HomeMy WebLinkAbout2012-307 Co Manager - Club Nova Outside Agence $75,000 2012-13 OUTSIDE AGENCY PERFORMANCE AGREEMENT
This Agreement, made and entered into the first day of July 2012, by and between the
County of Orange, a political subdivision of the State of-North Carolina, 200 South
Cameron Street,Hillsborough,North Carolina,27278, ('County") and Club Nova,a not-for-
profit corporation, located at 103 D West Main Street,Caffboro,NC,27510 ("Provider'�
WITNESSETH:
WHEREAS,it is in the interests of the County that said program be assisted by the County
and thereby enhance its availability to residents of the County, and said program addresses
an important community human services need,as identified by the Board of Commissioners;
NOW, THEREFORE, in consideration of the above and the mutual covenants and
conditions hereafter set forth,the County and Club Nova agree as follows:
1. Term of the Agreement The term of this Agreement shall be a program year
beginning July 1,2012 to June 30,2013.
2. Scope of Services.
a. Provider wilt provide services, as outlined in the attached Outside Agency
Funding Application Scope of Services and any amendments or revision
thereto which is attached as Exhibit "B" and 'incorporated by reference, to
the residents of Orange County. The Scope of Services may be different
from the original application based on County appropriation; however, any
revisions or amendments to this Agreement must be approved in writing by
the County and attached to this Agreement.
b. The Provider shall be solely responsible for the means,methods, techniques,
sequence, safety program and procedures necessary to properly and fully
complete the work set forth in the Scope of Services.
3. Funding.
a. The County agrees to appropriate for the provision of services described in
Attachment B, Scope of Services and more particularly described in the
Program Budget,the maximum sum of$75,000.
b. All funds appropriated shall be used for purposes described in Attachment B.
Any funds not used for the purposes stated shall be returned to the County.
Any substantive changes in the use of funds must be authorized in writing by
the County prior to any expenditure of the funds by the Provider. If the
funds are expended not in accordance with the Scope of Services, at the
discretion of the County the Provider may be required to repay the funds to
the County.
c. The County's obligation to make each payment is contingent upon receipt of
Quarterly Progress Reports and satisfactory progress toward completion of
performance measures and accounting of expenditures as detailed in the
attached Scope of Services.
d. The Provider shall be paid in four equal installments in the amount of
$18,750, contingent upon receipt of the quarterly request for reimbursement
and related supporting documentation. The first installment shall be paid no
later than August 31 of the Program year and after execution of this Outside
Agency Performance Agreement by both the County and the Provider; the
remaining installments shall be disbursed on October 15, January 15 and
April 15 of the program year and upon satisfactory completion of(c) and the
information included in this paragraph.
e. Once Provider has satisfied its obligations as provided in (c) and (d) above,
payment will be made 30 days after receipt of the Quarterly Progress Report
and Request for Reimbursement or 30 days after due date of Quarterly
Progress Report whichever is later.
f. The County is not obligated to provide any other support to Provider in this
or in succeeding fiscal years.
4. Agency Reporting.
a. Provider will provide the Orange County a quarterly report that includes a
fiscal report, updates on 2012-13 performance measures and objectives as
provided in Scope of Services. Quarterly Progress Report dates are:July 1 —
September 15, September 16—December 15; December 16 —March 15 and
March 16 -June 30. Quarterly reports are due on October 1, December 31,
April 1 and July 31 of the program year.
b. Reports shall be forwarded to the Orange County Manager's Office.
c. Provider agrees to allow the County to inspect its financial books and
records, which document costs of those services, upon reasonable notice
during normal working hours.
5. Termination.
a. In the event of any of the circumstances set forth below (hereinafter referred
to as "default"), the County may immediately terminate this Agreement, in
whole or in part, and from time to time. Notice of termination must be in
writing, state the reason or reasons for the termination, and specify the
effective date of the termination:
Club Nova
2012-13 Orange County OutndeAsgency Performance Agn ment
Page 2
i. In the event that Provider shall cease to exist as an organization or
shall enter bankruptcy proceedings,be declared insolvent, or liquidate
all or substantially all of its assets, or significantly reduce its services
or accessibility to Orange County residents during the term of this
Agreement;or
ii. In the event that Provider shall fail to render a satisfactory
accounting as provided section 4 above, the County may terminate
this Agreement and Provider shall return all payments already made
to it by the County for services which have not been provided or for
which no satisfactory accounting has been rendered;or
iii. In the event of any fraudulent representation by the Provider in an
invoice or other verification required to obtain payment under this
Agreement or other dishonesty on a material matter relating to the
performance of services under this Agreement.
