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HomeMy WebLinkAbout2018-412-E Finance - Dispute Settlement Center outside agency agreementDocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 OUTSIDE AGENCY PERFORMANCE AGREEMENT THIS AGREEMENT, made and entered into the first day of July 2018, ( "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 Dispute Settlement Center, Inc., a not - for - profit corporation, located at 302 Weaver Street, Carrboro, NC 27510 ( "Provider "). 1i.�m►Q.Xy511y 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 Dispute Settlement Center, Inc. agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1, 2018 to June 30, 2019. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Outside Agency Funding Application 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 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 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 $81,850. 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 $20,462.50. 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. (Dispute Settlement Center, Inc.) Orange County Outside Agency Performance Agreement Revised 712018 Page I of 9 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 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. £ 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 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 12, and July 12 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. (Dispute Settlement Center, Inc.) Orange County Outside Agency Performance Agreement Page 2 of 9 Rev. 7118 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 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 parry 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 • Worker's Compensation • Commercial General Liability • Automobile Liability • Professional Liability MINIMUM REQUIRED COVERAGE Limits for Coverage A - Statutory State NC & Coverage B - Employers Liability $500,000 each accident, disease policy limit and disease each employee $1,000,000 Each Occurrence $2,000,000 Aggregate $500,000 Combined Single Limit $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. (Dispute Settlement Center, Inc.) Orange County Outside Agency Performance Agreement Page 3 of 9 Rev. 7118 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 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 and the Orange County Non - 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 $ 14.25 per hour. To the extent possible, Orange County recommends that Dispute Settlement 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 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: (Dispute Settlement Center, Inc.) Orange County Outside Agency Performance Agreement Page 4 of 9 Rev. 7118 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 County: Finance & Administrative Services Orange County Post Office Box 8181 Hillsborough, NC 27278 Provider: Dispute Settlement Center, Inc. 302 Weaver Street Carrboro, NC 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 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 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 at oocusignei a,,: r V'ciln G1.5 KJA �t 16VL 35C63Ad62C124C8... — For e oocu$ignedby, `7ounty Government 0637994B755E477... Bonnie Hammersley, County Manager (Dispute Settlement Center, Inc.) Orange County Outside Agency Performance Agreement Rev. 7118 8/14/2018 Date 8/16/2018 Date Page S of 9 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION COEI PkCE.t a) Applicant Contact Information Applicant Organization's Legal Name: Dispute Settlement Center Applicant Organization's Physical Address: 302 Weaver Street Carrboro NC 27510 Applicant Organization's Mailing Address: same Applicant Organization's Web Address: www.dis utesettlement.or Executive Director: Frances Henderson Telephone Number: 919 929 -8800 Tax ID Number: 56- 1216584 E -Mail: fenderson dis utesettlement_or b) Funding Request List all FY18 -19 Human Services HS Funding Being Requested — For All Proarams] and the Proposed Use of Funds (2 -3 lines or less) Program Ch7_p 'el ' ; 0rarrge.. + Total -� T `- HS County-HS. $85,000 Mediation x $85;U00 PY r fib f6 f�gP� i_ � Totals $1404 $18;000 - $85,`000 $117,000 c) To the best of my knowledge and belief all information and data in this application is true and current. The document has been duly authorized by the governing board of the applicant. i Signature: r�ti E/ cutive Director J Signature: Board Chairperson / -2- 2 if Date /- 2,2--It Date AGENCY INFORMATION 1 /12/2018 12:41:41 PM Page 8 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION d) DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND NON DISCRIMINATION CLAUSE Are any of the Board Members or employees of the agency which will be carrying out this program or members of their immediate families, or their business associates_.. YES