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2024-518-E-Visitors Bureau=Orange County Living Wage-Outside Agency
Orange County Outside Agency Performance Agreement Revised 06/23—County Manager Version Page 1 of 10 OUTSIDE AGENCY PERFORMANCE AGREEMENT THIS AGREEMENT, made and entered into the first day of July 2024, (“Effective Date”) by and between the County of Orange, a political subdivision of the State of North Carolina, Post Office Box 8181, Hillsborough, North Carolina, 27278, ("County") and Orange County Living Wage, a not-for-profit corporation, located at 412 E Winmore Ave, Chapel Hill, North Carolina 27516 (“Provider”). WITNESSETH: WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need, as identified by the Board of Commissioners. NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and Provider agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1, 2024 to June 30, 2025. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Outside Agency Funding Application and any amendments or revision thereto which is attached as Exhibit “A” and incorporated by reference, to the residents of Orange County. The Scope of Services and the Program Budget may be different from the original application based on County appropriation; however, any revisions or amendments to this Agreement must be approved in writing by the County and attached to this Agreement as Exhibit B. b. The Provider shall be solely responsible for the means, methods, techniques, sequence, safety program and procedures necessary to properly and fully complete the work set forth in the Scope of Services. 3. Funding. a. The County agrees to appropriate for the provision of services described in Exhibit A, Scope of Services and more particularly described in the Revised Program Budget, the maximum sum of $10,000.00. b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not used for the purposes stated shall be returned to the County. Any changes in the use of funds must be authorized in writing by the County prior to any expenditure of the funds by the Provider. If the funds are expended not in accordance with the Scope of Services, at the discretion of the County the Provider may be required to repay the funds to the County. c. The Provider shall be paid in four equal installments in the amount of $2,500. The first payment is contingent upon receipt of the agency’s performance agreement; the remaining payments are contingent upon receipt of the request for reimbursement and related supporting documentation. d. The County’s obligation to make the quarterly payments is contingent upon receipt of Progress Reports, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Scope of Services. Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 2 of 12 Rev.06/24 e. Once Provider has satisfied its obligations as provided in (d) payment will be made 21 days after receipt of the Progress Report and Request for Reimbursement or 21 days after due date of Progress Report whichever is later. f. The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. a. Provider will provide Orange County a Progress Report that includes a fiscal report and updates on performance measures as outlined in the Scope of Services. Progress Report dates are: July 1 – December 31; January 1 – March 31 and April 1 - June 30. Reports are due on January 7, April 7 and July 7 of the program fiscal year. b. Provider agrees to allow the County to inspect its financial books and records, which document costs of those services, upon reasonable notice during normal working hours. 5. Termination. a. Termination for Cause. In the event of any of the circumstances set forth below (hereinafter referred to as “default”), the County may immediately terminate this Agreement, in whole or in part, and from time to time. Notice of termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination: i. In the event that Provider shall cease to exist as an organization or shall enter bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered; or iii. In the event of any fraudulent representation by the Provider in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iv. Nonperformance, incomplete service or performance, or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement, as determined by the County in its sole discretion. v. Failure to adhere to the terms of applicable county, state or federal laws, regulations, or stated public policy. b. In the event of default by the Provider, the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within ten (10) business days from written notice of default. The County may (but shall not be required to) grant the Provider an opportunity to cure the default without termination of this Agreement. This clause shall not be interpreted to limit the County’s remedies in law or in equity. c. Notwithstanding the foregoing, either party may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 3 of 12 Rev.06/24 least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination and any unused funds shall be returned to the County within 10 days of termination. d. Any termination of this Agreement for default under this section that is later deemed to be unjustified shall be deemed a termination for convenience. e. 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. 6. Responsibilities of the County. Cooperation and Coordination. The County has designated (Laurie Paolicelli) 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. 