iv. Nonperformance,incomplete service or performance,or failure to
satisfactorily perform any part of the work identified in the Scope of
Services or to comply with any provision of this Agreement,as
determined by the County in its sole discretion.
v. Failure to adhere to the terms of applicable county,state or federal
laws,regulations,or stated public policy.
b. In the event of default by the Provider,the county may elect to terminate this
Agreement, in whole or in part and/or require the Provider to repay the
funds within seven (7) from written notice of default. The County may (but
shall not be required to) grant the Provider an opportunity to cure the default
without termination of this Agreement. This clause shall not be interpreted
to limit the County's remedies in law or in equity.
c. Notwithstanding the foregoing, either party may terminate the agreement at
any time without penalty;provided that written notice of such termination is
furnished to the other party at least 30 days prior to termination. In the
event of such termination, any payment due shall be prorated to the date of
termination and any unused funds shall be returned to the County within 10
days of termination.
d. Any termination of this Agreement for default under this section that is later
deemed to be unjustified shall be deemed a termination for convenience.
6. Insurance.
a. General Requirements. the Provider shall purchase and maintain,during the
period of performance of this Agreement,insurance:
Club Nova
2012-13 Orange County Outride Agency Performance Ag rement
Page 3
i. Worker's Compensation. For protection from claims under workers'
or workmen's compensation acts;
ii. Comprehensive General Liability Insurance covering claims arising
out of or relating to bodily injury,including bodily injury, sickness,
disease or death of any of the Consultant's employees or any other
person and to real and personal property including loss of use
resulting thereof;
iii. Comprehensive Automobile Liability Insurance,including hired and
non-owned vehicles,if any,covering personal injury or death,and
property damage;and
iv. Professional Liability Insurance,covering personal injury,bodily
injury and property damage and claims arising out of or related to the
performance under this Agreement by the Consultant or his agents,
consultants and employees.
b. Limits of Coverage: Minimum limits of insurance coverage shall be as
follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Workers Compensation Limits for Coverage A-Statutory State
NC & Coverage B - Employers Liability
$500,000 each accident,disease policy
limit and disease each employee
• Commercial General $1,000,000 Each Occurrence
Liability $2,000,000 Aggregate
• Automobile Liability $500,000 Combined Single Limit
• Professional Liability $1,000,000 Each Occurrence
$2,000,000 Aggregate
c. All insurance policies (with the exception of Workers Compensation and
Professional Liability) required under this Agreement shall name the County
as an additional insured party and as a certificate holder. Evidence of such
insurance and all correspondence shall be sent to:
Orange County Risk Manager
Post Office Box 8181
Hillsborough,NC 27278
d. Nothing in this section is intended to affect or abrogate the County's
sovereign immunity defenses.
Club Nova
2012-13 Orange County Outside Agency Performance Agreement
Page 4
7. Relationship of the Parties. Provider is an independent contractor of the County.
Provider represents that they has or will secure, at his own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not
be employees or have any contractual relationship with the County. All personnel
engaged in work under this Agreement shall be fully qualified and shall be authorized
and permitted under federal,state and local law to perform such services.
8. Compliance with all Laws. The Provider, at its sole expense, shall comply with all
laws,ordinances,orders and regulations of the federal,state or local governments, as
well as their respective departments, commissions, boards, and officers,which are in
effect at the time of execution of this Agreement or are adopted at any time
following execution of this agreement.
9. Subcontract. The County and Provider deem the services provided under this
Agreement to be personal in nature and Provider may not subcontract any rights or
duties under this Agreement to any other party without prior written consent from
the County.
10. Assignment. The Provider shall not assign this Agreement, including the rights to
payment,to any other party without the prior written consent of the County.
11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the
County, for all loss,liability, claims or expense (including reasonable attorneys fees)
arising from bodily injury, including death or property damage, to any person or
persons caused in whole of in part by the negligence or willful misconduct of the
Provider, except to the extent same are caused by the negligence of willful
misconduct of the County. It is the intent of this section to require Provider to
indemnify the County to the extent permitted under North Carolina law. Nothing in
this section is intended to affect or abrogate the County's sovereign immunity
defenses.
12. Non-Appropriation. This Agreement is subject to the availability of funds to
purchase the specified services and may be terminated at any time if such funds
become unavailable.
