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HomeMy WebLinkAbout2009 Housing - Town of Chapel Hill to Provide an Interim Homelessness Program Coordinator~~ AGREEMENT TO PROVIDE AN INTERIM HOMELESSNESS PROGRAM COORDINATER BETWEEN ORANGE COUNTY AND CHAPEL HILL This agreement between Orange County and the Town of Chapel Hill is entered into for the purpose of providing for an interim Homelessness Program Coordinator. Whereas, The Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Alderman, and Hillsborough Board of Commissioners have determined ending chronic homelessness is an important goal and has endorsed the Orange County 10 Year Plan to End Chronic Homelessness; and Whereas, each governmental partner has agreed to provide financial resources for a Homelessness Program Coordinator to provide staff support and lead the effort to develop a comprehensive approach to end homelessness in Orange County and each has signed onto a Memorandum of Understanding, endorsin~ their support which is hereby incorporated by reference and attached hereto 4~ttachment Ay; and Whereas, the Plan specifies the hiring of a_Homelessness Program Coordinator whose responsibilities and duties are outlined in ~tachment B, "Position Specifications for Homelessness Program Coordinator," and Whereas, the Memorandum of Understanding provides the Homelessness Program Coordinator be housed and employed by Orange County Government; and Whereas, currently there is a vacancy in the position of Homelessness Program Coordinator and ongoing staff support is needed for the Executive Team and to support the purpose of the Orange County Ten Year Plan to End Chronic Homelessness; and Whereas, the Town of Chapel Hill currently employs staff, who with the financial resources provided by the government partners identified above, can provide interim staff support to the Plan in accordance with the attached Position Specifications; NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter set forth, Orange County and the Town of Chapel Hill agree as follows: 1. The Town of Chapel Hill agrees: a. To use funds not to exceed $40,000 for the purpose of supporting an interim Homelessness Program Coordinator for thirty (30) hours per week for the six months. b. To submit an invoice to .Orange County on a monthly basis specifying the personnel costs for the Homelessness Program Coordinator for the specified period. Interim Homelessness Program Coordinator Agreement Page 1 of 4 c. To provide, the equivalent of .75 Full Time Equivalent (FTE) personnel (30 hours per week) to carry out the interim Homelessness Program Coordinator described in the Position Specification for the Homelessness Program Coordinator. (See Attachment B) The Homelessness Program Coordinator will report activities performed to the County Manager or her designee. d. Chapel Hill shall, concurrent with execution of this Agreement, designate the name of the Homelessness Program Coordinator identified in this Agreement ("Designated Employee"). Orange County and Chapel Hill will mutually agree to the designation of the Designated Employee. Any changes to the designation will be mutually agreed to by the Orange County and Chapel Hill. In the event the Designated Employee becomes unwilling or unable to perform the duties required by this Agreement, this Agreement shall terminate and any payment due as of the date of termination shall be paid as provided in paragraph 5 of this Agreement. e. Chapel Hill shall in the event of termination of the Designated Employee, whether voluntary or involuntary, inform the County in advance of termination and provide the date of termination. 2. Orange County agrees: a. To provide funds from the joint finances provided by members of the Partnership to End Homelessness, not to exceed $40,000 to the Town of Chapel Hill for the purpose of supporting an interim Homelessness Program Coordinator for thirty (30) hours per week for six months. b. The funds will be paid monthly by the County upon the submission of an invoice by the Town specifying the monthly personnel costs. The County shall pay the Town within thirty (30) days of receipt of the Town's invoice. Any adjustments to the invoice shall be taken into account in the next succeeding invoice or as soon thereafter as practical. c. Orange County will use the Designated employee as the interim Homelessness Program Coordinator in accordance with the Memorandum of Understanding and the Position Specifications for Homelessness Program Coordinator (See Attachment A and B) d. The Orange County Manager or her designee will cooperate with the Town in any personnel action initiated and conducted by the Town for or against the Designated employee and coordinate the implementation of this Agreement and the work of the interim Homelessness Program Coordinator. e. The County shall furnish all supplies, equipment, office space and computer as needed by the Homelessness Program Coordinator; to include any conferences or meetings necessary to appropriately carryout the duties of the position within budgetary constraints. Interim Homelessness Program Coordinator Agreement Page 2 of 4 3. Term. This contract shall be in effect for the period March 24, 2009 until September 17, 2009. 4. The interim Homelessness Program Coordinator shall provide a total of thirty (30) hours per week of services. Days and times of service shall be mutually agreed upon by the County and Chapel Hill. The County and Chapel Hill will mutually agree upon a method of reporting vacations, sick leave and other absences. 5. Termination. This Agreement may be terminated at anytime without penalty by either party provided the Agreement is terminated either: a. Upon failure of the parties to agree on a replacement. b. Upon delivery of written notice of termination furnished to the other party at least 30 days (30) prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 6. OSHA Compliance. Orange County controls the facilities where the Homelessness Coordinator works. It is agreed Orange County is primarily responsible for compliance with the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the extent those laws apply to the Homelessness Program Coordinator. 7. Workers Compensation. The Town of Chapel Hill shall provide workers' compensation for the Designated Employee. The parties agree to immediately notify each other of any injury or accident or any claim for workers' compensation benefits involving the Designated Employee. 8. EEO Compliance. The Homelessness Program Coordinator is an employee of Chapel Hill and is covered by all applicable federal and state laws with all rights and privileges provided to them by law. Orange County and Chapel Hill affirm that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. Both parties agree to comply with Title VI and Title VII of the Civil rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and its amendments, and any other applicable Civil Rights laws and requirements imposed by state and federal regulations, rules, and guidelines issued pursuant to these titles or other laws for both personnel employed and individuals served. In the event of any complaint of unlawful discrimination, harassment, or retaliation by the Designated Employee, Orange County and Chapel Hill agree to cooperate in the prompt investigation and resolution of such complaint. 9. Independent Contractor. The services which Chapel Hill shall render under this Agreement shall be as an independent contractor with respect to Orange County. Interim Homelessness Program Coordinator Agreement Page 3 of 4 Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Chapel Hill, the. Designated Employee and Orange County. 10. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of the Orange County within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed. or interpreted as creating a delegation of governmental powers nor as a donation by a lending of the credit of Orange County within the meaning of the Constitution of the State of North Carolina. This Agreement shall and does not directly or indirectly or contingently obligate the Orange County to make any payments beyond those appropriated in the sole discretion of Orange County for any fiscal year in which this Agreement shall be in effect. No deficiency judgment may be rendered against Orange County in any action for breach of a contractual obligation under this Agreement and the taxing power of Orange County is not and may not be pledged directly or indirectly or contingently to secure any monies due under this Agreement. 11. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 12. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BE LF OF FOR AND ON BEHALF OF THE (i~TNTY OF RANGE. WN O ~ ~`-~ 1 Valerie P. Foushee, Chair ;~ ~i~ ~'~'' Orange County Board of County Commissioners Printed Name Town o Chapel Hill Date Dat "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." '~~Z~-~ r G preys, Director Date Orange unty Financial Services Interim Homelessness Program Coordinator Agreement Page 4 of 4