7. Insurance. a. General Requirements. The Provider shall purchase and maintain, during the period of performance of this Agreement, insurance: i. Worker’s Compensation. For protection from claims under workers' or workmen's compensation acts; ii. Cyber Liability. For protection from claims resulting from data breach, virus, and cyberattack; iii. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; iv. Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and v. Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Consultant or his agents, consultants and employees. vi. Sexual Misconduct. Sexual Abuse/Molestation Insurance is required when Provider works directly one-on-one with children, elderly or other at-risk populations. b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A ‐ Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 4 of 12 Rev.06/24 Statutory State NC, for each employee Limits for Coverage B ‐ Employers Liability of: $1 million Each Occurrence $1,000,000 BID limit • Cyber Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate *Only required for agencies transmitting personal identifiable information that is disseminated electronically. • Commercial General $1,000,000 Each Occurrence Liability $2,000,000 Aggregate • Automobile Liability $1,000,000 Each Occurrence *Only required for agencies doing travel as part of the agreement with the County. • Professional Liability $1,000,000 Each Occurrence $2,000,000 Aggregate • Sexual Misconduct $1,000,000 Each Occurrence $2,000,000 Aggregate *Only required for agencies doing direct work with minors (under the age of 18). c. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party and as a certificate holder. For more information see 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.) Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough, NC 27278 d. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity defenses. 8. General Provisions. a. 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 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 5 of 12 Rev.06/24 any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. b. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by Orange County 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, 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 Non-discrimination Policy, which is incorporated herein by reference and can be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The County may enforce this provision by an 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. c. 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 Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies if funds to pursue the same goal. The Orange County Living Wage Policy, which is incorporated herein by reference, can be viewed at: http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The County’s living wage is $17.65 per hour. To the extent possible, Orange County recommends that Provider provide a living wage to its employees. e. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. There are no third party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. f. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, ordinances, orders and regulations of the federal, state or local governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following execution of this agreement. g. Subcontract. The County and Provider deem the services provided under this Agreement to be personal in nature and Provider may not subcontract any rights or duties under this Agreement to any other party without prior written consent from the County. Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 6 of 12 Rev.06/24 h. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of the County. i. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful 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 section to require Provider to indemnify the County to the extent permitted under North Carolina law. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity defenses. j. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. k. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. l. 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. m. 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 Orange County Living Wage Attention: Laurie Paolicelli/CHOCVB Attention: Debbie Everly P.O. Box 8181 Address: 412 E Winmore Ave Hillsborough, NC 27278 Chapel Hill, NC 27516 Email:lpaolicelli@visitchapelhill.org Email: debbie@orangecountylivingwage.org n. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, the Orange County and the Provider have signed this Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of the Provider _____________________________ _______________________ Debbie Everly, Director Date For and on behalf of Orange County Government Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 8/30/2024 Orange County Outside Agency Performance Agreement Page 7 of 12 Rev.06/24 _______________________________ ________________________ Travis Myren, County Manager Date Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 9/5/2024 Orange County Outside Agency Performance Agreement Page 8 of 12 Rev.06/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Orange County Living Wage Vendor Contact Person: Debbie Everly Phone: 919-943-6432 Address: 412 E Winmore Ave City Chapel Hill State: NC Zip: 27516 Department: Econ Dev/Visitors Bureau Amount: $10,000.00 Purpose: Outside Agency Budget Code(s): 10290050-720113 Vendor # 801564 