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HomeMy WebLinkAbout2020-679-E-Housing-Community Link1 MEMORANDUM OF AGREEMENT This Agreement, made and entered into this 30th day of ____September___, 2020, (“Effective Date”) by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, by and through its Orange County Department of Housing and Community Relations, its Orange County Housing Authority, and its Orange County Partnership to End Homelessness (hereinafter, individually and collectively, “Orange County”), party of the first part; and Community Link, (hereinafter, “Community Partner”), party of the second part. 1. PURPOSE The Parties hereby agree to jointly enter into this Memorandum of Agreement (“MOA”) as part of the County’s “Move On” strategy (hereinafter, the “Program”) in order to assist Orange County residents in permanent supportive housing (“PSH”) who no longer want or need intensive services offered in PSH but continue to need assistance in maintaining their housing. 2. SERVICES A. The services to be provided will begin September 30, 2020 and continue until terminated in accordance with Section 4. Term and Termination of this MOA. B. Community Partner is responsible for the following services: a. PSH case managers will identify and refer potential Program participants through ongoing case management practices. Potential Program participants will meet the following criteria: (1) do not need a high level of ongoing case management, (2) can live independently in the community, and (3) are able to contribute 30% of income to rent. b. In advance of recommending clients for the Program, PSH case managers will connect the potential Program participants to a full array of mainstream resources, including but not limited to SNAP benefits, SSI/SSDI, etc., and community supports, like therapy, peer support services, and faith communities. c. PSH case managers will work together with the County’s Housing Access Coordinator to identify a new unit for Program participants with landlords who are unwilling to take the Housing Choice Voucher, which will replace the client’s PSH voucher under the Program. d. PSH case managers shall work to stabilize Program participants in need of a higher level of service with the Housing Choice Voucher, and if necessary, move clients back to a PSH voucher when one becomes available. e. Fill slots in the PSH program made available through the Program or turnover using the County’s coordinated entry process. C. County is responsible for the following services: a. The Orange County Housing Authority shall provide Housing Choice Vouchers to eligible Program participants pursuant to the criteria in its Administrative Plan, which Plan can be viewed at http://orangecountync.gov/1098/Section-8-Housing-Choice- Voucher-Program b. County will contact Community Partner upon learning of any issue with a Program participant’s housing and inform Community Partner what services are needed by the Program participant DocuSign Envelope ID: 17747A70-A9CC-4443-B4DA-7B5919C7669F 2 3. TERM AND TERMINATION – This MOA may continue annually. Any party may cancel their involvement in this MOA arrangement with a thirty (30) day written notice to each Party’s identified representative as listed in this document. Also, any party may terminate their participation in this MOA for any reason and without penalty upon thirty (30) days written notice to all other parties. 4. AMENDMENT - The terms of this MOA may only be modified or amended with a written Amendment executed by the parties. 5. NOTICES – Written notices are required to be mailed to all parties by being sent to the attention of the contact persons listed herein: Orange County Attn: Corey Root 300 W. Tryon Street Hillsborough, NC 27278 Phone: 919-245-2496 croot@orangecountync.gov Community Partner Attn: Nicole Dewitt Address: 601 East 5th Street, Suite 220, Charlotte, NC 28202 Phone: 704-943-9516 Email: NDewitt@communitylinknc.org 6. INDEPENDENT CONTRACTOR – The Parties shall operate as independent contractors for all purposes. Without waiving any applicable government or sovereign immunity, the Parties agree to each be solely responsible for their own acts or omissions in the performance of each of their individual duties hereunder, and shall be financially and legally responsible for all damages proximately caused by their individual acts or omissions. 7. WAIVER - No Party’s failure to insist on enforcement of any rights under this MOA at any time or for any period of time shall be deemed waiver of those rights. The waiver by any Party to this MOA of a breach of any provision hereof shall not operate or be construed as a waiver of any subsequent breach. 8. HEADINGS - The headings set forth in this MOA are for convenience only and shall not in any way affect the substance of any provisions contained in this MOA. 9. SEVERABILITY - The provisions of this MOA are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other provision or other provisions may be invalid or unenforceable in whole or in part. 10. GOVERNING LAW AND VENUE – This MOA shall be governed by the laws of the State of North Carolina. Venue shall be proper and shall lie exclusively in the Superior Court of Orange County North Carolina. Community Partner shall at all times remain in compliance with all local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of this requirement is a breach of this Agreement and Orange County may immediately terminate this DocuSign Envelope ID: 17747A70-A9CC-4443-B4DA-7B5919C7669F 3 Agreement without further obligation on part of Orange County. This paragraph is not intended to limit the definition of breach to discrimination. By executing this Agreement, Community Partner affirms that Community Partner is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Community Partner certifies that Community Partner has not been identified, and has not utilized, the services of any agent or subcontractor, on this list created by the State Treasurer pursuant to G.S. 147-86.58. 11. ENTIRE CONTRACT AND SIGNATURES - This MOA sets forth the entire agreement between the Parties with respect to the subject matter hereof. All prior conversations or agreements, whether written or oral among the Parties hereto or their representatives are merged within and extinguished. Except as provided herein, no modification hereof shall be binding upon the Parties unless the same is in writing and signed by all. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent to the Parties to comply with Article 11A and Article 40 of the North Carolina General Statutes Chapter 66. IN WITNESS WHEREOF, the Parties have set their hands and seals as of the day and year written above. ORANGE COUNTY By: ________________________ Bonnie Hammersley, County Manager COMMUNITY PARTNER By: ________________________________ Floyd R. Davis, Jr, President & CEO DocuSign Envelope ID: 17747A70-A9CC-4443-B4DA-7B5919C7669F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/28/2020 Marsh &McLennan Agency LLC 5605 Carnegie Blvd Suite 300 Charlotte NC 28209 Christina Luckey,CISR CLCS 704-556-3329 212-948-9366 Christina.Luckey@marshmma.com Key Risk Insurance Company 10885 COMMU09 Selective Insurance Company of America 12572CommunityLinkProgramsof Travelers Aid Society 601 E.5th Street,Suite 220 Charlotte NC 28202 Travelers Casualty and Surety Company 19038 217197830 B X 1,000,000 X 1,000,000 10,000 1,000,000 3,000,000 X S244832900 7/1/2020 7/1/2021 3,000,000 Abuse &Molestation 1M/3M B 1,000,000 X X S244832900 7/1/2020 7/1/2021 B X X 1,000,000S2448329007/1/2020 7/1/2021 1,000,000 X 10,000 A XKEY01350887/1/2020 7/1/2021 500,000 500,000 500,000 C B D&O,EPLI,Crime Social Service Professional 106945321 S244832900 7/1/2020 7/1/2020 7/1/2021 7/1/2021 D&O,EPLI,Crime Professional Liabilit See Below 1M/3M Occ/Agg Orange County Housing and Community Development are additional insureds with respect to general &auto liability. Orange County Housing &Community Development 300 W.Tryon St. Po Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: 17747A70-A9CC-4443-B4DA-7B5919C7669F Revised 07/20 9 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Community Link Party/Vendor Contact Person: Nicole Dewitt Contact Phone: 704-943- 9516 Party/Vendor Address: 601 East 5th Street, Suite 220 City Charlotte State: NC Zip: 28202 Department: OCHCD Amount: N/A Purpose: Budget Code(s): N/A_ Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 9/30/20 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 17747A70-A9CC-4443-B4DA-7B5919C7669F 10/1/2020 10/1/2020 10/2/2020 10/2/2020