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HomeMy WebLinkAboutAgenda - 03-17-2009 - 4n ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 17, 2009 Action Agenda Item No. 4 - SUBJECT: Partnership to End Homelessness — Interim Coordinator Agreement DEPARTMENT: Housing and Community PUBLIC HEARING: (Y/N) No Development ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes, 245-2490 Agreement Annette Moore, 245-2300 PURPOSE: To consider approval of an Agreement to Provide an Interim Homelessness Program Coordinator for the Partnership to End Homelessness. BACKGROUND: The Ten (10) Year Plan to End Homelessness was approved by the four elected boards in the County in May 2007. Subsequently, an Executive Team of the Partnership to End Homelessness was formed to provide oversight and direction to the Plan. The Executive Team consists of a representative from the four elected bodies, the Triangle United Way, the university, and other community representatives. The specific role of the Executive Team is to ensure the goals, objectives, and strategies of the 10 Year Plan are being met and to also help address the inevitable challenges inherent in this ambitious initiative. Commissioner Bernadette Pelissier is the current BOCC representative. Critical to Plan implementation has been the hiring of a 10 Year Plan Coordinator also known as the Homeless Program Coordinator who would be responsible for directing Plan implementation activities. Therefore, in January 2008 the elected boards of the County and the Towns agreed to enter into a Memorandum of Understanding to formalize the joint agreement regarding the funding and oversight of this position. A copy of the Memorandum is included with the abstract. The Memorandum gives Orange County the responsibility for hiring and maintaining the Coordinator position in the County's Classification and Pay System. The position is currently vacant after recent efforts to recruit a viable candidate were unsuccessful. County staff is preparing to renew the recruitment process with the goal in mind of hiring a Program Coordinator. However, in the interim, to ensure continued plan implementation, the Town of Chapel Hill has agreed to provide a town employee to serve as Interim Coordinator for a period of six months and the Partnership to End Homelessness Executive Team is in full support of this arrangement. Therefore, in accordance with the Memorandum of Understanding, Orange County must agree to manage the Interim employee and enter into an Agreement with the Town of Chapel Hill to formalize the exchange for a period of time detailed as March 24, 2009 to September 25, 2009. 2 The attached Agreement has been developed for this purpose and reviewed by the County Attorney and is being presented for approval. FINANCIAL IMPACT: The total personnel costs for the Interim Coordinator are estimated to not exceed $40,000. This amount is available from the current year budget provided by the four local governments of$72,768. RECOMMENDATION(S): The Manager recommends the Board approve the Agreement to Provide an Interim Homelessness Program Coordinator for the Partnership to End Homelessness with the Town of Chapel Hill and authorize the Chair to sign the document on behalf of the Board subject to final review and approval by the County Attorney. 3 AGREEMENT TO PROVIDE AN INTERIM HOMELESSNESS PROGRAM COORDINATER BETWEEN ORANGE COUNTY AND CHAPEL HILL This agreement between Orange County and the Town of Chapel Hill is entered into for the purpose of providing for an interim Homelessness Program Coordinator. Whereas, The Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Alderman, and Hillsborough Board of Commissioners have determined ending chronic homelessness is an important goal and has endorsed the Orange County 10 Year Plan to End Chronic Homelessness; and Whereas, each governmental partner has agreed to provide financial resources for a Homelessness Program Coordinator to provide staff support and lead the effort to develop a comprehensive approach to end homelessness in Orange County and each has signed onto a Memorandum of Understanding endorsing their support which is hereby incorporated by reference and attached hereto (Attachment A); and Whereas, the Plan specifies the hiring of a Homelessness Program Coordinator whose responsibilities and duties are outlined in Attachment B, "Position Specifications for Homelessness Program Coordinator," and Whereas, the Memorandum of Understanding provides the Homelessness Program Coordinator be housed and employed by Orange County Government; and Whereas, currently there is a vacancy in the position of Homelessness Program Coordinator and ongoing staff support is needed for the Executive Team and to