NO ❑ X❑ a) Employees of or closely related to employees of the Town of Carrboro, the Town of Chapel Hill, or Orange County? ❑ X❑ b) Members of or closely related to members of the governing bodies of the Town of Carrboro, the Town of Chapel Hill, or Orange County? ❑ X❑ c) Current beneficiaries of the program for which funds are being requested? ❑ X❑ d) Paid providers of goods or services to the program or having other financial interest in the program? If you have answered YES to any question, please provide a full explanation below. NON - DISCRIMINATION Provider agrees as part of consideration of the granting of funds by funding agencies to 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, gender identity /expression, 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. To the best of my knowledge and belief all of the above information is true and current. I acknowledge and understand that the existence of a potential conflict of interest does not necessarily make the program ineligible for funding, but the existence of an undisclosed conflict may result in the termination of any grant awarded. Signature: ag4.e4.— xecutive Director Signature: Board Chairperson Date Date AGENCY INFORMATION 1/19/2018 1:33:24 PM Page 9 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION 2. AGENCY INFORMATION (Be Very Brief and Concise) Please provide the following information about your agency (2 pages OR LESS): a) Years in Operation, Date of Incorporation (Month/Year): September 1978 We will celebrate our 40th anniversary this year, as the founding community mediation center in North Carolina! b) Agency's Purpose /Mission (no more than a few sentences): Mission: "To promote and bring about the peaceful settlement of disputes and prevent the escalation of conflict through mediation, conciliation, facilitation, and training." We assist individuals and groups to work through interpersonal conflicts, or to reach mutually agreeable decisions in constructive ways. We help organizations and schools make systemic change in how members work together, solve issues, and deal with infractions or breaches within the organization or school, using conflict resolution and Restorative Practices techniques. c) Types of Services the Agency Provides (bullet format): o Mediation for court - referred and community- referred interpersonal disputes including family, business, neighborhood, Medicaid Appeals, and eldercare; o Training for adults in conflict resolution, mediation, and facilitation, as well as interventions in disputes; o Facilitation, mediation and consensus - building for groups, organizations, and governmental units; and o Training, mediation and development of Restorative Practices for youth in school, community, and juvenile court settings. d) Agency's History with Providing These Services: Court Mediation: We have provided mediation services since 1978. DSC relieves the Orange County Criminal District of cases best settled through mediation - thereby freeing up judges and court staff for other issues, and providing a more humane and effective forum for interpersonal disputes between neighbors, co- workers, family members and others. Community Mediation: We offer sliding scale separation and divorce mediation sessions on issues including parenting arrangements, financial divisions, alimony and custody. We also help families with eldercare issues and neighbors and small business people with disputes. In 2012 we began assisting Orange County Medicaid Agency Information 1/22/2018 4:11:17 PM Page 10 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION recipients, the very poor and disabled, with their service provision appeals, by facilitating conversations with providers. Youth Services: We have provided Youth Services since 1984. Our youth services have evolved over time to include Restorative Justice (or Restorative Practices.) Public Disputes: Since 1986 we have provided Public Disputes (facilitation) services including training for people who want to facilitate better meetings, or that need assistance in process design or consensus building for important issues. Training and Intervention: Individuals, groups, and organizations seeking better skills in conflict management may take training from DSC, or ask us to intervene in an active dispute. e) Other Pertinent Agency Information (Ex. Has the agency experienced any major changes in the past year? Is there a new Executive Director? Are there new initiatives ?) Our staff is very stable. Knowing that we are understaffed, and knowing that we can do more with providing training for systemic change, our board is planning a fundraising initiative for FY19 related to our 40th anniversary. We are planning expanding some services outside of this community, while preserving (and enhancing) services here. We need a Community Engagement/Communications staff