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HomeMy WebLinkAbout2014-447 Finance - Orange Congregations in Mission - Outside Agency Performance Agreement $41,000 2014-15 OUTSIDE AGENCY PERFORMANCE AGREEMENT THIS AGREEMENT,made and entered into the first day of July 2014,("Effective Date")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 Orange Congregations in Mission, a not-for-profit corporation,located at 300 Millstone Drive,Hillsborough,NC 27278("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 Orange Congregations in Mission agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1, 2014 to June 30,2015. 2. Scope of Services. a. Provider will 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"A"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 Exhibit A, Scope of Services and more particularly described in the Program Budget, the maximum sum of$41,000. b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not used for the purposes stated shall be returned to the County. Any 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 Provider shall be paid in four equal installments in the amount of$10,250. The first payment is contingent upon receipt of the agency's performance agreement; the remaining payments are contingent upon receipt of the request for reimbursement and related supporting documentation. d. The County's obligation to make the three quarterly payments is contingent upon receipt of Progress Reports, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Scope of Services. e. Once Provider has satisfied its obligations as provided in (d) payment will be made 21 days after receipt of the Progress Report and Request for Reimbursement or 21 days after due date of 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 Orange County a Progress Report that includes a fiscal report and updates on 2014-15 performance measures as outlined in the Scope of Services. Progress Report dates are: July 1 — December 31; January 1 — March 31 and April 1 - June 30. Reports are due on January 9,April 15, and July 10 of the program fiscal year. b. 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 "defaul("), 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: 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 ten (10)business days from written notice of default. The County may (but shall not be required to) grant the (Orange Congregations in Mission) n__.,._.,i-..,._..,n.....:.1.. .._.._.,_. n.._r.._.........,, �.__...._...... n,..... � _.rte 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: 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 Worker's Compensation Limits for Coverage A -Statutory State NC&Coverage B-Employers Liability $500,000 each accident,disease policy limit and disease each employee a 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 (grange Congregations in Mission) n-,,.....,r`...._..,n.....:.i., e._...,,,., n„_r..-.,.......... a.._......_..... n..._.. a ..rte c. All insurance policies(with the exception of Worker's 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. 7. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have 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 attorney's fees)arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of the Provider, except to the extent same are caused by the negligence or 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. (Orange Congregations in Mission) n__.,._.,r..,._ ,n....:... ._.._. n.._r.._ . .. .. �.._.... ...... n ._.. 4 -r7 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 $12.76 per hour. To the extent possible,Orange County recommends that Orange Congregations in Mission provide a living wage to its employees. 15. Notice. The Panics 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 andlor 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: Finance&Administrative Services Provider:Orange Congregations in Mission Orange County 300 Millstone Drive Post Office Box 8181 Hillsborough,NC 27278 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 right 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] (Orange Congregations in Mission) n..,.._....r...._�.n.....:. .. e...._.,., n.._s:._...,....... e.._...,....,... n,.._., s ..rte IN WITNESS WHEREOF,the Orange County and the Provider have signed this Agreement,effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of the Provide Si�gnaturc Date S, Fr<-fl4rtl rinl�_-ted Name For and o behalf of Orange County Government Bonnie liammersley,County ger Date Appro a as t o and legal sufficiency !� Offi1cV of the C unty Attorney Dat Approved as to technical content This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Cj �, W-- 91b 4- Clarence Grier, Assistant County Manager/ Date Chief Financial Officer (Orange Congregations in Mission) EXHIBIT"A" Scope of Services—FY 2014- 15 Outside Agency Performance Agreement Agency Name: (range Congregatins In Mission Program Name: Samaritan Relief Ministry/Meals On Wheels Funding Award: $41,0000 Outline how the agency will spend Orange County's funding award. Expense Description Amount Wages for program manager $3,500 Rent&Utility assistance for clients $8,500 Samaritan Relief Ministry pantry food purchases $13,000 Meals on Wheels meal purchase $16,000 Program Services For assistance with this or the following section, please reference the Exhibit A instructions and example, located within the contract and reporting