support the purpose of the Orange County Ten Year Plan to End Chronic Homelessness; and Whereas, the Town of Chapel Hill currently employs staff, who with the financial resources provided by the government partners identified above, can provide interim staff support to the Plan in accordance with the attached Position Specifications; NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter set forth, Orange County and the Town of Chapel Hill agree as follows: 1. The Town of Chapel Hill agrees: a. To use funds not to exceed $40,000 for the purpose of supporting an interim Homelessness Program Coordinator for thirty (30) hours per week for the six months. b. To submit an invoice to Orange County on a monthly basis specifying the personnel costs for the Homelessness Program Coordinator for the specified period. Interim Homelessness Program Coordinator Agreement Page 1 of 4 4 c. To provide, the equivalent of.75 Full Time Equivalent (FTE)personnel (30 hours per week) to carry out the interim Homelessness Program Coordinator described in the Position Specification for the Homelessness Program Coordinator. (See Attachment B) The Homelessness Program Coordinator will report activities performed to the County Manager or her designee. d. Chapel Hill shall, concurrent with execution of this Agreement, designate the name of the Homelessness Program Coordinator identified in this Agreement ("Designated Employee"). Orange County and Chapel Hill will mutually agree to the designation of the Designated Employee. Any changes to the designation will be mutually agreed to by the Orange County and Chapel Hill. In the event the Designated Employee becomes unwilling or unable to perform the duties required by this Agreement, this Agreement shall terminate and any payment due as of the date of termination shall be paid as provided in paragraph 5 of this Agreement. e. Chapel Hill shall in the event of termination of the Designated Employee, whether voluntary or involuntary, inform the County in advance of termination and provide the date of termination. 2. Orange County agrees: a. To provide funds from the joint finances provided by members of the Partnership to End Homelessness, not to exceed $40,000 to the Town of Chapel Hill for the purpose of supporting an interim Homelessness Program Coordinator for thirty (30)hours per week for six months. b. The funds will be paid monthly by the County upon the submission of an invoice by the Town specifying the monthly personnel costs. The County shall pay the Town within thirty (30) days of receipt of the Town's invoice. Any adjustments to the invoice shall be taken into account in the next succeeding invoice or as soon thereafter as practical. c. Orange County will use the Designated employee as the interim Homelessness Program Coordinator in accordance with the Memorandum of Understanding and the Position Specifications for Homelessness Program Coordinator (See Attachment A and B) d. The Orange County Manager or her designee will cooperate with the Town in any personnel action initiated and conducted by the Town for or against the Designated employee and coordinate the implementation of this Agreement and the work of the interim Homelessness Program Coordinator. e. The County shall furnish all supplies, equipment, office space and computer as needed by the Homelessness Program Coordinator; to include any conferences or meetings necessary to appropriately carryout the duties of the position within budgetary constraints. Interim Homelessness Program Coordinator Agreement Page 2 of 4 5 3. Term. This contract shall be in effect for the period March 18, 2009 until September 17, 2009. 4. The interim Homelessness Program Coordinator shall provide a total of thirty (30) hours per week of services. Days and times of service shall be mutually agreed upon by the County and Chapel Hill. The County and Chapel Hill will mutually agree upon a method of reporting vacations, sick leave and other absences. 5. Termination. This Agreement may be terminated at anytime without penalty by either party provided the Agreement is terminated either: a. Upon failure of the parties to agree on a replacement. b. Upon delivery of written notice of termination furnished to the other party at least 30 days (30)prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 6. OSHA Compliance. Orange County controls the facilities where the Homelessness Coordinator works. It is agreed Orange County is primarily responsible for compliance with the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the extent those laws apply to the Homelessness Program Coordinator. 