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HomeMy WebLinkAbout2024-718-E-Housing Dept-University Baptist Church-Agreement for Cold Weather Shelter ORANGE COUNTY GOVERNMENT MEMORANDUM OF AGREEMENT FOR THE USE OF FACILITIES AS A COLD WEATHER SHELTER This Agreement is made and entered into between Orange County, a political subdivision of the State of North Carolina (hereinafter, “County”), and University Baptist Church of Chapel Hill, Inc., a North Carolina Nonprofit Corporation (hereinafter, “Owner”) situated at 100 South Columbia Street, Chapel Hill, North Carolina 27514. Orange County is dedicated to ensuring the appropriate and efficient response to emergencies throughout Orange County. Orange County also plans for the Orange County response to a disaster and other complex emergencies. The parties hereto mutually desire to reach an understanding that will result in making the aforesaid facilities of Owner available to the County for the use as an emergency overnight shelter during extreme winter weather events. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Owner agrees to allow the County use of its basement space, including bathrooms and kitchen, at 100 S. Columbia Street in Chapel Hill, North Carolina (the “Shelter”) as an emergency overflow shelter during cold weather ("White Flag") nights where the temperature reaches 32 degrees or below. Owner will ensure access by the County no later than 7:00 pm on forecasted White Flag nights and continuously until 8:00am the following morning. 2. On these White Flag nights, the County will operate an overnight emergency shelter for up to Twenty (20) individuals inside the Shelter. The County will provide coordination, staffing, and supplies for the Shelter and will ensure individuals using the Shelter vacate the Shelter by 8:00 a.m. on the morning following a White Flag night. The Owner will allow the County to keep supplies for the Shelter operation in a closet or room of their choosing, including but not limited to folding cots, blankets coffee maker, water and snack supplies. The County will also provide professional cleaning services, as described below, on weekday mornings following White Flag nights that the Shelter is open. 3. County shall exercise reasonable care in conducting its activities in the Shelter and further agrees that it shall use its own food and supplies during its use of the Shelter. Should County use Owner’s foods or supplies, County agrees to replace or reimburse Owner for such foods or supplies belonging to Owner that may be used by the County in the conduct of its relief activities in the Shelter. Such foods or supplies of the Owner shall be catalogued by Owner during the walkthrough of the Shelter and the catalogued items provided to County in list form prior to opening of the Shelter. 4. Owner and County should remain in contact during the operation of the Shelter. The County will have primary responsibility for the operation of the Shelter and will designate a County official from the Orange County Housing Department, to manage the sheltering activities. The Owner will designate a representative to coordinate with the County regarding the use of the Shelter by the County. The County is responsible for the accommodations necessary for the special needs population. Additionally, the Owner should provide 24-hour contact Docusign Envelope ID: AE6B8652-DF6F-4A68-82FB-137C9C45C988 information and available personnel to work with the County to open the Shelter and provide necessary access and address any facility issues that arise. 5. The County and the Owner will complete a walk-through of the facility before it is opened for use, noting any previous damages or issues and any supplies that may be used by the County and whether the cost of such supplies must be reimbursed by the County to the Owner. 6. The County will work in conjunction with law enforcement in the provision of any security needs at the Shelter during the County’s use of the Shelter as such needs may be determined solely by the County. 7. In coordination with the Owner, the County will be responsible for equipping the Shelter to handle companion animals accompanying those needing services. 8. The County may post signs identifying the Shelter in locations approved by the Owner and will remove such signs when the Shelter is closed. The Owner will not issue press releases or other publicity concerning the Shelter without the express written consent of the County. The Owner will refer all media questions about the Shelter to the County. 9. The Shelter will be an overnight shelter and it is expected those persons utilizing the Shelter will vacate the Shelter by 8:00 a.m. the morning following a White Flag night. By 9:00 a.m., the County will use reasonable efforts to return the Shelter to the condition it was in at the time the County took control of the Shelter, reasonable wear and tear excepted. By 9:00 a.m., a representative of County and the Owner may complete a walk-through of the facility to make note of any damages caused as a result of the operation of the Shelter that were not previously present. Damages resulting from the operation of the Shelter does not include damages resulting from natural causes or Acts of God. 10. The County will reimburse the Owner for the following: a) Damage to the Shelter, reasonable wear and tear excepted, resulting from the operation of the Shelter by the County, subject to the terms of Paragraph 9; b) use of Owner’s food and supplies. Reimbursement for Shelter damage will be based on replacement at actual cash value. The Owner will submit any request for reimbursement to the County within Thirty (30) days after the Shelter closes. Any request for reimbursement for food, supplies or damages must be accompanied by supporting invoices and documentation from both the initial and final walk through. 