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HomeMy WebLinkAboutAgenda - 06-04-2024; 6-b - Approval of a Contract with The Chamber for a Greater Chapel Hill-Carrboro to Provide Community Advocate Services in Partnership with Chapel Hill and Carrboro 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 4, 2024 Action Agenda Item No. 6-b SUBJECT: Approval of a Contract with The Chamber for a Greater Chapel Hill-Carrboro to Provide Community Advocate Services in Partnership with Chapel Hill and Carrboro DEPARTMENT: County Manager ATTACHMENT(S): INFORMATION CONTACT: Draft Contract and Scope of Work Travis Myren, (919) 245-2308 PURPOSE: To approve a contract with The Chamber for a Greater Chapel Hill-Carrboro to provide Community Advocate services that will support existing enterprises and new business starts in Orange County that are owned by Black, Latine, and refugee individuals as well as individuals with disabilities. BACKGROUND: At its March 12, 2024 work session, the Board of Commissioners discussed a proposal from The Chamber for a Greater Chapel Hill-Carrboro to jointly fund a Chamber employee to support the growth of new and existing Black, Latinx, and refugee owned businesses. Under the proposal, Orange County would contribute $30,000 per year to support the position. The other funding partners would be the Town of Chapel Hill, Town of Carrboro, and the Chamber. The Town of Chapel Hill would contribute $30,000 annually, and the Town of Carrboro would contribute $20,000 annually. Both of those commitments would be for three years. The Board asked that staff create a contract for these services. The term of the contract is July 1, 2024 through June 30, 2027 and would require the County to contribute $30,000 annually during the three-year term. Based on feedback from the Board, the contract contains the following features: 1. Expands the scope of the populations served to include individuals with disabilities. 2. Information to small business owners, local farms, and food processing ventures about the County's Small Business Grant & Agriculture Grant programs. 3. Introduction to the County's small business assistance counselors, including Durham Technical Community College's "Small Business Center", the LAUNCH Chapel Hill tech incubator, the Small Business Technology Development Center (SBTDC), SCORE mentors, the Piedmont Food Processing Center, EMPOWERment, Inc. & Brightpath Solutions, the North Carolina Department of Administration's "N.C. Minority Business Development Agency Business Center", the U.S. Small Business Center, and the Self-Help Credit Union. 2 4. Referrals to Orange County Economic Development and the Towns' economic development staff to locate suitable real estate locations. 5. Coordination of workforce development and talent access strategies with the Orange County Department of Social Services, NC Works/Skills Development Center office, and Durham Technical Community College. 6. Introduction of agricultural ventures to Orange County Cooperative Extension for direct assistance. 7. Seek and incorporate feedback from Orange County Economic Development, Chapel Hill Economic Development, and Carrboro Economic Development offices. 8. Provide annual reports to the Orange County Board of County Commissioners and more regular reports to the County Manager and economic development staff. FINANCIAL IMPACT: The contract requires the County to make an annual payment to The Chamber for a Greater Chapel Hill-Carrboro of $30,000 for three years. Funding is included in the Manager's Recommended FY 2024-25 Budget from Article 46 sales tax proceeds. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Manager to sign the contract with The Chamber for a Greater Chapel Hill-Carrboro for Community Advocate services that will support existing enterprises and new business starts in Orange County that are owned by Black, Latine, and refugee individuals as well as individuals with disabilities. 3 [Departmental Use Only] TITLE Community Advocate for Priority Populations FY 2023-24 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 4th day of June, 2024, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and The Chamber for a Greater Chapel Hill-Carrboro, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider,for the consideration herein named,do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Providing a full time Community Advocate to support existing enterprises and new business starts in Orange County that are owned by Black, Latine, and refugee individuals as well as people with disabilities. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the Revised 01/24 1 4 performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost,the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. Revised 01/24 2 5 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See Exhibit A- Scope of Services 4. Duration of Services a. Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2027. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime,as necessary,to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2024. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. Payment shall not exceed thirty thousand dollars ($30,000) annually. The maximum amount payable for Basic Services for the full term shall not exceed ninety thousand Dollars ($90,000). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly (as determined by the County) invoicing County on an annual basis. Said annual invoices to be submitted on June 30th of each year of the term. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement,County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated(Steve Brantley) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. Revised 01/24 3 6 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or 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 provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days'prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the Revised 01/24 4 7 terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to,job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven(7)days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. 