7. Workers Compensation. The Town of Chapel Hill shall provide workers' compensation for the Designated Employee. The parties agree to immediately notify each other of any injury or accident or any claim for workers' compensation benefits involving the Designated Employee. 8. EEO Compliance. The Homelessness Program Coordinator is an employee of Chapel Hill and is covered by all applicable federal and state laws with all rights and privileges provided to them by law. Orange County and Chapel Hill affirm that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. Both parties agree to comply with Title VI and Title VII of the Civil rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and its amendments, and any other applicable Civil Rights laws and requirements imposed by state and federal regulations, rules, and guidelines issued pursuant to these titles or other laws for both personnel employed and individuals served. In the event of any complaint of unlawful discrimination, harassment, or retaliation by the Designated Employee, Orange County and Chapel Hill agree to cooperate in the prompt investigation and resolution of such complaint. 9. Independent Contractor. The services which Chapel Hill shall render under this Agreement shall be as an independent contractor with respect to Orange County. Interim Homelessness Program Coordinator Agreement Page 3 of 4 Co Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Chapel Hill, the Designated Employee and Orange County. 10. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of the Orange County within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by a lending of the credit of Orange County within the meaning of the Constitution of the State of North Carolina. This Agreement shall and does not directly or indirectly or contingently obligate the Orange County to make any payments beyond those appropriated in the sole discretion of Orange County for any fiscal year in which this Agreement shall be in effect. No deficiency judgment may be rendered against Orange County in any action for breach of a contractual obligation under this Agreement and the taxing power of Orange County is not and may not be pledged directly or indirectly or contingently to secure any monies due under this Agreement. 11. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 12. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF FOR AND ON BEHALF OF THE COUNTY OF ORANGE TOWN OF CHAPEL HILL Valerie P. Foushee, Chair Orange County Board of County Commissioners Printed Name Town of Chapel Hill Date Date "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Gary Humphreys, Director Date Orange County Financial Services Interim Homelessness Program Coordinator Agreement Page 4 of 4 �a • • 0 Memorandum of Understanding between Orange County,NC • and The Towns of Chapel Hill,Carrboro and Hillsborough and The Executive Team for the Partnership to End Homelessness Whereas, the Orange County Board of Commissioners,Chapel Hill Town Council, Carrboro Board of Alderman,and Hillsborough Board of Commissioners have endorsed the Orange County 10 Year Plan to End Chronic Homelessness,and Whereas, each governmental partner has agreed to provide financial support for the .position of the Ten Year Plan Coordinator,and Whereas, the Plan creates an Executive Team consisting of representatives from each of the above municipalities,along with a cross section of community representation, whose role is to provide oversight and direction to the plan as it evolves over the coming 10 Years,and Whereas, the Plan has specified the hiring of a Coordinator whose responsibilities have been outlined in a Job Description (Attachment A) and is funded by the four governmental partners,and • Whereas, the current Executive Team for Orange County's 10 Year Plan to End Chronic Homelessness has recommended this position be housed within Orange County Government, Now Therefore Be it Resolved, this Memorandum of Understanding between Orange County,NC(the County), the Towns of Chapel Hill, Carrboro and Hillsborough (the Towns)and the Executive Team of Orange County 10 Year Plan to End Chronic Homelessness(the Executive Team)will serve as a mechanism to clarify roles and responsibilities of each body as it relates to the funding and oversight of the Coordinator for the 10 Year Plan. The Executive Team will: • Provide ongoing indirect supervision of the Coordinator through the County • Managers Office or the Managers designee by: o Approving an annual workplan based on the goals of the 10 Year Plan o Reviewing the workplan with the Coordinator on a quarterly basis ® Ensure that the funding for the Coordinator position, benefits and operating expenses are secured for the Coordinator on an annual basis ® Operate its program on a fiscal year basis. • o Report, at least annually, to the elected bodies of all the municipalities