service Agreement. Attached is a sample service agreement that describes the County’s contractual terms and conditions and Attachment 2 “Federal Contracting Requirements.” Each successful contractor will be required to enter into a service agreement. Any exceptions to the RFP, the sample agreement and the federal requirements must be documented and submitted in this Section.

12. Evaluation and Award of Contract

The County will contract with a Contractor that best demonstrates the ability to meet requirements as specified in this RFP. Providers submitting a response will be evaluated based on the capacity and experience demonstrated in their Proposal.

Factors to be considered during the evaluation will include:

• Completeness of submitted proposal and adherence to stated criteria in this RFP

• Qualifications and Experience

• Proposed Fees

• References

• Exceptions/Acceptance of the terms of the contract

A contract will be negotiated for the period beginning in May 2024, and through the life of the federal grant funds being September 29, 2028. Contract renewal will be based on the availability of funding, grantee performance, and contractual compliance.

In addition, if funding is to be paid with federal grant funds, the awarded individual/firm must comply with the contract provisions in Appendix II Part 200 – “Uniform Requirements, Cost Principles, and Audit Requirements for federal awards.” and any SAMHSA grant requirements.

eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#ap2.1.200_1521.ii https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#ap2.1.200_1521.ii

NON-COLLUSION AFFIDAVIT Proposal Request No. 007-24(2) State of North Carolina County of Onslow

_________________________________________(name of individual), being first duly sworn, deposes and says that:

1. He/She is the ___________________________ (title) of __________________________________ (company name), the proposer that has submitted the attached proposal;

2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;

3. Such proposal is genuine and is not a collusive or sham proposal;

4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or to fix any overhead, profit or cost element of the proposal price of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Onslow or any person interested in the proposed contract; and

5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signature Seal ___________________________________ if Title Corporation

Date: ______________________________

This form must be notarized

SUBSCRIBED AND SWORN TO BEFORE ME,

This ______ day of ___________________, 20____

Notary Public _____________________________

My Commission Expires: ____________________

Company Name Company Address

Telephone Fax

Representative (print name)

Signature of Representative

Email Address

Date Submitted

PROPOSAL FORM

RFP 007-24(2)

PART I: Proposal Form

Please provide a list of hourly rates for the following services:

$____________________ Hourly Rate for grant management services

____________________ Number of hours for life of the project period

$______________ Additional expenses please list below:

This is an acknowledgement that only Federal Grant funding will be used to fund this contract. The Contractor will comply with all applicable federal laws regulations, executive orders, and the latest version of Federal/SAMHSA policies, procedures, and directives.

PART II: Submitted by

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned applicant certifies to the best of his or her knowledge and belief, that he applicant and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Ste, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package.

The applicant agrees by submitting the proposal that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-Lower Tier Covered Transactions” in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions.

______________________________ (Seal if Corporation ) Signature Title Date: _________________________

NOTARIZE

SUBSCRIBED AND SWORN TO BEFORE ME,

This ______ day of ________________________, 20___

NOTARY PUBLIC ____________________________

My Commission Expires: ________________________

STATE OF NORTH CAROLINA AFFIDAVIT OF COMPLIANCE – E-VERIFY

COUNTY OF ONSLOW

I, ____________________________(the individual attesting below), being duly authorized by and on behalf of

________________________________ (hereinafter "Vendor") after first being duly sworn hereby swears or affirms as follows:

1. Vendor understands that E-Verify is the federal E-Verify program operated by the United States Department of

Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with Article 2 of Chapter 65 of the North Carolina General Statutes; and

2. Vendor understands that “Employer”, as defined in NCGS§64-25(4), are required by law to use E-Verify to verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). The term “Employer” does not include State agencies, counties, municipalities, or other governmental bodies.

3. Vendor is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in the state of North Carolina. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Vendor will ensure compliance with E-Verify by any subcontractors subsequently hired by Vendor to perform work under Vendor’s contract with Onslow County.

5. Vendor shall keep the County of Onslow informed of any change on its status pursuant to Article 2 of Chapter 64 of the North Carolina Statutes.

This ____ day of _______________, 20___.

Signature of Affiant Print or Type Name: _________________________

State of ____________________ County of _____________

Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20___.

My Commission Expires:

Notary Public

(A ffix O fficial/N otarial

Seal)

SAMPLE – DO NOT FILL IN

NORTH CAROLINA

SERVICE CONTRACT

ONSLOW COUNTY

THIS CONTRACT is made, and entered into this the day of , by and between the COUNTY of ONSLOW, a political subdivision of the State of North Carolina, (hereinafter referred to as “COUNTY”), and , a corporation duly authorized to do business in the State of North Carolina, (hereinafter referred to as “CONTRACTOR”).

