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HomeMy WebLinkAbout2024-447-E-Health Dept-Chapel Hill Downtown Partnership-Assist with funding staff position to implement recommendations to reduce the neg impact of high risk drinkingPage 1 of 5 Memorandum of Understanding By and among The University of North Carolina at Chapel Hill, The Orange County Health Department, The Town of Chapel Hill, 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 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 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 spring of 2024, the Campus & Community Coalition will update its strategic plan with evidence-informed strategies utilizing a collaborative and data-driven process. , 300 W. Tryon Street, Hillsborough, NC 27278), and the University are working with the Chapel Hill Downtown 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 , will be employed exclusively by the Partnership. This , which serves as a continuation of the original MOU, as well as renewals from September 1, 2018 August 31, 2021 and September 1, 2021-August 31, 2024, made and entered into by and between the Town, County, University, and Partnership dictates the responsibilities of the Parties 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: AECF6952-0645-4FFA-B99F-36EC1463C80D Page 2 of 5 1. Duties of the Partnership. The Partnership agrees to: A. Serve as the recipient of a $94,500 annual payment (apportioned between the Town, University, and County as described below) and facilitate the application process (led by the Director) for an annual Community Grant of $31,500 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 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 Executive Director. E. Permit the Director to participate in appropriate Partnership operations, both publicly and internally. F. Develop collectively with the Town, University, and County a means of effective evaluation of the Director by the parties, adhering to specific work plans and key objectives established in consultation with the Town, University, and County. G. Keep the Town, County, and University 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 description. J. Convene the search process for the Director position, should the Director position become vacant, with participation from all parties below on the search committee. K. Invoice the Town, County, and University according to the provisions set forth below. 2. Duties of the Town. The Town agrees to: A. Develop jointly with the Partnership, County, and University a means of effective evaluation of the Director by the partners, adhering to specific work plans and key objectives established by the Town, University, and County. B. Pay quarterly invoices, as submit to the Town by the Partnership, not to exceed $31,500 over the 12 months of this MOU. C. Provide guidance and support for CCC priorities and operations, including annual discussions on updated funding needs. 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. 3. 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 by the partners, adhering to specific work plans Docusign Envelope ID: AECF6952-0645-4FFA-B99F-36EC1463C80D Page 3 of 5 and key objectives established by the Town, University, and County. B. Pay quarterly invoices, as submitted to the County by the Partnership, to be at most $31,500 over the 12 months of this MOU. C. Provide guidance and support for CCC priorities and operations, including annual discussions on updated funding needs. 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. 4. Duties of the University. The University agrees to: A. Develop jointly with the Partnership, County, and Town a means of effective evaluation of the Director 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 University by the Partnership, to be at most $31,500 over the 12 months of this MOU. C. Provide guidance and support for CCC priorities and operations, including annual discussions on updated funding needs. D. Serve in a governance committee to oversee the implementation of the Director position. E. Provide guidance to the Director regarding University priorities and operations on a regular basis. F. Serve on the search committee for the Director position should the position become vacant. Payment: The Town and County shall pay the Partnership within 30 days of receipt of valid invoices on a quarterly basis. The University shall pay the Partnership its entire payment at the outset of this MOU ability to employ the Director is contingent upon the ongoing and complete funding from the Town, County, and University contemplated by this MOU. Governance: In addition to the supervisory responsibilities of the Partnership and 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 Town, County, and University employees, and agents) from all loss, liability, claims or expense (including reasonable Docusign Envelope ID: AECF6952-0645-4FFA-B99F-36EC1463C80D Page 4 of 5 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 Town, County, or University. 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, 2024 August 31, 2027. Non-Appropriation Clause: The Parties acknowledge that the Town, County, and University are governmental entities, 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 Town, County, or University obligations under this contract, then this contract shall automatically expire without penalty to the Town, County, and/or University thirty (30) days after written notice to Contractor of the unavailability and/or non-appropriation of public funds. It is expressly agreed that the Town, County, and/or University 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. 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. TOWN OF CHAPEL HILL ___________________________________________________________________ Chris Blue, Town Manager DOWNTOWN PARTNERSHIP ___________________________________________________________________ Jeri Lynn Schulke, Executive Director THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Docusign Envelope ID: AECF6952-0645-4FFA-B99F-36EC1463C80D Page 5 of 5 ___________________________________________________________________ Amy Johnson, Vice Chancellor for Student Affairs ORANGE COUNTY HEALTH DEPARTMENT ____________________________________________________________________ Quintana Stewart, Health Director ORANGE COUNTY ___________________________________________________________________ Jamezetta Bedford, Chair, Orange County Board of County Commissioners Docusign Envelope ID: AECF6952-0645-4FFA-B99F-36EC1463C80D Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Chapel Hill Downtown Partnership Vendor Contact Person: Questian Telka Phone: 919-967-9440 Address: 128 E. Franklin Street, Suite 240 City Chapel Hill State: NC Zip: 27514 Department: Health Amount: $94,500 ($31,500/year) 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 Vendor Status with NCSOS: Current-Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 9/1/24 End Date 8/31/27 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. This agreement is approved as to technical form and content. Services related to this agreement have alread y begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: AECF6952-0645-4FFA-B99F-36EC1463C80D 7/30/2024 7/31/2024 8/1/2024 8/6/2024 7/29/2024 Titan Risk Consultants, LLC 107 Conner Drive, Suite 225 Chapel Hill, NC 27514 License #: 1000643509 Victoria DeCamp (919)636-3252 v.decamp@titanriskconsultants.com 00065710-0 3 Chapel Hill Downtown Partnership Jeri Lynn Schulke 128 East Franklin Street, Suite 240 Chapel Hill, NC 27516 Alliance of Nonprofits for Insurance 10023 A Y N 2024-60162 6/3/2024 6/3/2025X 1,000,000 20,000 1,000,000 2,000,000 2,000,000 Alliance of Nonprofits for Insurance 10023 A Y N 2024-60162 6/3/2024 6/3/2025 X X 1,000,000 Orange County, its officers, agents and employees are added as Additional Insured as respects General Liability and Business Auto Liability as required by written contract. Orange County, NC 300 West Tryon Street P.O. Box 8181 Hillsborough, NC 27278 (VCD) Printed by VCD on 07/29/2024 at 07:03PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 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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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Docusign Envelope ID: AECF6952-0645-4FFA-B99F-36EC1463C80D