in Orange County about the progress of the plan. • Orange County will: • Provide office space and supplies • Provide the Executive Team with the appropriate human resources technical assistance necessary to ensure that the Coordinator is treated like any other County Employee. • Complete the six month probationary evaluation and annual performance evaluations thereafter that are based on the workplan outlined by the Executive Team • Provide an annual appointment from the elected governing body of Orange County to the Executive Team. • Assist with the annual implementation efforts. Orange County will not: • Be required or expected to continue funding the position,should the funding not be available through the partners. • • Require the Coordinator to perform work on goals that are not in the workplan for • the Ten Year Plan to End Chronic Homelessness. The Towns of Chapel Hill,Carrboro, and Hillsborough will: • Continue to support Orange County's 10 Year Plan to End Chronic Homelessness • Provide an annual appointment from the elected governing body to participate on the Executive Team • Continue to provide staff support to the working group. • Assist with the annual implementation efforts. This Memorandum of Agreement will remain in effect until either party notifies the other in writing within a 60 day period. • [SIGNATURES ON THE NEXT PAGES] • 2 • • ORANGE COUNTY, NORTH CAROLINA • Barry Jacobs, ilk ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I,the undersigned Notar Public of the County and State aforesaid, do hereby certify that personally came before me this day and acknowledged LJ 'rat she is the Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal this clay of net re It ,2008. is Notary Pu (Notary Seal) �j My commission expires: /D /5 -U / • • • 3 • TOW I . CHA' 4 HILL,N.C. 'c1 �f +•gyp p G • 4!').,1*L. andl Town Manager ATTE . own Clerk NORTH CAROLINA ORANGE COUNTY I, tIlso ndersigne Notary Public of the County and State aforesaid, do hereby certify that. . _/y personally came before me this day and acknowledged that she is the Clerk for the Town of Chapel hill, 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 Manager of the Town of Chapel Hill,NC and attested by her as Town Clerk for the Town of Chapel Hill,NC. ouluttrio ' Witness my h i A i"reef Y�s�amp or seal,this �/ d of J/' ,2008. • +cTAgy 0 ; puato Notary Public . (Notary Seal) 'rul�lutl My Commission expires: /a ` "09 • 5 B • � � n �r `'`e,. .�p � WN OF CARRBORO,N.C. ?0 ;73 i!, k . ...%, clailli f.I�u Mark Chilton, Mayor ,.. .. i'y c. t 7-' ., . ,..-Czkii [2...... qv,,!,',, e Ct/tik i ' f ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that 64100 W 1U4MiSe 4 , 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. Witness my hand and official stamp or seal this "I day of API L ,2008. aulte40 ( 1"41^^^ . Notary Public (Notary Seal) ANDREW CUMMINGS My commission expires: 'A 1./m. Notary Public,North Caroline Durham County My Commission Expires September 23,2012 1 • • • 5 . I 0 : TOWN OF HILLSBOROUGH,NC s/i yr . l Y� Tom Stevens,MIyor- A."? y�I� sir/ I •T"TEST ' STATE OF NORTH CAROLINA ORANGE COUNTY ', le underlijgne�l Notary Public of the County and State aforesaid, do hereby certify that Jl't7lYICt 4' fre'rni9&$ref, personally came before me this day and acknowledged that he/she is the Town Clerk for the Town of Hillsborough, 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 Hillsborough, NC and attested by her as Town Clerk for the Town of Hillsborough,NC. V Witnesstivy hand and official stamp or seal this 1 'day of I tIr 1 ,2008. N. ary Public Julie g- 2t9CN s NOT ARY lotin,S ?U 5. 3-9 �-), ,7 noc X115 �,,ckpires: /I/4,000 g • • • • . 6 • • • Attachment 6 Position Specification for Homelessness Program Coordinator JOB TITLE: Homelessness Program Coordinator DEPARTMENT: Housing and Community Development,Orange County JOB SUMMARY: This position is responsible for providing staff support and leading an effort to develop a comprehensive approach to end homelessness in the County,working closely with the Partnership to End Homelessness Executive Committee. MAJOR DUTIES: o Develop an overall approach for implementation of the ten-year plan that focuses on Orange County's priority of targeting the chronically homeless by moving them into Housing First and ensuring they have the services necessary to maintain housing. o Identify strategic priorities to be undertaken each year by convening the natural partners associated with each outcome of the plan. o Complete an assessment of potential financial resources, including both public and private resources,for the 10 Year Plan. o Develop a comprehensive understanding of Housing First,and build the necessary infrastructure to create Housing First