For and in consideration of mutual promises to each as herein after set forth, the parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES. CONTRACTOR hereby agrees to provide the services and/or materials under this Contract pursuant to the provisions and specifications identified in “Attachment 1” (hereinafter collectively referred to as “Services”) & “Attachment 2” (hereinafter collectively referred to as “Federal Contract Requirements”). Attachment 1 & 2 are hereby incorporated herein and made a part of this Contract. Time is of the essence with respect to all provisions of this Contract that specify a time for performance.

2. TERM OF CONTRACT. The Term of this Contract for Services is from to unless sooner terminated as provided herein.

3. PAYMENT TO CONTRACTOR. CONTRACTOR shall receive from COUNTY an amount not to exceed ($ ) as full compensation for the provision of Services. COUNTY agrees to pay CONTRACTOR at the rates specified for Services performed to the satisfaction of the COUNTY, in accordance with this Contract, and Attachment 1. Unless otherwise specified, CONTRACTOR shall submit an itemized invoice to COUNTY by the end of the month during which Services are performed. A Purchase Order number may be assigned to encumber the funds associated with this Contract and must appear on all invoices and correspondence mailed to Purchaser. Payment will be processed promptly upon receipt and approval of the invoice by COUNTY.

4. INDEPENDENT CONTRACTOR. COUNTY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of COUNTY 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 the Services required hereunder in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies.

5. LICENSURE, CERTIFICATION, AND REGISTRATION OF PERSONNEL. All personnel provided or made available by Contractor to render services hereunder shall be licensed, certified or registered, as appropriate, in their respective areas of expertise as required by applicable North Carolina law.

6. CONFIDENTIALITY: All data and information, both written and verbal, furnished to Contractor by County shall be regarded as confidential, shall remain the sole property of County and shall be held in confidence and safekeeping by Contractor for the sole use of the parties and Contractor under the terms of this Agreement. Contractor agrees that its officers, employees and agents will not disclose to any person, firm or entity other than County or County's designated legal counsel, accountants or practice management consultants any information about County, its practice or billing, or any of the patients of County. Contractor agrees to carry out its obligations to County in compliance with the privacy and security regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, (“HIPAA”). Contractor agrees to all terms and conditions contained within the County’s Business Associate Agreement and agrees to execute same upon presentation to Contractor.

7. COUNTY’S SATISFACTION WITH HEALTH CARE PERSONNEL. If County becomes dissatisfied with any health care personnel provided by Contractor hereunder, Contractor, in recognition of the sensitive nature of services, shall, following receipt of written notice from County of the grounds for such dissatisfaction and in consideration of the reasons therefore, exercise its best efforts to resolve the problem. If the problem is not resolved satisfactorily to County, Contractor shall remove or shall cause any independent contractor, subcontractor, or assignee to remove the individual about whom County has expressed dissatisfaction. Should removal of an individual become necessary, Contractor will be allowed reasonable time, prior to removal, to find an acceptable replacement, without penalty or any prejudice to the interests of Contractor.

8. TITLE VI: All activities under this Contract will be conducted in accordance with Title VI, Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973.

9. INSURANCE AND INDEMNITY. To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold harmless the COUNTY 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 CONTRACTOR’s performance of this Contract or the actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under contracts entered into by the CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this Contract.

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.

Additionally, CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:

$1,000,000 per occurrence/$3,000,000 aggregate – Professional Liability

$1,000,000 per occurrence /$2,000,000 aggregate --- Bodily Injury Liability, and $100,000 --- Property Damage Liability, or $1,000,000 per occurrence /$2,000,000 aggregate---Combined Single Limit Bodily Injury and Property Damage Automobile Liability $100,000 Bodily Injury per Person /$300,000 Bodily Injury per Accident / $50,000 Property Damage per Accident, or $300,000 Automobile Liability Combined Single Limit Bodily and Property Damage

CONTRACTOR, upon execution of this Contract, shall furnish to the COUNTY a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty (30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR. All such insurance shall meet all laws of the State of North Carolina.

Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’s liability and obligations under the Contract.

10. 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.

11. NON-DISCRIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, or disability. 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 COUNTY, and CONTRACTOR may be declared ineligible for further COUNTY contracts.

12. 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 Onslow and the State of North Carolina.

13. TERMINATION OF CONTRACT. This Contract may be terminated, without cause and without penalty, by

COUNTY upon thirty (30) days written notice to the CONTRACTOR, and such an early termination shall not be deemed to be a breach of this contract. This termination notice period shall begin upon receipt of the notice of termination. Such a termination does not bar either party from pursuing a claim for damages for breach of the contract if such a breach has occurred.

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 Contract, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party.

14. SUCCESSORS AND ASSIGNS. CONTRACTOR shall not assign its interest in this Contract without the written consent of COUNTY. CONTRACTOR has no authority to enter into contracts on behalf of COUNTY.

15. 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 of this Contract shall be carried out in strict compliance with all Federal, State, or local laws.

16. E-VERIFY. As a condition of payment for services rendered under this agreement, CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR provides the services to the County utilizing a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes as well. CONTRACTOR shall verify, by affidavit, compliance of the terms of this section upon request by the County.

17. IRAN DIVESTMENT ACT. CONTRACTOR certifies that they are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4. Individuals or companies on the Final Divestment List are ineligible to contract or subcontract with Local Government Units. (G.S. 143C-6A-6(a).) It is the responsibility of each vendor or contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

18. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. The CONTRACTOR certifies that it 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 vendor or contractor to monitor compliance with this restriction.

Contracts valued at less than $1,000.00 are exempt from this restriction.

19. GOOD STANDING WITH COUNTY. CONTRACTOR certifies that it is not delinquent on any taxes, fees, or other debt owed by CONTRACTOR to COUNTY. CONTRACTOR covenants and agrees to remain current on any taxes, fees, or other debt owed by CONTRACTOR to COUNTY during the Term of this Contract.

20. 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:

COUNTY OF ONSLOW CONTRACTOR:

ATTN: ATTN:

21. AUDIT RIGHTS. For all Services being provided hereunder, COUNTY 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 the Services. Audits shall take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONTRACTOR must make the materials to be audited available within one (1) week of the request for them.

22. COUNTY NOT RESPONSIBLE FOR EXPENSES. COUNTY shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR, unless otherwise agreed in writing.

23. ANNUAL APPROPRIATIONS AND FUNDING. This Agreement may be subject to the annual appropriation of funds by the Onslow County Commissioners. Notwithstanding any provision herein to the contrary, in the event that funds are not appropriated for this Agreement, then County shall be entitled to immediately terminate this Agreement, without penalty or liability, except the payment of all contract fees due under this Agreement up to and through the last day of service.

24. NO PLEDGE OF TAXING AUTHORITY: No deficiency judgment may be rendered against COUNTY or any agency of COUNTY in any action for breach of a contractual obligation under this contract. The taxing power of the COUNTY is not pledged directly or indirectly to secure any monies due under this contract.

25. EQUIPMENT. CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide Services hereunder, unless otherwise agreed in writing.

26. ENTIRE CONTRACT. This Contract, including Attachment 1 & 2, shall constitute the entire understanding between COUNTY 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.

27. HEADINGS. The subject headings of the sections are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Contract shall be deemed to have been drafted by both parties and no interpretation shall be made to the contrary.

28. EXISTENCE. CONTRACTOR warrants that it is a corporation duly organized, validly existing, and in good standing under the laws of the State of North Carolina and is duly qualified to do business in the State of North Carolina and has full power and authority to enter into and fulfill all the terms and conditions of this contract.

29. AUTHORITY. By execution hereof, the person signing for CONTRACTOR below certifies that he/she has read this Contract and that he/she is duly authorized to execute this Contract on behalf of the CONTRACTOR. This Contract, together with any amendments or modifications, may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be considered one and the same agreement. This Contract may also be executed electronically. By signing electronically, the parties indicate their intent to comply with the Electronic Commerce in Government Act (N.C.G.S § 66-358.1 et seq.) and the Uniform Electronic Transactions Act (N.C.G.S § 66-311 et seq.). Delivery of an executed counterpart of this Contract by either electronic means or by facsimile shall be as effective as a manually executed counterpart.

IN TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this Service Contract to be executed by their duly authorized office or agent.

Reviewed by Department Head CONTRACTOR

____________________________________ By: ____________________________________

Date Reviewed: _______________________ Printed Name:

Title:

ONSLOW COUNTY

This instrument has been preaudited in the By:_____________________________________ manner required by the Local Government and Fiscal Control Act Printed Name:

___________________________________ Title:

Onslow County Finance Officer

“ATTACHMENTS 1 and 2” to follow

ATTACHMENT 1

Onslow County Request for Proposal No. 007-24(2) “Grant Manager Services” issued April 26, 2024 and _______________________ proposal dated ____________, 2024 are made a part of this contract as if fully set forth.

To the extent there is a conflict between the terms of the County’s Request for Proposal and the Provider’s proposal, the terms within the County’s Request for Proposal shall control.

ATTACHMENT 2

Federal Contracting Requirements – RFP 007-24(2)

This Attachment 2 is incorporated into the Service Contract between the County and the Vendor. Capitalized terms not defined in this Attachment shall have the meanings assigned to such terms in the Contract. All references to the “Vendor” or “Company” or “Vendor” or “Provider” shall be deemed to mean the Vendor.

