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HomeMy WebLinkAbout2021-463-E-Health-Chapel Hill Downtown Partnership-Chapel Hill Downtown Partnership-Assist with funding positionPage 1 of 4 Memorandum of Understanding By and among The Orange County Health Department and The Chapel Hill Downtown Partnership PURPOSE High-risk drinking is often cited as one of the single biggest issues negatively impacting universities and their towns. To address this complex public health issue in Chapel Hill, the Town/Gown Collaborative (“Collaborative”) was formed. This diverse and engaged group of town leaders, campus administrators, students and community leaders worked closely together during the 2013-14 academic year to understand the myriad of factors that contribute to high-risk drinking, and to identify evidence-based and promising environmental strategies to reduce its negative effects at The University of North Carolina at Chapel Hill (“University”) and on the Town of Chapel Hill and surrounding community. After carefully reviewing the data, conducting many stakeholder listening sessions and reviewing evidence regarding successful strategies to address this issue, the Collaborative used a series of guiding principles to develop a comprehensive set of 22 recommendations to reduce the negative impacts of high-risk drinking on three areas: the University, Neighborhoods/Community, and Downtown. These recommendations are intended to be synergistic, not stand-alone. In the 2019-2020 academic year, the Campus & Community Coalition updated these strategies in its 2020 Action Plan. The Action Plan strategies are divided into 18-month and 3-year timeframes and are drawn from the most promising strategies from the original Collaborative’s recommendations as well as national evidence-based and promising practices. Orange County, on behalf of its Orange County Health Department (“County,” 300 W. Tryon Street, Hillsborough, NC 27278), is working with the Chapel Hill Downtown Partnership (“Partnership,” 128 E. Franklin St, Suite 240, Chapel Hill, NC 27514) to support a staff position responsible for implementing the recommendations of the Collaborative and guiding the work of the Campus and Community Coalition to Reduce Negative Impacts of High Risk Drinking. This staff position, which is known as the Campus & Community Coalition Director for Alcohol/Substance Abuse Prevention Initiatives (“Director”), will be employed exclusively by the Partnership. This Memorandum of Understanding (“MOU”), which serves as a continuation of the original MOU, as well as a renewal from September 1, 2018 – August 31, 2021, made and entered into by and between the County, and Partnership dictates the responsibilities of the County and the Partnership as they relate to the hiring, supervision, and funding of the Director position. This MOU is separate and distinct from any other such agreements between the Parties. WITNESSETH That for and in consideration for the mutual promises and conditions set forth below, the Parties agree as follows: DocuSign Envelope ID: D0AB68EE-7A01-4A15-841B-60900F644BDC Page 2 of 4 1. Duties of the Partnership. The Partnership agrees to: A. Serve as the recipient of a $30,000 annual payment and facilitate the application process (led by the Director) for an annual Community Grant of $30,000 from the Orange County (NC) ABC Board or other grants as appropriate The Partnership shall provide fiduciary oversight of these funds and use the annual payments and grant funds exclusively for the Director’s salary, health insurance, retirement contributions, payroll taxes, supplies, programming initiatives, professional development, management fee and costs related to the search for the position so long as the Director is employed. B. Employ the Director as a full-time employee of the Partnership, with all of the benefits and obligations that full-time employment with the Partnership typically entails. C. Assure that the Director complies with all Partnership policies and procedures. D. Supervise and oversee the Director and establish that the Director shall report directly to the Partnership’s Executive Director. E. Permit the Director to participate in appropriate Partnership operations, both publicly and internally. F. Develop collaboratively with the County a means of effective evaluation of the Director’s work, adhering to specific work plans and key objectives established in consultation with the County. G. Keep the County abreast of specific personnel policies of the Partnership that would affect the daily work of the Director. H. Provide the Director access to all Partnership office resources and desk space if needed. I. Oversee implementation of a budget and activities set forth within the Director’s job description. J. Convene the search process for the Director position, should the Director position become vacant, with participation from the County on the search committee. K. Invoice the County according to the provisions set forth below. 