HomeMy WebLinkAbout2017-150-E Health - Refugee Support Center - Outside Agency Performance Agreement DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
OUTSIDE AGENCY PERFORMANCE AGREEMENT
THIS AGREEMENT, made and entered into the fourth day of April 2017, ("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 Refugee Support Center, a not-for-profit
corporation, located at Carrboro Apartments Office Building, 401 NC Hwy. 54 Bypass, Carrboro, 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 Refugee Support Center agree as follows:
1. Term of the Agreement. The term of this Agreement shall be a program year beginning April 4,
2017 to June 30, 2018.
2. Scope of Services.
a. Provider will provide services, as outlined in the attached Funding Requests 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 and the Program
Budget may be different from the original request 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 as Exhibit B.
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 Revised Program Budget, the
maximum sum of$11,340.00.
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 one lump sum in the amount of $11,340.00. The payment is
contingent upon receipt of the agency's performance agreement.
d. The County is not obligated to provide any other support to Provider in this or in
succeeding fiscal years.
4. Agency Reporting.
Orange County Outside Agency Performance Agreement—Social Justice Funds
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a. Provider will provide Orange County a quarterly Progress Report that includes a fiscal
report and updates on 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.
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.
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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
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.
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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 and
the Orange County Anti-discrimination Policy. 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 $ 13.15 per
hour. To the extent possible, Orange County recommends that El Centro Hispano 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: Orange County Health Department Provider: Refugee Support Center
ATTN: Kimberlee Quatrone PO Box 1025
Post Office Box 8181 Carrboro,NC
Hillsborough,NC 27278 27510
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
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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.
a. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of
respective parties hereunder shall be governed by the laws of the State of North Carolina. By
executing this Agreement Provider affirms that Provider and any subcontractors of Provider are
and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and
has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer
pursuant to G.S. 147-86.58.
18. 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 1 1 A 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.
irr
Parkin9slibbehalf of the Provider
atda, baft-0404A, 4/25/2017
BD72F91B382B4C3
Flicka Bateman, Director Date
ialsm behalf of Orange County Government
fttl/UC- A'GUKW s(L 5/5/2017
Bonnie Hammersley, County Manager Date
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DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
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:
IJattotatt Director, Refugee Support C ter 4/25/2017
Certified by: Rn72F01RRR7R4c3 Title: Date:
(Provider's Signature)
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April 2017
DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
Exhibit "A"
Refugee Support Center: Orange County Funding Request,March 10,2017
Refugees coming to the United States face numerous challenges. Arriving in a new
country with the loss of support from extended family and established cultural networks,
they encounter significant obstacles.These include securing work and housing, accessing
health care, mastering public transit,raising children in an unfamiliar culture and
educational setting, and navigating the legal system. In addition, cultural and language
barriers permeate every aspect of their lives, as do their experiences of severe trauma and
struggle preceding and during the course of their flight. These barriers are met with a
fierce determination to improve their lives and those of their children. Nonetheless,
perseverance and resilience alone cannot offset all obstacles; and for many situations,
refugees need guidance and assistance.
The Refugee Support Center(R.SC),the 2016 recipient of the North Carolina Peace
Prize, is a 501 (c)3,volunteer-based organization established in 2012 to serve and
promote the self-sufficiency of over 1,100 refugees who now live in Orange County,
North Carolina.Refugees are assisted with resettlement in their frst three months by
resettlement agencies which have cooperative agreements with the Department of State to
provide reception and placement services to newly arrived refugees. After 90 days,these
agencies typically phase out their assistance to start working with other arrivals. It is
following this 90-day period that our services are most often sought after and then
accessed long term,
Services scheduled on an ongoing basis include citizenship and English language
instruction, as well as free lunch distribution to school age refugees during the summer.
However, most refugees come to RSC on an"as needed" basis for a variety of services
that include,but are not limited to:
■ accessing health care,social services and other community
resources;
a acquiring permanent residence(green cards),naturalization,
derivative citizenship and/or family reunification status;
a securing employment;
a navigating educational systems, including preschool,public school,
community college and adult education;
DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
• learning how to use mass transit or pass driver's license tests;
• understanding banking, acquiring loans and other aspects of
personal finances;
• understanding apartment living including leases,rules, appliances,
applying for public housing or home
• accessing attorneys, either pro bone or low costs,for citations,
divorce,custody, domestic violence, and home purchases;
• securing scholarships for their children to participate in enrichment
activities
• enrolling in our citizenship and English classes and/or our tutoring
program
The total number of refugees who came to RSC for these services and others was 975.
Since its inception., RSC has been housed in donated space in the clubroom of
Carolina Apartments. We are grateful for the generosity of the apartment complex
management but have been told that the arrangement must end within six weeks because
of their space needs. We welcome the opportunity to move into our own space because
the current situation limits the services we can offer. We seek funding to cover the rental
costs of a unit in.Carolina Apartments that will house the RSC. Carolina Apartments
management will continue to make their office equipment available to the RSC and is
donating office furniture for our new location. Maintaining our location in an area where
many refugees live and can get to us by foot or bus is a priority.
Having our own free standing Center will also enable us to:
= Expand our Pathway to citizenship program by providing on-site
citizenship preparation classes(history and civic literacy to pass the
naturalization test) and pre-citizenship English Language Learner
(ELL) classes in dedicated classroom space equipped with
instructional supplies and equipment. Our four citizenship classes are
currently held off-site; one had to be terminated due to lack of space
and ELL classes are conducted in refugees' homes.A second
component of this program enhanced by additional space will be our
immigration legal services. These include completing and tiling of
DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
•
naturalization,permanent residence(green card), derivative
citizenship, and family reunification applications and limited
representation of applicants with the United States Citizenship and
Immigration Service(USCIS). RSC is the only Board of Immigration
Appeals (BIA)recognized organization in Orange County and has the
County's only BIA accredited representative on staff.In 2016,the
Pathway to Citizenship program served a total of 169 refugees: 73 for
citizenship and pre-citizenship instruction and 96 for immigration legal
services. It is anticipated that these numbers will increase by 20%with
the move to a new space and anticipated growing demand.
= Provide confidential office space where refugees assisted by staff and
volunteers are assured that their personal information and concerns are
not overheard by others waiting to be assisted. For example, currently
when our pro bone attorney is dealing with refugees on cases such as
domestic violence, custody and citations,other clients are asked to
wait in the gym or on the porch. In addition to waiting room space,
more space will also be available for locked file cabinets and storage
of office supplies.
• improve volunteer training and on-going support for UNC students
and community member volunteers by allocating training space and
maintaining a centralized instructional materials library.Our volunteer
coordinator, a Master's level ELL teacher,currently meets with
volunteers individually and online and keeps materials and supplies in
her home, distributing individually as needed. A centralized location
of materials and books that is easily accessible to volunteers would
provide a more efficient and effective instructional program. At
present,we have 112 active volunteers with a wait list of 37.
• Maximize opportunities for RSC to collaborate with other
organizations serving refugees by sharing space. Several agencies
compliment our services, such as the UNC Refugee Wellness which
provides mental health treatment; Orange Literacy which provides
•
DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
ELL and citizenship classes; and Family Reading Partners which
provides reading hours for parents and preschool children. Refugees
will benefit if these services are offered where they live.We will also
explore mutual areas for collaboration with El Centro and share space
as needed.
■ Provide dedicated space to store donated items and goods for
distribution to those who come to RSC. We currently decline most •
donations of clothes and canned goods because storage space is limited •
to under the director's desk. Community members who have collected
diapers,personal hygiene products,household cleaning supplies etc.
are holding them in their homes until space under this desk becomes
available.
BUDGET:
Office Space Number of Total Funds
Months Requested
Center Facilities $945/month 12 $11,340
Anticipated IMPACT/OUTCOMES:
Refugees served by Requested , Cost per
RSC in 2016 Funds Refugee
Cost Impact Projection 975 $11,340 $11.63
• Increase Pathways to Citizenship clients served by 20%
• Improved efficiency and quality of service by centralizing location for supplies,
volunteer training and materials, confidential office space for direct service work with
clients,and shared space with collaborating organizations.
DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
EXHIBIT `B"
Scope of Services—FY 2016-17 &2017-2018 (4/4/2017-6/30/2018)
Outside Agency Social Justice Funds Performance Agreement
Agency Name: Refugee Support Center(RSC)
Funding Award: $11,340
Outline how the agency will spend Orange County's funding award.
Expense Description Amount
Cost of Office Space(Rent and Utilities)for 1 year $11,340
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 30,2018.
• Provide legal, education, employment, financial and other resource and referral services for
refugees in Orange County in a confidential space.
• Provide shared space for programming with collaborating agencies, and storage space for
donations
• Provide Pathways to Citizenship program for more refugees in Orange County.
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 refugees served through Pathways to Citizenship Program(20%increase from last 203
year)
DocuSigned by:
ai vA'tA' Director, Refugee Support Center 4/25/2017
Certified by: g� Title: Date:
(Provider's Signature)
DocuSign Envelope ID:6661FF62-5F0B-4B97-9C2E-09BCC224B580
From: Alisa Cornetto
Sent: Tuesday, April 11, 2017 3:58 PM
To: Allen Coleman
Subject: Fwd: logistical questions
Allen
I would suggest attaching Bonnie's response to the contract in Docusign or paper, as authorization to
waive coverage.This is how we handle it when waivers are granted in other areas. This documents the
rationale.
Alisa
Sent from my iPhone
Begin forwarded message:
From: Bonnie Hammersley<bhammersley @orangecountync.gov>
Date:April 11, 2017 at 3:09:36 PM EDT
To:Allen Coleman <acoleman @orangecountync.gov>
Cc:Travis Myren <tmyren @orangecountync.gov>, Alisa Cornetto<acornetto @orangecountync.gov>
Subject: RE: logistical questions
Allen,
Thank you for responding to Susan's questions. In regards to the insurance for Refugee Support Center
(RSC), because this is a special circumstance I question whether the requirement is needed. The
request is for a one-time payment for rent and the reason the RSC does not apply for outside agency
funds is because they do not have the means to acquire insurance. I was aware of this when I
recommended the BOCC approve the payment. Also, the rough draft should be sent directly to the
County Attorney's office and he will assign an attorney to review the documents. If you have questions,
please do not hesitate to contact me. Thank you.
Bonnie B. Hamnmerslev
Orange County Manager
John M. Link Jr. Government Services Center
200 S. Cameron Street
Hillsborough, NC 27278
0: 919-245-2306
C: 608-216-4584
bhammersley@orangecountync.gov