This Contract will be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related administrative practices apply to this Contract. The most recent of such federal requirements, including any amendments made after the execution of this Contract shall govern the Contract, unless the federal government determines otherwise. This Attachment 2 identifies the federal requirements that may be applicable to this contract. The Vendor is responsible for complying with all applicable provisions, updates or modifications that occur in the future relating to these clauses.

To the extent possible, the federal requirements contained in the most recent version of the Uniform Administrative Requirements for federal awards (Uniform Rules) codified at 2.C.F.R., Part 200, including any certifications and contractual provisions required by any federal statutes or regulation referenced therein to be included in this contract are deemed incorporated into this contract by reference and shall be incorporated into any sub-agreement or subcontract executed by the Vendor pursuant to its obligations under this Contract. The Vendor and its sub-contractors, if any, hereby represent and covenant that they are have complied and shall comply in the future with the applicable provisions of the original contract then in effect and with all applicable federal, state, and local laws, regulations, and rules and local policies and procedures, as amended from time to time, relating to Work to be performed under this contract.

Drug Free Workplace Requirements Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub 100-690, Title V, Subtitle D). All Vendors entering into federal funded contracts over $100,000 must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988.

Vendor Compliance The Vendor shall comply with all uniform administrative requirements, cost principles, and audit requirement for federal awards.

Conflict of Interest The Vendor must disclose in writing any potential conflict of interest to the County of Onslow or pas through entity in accordance with federal policy.

Mandatory Disclosures The Vendor must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.

Energy Conservation The Vendor and subcontractors agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. § 6321, et seq.

Federal Water Pollution Control Act For contracts in excess of $150,000, the Vendor 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.

The Vendor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.”

Clean Air Act

For contracts in excess of $150,000, the Vendor 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. and the Federal Water Pollution Act as amended (33 USC § 1251-1387).

The Vendor agrees to report any violation to the County immediately upon discovery. The Vendor understands and agrees that the County will, in turn, report each violation as required to assure notification to the County, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency (EPA) Regional Office. Vendor must include this requirement in all subcontracts that exceed $150,000.

The Vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Access to Records and Reports The Vendor must maintain an acceptable cost accounting system. The Vendor agrees to provide the 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 Vendor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Vendor 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 contract.

All Vendors a nd their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff.

No Obligation by Federal Government The County and the Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the County, the Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Vendor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Program Fraud and False or Fraudulent Statements or Related Acts The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. Upon execution of the underlying contract, the Vendor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the Federally assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Vendor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Vendor to the extent the Federal Government deems appropriate.

The Vendor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Vendor, to the extent the Federal Government deems appropriate.

The Vendor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the sub-contractor who will be subject to the provisions.

Changes Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Vendors failure to do so shall constitute a material breach of the contract.

Termination

Termination Without Cause. The County may immediately terminate this Agreement at any time without cause by giving written notice to the Vendor.

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Agreement upon the occurrence of one or more of the following events:

The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Agreement, provided that, unless otherwise stated in this Agreement, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or

The other party attempts to assign, terminate or cancel this Agreement contrary to the terms hereof; or

The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Agreement shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.

Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Agreement if the default is not cured within the specified period.

Additional Grounds for Default Termination by the County. By giving written notice to the Vendor, the County may also terminate this Agreement upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):

The Vendor makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Agreement, Vendor’s Proposal, or any covenant, agreement, obligation, term or condition contained in this Agreement; or

The Vendor takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Agreement, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Agreement, or failure to provide the proof of insurance as required by this Agreement.

Cancellation of Orders and Subcontracts. In the event this Agreement is terminated by the County for any reason prior to the end of the term, the Vendor shall upon termination immediately discontinue all service in connection with this Agreement and promptly cancel all existing orders and subcontracts, which are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Vendor shall submit a statement to the County showing in detail the services performed under this Agreement to the date of termination.

No Effect on Taxes, Fees, Charges, or Reports. Any termination of the Agreement shall not relieve the Vendor of the obligation to pay any fees, taxes or other charges then due to the County, nor relieve the Vendor of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Vendor from any claim for damages previously accrued or then accruing against the Vendor.

Obligations Upon Expiration or Termination. Upon expiration or termination of this Agreement, the Vendor shall promptly

(a) return to the County all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the County; (b) deliver to the County all Work Product; (c) allow the County or a new vendor access to the systems, software, infrastructure, or processes of the Vendor that are necessary to migrate the Services to a new vendor; and (d) refund to the County all pre-paid sums for Products or Services that have been cancelled and will not be delivered.

No Suspension. In the event that the County disputes in good faith an allegation of default by the Vendor, notwithstanding anything to the contrary in this Agreement, the Vendor agrees that it will not terminate this Agreement or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Vendor, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.

Authority to Terminate. The County Manager or their designee is authorized to terminate this Agreement on behalf of the County.

Audit. During the term of the Agreement and for a period of one (1) year after termination or expiration of…