11. To the extent authorized by North Carolina law, the County agrees to hold harmless and indemnify the Owner against liability with respect to bodily injury, death, and property damage, arising from the negligence of Orange County during its use of the Shelter. The Owner agrees to hold harmless and indemnify the County against liability with respect to bodily injury, death, and property damage, arising from Owner’s negligence related to the Shelter and the remainder of Owner’s property. 12. Owner shall obtain and maintain, at its sole expense, Property Insurance and Commercial General Liability Insurance covering its property and activities at 100 S. Columbia Street, Chapel Hill, North Carolina. The owner will provide a copy of insurance (evidence of insurance) to the County as proof of such coverages. County shall maintain Commercial General Liability Insurance and such other insurance and in coverage amounts as determined by the Orange County Risk Manager. The County will name the Owner as Docusign Envelope ID: AE6B8652-DF6F-4A68-82FB-137C9C45C988 additionally insured with respects to liability arising out of the County’s use and operation of the shelter and provide a copy of such coverages to the Owner. The County’s insurance shall be primary in respects to the operation of the Shelter and will only apply to liability arising directly from the County’s use. The Owner’s insurance coverage shall apply as primary insurance for all other activities or liabilities apart from the operation and use of the shelter. See Attachments A and B to this Agreement. 13. The term of this Agreement begins on November 21, 2024 and ends on June 30, 2025. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in their official capacities as set out below. __________________________________________________ Blake Rosser Date Orange County Housing Director __________________________________________________ Paul Burgess Date Senior Pastor, University Baptist Church Docusign Envelope ID: AE6B8652-DF6F-4A68-82FB-137C9C45C988 11/21/2024 11/21/2024 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: University Baptist Church Party/Vendor Contact Person: Pastor Paul Burgess Contact Phone: 919- Party/Vendor Address: 100 S. Columbia Street City: Chapel Hill State: NC Zip: 27514 Department: Housing Amount: N/A Purpose: Agreement for Cold Weather Shelter Program Space Code(s): N/A Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one)New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date:N/A This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer N/A Date: Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer N/A Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Orange County Outside Agency Performance Agreement Rev.06/23 Docusign Envelope ID: AE6B8652-DF6F-4A68-82FB-137C9C45C988 11/21/2024 11/21/2024 11/21/2024 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/15/2024 (619) 238-1828 25615 Orange County, NC 300 West Tryon Street Hillsborough, NC 27278 A 2,000,000 ZLP91N5373024PA 7/1/2024 7/1/2025 1,000,000 Excluded 2,000,000 2,000,000 2,000,000 University Baptist Church is included as additional insured. University Baptist Church 100 S Columbia St Chapel Hill, NC 27514 ORANCOU-50 JSHARMA Alliant Insurance Services, Inc. 101 N. Tryon St, Ste 6000 Charlotte, NC 28246 Charter Oak Fire Insurance Company X X Docusign Envelope ID: AE6B8652-DF6F-4A68-82FB-137C9C45C988 LENDER'S LOSS PAYABLE PHONEAGENCY COMPANY(A/C, No, Ext): FAX E-MAIL (A/C, No):ADDRESS: SUB CODE: AGENCY CUSTOMER ID #: INSURED LOAN NUMBER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE THIS REPLACES PRIOR EVIDENCE DATED: LOCATION/DESCRIPTION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE NAME AND ADDRESS CONTINUED UNTIL TERMINATED IF CHECKED ADDITIONAL INSURED LOSS PAYEE MORTGAGEE LOAN # PERILS INSURED BASIC BROAD SPECIAL 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PROPERTY INFORMATION COVERAGE INFORMATION REMARKS (Including Special Conditions) CANCELLATION ADDITIONAL INTEREST ACORD 27 (2016/03)© 1993-2015 ACORD CORPORATION. All rights reserved. EVIDENCE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) CODE: AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD 11/5/2024 (877) 766-7981 Brotherhood Mutual Insurance Company 6400 Brotherhood Way P.O. Box 2227 Ft. Wayne, IN 46801 American Church Group of North Carolina, LLC 401 E Antietam St., Ste B Hagerstown, MD 21740 (877) 281-9040 University Baptist Church 100 S Columbia St Chapel Hill, NC 27514 Loc # 1, Bldg # 1, 100 S Columbia St, Chapel Hill, NC 27514-3606, Church Loc # 1, Bldg # 1 Building, Special (Including theft), Extended Value Replacement Cost $11,848,000 $12,500 Proof of Coverage JMCBEE 32M5A0407972 12/16/2024 12/16/2025 service@bitnerhenry.com UNIVBAP-02 Docusign Envelope ID: AE6B8652-DF6F-4A68-82FB-137C9C45C988