person — we currently have no designated development staff. We hope to add an additional Youth Program staff member in order to keep up with the demand for the Restorative Practices work. f) Schedule of Positions (For Entire Agency) • Full Time Equivalent (FTE) staff will be noted as 1.00; half time as .50; quarter time as .25, etc. • Calculate a Full Time Equivalent for all recorded volunteer hours using the following: Total Volunteer Hours = Volunteer FTE 2,080 Executive Director 40 hrs Public Disputes Program Coordinator 40hrs Mediation Coordinator 36 hrs Training Coordinator 40 Restorative Practices for Youth Coordinator 36 hrs Assistant to Director /Family Mediation Intake 30 hrs (reduced to 16 in November 2017) Proposed for FY 19: Youth Program 30 hours Development/ Engagement staff 40 hours # of FTE - Full -Time Paid Positions: 5 -7 # of FTE - Paid Part -Time Positions: 1 Agency Information 1/22/2018 4:11:17 PM DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION # of Volunteers: 40 # of FTE - Volunteers:5 g) Living Wage Does this agency pay permanent employees a minimum living wage? (Yes/ No) Yes We were proud to be in the first round of living wage employers! If yes, is this agency an Orange County Living Wage Certified Employer? Yes If no, please explain. Agency Information 1/22/2018 4:11:17 PM Page 12 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION h) Agency Budget Is your agency currently receiving and /or requesting other (non -Human Services) local (Town of Carrboro, Town of Chapel Hill, Orange County) government funding? (Yes /No) NO If yes, please list below: Include all programs that have funding requests /awards /totals from Carrboro, Chapel Hill, and Orange County governments (other than Human Services). DO NOT include federal funding sources, such as CDBG and HOME. Program FY17 -18 FY18 -19 Source Award Request *Add rows or attach additional page, if needed. ii. Submit your agency's budget. You may complete the provided template (separate As file) or you may submit your own budget file (as long as it contains the same information, and in a similar format, as requested in the provided template). Agency Budgets are required to define budget amounts for the previous program year, current program year, and next program year for the following categories: Revenues • Private Donations • Program Generated Revenue • Local Government Grants • Carrboro Human Services • Carrboro Other • Chapel Hill Human Services • Chapel Hill Other (DO NOT include CDBG funding here) • Orange County Human Services Agency Information 1/22/2018 4:11:17 PM --3 g e 1 3 o f 2 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION ■ Orange County Other (DO NOT Include HOME funding here) • Other Government Grants • Triangle United Way • State Government • Federal Government (CDBG /HOME /etc.) • Private Foundation Grants • Other Revenue • Expenditures o Compensation o Rent & Utilities • Supplies & Equipment • Travel & Training • Other Expenses iii. Does your agency budget show a Surplus or Deficit? There is a small deficit for FY17. Is there a significant change? Yes /No No Please provide a brief explanation for Surplus or Deficit, and significant changes. The board has reviewed the deficit, which was caused by some initiatives that were unpaid. As the deficit was a low percentage of the budget, and we have reserve funds, the board was comfortable with it. iv. What is your agency's fiscal year? June 30 (Example: July 1, 2016 through June 30, 2017) Agency Information 1/22/2018 4:11:17 PM DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Agency Budget Operating Budget for Entire Agency AGENCY NAME: AGENCY REVENUE Private Donations DISPUTE SETTLEMENT CENTER Agency Generated Revenue (fees) Local Government Grants: Human Services - Town of Carrboro Other - Town of Carrboro Human Services - Town of Chapel Hill Other - Town of Chapel Hill Human Services - Orange County Other - Orange County Other - Town of Hillsborough Other Government Grants Triangle United Way State Government Federal Government (CDBG /HOME /etc.) Private Foundation Grants Other Revenue Total Agency Revenue AGENCY EXPENSES Compensation Rent & Utilities Supplies & Equipment Travel & Training Other Expenses: Total Agency Expenses SURPLUS /(DEFICIT) FOR PERIOD: FY 2018 -19 Agency Budget $ (11,052) $ - 1 $ - 1 0 Actual 2016 -17 Estimated 2017 -18 Projected 2018 -19 Percent Change $ 51,803 $ 26,000 $ 65,000 150% $ 195,772 $ 254,000 $ 270,000 6% $ 9,000 $ 10,000 $ 14,000 40% $ - $ - $ - 0 $ 12,000 $ 14,000 $ 18,000 29% $ - $ - $ - 0 $ 80,000 $ 81,500 $ 85,000 4% $ 8,118 $ 8,315 j $ 9,146 10% $ - $ - $ - 0 0 $ 27,061.00 $ 27,718.00 $ 30,489.00 $ 0.10 $ - $ - $ - 0 $ 64,048.00 $ 45,000.00 $ 70,000.00 $ 0.56 $ 2,042 $ 500 $ 400 $ (0.20) $ $ 449,844 418,007 $ $ 467,033 413,793 $ $ 562,035 502,702 20% 21% $ 7,285 $ 8,000 $ 9,000 