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HomeMy WebLinkAbout2015-432-E Finance - Freedom House Recovery Center, Inc. - 2015-16 Outside Agency Performance Agreement $29,000 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 2015-16 OUTSIDE AGENCY PERFORMANCE AGREEMENT THIS AGREEMENT,made and entered into the first day of July 2015, ("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 Freedom House Recovery Center, Inc., a not-for- profit corporation,located at 104 New Stateside Drive, Chapel Hill,NC 27516 ("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 Freedom House Recovery Center, Inc. agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1, 2015 to June 30, 2016. 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 S 29,000. 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 $7,250. 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 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. (Freedom House Recovery Center,Inc.) Orange County Outside Agency Performance Agreement Page 1 of 7 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 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 2015-16 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 11, April 15, and July 8 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 "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: 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 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. (Freedom House Recovery Center,Inc) Orange County Outside Agency Performance Agreement Page 2 of 7 Rev. 6115 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 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 • 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 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 (Freedom House Recovery Center,Inc) Orange County Outside Agency Performance Agreement Page 3 of 7 Rev. 6115 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 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. 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 Freedom House Recovery Center, Inc.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 (Freedom House Recovery Center,Inc) Orange County Outside Agency Performance Agreement Page 4 of 7 Rev. 6115 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 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: Finance &Administrative Services Provider: Freedom House Recovery Center, Orange County Inc. Post Office Box 8181 104 New Stateside Drive Hillsborough,NC 27278 Chapel Hill,NC 27516 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. 19. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 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 an ogi,AVlf of the Provider 8/4/2015 BA5B219CD7"471... Signature Date Patricia E. Hussey Printed Name F s Whalf of Orange County Government jOV�,l�t tf �AaMw�t V S 8/13/2015 OG37994B�E477... Bonnie Hammersley, County Manager Date (Freedom House Recovery Center,Inc.) Orange County Outside Agency Performance Agreement Page 5 of 7 Rev. 6115 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 ATTACHMENT "A" Orange County Certifications—FY 2015-16 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. DocuSigned by: CEO 8/4/2015 Certified by.1RArPi91Qrn7Ar471 Title: Date: (Provider's Signature) (Freedom House Recovery Center,Inc.) Orange County Outside Agency Performance Agreement Page 7 of 7 Rev. 6115 DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 EXHIBIT"A" Scope of Services—FY 2015-16 Outside Agency Performance Agreement Agency Name: Freedom House Recovery Center,Inc. Program Name: Chapel Hill Facility Based Crisis And Detox Services And Alvis Women's And Men's Halway Houses In Chapel Hill Funding Award: $29,000 Outline how the agency will spend Orange County's funding award. Expense Description Amount Personnel-- Salaries $21,000 Personnel--FICA and Fringe $1,606 Travel/Mileage $800 Office Supplies $929 Program Supplies $4,665 Total $29,000 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 30,2016. • Freedom House Recovery Center promotes recovery and breaks the cycle of poverty, addiction and illness by providing the first step toward wellness and recovery for people in crisis in our Facility-Based Crisis and Detox Center in Chapel Hill and by providing long-term, residential care and treatment in our 22 bed halfway houses for men and women aged 18 and older in Chapel Hill. • Crisis & Detox Services: provide critical assessment and immediate treatment and planning services in strong response to the crises events in the lives of individuals suffering from mental illness and /or addiction with the goal of ensuring clients move to the appropriate next level of care,and diverting the number of referred clients from local emergency departments. • Chapel Hill Halfway Houses: provide long-term (3-6 months) recovery and community support services to men and women in need of addiction and recovery treatment in order to break the cycle of addicted behavior. We will collaborate with community stakeholders to identify referrals to maintain a high bed utilization rate and work with clients to develop a Personal Treatment Plan with the goal of self-sufficeny, including housing and employment, and sobriety. 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 Number of clients served in Facility-Based Crisis and Detox 2,050 Percentage of clients in Facility-Based Crisis and Detox who receive treatment and 100 discharge planning to appropriate ne le —aNV&d by: BA5B219C 54 Certified by: '' Title: Z ID Date: 1,3 l Provider's Signature) DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 Performance Measures Anticipated Results Percentage of referrred clients diverted from local hospital emergency rooms 88 Number of clients served in Halfway Houses 98 Utilization rate(%)of Halfway Houses 98 Percentage of clients who successfully graduate from program 79 Percentage of clients who secure housing upon discharge 60 Percentage of clients who find paid employment while in our programs 65 DocuSigned by: BA5B219CD785471..., Certifie itle: _ Date: 6� l (Provider's Signature DocuSign Envelope ID: 37D4F6F1-AC79-498E-8C6C-2FCA1 B5F95B6 DATE IMM/Dp1YYYY) 4�Imo® CERTIFICATE OF LIABILITY INSURANCE 6/18/2015 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). 'RODUCER CONTACT Ellen Walker NAME: Business Insurers of Carolinas ATONE Ext: (919) 968--4611 AIC No); (919)968-8991 BOO Eastowne Drive, Suite 208 A DD-MAIL ewalker @business-insurers.com ---- _..- PO Box 2536 INSURER(S)AFFORDING COVERAGE . - NAIC#. Chapel Hill. NC 27515-2536 INSURERA:Union Insurance Company __-.. 2.5644 _._ _......._.. _._.... .. . ._... _ .. NSURED INSURBRB:United Wisconsin Insurance Company 129157 Freedom House Recovery Center, Inc INSURER C; 104 New Stateside Drive NSURERD: INSURER E: Chapel hill NC 27516 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1561813089 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. JR TYPE OF INSURANCE ADDL SUBRr POLICY NUMBER MMIDIDIYYYYY MNUDDl1 YYY LIMITS X -COMMERCIAL GENERAL LIABILITY ! EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE �I'; OCCUR PREMISES(Ea occurrence)_ $ 1,000,000 X Professional Liability X CBA427860741 7/1/2015 7/1/2016 MED EXP(Any one person) $ 20,000 X Sexual & Physical Abuse PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 7 POLICY PRO ❑ LOG PRODUCTS-COMNOPAGO $ 3,000,000 JECT OTHER: Is AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ J 1000,000 j (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ALL OWNED SCHEDULEp X CPA427860741 7/1/2015 7/1/2016 BODILY IN (Per accident)'$ AUTOS NON,OVJNED PROPERTY DAMAGE Peraccident)._, $ F X HIRED AUTOS X AUTOS i j Medical payments $ 5,000 J UMBRELLALIAB EACH OCCURRENCE $ 1,000,000 OCCUR _ A X fl, EXCESSLIAB CLAIMS-MADE AGGREGATE $ 1,000,000 I_.. ---- -._ ....._. .... ....___.. DED I RETENTION$ CPA427860741 7/1/2015 7/1/2016 $ WORKERS COMPENSATION Excluded: Board Members X PER ;OTH- AND EMPLOYERS'LIABILITY STATUTE ER _ iOFFICER/MEMBER EXCLUDED? y NIA 500 000 ANY PROPRIETORIPARTNERIEXECUTIVE YIN E,L.EACH ACCIDENT B (Mandatoryin NH) --- 0400143254 5/16/2015 5/16/2016 E.L.DISEASE-EAEMPLOYEE,$ 500,000 dyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 500,000 A Employee Dishonesty ICPA427860741 7/1/2015 7/1/2016 $25,000 I i I � j DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Orange County is also an additional insured with respect to General Liability and Automobile Liability, required by written contract. Forms attached. CERTIFICATE HOLDER CANCELLATION achambers @orangecountync,g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Ellen Walker/ELLEN ��� ©1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD