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HomeMy WebLinkAbout2020-077 County Manager - Town of Chapel Hill Veterans Memorial performance agreement STATE OF NORTH CAROLINA PERFORMANCE AGREEMENT ORANGE COUNTY FOR ORANGE COUNTY VERTERANS MEMORIAL THIS PERFORMANCE AGREEMENT, made and entered into by and between the Town of Chapel Hill, a North Carolina Municipal Corporation, 405 Martin Luther King, Jr. Boulevard, Chapel Hi11, North Carolina, hereinafter referred to as the"Town"and Orange County,Post Office Box 8181,Hillsborough,NC 27278 hereinafter referred to as "Orange County Veterans Memorial"or"Contractor." WITNESSETH WHEREAS,Orange County Veterans Memorial brings elements of the Orange County community together to build a community memorial that honors those who have served their country,especially the citizens of Orange County;and WHEREAS,Orange County Veterans Memorial enhances and promotes public welfare;and WHEREAS,it is in the interest of the Town that said program be assisted by the Town and thereby be available to the residents of the Town,and said program addresses an important community service as identified by the Chapel Hill Town Council;and NOW,THEREFORE,in consideration of the above and the mutual covenants and conditions hereinafter set forth,the Town and Orange County Veterans Memorial agreed as follows: TOWN SUPPORT; Orange County Veterans Memorial agrees to provide the services described in the Scope of Services attached to this Agreement as Exhibit A and incorporated herein by reference. The Town allocated the sum of Five Thousand Dollars for fiscal year 2019-2020. The Town does not obligate itself to provide any other support to Orange County Veterans Memorial this fiscal year or in succeeding years. VOLUNTARY AGREEMENT NOT TO DISCRIlVIINATE.: Orange County Veterans Memorial agrees to administer all functions without discrimination because of race, creed,sex,national origin,age,economic status,sexual orientation,gender identity or gender expression. INDEMNIFICATION AND HOLD HARMLESS: Orange County Veterans Memorial agrees to indemnify and hold harmless the Town of Chapel Hill and its officers,agents and employees from all loss,liability,claims or expense(including reasonable attorneys'fees) arising from bodily injury,including death or property damage to any person or persons proximately caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town- INSURANCE PROVISIONS: The Town requires evidence of Orange County Veterans Memorial current valid insurance during the duration of this Agreement and further requires that the Town be named as an additional insured. The required coverage limits are$1,000,000 per occurrence for Comprehensive General Liability and Business Automobile. Worker's Compensation coverage requirements are$100,000 for both employer's liability and bodily injury by disease for each employee and$500,000 for the disease policy limit. If the agency is doing direct work with minors(individuals under the age of 18)the Town requires coverage for claims related to Sexual Abuse&.Molestation,with coverage limits of$1 million for each Occurrence and$2 million Aggregate, If the agency is transmitting personal identifiable information,or protected health information and disseminating it electronically,the Town requires Cyber liability coverage,with coverage limits of$1 million Each Occurrence and$2 million Aggregate. E-VERIFY: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.Further,should Contractor utilize a subcontractor(s),Contractor shall require the subcontractor(s)to comply with the requirements of Article 2,Chapter 64 of the General Statutes. PAYMENT AND DOCUMENTATION: The appropriation shall be paid to Orange County Veterans Memorial pursuant to the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The Town's obligation to make the payment is contingent upon receiving satisfactory documentation and accounting of expenditures as detailed in the attached Exhibit A and submission of a progress report using the template provided by Town staff. FINANCIAL RECORDS: Orange County Veterans Memorial agrees to ftm ish the Town with a progress report as detailed in the completed Application attached as Exhibit B and incorporated herein by reference. In addition, Orange County Veterans Memorial agrees to allow the Town to inspect its financial books and records upon reasonable notice during normal working hours. SCOPE OF SERVICES Orange County Veterans Memorial agrees to provide services,described in the Scope of Services attached hereto as Exhibit A and the Application attached as Exhibit B and incorporated herein by reference,to residents of Chapel Hill and to maintain a high level of professionalism in the provision of these services. TERMINATION FOR CAUSE: In the event that Orange County Veterans Memorial shall cease to exist as an organization or shall enter bankruptcy