13% $ 5,107 $ 5,500 $ 14,500 164% $ 8,895 $ 9,800 $ 12,000 22% $ 21,602 $ 29,940 1 $ 23,833 1 -20% $ 460,896 $ 467,033 1 $ 562,035 1 20% $ (11,052) $ - 1 $ - 1 0 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION 3. PROGRAM INFORMATION (Submit a separate Section 3 for each program) Program Name: Mediation — in court and in the community Program Primary Contact and Title: Jenifer Yarnelle, Mediation Coordinator Telephone Number: 919 929 -8800 E -Mail: jarnelle(a)disputesettlement.org a) Indicate the type of Human Service Needs Priority, if program applicable: X❑ Priority Area #1: safety -net services for disadvantaged residents ❑ Priority Area #2: education, mentorship, and afterschool programming for youth facing a variety of challenges ❑ Priority Area #3: programs aimed at improving health and nutrition of needy residents b) Indicate the type of program for which you are requesting funding (Check all that apply to this program) Program Category Youth Adult Elderly Disabled Public Housing Neighborhoods /Residents Affordable Housing Affordable Healthcare Education Family Resources Jobs /Jobs Training Food Transportation Other: Please specify conflict resolution and mediation x x x x x c) Provide a bulleted list of other agencies, if any, with which your agency coordinates /collaborates to accomplish or enhance the Projected Results in the Program(s) to be funded. For each, briefly describe the coordinated /collaborative efforts. We receive case referrals from these entities, among others: Orange County Criminal District Court; Orange County Civil District Court (50 -C cases) Orange County Magistrates; Orange County Small Claims Court; Orange County Animal Control; Orange County Senior Centers; Orange County Clerk of Court; Orange County Department on Aging: Homeowners' Associations (HOAs): Chapel Hill Police Department Crisis Unit; PROGRAM INFORMATION 1/22/2018 4:11:17 PM Page 15 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Orange County DSS; Town of Chapel Hill Ombuds Office; Town of Chapel Hill Human Resources; Town of Carrboro; Chapel Hill- Carrboro City Schools; Orange County Schools; Family law attorneys; Family therapists; NC Office of Administrative Hearings (Medicaid Appeals) Compass Center; Congregations, nonprofits and businesses; Senior Care providers. Program Description (3 pages OR LESS) Please provide the following information about the proposed program: d) Summarize the program services proposed and how the program will address a Town /County priority /goal? Court Mediation In Orange County Criminal District Court, the judges and assistant district attorneys refer cases to us and we then screen for appropriateness and voluntariness. An appropriate case involves an interpersonal dispute (leading to, for example, charges of harassment, communicating a threat, injury to personal property, etc.) without domestic violence, in which the parties agree to mediate. Most court clients have very few resources and often need to get back to their jobs. They also need real resolution of the problem between themselves and their neighbor, co- worker, or family member. Family Mediation In the case of family mediation, clients are referred to Dispute Settlement Center through attorneys, therapists, or social services agencies, or self - referred. Our sliding scale fee structure enables people of all income levels to have access to high quality mediation. Likewise, business, neighborhood, and employment cases come to us through attorney, law enforcement, or agency referrals, or self - referrals. Medicaid Appeals These cases are referred to us through a program through Office of Administrative Hearings. This program serves the very poor and disabled in Orange County who have been denied Medicaid services or support and have appealed the denial. The Orange County Board of County Commissioners' goals include to "Create a Safe Community" and to "Foster a community culture that rejects oppression and inequity." Dispute Settlement Center helps people in conflict work through their differences in safe environments so that they can move on with their lives with less PROGRAM INFORMATION 1/22/2018 4:11:17 PM ` a g � 1 6 s t 2 . DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION stress and perhaps improved relationships. Through the mediation process, they may learn skills that help them speak up for themselves more effectively. This, we believe, is a building block for democracy and inclusiveness. e) Describe the community need or problem to be addressed in relation to the Chapel Hill Human Services Needs Assessment, Orange County BOCC Goals and Priorities, Town of Chapel Hill Council Goals, Carrboro Board Priorities, or other community priorities (i.e. Council /Board Goals). Reference local data (using the provided links, i.e. Chapel Hill Human Services Needs Assessment) to support