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 07/01/2024 End Date 06/30/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 06/18/2024); 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 already 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: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 8/30/2024 9/3/2024 9/4/2024 9/5/2024 Orange County Outside Agency Performance Agreement Page 9 of 12 Rev.06/24 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 1/14 Town of Chapel Hill, NC 1/31/2024 HSOA-24-41 Human Services/Outside Agencies Funding Application Fiscal Year 2025 Status: Active Submitted On: 1/12/2024 Applicant Debbie Everly 919-943-6432 development@orangecountylivingwage.org 106 Cynthia Drive Chapel Hill, NC 27514 Agency Information Agency's Legal Name Orange County Living Wage Agency's Mailing Address (Street, City, State & Zip Code) Post Office Box 1502 Agency's Physical Address (Street, City, State & Zip Code) 412 E Winmore Ave Chapel Hill, NC 27516 Agency’s Web Address https://orangecountylivingwage.org/ Tax ID: **-***5087 Date of Incorporation (Month/Year) July 2015 Executive Director Name Debbie Everly E-Mail Address debbie@orangecountylivingwage.org Telephone Number 919-943-6432 Exhibit ADocusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 2/14 Agency's Purpose/Mission Statement brief description of your organization’s past achievements Wages and Positions Does the agency pay permanent employees a living wage? Yes Is the agency an Orange County Living Wage Certified Employer? Yes Award Programs Check one or more of the following application types. Human Services Awards (Chapel Hill, Carrboro, and Orange County) Small Awards (Chapel Hill & Carrboro Applicants Only) Orange County Living Wage (OCLW) seeks to address a key root cause of poverty by elevating pay to a Living Wage for lower income workers. Poverty is associated with food insecurity, housing insecurity, as well as substandard childcare, education, and health. Many people living in poverty are employed in low paying jobs and do not earn sufficient wages (minimum in NC is $7.25/hr) to provide for their basic needs without reliance on government assistance. The dire need for a Living Wage for our community is recognized by its inclusion as a component of this application. OCLW's primary efforts to meet this objective are through its voluntary employer certification program that encourages and highlights living wage employment. OCLW certifies and promotes public, private, and non-profit employers in Orange County that pay full and part-time employees a living wage. During FY 2022-23, OCLW certified 42 new employers (reaching 367 total), continued to recertify more than 80% of certified employers, and added over $700,000 in raised wages to the regional economy (reaching over $3 million total). OCLW has consistently met its objectives, commitments, and budgets established in prior outside agency proposals and internal plans. For every dollar OCLW invests, $17.46 is added to the spending power of workers in our community Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 3/14 Community Impact Awards (Chapel Hill Applicants Only) Agency Demographics Please ensure that each subsection listed below adds up to the total number of staff and board members listed here. Number of Part-Time Paid Positions 1 Number of Full-Time Paid Positions 0 Staff Members Total Number of Staff 1 Staff Members - Sex Number of Male Staff 0 Number of Female Staff 1 Number of Nonbinary Staff 0 Number of Staff who prefer not to answer 0 Staff Members - Race and Ethnicity Number of American Indian or Alaska Native Staff 0 Number of Asian Staff 0 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 4/14 Number of Black or African American Staff 0 Number of Native Hawaiian or Other Pacific Islander Staff 0 Number of White Staff 1 Number of Staff of more than one race 0 Number of staff who prefer not to answer 0 Number of Staff who identify as a race/ethnicity not listed 0 Total Number of Staff who identify as Hispanic or Latino 0 Total Number of Staff who do not identify as Hispanic or Latino 1 Board Members Total Number of Board of Members 7 Board Members - Sex Number of Male Board Members 1 Number of Female Board Members 6 Number of Nonbinary Board Members 0 Number of Board Members who prefer not to answer 0 Board Members - Race and Ethnicity Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 5/14 Number of American Indian or Alaska Native Board Members 0 Number of Asian Board Members 0 Number of Black or African American Board Members 1 Number of Native Hawaiian or Other Pacific Islander Board Members 0 Number of White Board Members 6 Number of Board Members of more than one race 0 Number of Board Members who prefer not to answer 0 Number of Board Members who identify as a race/ethnicity not listed 0 Total Number of Board Members who identify as Hispanic or Latino 1 Total Number of Board Members who do not identify as Hispanic or Latino 6 Race & Equity Consistent with our commitment to equity and inclusion, the Towns of Chapel Hill and Carrboro and Orange County Government are taking steps together to center racial equity in the Human Services Funding Program. We are requesting basic information about your organization’s racial equity work. Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 6/14 Describe how the agency incorporates racial equity into its goals. (150 word limit) Describe how the intended beneficiaries of the proposed project(s) were involved in the planning and design process. (150 word limit) Percent (%) of Staff who attended racial equity trainings. 