proceedings,or be declared insolvent,or liquidate all or substantially all of its assets,or fails to provide the services described in the attached work statement or shall significantly reduce its services or accessibility to Chapel Hill residents during the term of this Agreement,or in the event that Orange County Veterans Memorial shall fail to render a satisfactory accounting as provided herein,then and in that event the Town may terminate this Agreement and Orange County Veterans Memorial will return all payments already made to it by the Town for services which have not been provided or for which no satisfactory accounting has been rendered. [SIGMA7VRES ONFOLL0WING PAGE.] This Performance Agreement is between the Town of Chapel Hill and Orange County,for services further described herein. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. ORANGE COUNTY SIGNATURE PRINTED NAME& TITLE 19'�:7 Cam,►ft1-j1bf:-- olylllvw'e#_ J, .7, �. A EST PRINTED N & TITLE TOWN OF CHAPEL HILL XECUTIVE DIRECTOR R 1 '� VV` U�\ FRINfAD NAMM &DEPARTMtNT ATTEST BY T RK: � u TOWN CLERK TOWN SEAL Town Clerk attests date this thOZ ) day of q"AiZQ 20 Approved as tonForm and Authorization a�v U TOWN LEGAL STAFF This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act, z�. FINANCE O FICER DATE Or Scope of Services—Fiscal Year 2019-20 Human Services Performance Agreement Exhibit A The Town will reimburse Orange County for the service described below in accordance with the terms and conditions of this Performance Agreement, dated 2020 and incorporated herein by reference. Agency Name- Orange County Program Name: Orange County Veterans Memorial Funding Award Amount: $5,000 Semi-Annual Reports due January 17, 2020 and July 10,2020 Program description: Please describe in one sentence the services the agency will be performing during the FY2019-20. The memorial is open due to the Committee supporting the County and we will conduct two ceremonies on Veterans Day and Memorial Day. Expenditures: Please outline how the agency will spend the Town of Chapel Hill funding award based on your FY2019- 20 Outside Agency Application. Expenditures(provide itemized list) Amount Permanent Flagpole $5,000 Exhibit B COVER PAGE Applicant Contact_Information Applicant Organization's Legal Name: Orange Co unty Veterans Memorial Applicant Organization's Physical Address:501 W Franklin St, Chapel Hill, NC 27516 Applicant Organization's Mailing Address: 169 Boone Square St #223 Hillsborough, NC 27278 Applicant Organization's Web Address:http://www.orangecountyveteransmemoriaLcom Executive Director: Bruce Runber Telephone Number: 919-928-4413 E-Mail: brunbergU@pmail.com Tax I❑ Number:82-1498867 Funding Request Please list all Fiscal Year 2020 Human Services(H5)funding requested for all programs and the proposed use of funds(please list program name only) Program Carrboro- Chapel Orange Total HS Hill-HS Count -HS Orange County Veterans Memorial $25,000 $50,000 $50,000 $125,000 Develop walkways and rest areas for visitors to the memorial park area to include seating and educational kiosks displays. Totals $25,000 $50,000 $50,000 $125,000 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. Signature: Bruce Runber 1/22/2019 Executive Director(Committee Date Signature: Cnl�s Merritt 1/22/2019 Board Chairperson (Committee Co-Chair) Date Cover Page Page 5 ❑ f 19 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 ❑ ® a) Employees of or closely related to employees of the Town of Carrboro,the Town of Chapel Hill, or Orange County? ❑ ® 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? ❑ ®c) Current beneficiaries of the program for which funds are being requested? ❑ ® 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: Bruce Runber IL22/2019 Executive Director(C mmitte -- Date Signature: C�ge�sMerri 1/22/1019 Board Chairperson(Committee Co-Chair) Date Cover page R a g e 6 0 r 1 9 AGENCY INFORMATION Please provide the following information about your agency: 1. Date of Incorporation (Month/Year). Est. April 2013 Pending. Now fundraising under Orange County Community Giving Fund and supported by Orange County. 2. Agency's Purpose/Mission (no more than a few sentences): To bring elements of the Orange County community together to build a community memorial that honors those who have served their country, especially the citizens of Orange County. 3. Please provide a brief description of your organization's past achievements in carrying out similar projects and evidence of successful record of meeting proposed budgets and timetables(no more than 100 words). The Committee has gathered support and partial funding of the Veterans Memorial, obtained a three-acre park site for the memorial (donated by Orange County), completed design and development phases,gained community and government support for the memorial, and has completed the initial site development(Phase 1), and raised the necessary capital to fund current efforts. 