the need for this program. "Ending the overuse of jail will reduce economic and racial inequalities and is an essential part of advancing civil rights in the 21st century." Nicholas Turner, President and Director, Vera Institute of Justice. We are proud that Orange County (to the best of our knowledge) is the only county in NC which provides mediation without cost in Criminal District Court, due to the funding of Dispute Settlement Center through this grant. A recent report "Court Fines and fees: Criminalizing Poverty in NC" www.ncpolicywatch.com /2018/01/03 details the legislature's increasing reliance on court fees that millions cannot afford. Court fees can constitute an on -going "poverty trap." We can help get cases settled, and people back to their jobs.. As quoted above on the County's website, the BOCC recognizes that smooth and equitable functioning of the court system is a part of its larger goals. Any of the 135,000 Orange County residents may in fact be in Criminal District Court, but many are low- resource individuals working in hourly positions. Court may have been a last resort for them in a conflict with their friend, neighbor, family member or colleague. While they have a right to use court, it may not be the best route to resolution for them. We give them an option of mediation, which can mean a quicker return to work, as well as a much better resolution. (Note that some court clients may live in Chatham, Durham, Alamance or Wake and be involved in an Orange County Court case.) We cannot claim to prevent violence or that we advance civil rights. But, contributing to the efficiency of the court system AND helping people take more control over their lives contributes to both of these BOCC goals. As we encourage mediation and conciliation in the community (out of court) we also hope to contribute to the County goals of full civic participation, in a safe community, and promoting the well -being of all citizens. Conflict avoidance (or fighting) is stressful. In the case of family mediation, there is strong research showing that mediation is better for the long -term relationships between parents and children. (see Robert Emery, PhD. at the University of Virginia's Center for Children, Families and the Law.) Likewise in eldercare mediation, or other family situations, relationships can salvaged, or improved, in mediation. f) Who is your target population of individuals to benefit from this program and how will they be identified and connected with the program? Court: Anyone in Criminal District Court as a result of a civilian- generated warrant may be referred to us by the court (we screen for violence) and have an option to mediate. Also, we can receive referrals from Small Claims Court, 50 -C, and Truancy Court. PROGRAM INFORMATION 1/22/2018 4:11:17 PM DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Family cases: Lawyers, therapists, family service providers and others in the community refer people to us. People know of us and self- refer. Senior care providers and the Orange County Clerk of Court may send us eldercare disputes. Medicaid Recipients: The Office of Administrative Hearings sends these poor and disabled citizens (or their advocates) to us for facilitation of disputes over Medicaid - funded services. g) Describe the credentials of the program manager and other key staff. (Ex. Identify Program Manager and credentials, describe training provided to volunteers, etc.) The Executive Director has a JD and 26 years of mediation experience. She is an adjunct professor at the UNC School of Government, teaching Non - Profit Management. The Mediation Coordinator has 23 years of experience in mediation. Assisting in court is the Restorative Practices Coordinator, with a JD and 6 years of experience in mediation. h) Describe the specific period over which the activities will be carried out and include an implementation timeline. July 1, 2018 through June 30, 2019 we will attend Criminal District Court "People's Court" sessions regularly for referral, interviewing, and mediation. This means Mondays and Thursdays, with a team of mediators attending on the People's Court days. In addition, we receive referrals, do intake, and mediate family, community and eldercare cases throughout the year. We are available for consultations throughout business hours on the phone or ny people coming by the office: this is a lot of our work, as people in conflict need to vent, tell their story, and learn about mediation. Many times mediation is not appropriate for their situation. It may be too late in the drama, there may be violence or the threat of violence, or one party may be unwilling. This is not reflected in the numbers, but is a service we provide. Even when situations do not come to mediation, it can be helpful for people to talk to us, be heard, and get some ideas for conciliation