100 Percent (%) of Board Members who attended racial equity trainings. 100 BIPOC workers often fill the positions that pay the least in our society, thus racial equity is integral to the mission of OCLW. Among the almost 9000 employees supported by our 269 currently certified employers, 31% are BIPOC. Additionally, 6% of OCLW's LW certified employers are BIPOC owned. OCLW completed a 3-year Strategic Plan in 2023 that includes racial equity goals. These include 1) a target that 10% of new certified employers will be BIPOC owned and will elevate more BIPOC employees to a living wage. We are developing a toolkit for employers to overcome barriers to paying a living wage; 2) a goal to diversify and educate our Board and staff. We continue to identify more diverse members to advise decisions from multiple perspectives. Our full Board and staff completed DEI training and we added a BIPOC member from a LW certified employer with racial equity work experience. As part of our Strategic Planning process, OCLW surveyed our LW certified employers and employees. We also conducted interviews with BIPOC business owners who were not yet certified. The findings of this feedback has directly informed our networking, education, and diversity objectives and plans going forward. We continue to diversify our board and staff. We currently have 2 certified employers and one employee on our Board, where they have provided input on programming and strategy. We will continue to reach out to the community for feedback and inclusion. Published reports show that living wages enable workers to experience greater job satisfaction resulting in less turnover for employers. Living wages have also been shown to reduce the gender, racial, and ethnic wage gap and grow the middle class. Increasingly, consumers are holding businesses accountable for their social impact and paying a living wage can make a business stand out. Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 7/14 Describe other racial equity related activities. Program Funding Request Please list all of the current Fiscal Year Human Services (HS) funding requested for all programs and the proposed use of funds. Program Name Living Wage Certification Program Town of Carrboro 3000 Town of Chapel Hill 6000 Orange County 15000 Total While OCLW is making great strides in bringing BIPOC-owned businesses onto our living wage roster, we know that more work is needed, especially since these businesses are more likely to hire employees of color. Working from a listing of all BIPOC-owned businesses in Orange County, we are prioritizing outreach to these owners and adding more to our roster each year. We will also continue to monitor progress on the demographics of employees working for our certified employers. While employers strive to pay a living wage, not every employer is in a position to do so. However, in some cases adjustments in the workplace can help make the numbers work. OCLW will continue to provide networking opportunities, with certified employers sharing tips of the trade with aspiring employers, prioritizing employers of color. 24000 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 8/14 Short description of proposed use of funds. Funding Totals Carrboro Chapel Hill Orange County Total Program Information Program Name Living Wage Certification Program Primay Contact's Name Debbie Everly Funds will be used to support administration of our Certification program that will raise income to a Living Wage for more low-income workers in Orange County. Funding will cover a portion of staff time for outreach, certification processing, promotion of LW employers, and event planning, as well as certification supplies. (38% of the Certification Director Hours ($1,000/Carrboro, $2,000/CH, $12,220/OC; 35% of Communications Coordinator Hours ($1,000/Carrboro, $2,000/CH, $780/OC, and Certification Program Supplies ($1,000/Carrboro, $2,000/CH, $2,000/OC) Through OCLW’s highly successful living wage outreach and certification programs, as well as networking and education programming, the goal of earning sufficient income to pay for basic living expenses will be achieved for more local low-wage residents, who are disproportionately women and people of color. 3000 6000 15000 24000 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 9/14 Primary Contact's Phone Number 919-943-6432 Primary Contact's Email Address debbie@orangecountylivingwage.org Describe the proposed program and the target population to benefit from the program. Please also explain how the program aligns with the Town of Chapel Hill and Carrboro's Human Services Program Results Framework and/or Orange County's BOCC Goals and Priorities (250 words or less). OCLW Living Wage Certification and Education program advocates for a living wage for low-income workers across Orange County by certifying and promoting employers who pay a living wage. This aligns directly with Strategic Objective #2 to “increase livelihoods security” for local residents by increasing incomes (under Intermediate Result 2.2). Earning sufficient income enables families to support basic needs, lifts them from poverty, and reduces their reliance on other services, promoting well-being (BCC goal). The Living Wage program will continue outreach to local employers to promote