TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Performance Agreement with the Chapel Hill-Carrboro Residents’ Council
DATE: November 11, 2002
The purpose of this memorandum is to present a proposed Performance Agreement with the Chapel Hill-Carrboro Residents’ Council. The attached resolution would authorize the Manager to execute a Performance Agreement in the amount of $28,500 between the Town and the Chapel Hill-Carrboro Residents’ Council.
• The proposed Performance Agreement would be funded from the 2002-2003 Housing Capital Fund Program.
• The term of the Agreement would be for 12 months, beginning October 1, 2002 and ending November 30, 2003.
• Payment to the Residents’ Council would be contingent upon documentation of costs and performance.
On May 13, 2002, the Council approved a plan for use of the 2002-2003 Housing Capital Fund grant. In the plan, $28,500 was reserved to support activities the Residents’ Council would provide for residents of public housing. Specific activities would be described in a proposal from the Residents’ Council and incorporated into a Performance Agreement.
On September 11, 2002, the Residents’ Council submitted a proposal requesting $28,500 to support its Under the Tree Program (please see attached proposal). The primary objective of the Under the Tree Program is to increase public housing residents participation in programs and activities of the Residents’ Council.
The Residents’ Council is a non-profit organization incorporated under Section 501(c)3 of the Internal Revenue Code of 1986. The Council has approved previous Performance Agreements with the Residents’ Council to provide programs and services for residents of public housing since 1994.
The Council approved the most recent Performance Agreement with the Residents’ Council in the amount of $50,000 on July 2, 2001. Payments were made after we received documentation of expenditures and performance.
Below is a summary of the key elements of the 2001-2002 Performance Agreement with the Residents’ Council.
· Youth development and leadership training opportunities would be provided for 20 public housing children.
· Volunteers would be recruited and supervised.
· Children would be transported to the Chapel Hill Library at least two times a month.
· Residents would be transported to workshops and training programs.
· A bi-monthly newsletter would be published and distributed to all public housing households.
· The Residents’ Council would apply for grants, with the goal of becoming self-sufficient.
The elements of the 2001-2002 Performance Agreement that were met are:
· Youth development activities were provided through the Youth Council. The number of participants was 8 children.
· Residents were transported to workshops and training programs that were conducted as part of the Residents’ Council meetings.
· A bi-monthly newsletter was published and distributed to public housing residences.
The Residents’ Council will provide a report of activities and accomplishments during the 2001-2002 Performance Agreement.
The Residents’ Council proposes to use the $28,500 to support the staffing and operating expenses of the Under the Tree Program. The primary purpose of the Under the Tree Program is to increase residents of public housing knowledge about the Residents’ Council and participation in programs and activities of the Residents’ Council. A key goal of the Program is to increase Residents’ involvement in activities in public housing neighborhoods and the greater Chapel Hill community.
The staff positions of the Under the Tree Program would include:
Duties of the staff would include the following:
The proposed budget for the Under the Tree Program is as follows:
Budget Categories Amount
Personnel (9 part-time) $24,500
Training $ 1,500
Insurance $ 800
Supplies and Refreshments $ 1,000
Transportation/Childcare $ 700
Total $28,500
The proposed Agreement lays out the responsibilities of the Town and Residents’ Council. It also describes the services the Residents’ Council would provide for residents of public housing through the Under the Tree Program.
Key elements of the Performance Agreement include the following:
Housing and Community Development Advisory Board’s Recommendation: The Housing and Community Development Advisory Board reviewed the proposed Performance Agreement on September 24, 2002. The members of the Board voted 6 to 0 to recommend that the proposed Performance Agreement be approved.
Manager’s Recommendation: That the Council adopt the attached resolution authorizing the execution of a Performance Agreement in the amount of $28,500 between the Town and the Chapel Hill-Carrboro Residents’ Council.
ATTACHMENTS
1. Proposed Performance Agreement (p. 6)
2. Proposal from the Chapel Hill-Carrboro Residents’ Council (p. 12)
A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH THE CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL (2002-11-11/R-3)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to execute a Performance Agreement with the Chapel Hill-Carrboro Residents’Council in the amount of $28,500.
This the 11th day of November, 2002.
ORANGE COUNTY PERFORMANCE AGREEMENT
THIS AGREEMENT, made and entered into the first day of October, 2002 by and between the TOWN OF CHAPEL HILL, a North Carolina Municipal Corporation, 306 North Columbia Street, Chapel Hill, North Carolina, hereinafter referred to as “Town” and the CHAPEL HILL- CARRBORO RESIDENTS’ COUNCIL, 317 Caldwell Street Extension, Chapel Hill, North Carolina, hereinafter referred to as “RESIDENTS’ COUNCIL”.
WITNESSETH
WHEREAS, the Residents’ Council is an independent organization and not an agency of the Town of Chapel Hill; and
WHEREAS, the Residents’ Council has requested funding for its Under the Tree Program, and
WHEREAS, it is understood and agreed that the purpose of this agreement is to outline the responsibilities of the Town and the Residents’ Council for the Under the Tree Program, and
WHEREAS, it is in the interest of the Town to support the efforts of the Residents’ Council;
NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth, the Town and the Residents’ Council agree to the following responsibilities and/or duties.