or moving forward, short of mediation. Medicaid Appeals are referred to us when initiated, and we have 25 days in which to hold a mediation and report. i) Why is funding this program a good investment for the community? How does funding this program add value to the community? (250 words OR LESS) Orange County has a role to play in making sure that the court system functions effectively. A crowded docket strains resources and lack of efficiency in case management could also mean increased crowding and liability in the local jail. As mentioned above, our service as funded by the BOCC means low- resource clients can get mediation and return to their jobs without paying fees, leading to the "poverty trap." PROGRAM INFORMATION 1/22/2018 4:11:17 PM Page 18 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Chief District Court Judge Joseph Buckner has said that his courthouse would "be in lock - down" without the assistance of Dispute Settlement Center mediators relieving the courts. Most important, offering disputants a chance to sit down with mediators helps them reach lasting resolutions so that behaviors leading to warrants are less likely to be repeated. These are public safety issues. Families in Orange County need affordable mediation services when faced with separation and divorce. While there are private mediators, we are the only mediators with a sliding scale fee structure. Low to moderate income couples — and those unemployed- need this support. In addition, as the population ages, more families struggle with transitions around care of elders. We offer a different way, beyond fighting, litigation, or suffering in silence. This includes assisting the Orange County Clerk of Court with family situations at his request. Finally, having a place to contact for help and support with neighborhood or other conflicts means we can be a gentler community — where people try to talk to each other over differences, rather than litigating, fighting, or avoiding each other. j) Describe what would happen if requested funding is not awarded at all or if a reduced allocation is recommended. Without funding, we could not attend Criminal District Court. After the NC Legislature de- funded mediation throughout the state for FY11, Orange County picked up support for this needed service. Note that in FY02, the NC Legislature was providing $84,530 in support for this program. Over time, we have found some general support for mediation. We believe that it can be agreed that court mediation, however, is properly supported by government. Our expenses have continued to go up with this program, while we receive less than we did 17 years ago in government support, due to the state budget pullbacks. We are so grateful for Orange County's leadership (the only County in NC to support court mediation in this way) but we do struggle to keep up with our costs. k) What percentage of your target population is low- moderate income? Court: We understand most of our clients to be hourly workers who are missing work to be in court. We do not have absolute data to support this, but this is our experience. Family: Divorce mediation is open to all income levels, but the reality is that our clients tend to be moderate income, with about one - quarter being low- income or unemployed (paying the minimal on our sliding scale.) Medicaid: All clients are either disabled or very low- income. PROGRAM INFORMATION 1/22/2018 4:11:17 PM -_� a g � I , nF f DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION 1) What efforts do you make to seek feedback about your program from your target population (e.g. survey, evaluations, etc. ?) We do post mediation evaluation with family mediation clients. We have found that it is nearly impossible to survey court clients, given the fast -paced court environment. Recently we have done a major survey effort with the 20 -40 year -old age group, to assess their needs. m) Include any other pertinent information. We would like to note that mediation is a practice which does not lend itself to easy evaluation. We maintain demographic information on clients and resolution rates, but this does not tell the whole story. In many cases, we talk the parties separately through the conflict, encourage ways of conciliation, and then they may not mediate, or one side refuses. In other cases, there may be a long mediation but no resolution — nonetheless progress has been made. Mediators are trained to not focus on resolutions but on first, doing no harm, and second, empowering the parties to communicate and negotiate for themselves. Of course, resolutions can be great things, and we note that in over 80% of mediations held, there is a resolution. In Criminal District Court, the cases can be very involved and take a few hours of mediation, or be short. Orange County support enables us to give each case the