a living wage for employees. Incentives include actively promoting OCLW’s living wage roster through its website, social media, Job Board, WCHL radio, bimonthly newsletter, brochures, storefront decals, and framed certificates. Further, OCLW is implementing quarterly networking/educational programming to help employers and employees to be successful. The most urgent issues facing Orange County include affordable housing, climate, equity, and mental health. The simplest way to address our affordable housing crisis is to pay workers enough to afford rent in the county. If more workers can afford to live in the county, they enjoy shorter commutes, reducing vehicle emissions, and allowing more time for family and leisure. Parents can spend more time with their kids and communities, helping to close the achievement gap and forming social connections. Not working multiple jobs and commuting long distances also reduces stress and improves mental health. Because BIPOC residents are disproportionately lower-wage workers, they will benefit most from higher wages so they may live, work, and play in our community. Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 10/14 Target Population The program target population demographics table is included as an attachement on the application cover page. Please download the excel spreadsheet and fill out the demographic data in the table and then upload it with your application. Provide one copy per program that you are requesting funding for. Program Cost This cost per individual must reflect the total program budget divided by the total number of program individuals in this application. Actual Cost 2022-2023 Total Program Cost (Actual 2022-2023) 39843 Total Number of Individuals (Actual 2022-2023) 254 Cost Per Individual (Actual 2022-2023) 156.86 Projected Cost 2023-2024 Total Program Cost (2023-2024) 59882 Total Number of Individuals (Projected 2023- 2024) 275 Cost Per Individual (Projected 2023-2024) 217.75 Projected Cost 2024-2025 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 11/14 Total Program Cost (Projected 2024-2025) 63109 Total Number of Individuals (Projected 2024- 2025) 300 Cost Per Individual (Projected 2024-2025) 209.37 Performance Indicators/Program Goals Strategic Objective* 2. Residents increase their livelihood security Intermediate Result* 2.2 Residents increase job skills appropriate for the local economy If applying to Orange County, please select the funding area that best aligns with your program. Human Rights & Community Services Based on the strategic objective, intermediate result, and/or funding area selected above, what are the performance indicators/program goals related to this program? Actual Outcomes 2022-2023 Projected Outcomes 2023-2024 **A note regarding above cost/Individual: We used the number of certified employers (businesses/organizations) for calcuations. This is not a fully accurate cost/individual as this does not include the employees we also serve. Our current number of employees is almost 9,000. See attached document. see attached document see attached document Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 12/14 Projected Outcomes 2024-2025 Community Impact Award Please describe the impact the proposed programs will have on the target population. Please include specific quantitative and qualitative data in your response. What methods/tools will your organization use to evaluate the proposed program’s effectiveness? Please include specific examples, such as a logic model. Please briefly describe how your proposed programs aligns with evidence-based approaches to addressing human service need(s). Please describe one to three key partnerships/collaborations that add the most value to the success of the proposed programs. If you are not awarded a Community Impact Award, what would your agency’s funding request be? Applicant Statement Disclosure of Conflicts of Interest see attached document Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 13/14 Are any board members or agency employees, including their immediate relatives and business associates, current beneficiaries of the proposed program for which funds are being requested? No Are any board members or agency employees, including their immediate relatives and business associates, members of or related to members of the governing bodies of Chapel Hill, Carrboro, or Orange County? No Are any board members or agency employees, including their immediate relatives and business associates, paid providers of goods or services to or have other financial interest in the proposed program? No Are any board members or employees, including their immediate relatives and business associates, related to employees of that Town of Chapel Hill, Town of Carrboro, or Orange County? No If the answer to any of the above is yes, please provide an explanation. Non-discrimination Clause 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. Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 1/31/24, 11:37 AM HSOA-24-41 https://chapelhillnc.workflow.opengov.com/#/explore/records/63264/react-form-details/63264 14/14 Applicant Statement 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. Name of Person Submitting the Application Debbie Everly Agency Role of Person Submitting the Application Director Agency Representative Signature Debbie Everly Jan 12, 2024 By submitting this application, the agency representative noted above affirms they are either the Executive Director, or, if someone other than the Executive Director is submitting this application, they affirm the Executive Director has reviewed the application for accuracy and approved it for submittal. Approval Details Approved Amount – Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 EXHIBIT “B” Scope of Services –FY 2024-25 Outside Agency Performance Agreement Agency Name: Orange County Living Wage Program Name: Living Wage Certification Program Funding Award: $10,000 Outline how the agency will spend Orange County’s funding award. Program Services Outline the critical services (activities)the agency will employ to attain the Anticipated Outcomes below,by June 30,2025. ● Increase the number of Orange County employers who are living wage certified. ● Maintain a recertification rate of 80%from year to year. ●Raise wages of Orange County Workers to meet/exceed our current Living Wage threshold wage. Anticipated Outcomes The Anticipated Results column must include quantifiable results in the form of number of persons/units served within Orange County,only (all Towns and municipalities).If you use percentages,you must also provide the total number of participants within that measure’s description or for an earlier performance measure. Performance Measures Anticipated Results #of Orange County employers who certify to become a new living wage employer 35 Recertification rate,by %,of living wage employers due for recertification in FY25 80% or (105 of 131) #dollars in raised wages of Orange County workers/FY specifically due to recertification/certification of living wage certified employers $150,000 Certified by:_______________________Title:Director Date:8/13/24 (Provider ’s Signature) Expense Description Amount Personnel &Operations $2,500 Personnel &Operations $2,500 Personnel &Operations $2,500 Personnel &Operations $2,500 Debbie Everly dotloop verified 08/14/24 9:14 PM EDT 1N6W-4T8C-GV7Q-UT8Q dotloop signature verification: dtlp.us/36Oo-ZTHS-JFAs Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 12 of 12 Rev.06/24 ATTACHMENT “A” Orange County Certifications – FY 2024-2025 Outside Agency Performance Agreement Chief Contact, Administrators, Chief Executive Officer and Chief Financial Officer I certify that I have provided a list of the chief contact, administrators, chief executive officer and chief financial officer for my agency with this Agreement and that I will keep it current to the County of Orange. The list should be in writing with the name, title, residential address; phone and email address and if possible, fax number. Officers and Board of Directors I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and that we will continue to update the list as changes occur. The list should be in writing, with the name, physical address, mailing address and if possible, phone, fax and email address. Budget Submission I certify that I have provided a budget for the period to be covered by funding Orange County, and that any substantive changes made to this budget have been in advance authorized in writing by Orange County. Annual Financial Review I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget adopted by the agency for the fiscal years encompassing this Agreement. If not, please explain on a separate sheet of paper. Alignment with Organization’s Mission I certify that the programs and services for which this funding is requested align with the mission of the organization. Intended Purpose I certify that the funds provided to the agency under the terms of this Agreement will be used for a public purpose and shall only be used for the purposes intended and any money not used for those purposes will be promptly returned to Orange County. Certified by: _______________________ Title: __________________________ Date: ___________ (Provider’s Signature) Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 8/30/2024Director Orange County Outside Agency Performance Agreement Page 13 of 12 Rev.06/24 FOR INFORMATION ONLY ATTACHMENT “B” As mentioned in Sections 3- Funding and Section 4- Agency Reporting of the performance agreement, the following two forms will be required before quarterly reimbursements can be made. They are included below for informational purposes. Forms are available online at https://www.orangecountync.gov/736/Contracts-Reporting Quarterly Expense Report Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 Orange County Outside Agency Performance Agreement Page 14 of 12 Rev.06/24 Quarterly Outcomes Form Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39 08/26/2024 Summers Insurance Group 2113 Cameron St., Suite 219 Raleigh NC 27605-1370 Deborah Mason (919) 968-4472 debbie.mason@relationinsurance.com Orange County Living Wage PO Box 1502 Carrboro NC 27510 ANI - Alliance of Nonprofits for Ins 10023 2024 Master A Y 2024-56572 08/23/2024 08/23/2025 1,000,000 500,000 20,000 1,000,000 2,000,000 2,000,000 A Directors and Officers 2024-56572A-DO 08/23/2024 08/23/2025 D&O Each Claim Lmt $1,000,000 D&O Annual Aggregate $1,000,000 Orange County, its officers, agents and employees are listed as additional insured per written contract. Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 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-MAIL ADDRESS: 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 ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR 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 Docusign Envelope ID: 5C318706-42D9-4B0F-B8A6-43E915CB7F39