13. Non-Discrimination. Provider agrees as part of consideration of the granting of
funds by Orange County the parties hereto for themselves, their agents, officials,
employees and servants agree not to discriminate in any manner of these basis of
race, color,gender,national origin, age,handicap,religion,sexual orientation, familial
status or veterans status with reference to any activities carried out by the grantee,no
matter how remote. The parties hereto further agree in all respects to conform to
the provision and intent of Orange County Civil Rights Ordinance, as amended.
This provision is enforced by action for specific performance, injunctive relief, or
other remedy as by law provided;this provision shall be binding on the grantees, the
successors and assigns of the parties hereto with reference to the above subject
manner.
Club Nova
2012-13 Orange County Omt5ide A
geng Pelkmanee Agmement
Page 5
14. Living Wage. Orange County is committed to providing its employees with a living
wage and encourages agencies if funds to pursue the same goal. The County's living
wage is $10.97 per hour. To the extent possible, Orange County recommends that
Club Nova provide a living wage to its employees.
15. Notice. The Parties hereto agree and understand that written notice, mailed or
delivered, to the last known address shall constitute sufficient notice to the County
and the Provider. All notices required and/or made pursuant to this Agreement to
be given to the County and the Provides shall be in writing and mailed to the party
addressed as follows:
County:County Manager's Office Provider.Club Nova
Orange County 103 D West Main Street
Post Office Box 8181 Carrboro,NC 27510
Hillsborough,NC 27278
16. Entire Agreement. This Agreement, including any referenced attachments,
constitutes the entire Agreement between the parties and shall supersede, replace or
nullify any and all prior Agreements of understandings;written or oral,relating to the
matters set forth herein, and any such prior Agreements or understandings shall have
no force or affect whatsoever on this Agreement. The County and Provider have
read this Agreement and agree to be bound by all of its terms,and further agree that
this Agreement constitutes the complete and exclusive statement of the Agreement
between the County and Provider.
17. Severability. All clauses found herein shall act independently of each other. If a
clause is found to be illegal or unenforceable, it shall have no effect on the other
provisions of this Agreement. It is understood by the parties hereto that if any part,
term or provision of this Agreement is by the Courts held to be illegal or in conflict
with any laws of the State of North Carolina or the United States,the validity of the
remaining portions or provisions shall not be affected,and the rights and obligations
of the parties shall be construed and enforced as if the Agreement did not contain
the particular part,term or provision held to be invalid.
18. Governing Law. The laws of the State of North Carolina shall govern all aspects of
this Agreement In the event that it is necessary for either party to initiate legal
action regarding this Agreement, venue shall lie in Orange County, North Carolina.
The parties hereby waive their fight to trial by jury in any action,proceeding or claim,
arising out of this Agreement,which may be brought by either of the parties.
[SIGNATURES ON FOLLOWING PAGE]
Club Noma
2012-13 Orange Co-no Outjide Ageng Performance Agreement
Page 6
IN WITNESS WHEREOF,the Orange County and the Provider have signed this
Agreement,effective on the last date this Agreement is signed by bath parties as indicated by
the dates set forth under signatures below.
For and on behalfof the Provider
.Insert antes Date
For and on behalf of Orange County Government
f (2
Bernadette Pelissier,Chair Date
A 7,,-', -- 8 �ZA2- -
Donna' iYaker,Clerk Date
Approved as to al Lontent,
Gwt7ey,AssisAmACkiy ager Date
App ed farm and legal sufficiency
'2 ILI IL
Ann ekte M. Moore, Staff Attorney Date
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act
d a+� A Av— � �� �z
Clarence Grier,Assistant County Manager–CFO Date
Club Nova
2012-13 Orange Coup*Om4fide A
,gengl Performance Agreement
,greement
Page 7
ATTACHMENT "A"
Orange County Certifications—2012-13
Outside Agency Performance Agreement
Chief Contact,Administrators, Chief Executive Officer and Chief Financial Officer
I certify that I have provided a list of the chief contact,administrators,chief executive officer
and chief financial officer for my agency with this Agreement and that I will keep it current
to the County of Orange. The list should be in writing with the name,title,residential
address;phone and email address and if possible, fax number.
Officers and Board of Directors
I certify that I have provided a current list of the Officers and Board of Directors with this
Agreement and that we will continue to update the list as changes occur. The list should be
in writing,with the name,physical address,mailing address and if possible,phone,fax and
email address.
Budget Submission
I certify that I have provided a budget for the period to be covered by funding Orange
County,and that any substantive changes made to this budget have been in advance
authorized in writing by Orange County.
Annual Financial Review
I certify that I have provided a copy of the latest annual Financial Review for our agency and
the budget adopted by the agency for the fiscal years encompassing this Agreement. If not,
please explain on a separate sheet of paper.