Units targeting the chronically homeless as soon as possible. o Facilitate the regular bimonthly meetings and the annual preparation of the Continuum of Care application,along with applying for other potential grants that would generate revenue for the plan. o Provide staff support to the Ten Year Plan Executive Team and Working Group to include noticing meetings,assist in agenda planning,and record meeting summaries. o Design and execute both an operational and capital budget necessary to achieve annual priorities o Create the capacity and/or incentives for housing developers to rehabilitate and build housing for the targeted population o Immediately begin working with the natural community partners to build an assertive street outreach component designed to engage the chronically homeless and enroll them into services and housing o Increase participation in the Homeless Management Information System in order to provide accurate and timely data about the homeless population and the success of the 10 Year Plan o Conduct annual evaluations of the program and make recommendations to the Partnership for changes 14- Homelessness Program Coordinator Paget o Implement a public education campaign to increase understanding of and participation in the program throughout Orange County o Performs other related duties as assigned. KNOWLEDGE REQUIRED BY THE POSITION: o Knowledge of the issue of homelessness,specifically with the implementation of strategies,such as assertive street outreach and Housing First for those who are Chronically Homeless. o Knowledge of public policy,community outreach and community education o. Knowledge of potential funding streams for dealing with homelessness issues. O Knowledge of the Continuum of Care application process o Knowledge of housing and real estate principles and practices o Ability to interpret federal regulations. o Ability to prepare written reports, letters,and memorandum. o Ability to research program related issues. o Ability to multi-task and meet multiple deadlines. o Ability to establish and maintain productive working relationships with internal and external partners such as the local HUD office,the Orange County Board of Commissioners; and citizens. o Demonstrate energy,insight,initiative,and a deeply-held dedication to the goal of ending homelessness; o Exceptional written and oral communication skills including grant-writing skills o Problem-solving and analytical skills o Highly motivated self-starter requiring minimal supervision o Strong program direction and project management skills o Highly proficient in the use of computer systems, including Word,Excel, Outlook,PowerPoint, etc.; familiarity with HTML and web design principles sufficient to maintain or oversee a dynamic,high-quality web presence for the Plan SUPERVISORY CONTROLS: The Manager assigns work in terms of very general instructions requiring the use of much judgment. Completed work is spot-checked for the nature and propriety of final results. m Homelessness Program Coordinator Page 3 GUIDELINES: Guidelines include HUD Regulations; State and Local Ordinances and Statues These guidelines require judgment,selection,and interpretation in application. COMPLEXITY: The work consists of varied project management,planning,technical, and program supervision duties. The need to interpret and apply laws and ordinances to many different situations and changing political priorities contribute to the complexity of the work. SCOPE AND EFFECT: The purpose of this position is to serve as project manager to provide broader direction of the Partnership Executive Committee to serve all constituent members of the Partnership. This will require the ability to balance the goals and objectives of the plan with the assembled Executive Team member philosophies. Successful performance helps provide mechanisms to address problems leading to or affecting homelessness. PERSONAL CONTACTS: Elected Officials,Agency Executive Directors and agency staff,Legal Services,Accountants,Planners,Federal/State employees,disabled,elderly,and homeless individuals and families; and the working poor. PURPOSE OF CONTACTS: Contacts are typically to give or exchange information;to resolve problems;to provide services;to motivate, influence, or interrogate persons; or to justify,defend, negotiate or settle matters, PHYSICAL DEMANDS: The work is typically performed while sitting, standing,walking,or stooping, but requires driving and use of standard office equipment. WORK ENVIRONMENT: The work is typically performed in an office and occasionally outdoors. The employee may be exposed to inclement weather. SUPERVISORY AND MANAGEMENT RESPONSIBILITY: This position does not directly supervise staff but works closely with