attention that is needed. We are trying to be realistic in setting number goals. It all depends on the number of appropriate cases that are referred to us, and this may vary widely. The agency must maintain trained available personnel no matter how many cases there are. PROGRAM INFORMATION 1/22/2018 4:11:17 PM Page 20 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Additional Program Information n) Target Population Complete the following tables, with numbers (not percentages) of individuals served and to be served, to the best of your ability, Program Target Population Demographics Gender Male Female Total Ethnicity African - American American Indian or Alaska Native Asian Caucasian Native Hawaiian or other Pacific Islander Other: specify latino Total Of the above, how many Hispanic /Latino Of the above, how many non - Hispanic /Latino Total Age 0 -5 years 6 -18 years 19 -50 years 51+ years Total Geographic Location Alamance County Chatham County Durham County Wake County Orange County Breakdown Chapel Hill Public Housing Town of Chapel Hill (Non - Public Housing) Town of Carrboro Town of Hillsborough City of Mebane (Orange County) Orange County (Outside Municipalities) Actual Estimated Projected 2016 -17 2017 -18 2018 -19 259 236 275 347 414 375 606 640 650 143 152 160 574 616 30 33 22 40 398 442 420 32 24 30 606 640 650 32 24 30 574 616 30 606 640 650 none none 606 640 650 41 30 30 33 30 30 12 15 15 35 25 25 unk 256 280 285 56 70 75 107 110 110 66 80 80 Total 1 606 640 1 650 PROGRAM INFORMATION 1/22/2018 4:11:17 PM Page 21 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Work Statement o) Complete the Work Statement Chart to describe the work to be performed. This chart is used to document program activities, program goals, performance measures, and actual results. (Add more rows as needed) If this is a new program, you will only document the projected information. Every program is required to have AT LEAST 1 Program Activity, which should be SMART (Specific, Measurable, Achievable, Relevant, and Time- bound. Click on SMART Goals to learn more. • Program Activities should outline major activities the agency implements to accomplish its program goals. (i.e. Deliver meals to elderly /disabled residents.) • Program Goal should explain what the program is trying to achieve /accomplish. Goals are statements about what the program should accomplish. (i.e. Deliver 100 meals per day, Monday - Friday.) • Performance Measures describe how you will evaluate the degree in which you achieved the stated goals. (i.e. Will track the number of meals delivered each day,) • Actual Program Results use program results to indicate the actual measureable achievement of goals. If goals were not met, please explain. (i.e. Delivered an average of 105 meals per day.) Work Statement Chart for Program MEDIATION I. Program Activity Name. Court Mediation Program Goal Offer mediation in Orange County Criminal District Court Performance Measures Numbers of people assisted with conflict and resolution rate for cases mediated. Previous Year Program Results 247 assisted with an 82 % resolution rate for cases mediated. Current Year Estimated Results 250 assisted with an 80% resolution rate for cases mediated Next Year Projected Results 250 people with 80% resolution rate for cases mediated 2. Program Activity Name.. Community mediation Program Goal Assist people with family, neighborhood, business, Medicaid services and other conflicts Performance Measures Numbers of people assisted and resolution rate of cases mediated Previous Year Program Results 359 people assisted; resolution rate 78% Current Year Estimated Results 390 people assisted; resolution rate 80% Next Year Projected Results 400 people assisted; resolution rate 80% 3. Program Activity Name; Program Goal Performance Measures Previous Year Program Results Current Year Estimated Results Next Year Projected Results 4; Program Actiivity'Name , Program Goal Performance Measures Previous Year Program Results Current Year Estimated Results Next Year Projected Results PROGRAM INFORMATION 2/28/2018 12.51:40 PM Page 2 2 of 27 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION p) Program Budget 1. Submit your program budget. You may complete the provided template (separate xls file) or you may submit your own budget file (as long as it contains the same information, in the same format, as requested in the provided template). Program Budgets are required to define budget amounts for the previous program year, current program year, and next program year for the following categories: Revenues • Private Donations • Program Generated Revenue • Local Government Grants • Carrboro Human Services • Carrboro Other • Chapel Hill Human Services • Chapel Hill Other (DO NOT include CDBG funding here) • Orange County Human Services • Orange County Other (DO NOT Include HOME funding here) • Other Government Grants • Triangle United Way • State Government • Federal Government (CDBG /HOME /etc.) • Private Foundation Grants • Other Revenue Expenditures • Compensation • Rent & Utilities • Supplies & Equipment • Travel & Training • Other Expenses 2. Program Budget Detail — Provide description of "other" budget items, not defined. These would include insurance, printing, and the costs of our audit, as allocated to this budget. 