Alignment with Organization's Mission
I certify that the programs and services for which this funding is requested align with the
mission of the organization.
Intended Purpose
I certify that the funds provided to the agency under the terms of this Agreement will be
used for a public purpose and shall only be used for the purposes intended and any money
not used for those purposes will be promptly returned to Orange County.
Transparency
I certify that board meetings are open to the public with the exception of closed session
meetings. Additionally,all financial records are available for public inspection by request
upon reasonable notice.
Certified t a �, u.N-amide: L %1-J Date: M- 1,-) c1J
Club Nova `
2012-13 Orange County Outside Agency Pegf manceAgmemerrt
Page 8
Exhibit B - Scope of Services-Fiscal Year 2012-13
Orange County Outside Agency Performance Agreement Certification
Funded Amount: $75,000
Agency: Club Nova Community,Inc.
Program
Program Goal 1:
Club Nova will maintain a high-quality transportation program so our members have the
opportunity to attend and engage in our programming and continue in the recovery
process.
ProgrAm Goal 2:
Club Nova will promote and provide opportunities for individuals with mental illness to
lead meaningful and productive lives of their choice in the community.We will continue to
assist members also served by Assertive Community Treatment Team (ACTT).*
Program Goal 3•
Club Nova will continue to support and assist its members who desire to return to paid
employment in the community.The Transitional and Supported Employment programs
will increase the number of placements available to members and the number of members
who work in the community. Club Nova will assist members in obtaining the education or
training they desire. Club Nova will match members with civic engagement and advocacy
opportunities.
Purpose
Mission: Club Nova provides opportunities for individuals with mental illness to lead
meaningful lives of their choice in the community.
Club Nova Community, Inc.works with adults with severe and persistent mental illness and
serves as a critical safety net for its members. Club Nova is a Clubhouse Model certified by
the International Center for Clubhouse Development(ICCD).The Clubhouse Model is
included in the Substance Abuse and Mental Health Services Administration registry for
Evidence-Based Practices.
Club Nova was established to meet the needs of persons living with severe and persistent
mental illness (SPMI) in Orange County with the understanding that recovery from SPMI
must involve the whole person in a vibrant and culturally-sensitive community.Since the
founding of the organization, Club Nova has continuously demonstrated that people with
severe and persistent mental illness can successfully live and work as active participants
within the community. Club Nova's success is rooted in its environment of support,
acceptance,and commitment to the potential contribution and success of each individual
regardless of the severity of his or her illness. Club Nova is a place where people belong as
contributing adults, in a manner that differs from the traditional mental health model
where they are viewed as patients who receive treatment.
Outcomes
Outcome Objective 1•
Transportation will continue to facilitate member attendance,participation, and enhance
the opportunity to engage in life in the larger community.A lack of access to transportation
will not be an obstacle to members to engage in Club Nova in the manner they choose.
Through access to the Clubhouse,members in Orange County will experience:
• Symptom stabilization
• Fewer or no hospitalizations
0 Increased social network and friends
• Reduced isolation
• Increased community engagement
• Increased advocacy skills
• Access to employment and educational opportunities in the area
Outcome Objective 2:
Members who are a part of the ACTT program typically experience the most disabling
effects of mental illness. ACTT members will experience the following through engagement
with Club Nova:
• Symptom stabilization
• Fewer or no hospitalizations
• Develop and maintain social network and friends
• Reduced isolation
• Increased community engagement
• Development of advocacy and self-advocacy skills
• Maintain stable housing that is safe,healthy,and affordable
• Experience reduced or no involvement with the criminal justice system
Outcome Objective 3,-.
Members of Club Nova will have access to the work-ordered day in the Clubhouse and
access to Supported Employment services and/or Transitional Employment settings.
These services will lead to the following outcomes:
• Increase in the number of members working or volunteering in the community
• Increase in member self-confidence and self-efficacy
• Reduced community stigma
• Increase in member civic engagement
• Increase in members gaining skills through education and returning to school
0 1 -
*Note
At this time, PBH has allowed Club Nova to authorize and bill some members who have
ACTT support services. Club Nova historically receives $40,000 from our Local
Management Entity COPC) and$25,000 from Orange County. At this time, our support from
PBH is unknown for the 2012-13 fiscal year in both supplemental funding and in billing
allowances. Unused ACTT funds from the Orange County grant,would be used to support
our Supportive Employment and Transitional Employment programs.
Program Budget
Attached
Certified by:Tracy Bethel, MPH, QP
Title: Associate Director of Administration
Date: 7/19/2012