a variety of employees in other departments and agencies. MINIMUM QUALIFICATIONS: o Knowledge and level of competency commonly associated with the completion of a Master's degree in a course of study related to the occupational field(Social Work,Public Administration, Planning,Public Health,or related field) o Three to 5 years of work experience in human services planning and implementation; managing programs related to homelessness is highly desired o Possession of or ability to readily obtain a valid driver's license issued by the State of North Carolina for the type of vehicle or equipment operated. Salary Grade: 20 Hiring Range: $46,013 - $59,785 Yff - 34-71-2x() 4I1 AGREEMENT TO PROVIDE AN INTERIM HOMELESSNESS PROGRAM COORDINATER BETWEEN ORANGE COUNTY AND CHAPEL HILL This agreement between Orange County and the Town of Chapel Hill is entered into for the purpose of providing for an interim Homelessness Program Coordinator. Whereas, The Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Alderman, and Hillsborough Board of Commissioners have determined ending chronic homelessness is an important goal and has endorsed the Orange County 10 Year Plan to End Chronic Homelessness; and Whereas, each governmental partner has agreed to provide financial resources for a Homelessness Program Coordinator to provide staff support and lead the effort to develop a comprehensive approach to end homelessness in Orange County and each has signed onto a Memorandum of Understanding endorsing their support which is hereby incorporated by reference and attached hereto (Attachment A); and Whereas, the Plan specifies the hiring of a_Homelessness Program Coordinator whose responsibilities and duties are outlined in tachment B, "Position Specifications for Homelessness Program Coordinator,"and Whereas, the Memorandum of Understanding provides the Homelessness Program Coordinator be housed and employed by Orange County Government; and Whereas, currently there is a vacancy in the position of Homelessness Program Coordinator and ongoing staff support is needed for the Executive Team and to support the purpose of the Orange County Ten Year Plan to End Chronic Homelessness; and Whereas, the Town of Chapel Hill currently employs staff, who with the financial resources provided by the government partners identified above, can provide interim staff support to the Plan in accordance with the attached Position Specifications; NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter set forth, Orange County and the Town of Chapel Hill agree as follows: 1. The Town of Chapel Hill agrees: a. To use funds not to exceed $40,000 for the purpose of supporting an interim Homelessness Program Coordinator for thirty (30) hours per week for the six months. b. To submit an invoice to Orange County on a monthly basis specifying the personnel costs for the Homelessness Program Coordinator for the specified period. Interim Homelessness Program Coordinator Agreement Page 1 of 4 c. To provide, the equivalent of.75 Full Time Equivalent (FTE) personnel (30 hours per week) to carry out the interim Homelessness Program Coordinator described in the Position Specification for the Homelessness Program Coordinator. (See Attachment B) The Homelessness Program Coordinator will report activities performed to the County Manager or her designee. d. Chapel Hill shall, concurrent with execution of this Agreement, designate the name of the Homelessness Program Coordinator identified in this Agreement ("Designated Employee"). Orange County and Chapel Hill will mutually agree to the designation of the Designated Employee. Any changes to the designation will be mutually agreed to by the Orange County and Chapel Hill. In the event the Designated Employee becomes unwilling or unable to perform the duties required by this Agreement, this Agreement shall terminate and any payment due as of the date of termination shall be paid as provided in paragraph 5 of this Agreement. e. Chapel Hill shall in the event of termination of the Designated Employee,whether voluntary or involuntary, inform the County in advance of termination and provide the date of termination. 