3. This program budget represents what percent of the agency budget? 32% 4. COST PER INDIVIDUAL This Cost per Individual must reflect the total program budget divided by the total number of program individuals in this application. PROGRAM INFORMATION 1/22/2018 4:11:17 PM Actual 2016 -17 Estimated 2017 -18 Projected 2018 -19 Total Cost of Program 152,075 153,190 158,000 Total # of Individuals 606 640 650 Cost Per Individual 250 239 243 PROGRAM INFORMATION 1/22/2018 4:11:17 PM DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 EXHIBIT A: PROVIDER'S OUTSIDE AGENCY APPLICATION Program Budget Operating Budget for Program PROGRAM NAME PROGRAM REVENUE Private Donations Program Generated Revenue Local Government Grants: Human Services - Town of Carrboro Other - Town of Carrboro Human Services - Town of Chapel Hill Other - Town of Chapel Hill Human Services - Orange County Other - Orange County Other - Town of Hillsborough Other Government Grants Triangle United Way State Government Federal Government (CDBG /HOME /etc.) Private Foundation Grants Other Revenue Total Program Revenue PROGRAM EXPENSES Compensation Rent & Utilities Supplies & Equipment Travel & Training Other Expenses: Total Program Expenses SURPLUS /(DEFICIT) FOR PERIOD: FY 2018 -19 Program Budget MEDIATION $ (8,488) $ (4,690) $ - 1 100% Actual 2016 -17 Estimated 2017 -18 Projected 2018 -19 Percent Change $ 20,000 $ 20,000 $ 37,500 88% $ 18,587 $ 27,000 $ 26,000 -4% $ - $ - $ - 0 $ - $ - $ - 0 $ - $ - $ - 0 $ - $ - $ - 0 1 80,000 $ 81,500 $ 85,000 4% $ - 1 $ - 1 $ - 0 6$ $ - $ - 0 $ =0l- - $ - $ - 0 $ - $ - $ - 0 $ - $ - $ - 0 $ 25,000.00 $ 20,000.00 $ 10,000.00 $ (0.50) $ - $ - $ - 0 $ $ 143,587 129,500 $ $ 148,500 132,090 $ $ 158,500 134,750 7% 2% $ 2,650 $ 2,900 $ 3,400 17% $ 3,875 $ 3,000 $ 3,250 8% $ 3,175 $ 2,800 $ 3,200 14% $ 12,875 $ 12,400 $ 13,900 12% $ 152,075 $ 153,190 $ 158,500 3% $ (8,488) $ (4,690) $ - 1 100% DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 131:x;11: t Scope of Services — FY 2018 -19 Outside Agency Performance Agreement Agency Name: Dispute Settlement Center Program Name: Mediation Funding Award: $81,850 Outline how the agency will wend Orange Countv's funding award. Expense Description Amount The agency will spend Orange County funding on personnel costs for mediation staff. For the agency, personnel costs are over 80% of the budget, including salaries, retirement, and payroll taxes. 240 people served 2. Assist 384 people with interpersonal disputes related to divorce, neighborhood, business, and Medicaid services with an above 80% resolution rate. 384 people served (from application, projecting 4% fewer, passed on 4% fewer dollars allocated than requested.) $81,850 Program Services Outline the critical services (activities) the agency will employ to attain the .Anticipated Outcomes below, by June 30, 2019. • Provide mediators in Orange County Criminal District Court for resolution of interpersonal disputes • Provide mediators for assistance with family, business, neighborhood, and Medicaid disputes. 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 1. Assist 240 people in court with interpersonal disputes, with an above 80% resolution rate. 240 people served 2. Assist 384 people with interpersonal disputes related to divorce, neighborhood, business, and Medicaid services with an above 80% resolution rate. 384 people served (from application, projecting 4% fewer, passed on 4% fewer dollars allocated than requested.) rDoc uSigned by: 624 FMAA. 5 k.IRJW56VU Execu i ve Director 8/14/018 / Certified by: Tn --�" �' ........ title: Date: 7127 _3 (Provider's Signature) DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 ATTACHMENT "A" Orange County Certifications — FY 2018 -19 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. UceuSIgned by: FrXV,U,S Certified by: _If s�ensaae2czac8... Title: (Provider's Signature) Executive Director 8/14/2018 Date: (Dispute Settlement Center, Inc.) Orange County Outside Agency Performance Agreement Page 9 of 9 Rev. 7118 DocuSign Envelope ID: D068E7B0- D869- 43F4- B35C- 428F10E3BDC1 s�C t�® CERTIFICATE OF LIABILITY INSURANCE DATE(MUMDIYYYY) CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0 511 61201 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 have ADDITIONAL INSURED provisions or 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). 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