4. Living Wage: Does this agency pay permanent employees a minimum livingwage?(Yes/Na)N/A If yes,is this agency an Orange County Living Wage Certified Employer? If no, please briefly explain. The Committee has no paid employees; however, contracts for completion of Memorial are let through Orange County(a Living Wage Certified Employer). Schedule of Positions: #of FTE—Full-Time Paid Positions: 0 #of FTE—Part-Time Paid Positions:-a- PROGRAM INFORMATION *Please submit for each program if applying for funding for more than one program. S. Program Name:Orange County Veterans Memorial. Program Primary Contact and Title: Bruce Ru n be rg, Committee Chairman Telephone Number: 919-928-4413 E-Mail: brunber 17 mail.com 6. Please briefly describe the proposed program, including an explanation of haw it aligns with the Town of Chapel Hill and Carrboro's Results Framework and Orange County SOCC Goals and Priorities and the target population to benefit from the program. (100 words or less) Our mission is to build a Veterans Memorial situated on a three-acre site at 2501 Homestead Rd, Chapel Hill; co-located with the Seymour Center and Orange County Southern Resources Center. The county has provided he site for the memorial. The Site is handicapped and student accessible. All Chapel Hill-Carrboro and Orange County residents' benefit (100%). Phase 1, physical site clearing and temporary walkways, is now complete. Phase 11, permanent flagpole and stone/brickwork, is projected to start May 2019 around the flagpole. Program inforniatiorl Page 7 of 19 7.Target Population: Please complete the table below with numbers(not percentages)of individuals served and projected to be served. The Veterans Memorial is a gift of the people of Orange County, Is sponsored by Orange County,and serves all citizens and visitors to Orange County. As such,the memorial demographics are the same as that for Orange County as projected for 2019-20. Program Target Population Demographics Projected Actual Estimated Projected 2017-18 2017-18 2018-19 2019-20 Gender Men Women N on b ina ry/Genderq ueer Self-Describe Total 0 0 0 :7071 Race and Ethnicity Black or African-American American Indian or Alaska Native Asian White Native Hawaiian or other Pacific Islander Other:specify Total 0 0 0 0 Of the above,how many Hispanic/Latinx Of the above,how many non-Hispanic/Latinx Total 0 0 0 0 Age 0-5 years 6-18 years 19-50 years 51+years Total 0 0 0 0 Geographic location Town of Chapel Hill Town of Carrboro Orange County(Outside of Chapel Hill/Carrborof Outside of Orange County Total 0 0 0 0 Income Low-income(80%of the Area Median income and Below) Please see Income table in the attachments Total 0 0 0 Q Program information P a g e 8 o f 1 9 8. Cost Per Individual This cost per individual must reflect the total program budget divided by the total number of program individuals in this application. Actual 2017-18 Estimated 2018-19 Projected 2019-20 Total Cost of Program Total #of Individuals Cost Per Individual 9. Performance Indicators NEW THIS YEAR! For Chapel Hill and Carrboro applicants: Please complete the following chart with information about the Strategic Objective, intermediate Result,and the Agency Performance Indicator for each program for which you are applying for funding. Please see the Results Framework in the Attachments section as a reference. Program Name: Strategic X Children improve their educational outcomes Objective (please choose one from ❑ Residents Increase their livelihood security the Results Framework) © X Residents improve their health outcomes Intermediate Intermediate Result 1.2:Children demonstrate new grade-level-approprlate skills(grades K- Result 12) (please choose one fi•oni Intermediate Result 3.2:Residents demonstrate new healthy lifestyle behaviors the Results 1 ramework) RESULTS Actual Estimated Projected 2017-18 2018-29 2019-20 Performance Intermediate Result 1.2: a1,500 Indicators %and#of program{participants (Please choose at least that improve classroom one perforetance behavior indicator to repo)'t on 0 %and#of program from the Results participants that express Fminework,and add additional performance greater confidence in their indicators thatyou ability to be successful at school 4'r ;r.ui i:tirtr irr,tiiorr Page 9 ❑ f 19 would like to report to %and 9 of program the Towns. Please insert participants that express additional rows as needed.listing one per greater confidence in their row), leadership and pro-social abilities ■ %and #!of program participants who plan on attending post-secondary education Intermediate Result 3.2: N of people reporting healthier functionality and lifestyle behaviors(improved nutrition, conflict resolution skills,stress reduction practices,exercise at least 30min 3x a week,annual check-ups,etc.) Program Information P a g e 1 0 o f 1 9