memorandum. Outline the major activities the agency will employ to attain the Anticipated Outcomes below,by June 30,2015. • Emergency financial assistance for households facing eviction and utility shut-off • A week of groceries,six times a year for individuals facing hunger • Home-delivered meal,five days a week to frail,home-bound recipients Anticipated Outcomes The Anticipated Results column must include quantifiable results in the form of number of persons/units served within Orange County, only(all Towns and municipalities). If you use percentages, you must also provide the total number of participants within that measure's description or for an earlier performance measure. Performance Measures Anticipated Results Qualified households receiving financial assistance for rent and utilities 113 Percentage of qualified individuals receiving groceries from the food pantry 100 Number of meals delivered to Meals on Wheels recipients 4,923 Certified by: Title: -v' Date: rnvirlPr'c Cinnafiirnl OP ID: DJ A�co�R° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY)F 08/15/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 919-913-1144 CONTACT High&Rubish Insurance Agency PHONE FAX P.O.Box 3040 919-913-1155 A/C NE E,d: A/C No): 6015 Farrington Rd.Ste 101 ADDRESS: Chapel Hill,NC 27517 PRODUCER Jeffrey A.Rubish CUSTOMER ID#:OCIM--1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Orange Congregations In INSURER A:Hartford Insurance Company 10677 Missions, Inc. -INSURER B: 300 Millstone Drive Hillsborough, NC 27278 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYpE OF INSURANCE DDL POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY EBP0069499 10115/13 10/15/14 PREMISES Ea occurrence $ 300,00 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY 7 PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Grant CERTIFICATE HOLDER CANCELLATION ORANG-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ORANGE COUNTY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN OR OR Millstone Dr ACCORDANCE WITH THE POLICY PROVISIONS. 300 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE 0- ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 60 (Policy Provisions: WC 00 00 00 B) 63 BV INFORMATION PAGE WEC WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: HARTFORD UNDERWRITERS INSURANCE COMPANY ONE HARTFORD PLAZA, HARTFORD, CONNECTICUT 06155 NCCI Company Number: 10456 THE Company Code: 6 HARTFORD N co O Suffix LARS RENEWAL POLICY NUMBER: 122 WEC BV6360� 20 °o Previous Policy Number: 122 WEC BV6360 w M HOUSING CODE: SA 1. Named Insured and Mailing Address: ORANGE CONGREGATIONS IN MISSION, Nro (No., Street,Town,State,Zip Code) INC. N O O 300 MILLSTONE DR rn FEIN Number: 580058650 HILLSBOROUGH, NC 27278 State Identification Number(s): The Named Insured is: CORPORATION Business of Named Insured: THRIFT STORE - NON-PROFIT Other workplaces not shown above: 300 MILLSTONE DR. HILLSBOROUGH NC 27278 2. Policy Period: From 08/18/14 To 08/18/15 12:01 a.m., Standard time at the insured's mailing address. Producer's Name: HIGH & RUBISH INSURANCE AGENCY _ PO BOX 3040 CHAPEL HILL, NC 27515 Producer's Code: 270281 Issuing Office: THE HARTFORD 8711 UNIVERSITY EAST DRIVE CHARLOTTE NC 28213 _ (877) 853-2582 Total Estimated Annual Premium: $2,243 Deposit Premium: Policy Minimum Premium: $696 NC —' Audit Period: ANNUAL Installment Term: The policy is not binding unless countersigned by our authorized representative. Countersigned byc Authorized Repres ntative Date Form WC 00 00 01 A (1) Printed in U.S.A. Page 1 (Continued on next page) Process Date: 06/14/14 Policy Expiration Date; 08/18/15 ORIGINAL ' INFORMATION PAGE (Continued) Policy Number:� 22 wEc Bv6360 ~� ' . \ 3.A. Workers Compensation Insurance: Part one of the policy applies k`the Workers CnmPenxaUonLawn^1ha states listed here:mc � B. Employers Liability Insurance: Part Two of the policy applies m work in each state listed in Item aA � The limits nf our liability under Part Two are: Bodily injury hyAccident $100'000 each accident Bodily injury uyDisease $500,000 policy limit Bodily injury byDisease $zOo'Uoo each employee C. Other States Insurance: Part Three o{the policy applies to the states, i/any . listed here: ALL STATES EXCEPT ND, OH, WA, WY, AND sruzEs DESIGNATED IN ITEM ].A. OF THE INFORMATION PAGE. D. This policy includes these endorsements and schedule: wc UO 01 14 WC OO 03 08 wc 00 04 21c wo OV Oo 22a wc 99 O] O%B WC OO 04 14 wc OO 04 19 WC 32 O] Ozc 4. The premium for this policy will be determined by our Manuals of Rules,Classifications, Rates and Rating Plans. All information i d below.is Premium Basis Classifications Total Estimated Rates Per Estimated Code Number and Annual $100 of Annual Description Remuneration Remuneration Premium 8008 90,900 2.23 2,027 STORE: CLOTHING, WEARING APPAREL OR DRY GOODS - RETAIL 8810 219,200 .25 548 CLERICAL OFFICE EMPLOYEES NOC NC - SCHEDULE MODIFICATION (0.750) (960) -644 PREMIUM ADJUSTED BY SCHEDULE MODIFICATION 1,931 TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 1,931 EXPENSE CONSTANT (0900) 250 TERRORISM (9740) 310,100 .010 31 CATASTROPHE (9741) 310,100 .010 31 TOTAL ESTIMATED ANNUAL PREMIUM 2,243 Total Estimated Annual Premium: $2,243 Deposit Premium: Policy Minimum Premium: $696 NC Interstate/intrastate Identification Number: Labor Contractors Policy Number: SIC: 5331 ProcessDate: 06/14/14' Policy Expiration Date: 08/18/15