2. Duties of the County. The County agrees to: A. Develop jointly with the Partnership, Town, and University a means of effective evaluation of the Director’s work by the partners, adhering to specific work plans and key objectives established by the Town, University, and County. B. Pay quarterly invoices, as submitted to the County by the Partnership, not to exceed $30,000 over the 12 months of this MOU. C. Provide guidance and support for CCC priorities and operations. D. Serve in a governance committee to oversee the implementation of the Director position. E. Serve on the search committee for the Director position should the position become vacant. Payment: The County shall pay the Partnership within 30 days of receipt of valid invoices on a quarterly basis. The Partnership’s ability to employ the Director is contingent upon the ongoing and complete funding from the, County contemplated by this MOU. DocuSign Envelope ID: D0AB68EE-7A01-4A15-841B-60900F644BDC Page 3 of 4 Governance: In addition to the supervisory responsibilities of the Partnership and Partnership’s Executive Director, there shall be an Executive Committee of the Coalition that meets at least monthly during the period of the MOU. The Executive Committee shall be comprised of designees of the Town Manager of Chapel Hill, the University Vice Chancellor for Student Affairs, and the Orange County Health Director. The total number of designees shall be no less than 3 (three) and no more than 6 (six). The Executive Committee will assist, with the Director, in goal setting, establishment of metrics of success, prioritization of Coalition action, and offer input on new initiatives, quarterly Coalition meetings, and new community partners to invite into the organization. The Executive Committee will provide Coalition updates to Town, University, and Health Department leadership on a monthly basis. Hold Harmless: The Partnership agrees to defend, indemnify, and hold harmless the County from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from any injury, death, or damages caused in whole or in part by the negligence or willful misconduct of the Partnership, including the Director, except to the extent caused by the negligence or willful misconduct of the County. Amendments: This MOU may be amended, in writing, by mutual agreement of the Parties. Term: This MOU is established for three years, from September 1, 2021 – August 31, 2024. Non-Appropriation Clause: The Parties acknowledge that County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and/or not appropriated for the performance of County, obligations under this contract, then this contract shall automatically expire without penalty to the County thirty (30) days after written notice to Contractor of the unavailability and/or non-appropriation of public funds. It is expressly agreed that the County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its operations. Termination: The Parties, collectively and individually, reserve the right to terminate the Agreement for any reason upon 90 days written notice. 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, Partnership affirms that Partnership and any subcontractors of Partnership are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Partnership certifies that Partnership has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. By executing this Agreement Partnership certifies that Partnership has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. DocuSign Envelope ID: D0AB68EE-7A01-4A15-841B-60900F644BDC Page 4 of 4 Non-discrimination: In matters of employment, provision of services and contracting, the Parties agree to act without regard to race, color, national origin, sex, gender, religion, age, national origin, genetic information, sexual orientation, gender identity, gender expression, veteran status, or disability. Entire Agreement: This MOU shall constitute the entire agreement of the Parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this MOU that are not expressly addressed herein. All prior agreements, understandings and discussions related to the establishment and maintenance of the Director position are hereby superseded by this MOU. DOWNTOWN PARTNERSHIP ___________________________________________________________________ Matt Gladdek, Executive Director ORANGE COUNTY, NORTH CAROLINA ___________________________________________________________________ Bonnie Hammersley, County Manager DocuSign Envelope ID: D0AB68EE-7A01-4A15-841B-60900F644BDC Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Down Party/Vendor Chapel Hill Downtown Partnership Contact Person: Elinor Landess Contact Phone: 919-928-5735 Party/Vendor Address: 128 E. Franklin Street, Suite 240 City Chapel Hill State: NC Zip: 27514 Department: Health Amount: $30,000 Purpose: Assist with funding staff position to implement recommendations to reduce the negative impacts of high risk drinking. Budget Code(s): 10410020-630000 Vendor # 57168 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 7-1-21 Approved by Board Yes No Agenda Date: -- - For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state wo rk 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 affirmatio n. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: 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: D0AB68EE-7A01-4A15-841B-60900F644BDC 8/18/2021 8/18/2021 8/23/2021 8/23/2021 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/16/2021 (919) 636-3252 2 10023 Chapel Hill Downtown Partnerships 128 East Franklin Street, Suite 240 Chapel Hill, NC 27516 A 1,000,000 X 2021-60162 6/3/2021 6/3/2022 500,000 20,000 1,000,000 2,000,000 2,000,000 1,000,000A 2021-60162 6/3/2021 6/3/2022 Certificate holder is added as Additional Insured as respects General Liability as required by written contract. Orange County 300 West Tryon Street Hillsborough, NC 27278 CHAPHIL-01 VDECAMP Titan Risk Consultants LLC107 Conner Drive, Suite 225Chapel Hill, NC 27514 Victoria DeCamp v.decamp@titanriskconsultants.com Alliance for Non-Profits X X X X DocuSign Envelope ID: D0AB68EE-7A01-4A15-841B-60900F644BDC ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/17/2021 (919) 913-1144 (919) 913-1155 27120 Chapel Hill Downtown 128 E. Franklin St. Suite 240 Chapel Hill, NC 27514 A 22WBCAC8SPW 3/8/2021 3/8/2022 500,000 500,000 500,000 Orange County 300 West Tryon Street Hillsborough, NC 27278 CHAPHIL-18 LPOPE High & Rubish Insurance 6015 Farrington Rd., Ste 101 Chapel Hill, NC 27517 Trumbull Insurance Company X DocuSign Envelope ID: D0AB68EE-7A01-4A15-841B-60900F644BDC