2. Orange County agrees: a. To provide funds from the joint finances provided by members of the Partnership to End Homelessness, not to exceed $40,000 to the Town of Chapel Hill for the purpose of supporting an interim Homelessness Program Coordinator for thirty (30)hours per week for six months. b. The funds will be paid monthly by the County upon the submission of an invoice by the Town specifying the monthly personnel costs. The County shall pay the Town within thirty (30) days of receipt of the Town's invoice. Any adjustments to the invoice shall be taken into account in the next succeeding invoice or as soon thereafter as practical. c. Orange County will use the Designated employee as the interim Homelessness Program Coordinator in accordance with the Memorandum of Understanding and the Position Specifications for Homelessness Program Coordinator (See Attachment A and B) d. The Orange County Manager or her designee will cooperate with the Town in any personnel action initiated and conducted by the Town for or against the Designated employee and coordinate the implementation of this Agreement and the work of the interim Homelessness Program Coordinator. e. The County shall furnish all supplies, equipment, office space and computer as needed by the Homelessness Program Coordinator; to include any conferences or meetings necessary to appropriately carryout the duties of the position within budgetary constraints. Interim Homelessness Program Coordinator Agreement Page 2 of 4 3. Term. This contract shall be in effect for the period March 24, 2009 until September 17, 2009. 4. The interim Homelessness Program Coordinator shall provide a total of thirty (30) hours per week of services. Days and times of service shall be mutually agreed upon by the County and Chapel Hill. The County and Chapel Hill will mutually agree upon a method of reporting vacations, sick leave and other absences. 5. Termination. This Agreement may be terminated at anytime without penalty by either party provided the Agreement is terminated either: a. Upon failure of the parties to agree on a replacement. b. Upon delivery of written notice of termination furnished to the other party at least 30 days (30)prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 6. OSHA Compliance. Orange County controls the facilities where the Homelessness Coordinator works. It is agreed Orange County is primarily responsible for compliance with the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the extent those laws apply to the Homelessness Program Coordinator. 7. Workers Compensation. The Town of Chapel Hill shall provide workers' compensation for the Designated Employee. The parties agree to immediately notify each other of any injury or accident or any claim for workers' compensation benefits involving the Designated Employee. 8. EEO Compliance. The Homelessness Program Coordinator is an employee of Chapel Hill and is covered by all applicable federal and state laws with all rights and privileges provided to them by law. Orange County and Chapel Hill affirm that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. Both parties agree to comply with Title VI and Title VII of the Civil rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and its amendments, and any other applicable Civil Rights laws and requirements imposed by state and federal regulations, rules, and guidelines issued pursuant to these titles or other laws for both personnel employed and individuals served. In the event of any complaint of unlawful discrimination, harassment, or retaliation by the Designated Employee, Orange County and Chapel Hill agree to cooperate in the prompt investigation and resolution of such complaint. 9. Independent Contractor. The services which Chapel Hill shall render under this Agreement shall be as an independent contractor with respect to Orange County. Interim Homelessness Program Coordinator Agreement Page 3 of 4 Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Chapel Hill, the Designated Employee and Orange County. 10. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of the Orange County within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by a lending of the credit of Orange County within the meaning of the Constitution of the State of North Carolina. This Agreement shall and does not directly or indirectly or contingently obligate the Orange County to make any payments beyond those appropriated in the sole discretion of Orange County for any fiscal year in which this Agreement shall be in effect. No deficiency judgment may be rendered against Orange County in any action for breach of a contractual obligation under this Agreement and the taxing power of Orange County is not and may not be pledged directly or indirectly or contingently to secure any monies due under this Agreement. 11. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 12. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BE LF OF FOR AND ON BEHALF OF THE (iTNTY OF RANGE •WN Oy.= ► Valerie P. Foushee, Chair A oeyr L ',� t,T k Orange County Board of County Commissioners Printed Name Town o Chapel Hill ti-21'bq _/S—.o Date Date "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." 21-6? G. ' ` I hreys, Director Date Orange aunty Financial Services Interim Homelessness Program Coordinator Agreement Page 4 of 4