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 identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider 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. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each Orange Revised 01/24 5 8 County policy is incorporated herein by reference and may be viewed at htip://www.orangecountync.gov/departments/Turchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution.Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Parry, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents,items or things that are specific to this Project such documents,items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents,items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds.It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County's statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. Revised 01/24 6 9 i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider's Name Attention:Steve Brantley The Chamber for a Greater Chapel Hill-Carrboro P.O. Box 8181 104 S. Estes Dr. Hillsborough,NC 27278 Chapel Hill,NC 27514 [SIGNATURE PAGE TO FOLLOW] Revised 01/24 10 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: By: Bonnie Hammersley, County Manager Aaron Nelson, President and CEO Printed Name and Title Revised 01/24 8 11 EXHIBIT A — Scope of Work The Chamber for a Greater Chapel Hill-Carrboro will provide a full time Community Advocate to support existing enterprises and new business starts in Orange County that are owned by Black, Latine, and refugee individuals as well as individuals with disabilities (hereinafter "priority populations"). The Community Advocate is responsible for designing and executing a multi-year effort to identify enterprises and entrepreneurs in priority populations, assess their needs and challenges, help them navigate a complex system of organizations and support, and connect them to needed resources for the purpose of strengthening existing enterprises and supporting new entrepreneurs and improving long-term success. Duties and Responsibilities: 1. Identify, train, and deploy dedicated personnel to support local priority population- owned businesses. 2. Create and maintain a list of local priority population enterprises and share that list with local economic development partners. 3. Conduct and share the results of an annual economic conditions and needs assessments of local priority population enterprises through survey and interviews. 4. Build trusting relationships and serve as a navigator and connector that identifies enterprises and entrepreneurs and connects them to the people, information, and resources they need to succeed. 5. Inform priority population small business owners, local farms, and food processing ventures about the financial resources available through the County's Small Business Grant & Agriculture Grant programs and introduce prospective grant applicants to the Orange County Economic Development office for assistance. 6. Introduce priority population business owners to the County's small business assistance counselors, including Durham Technical Community College's 'Small Business Center", the LAUNCH Chapel Hill tech incubator, the Small Business Technology Development Center (SBTDC), SCORE mentors, Piedmont Food Processing Center, EMPOWERment, Inc. & Brightpath Solutions, the North Carolina Department of Administration's "N.C. Minority Business Development Agency Business Center", the U.S. Small Business Center, and the Self-Help Credit Union. 7. Refer small businesses requesting help to locate suitable real estate locations to Orange County Economic Development and the Towns' economic development staff. 8. Coordinate workforce development and talent access strategies with Orange County Department of Social Services, NC Works/Skills Development Center office, and Durham Technical Community College. 12 9. Introduce agricultural priority population ventures to Orange County Cooperative Extension for direct assistance. 10.Promote existing programming, and create new programming as needed, that connects and convenes business owners and entrepreneurs with each other, community partners, and resources. 11.Provide staff support to the Black Business Alliance and improve connections to the business-creation and support efforts of community partners like EI Centro Hispano and local refugee-support organizations. 12.Work with economic development partners and priority population enterprises and entrepreneurs to identify local policy changes and systems improvements that would increase local business success and communicate them to policy leaders and decision makers. 13.Regularly seek and incorporate feedback from Orange County Economic Development, Chapel Hill Economic Development, and Carrboro Economic Development offices. 14.Provide annual reports to the Orange County Board of County Commissioners and more regular reports to County manager and economic development staff. Key Measures and Outcomes • Business growth and retention • Determine current priority population business retention and persistence rates and work with partners to set a 4-year growth goal and achieve it. • Creation of new enterprises 400 new priority population-owned enterprises by FY2028 • Economic mobility: • Priority population per capita income grows faster than the county average per capita income • Strengthening business network and community • Year over year increases in priority population event and program participation, grant applications, business-support organization engagement • Improved reputation: • Improvement in brand and reputation of Greater Chapel Hill-Carrboro as a great place for priority populations to start and grow an enterprise.