1. Town Support
The Town agrees to appropriate the sum of Twenty-Eight Thousand Five Hundred Dollars ($28,500) from the 2002-2003 Housing Capital Fund Program to the Residents’ Council for the Under the Tree Program. The Town does not obligate itself to provide any other support to the Residents’ Council this fiscal year or continued support in succeeding years.
2. Indemnification of the Town
The Residents’ Council hereby agrees to hold the Town harmless against any claims or actions from damages, injury, or death relating to or arising out of the Residents’ Council use of these funds or due to acts or omissions of the Residents’ Council officers, employees, contractors or agents.
The Residents’ Council shall name the Town as an additional insured on the Residents’ Council general liability policies; and shall provide, upon the execution of this agreement, a certificate of insurance with an insurer and in a certificate form satisfactory to the Town Manager.
3. Term of Agreement
The term of this Agreement shall be for twelve months, beginning on October 1, 2002 and ending on November 30, 2003.
4. Payment and Documentation
Payment will be based upon actual billing against the $28,500 appropriation and contingent upon receiving satisfactory documentation and accounting of expenditures. The Town requires the following documentation: (1) copy of cancelled checks (2) original receipts (3) copies of all timesheets and paycheck for employees. Payment shall be made quarterly and shall be contingent upon receiving satisfactory documentation and timely receipt of quarterly reports as detailed in the attached work statement.
5. Budget
The budget for the Under the Tree Program is as follows:
Program Director - 20 hours per week at $12 per hr. $14,352
Ambassador Stipends (8) 20 hours per month at $8 per hr. $10,148
Training $ 1,500
Insurance $ 800
Supplies and Refreshments $ 1,000
Transportation /Childcare $ 500
6. Duties of the Town
Duties of the Town will include, but are not limited to the following:
· Provide office space at the Department of Housing for the Residents’ Council, copying services and local telephone services.
· Assistance to assure compliance with the requirements of the U.S. Department of Housing and Urban Development.
7. Financial Records
The Residents’ Council agrees to furnish the Town with quarterly financial statements and quarterly progress reports as detailed in the attached work statement. In addition, the Residents’ Council agrees to allow the Town to inspect its financial books and records upon reasonable notice during normal working hours.
8. Work Statement
The Residents’ Council agrees to provide those services described in the Work Statement attached hereto and incorporated herein and to maintain a high level of professionalism in the provision of these services.
9. Termination for Cause
In the event that the Residents’ Council shall cease to exist as an organization or shall enter bankruptcy proceedings, or be declared insolvent, or shall significantly reduce its services or accessibility to the residents of public housing during the term of this Agreement, or in the event that the Residents’ Council shall fail to render a satisfactory accounting as provided herein, then and in that event the Town may terminate this Agreement.
10. Provision for Amendment
The Residents’ Council and the Town mutually agree that this Agreement may be amended for just cause with a 30-day written notice from the Residents’ Council to the Town, or from the Town to the Residents’ Council.
IN WITNESS WHEREOF, the parties hereunto cause this Agreement to be executed in their respective names.
This the _______________________ day of _____________________ 2002
TOWN OF CHAPEL HILL CHAPEL HILL-CARRBORO RESIDENTS’
A Municipal Corporation COUNCIL
By: _________________________ By: ____________________________
Town Manager PRESIDENT
Attest: _______________________ Attest: __________________________
Town Clerk
Approved as to Form: ________________________________________
Town Attorney
The instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.
________________________
Town Finance Director
_______________________________
Director, Department of Housing
(SEAL)
Attached to that certain Performance Agreement dated November 1, 2002 between the Town of Chapel Hill and the Chapel Hill-Carrboro Residents’ Council:
For the CHAPEL HILL-CARRBORO RESIDENTS’ COUNCIL, hereinafter referred to as the “Residents’ Council”.
I. The Residents’ Council agrees to administer the Under the Tree Program for the residents of
public housing. The primary focus of the Under the Tree Program will be to improve residents of public housing involvement and knowledge about the Residents’ Council.
II. It is mutually agreed upon by both parties that in the performance of this Agreement,
the Residents’ Council will:
A. The Residents’ Council would provide part-time (20 hours a month) employment opportunities for 8 residents of public housing.
B. The Residents’ Council would survey public housing residents prior to beginning the
Under the Tree Program to determine level of awareness of the Residents’ Council and its activities.
C. The Residents’ Council would survey public housing residents at the end of the Under the Tree Program to determine level of awareness of the Residents’ Council and its activities.
D. Participation in Residents’ Council programs and meetings would include at least 12
adult residents of public housing, excluding employees of the Residents’ Council
E. Provide transportation and child care for public housing residents who participate in
Residents’ Council programs or attend meetings of the Residents’ Council.
F. The Residents’ Council would seek other funding sources by submitting at least 2 grant applications.
G. Provide the Town with an evaluation of the Under the Tree Program.
H. Comply with all relevant rules and regulations of the U. S. Department of Housing
and Urban Development.
I. Comply with relevant equal employment requirements.
J. Comply with the Town’s financial reporting requirements.
III. The Residents’ Council may only utilize Town funds for expenses of the Under the Tree Program.
IV. The Residents’ Council will provide the Town with Quarterly Reports. These reports shall include expenditures during the reporting period and year-to-date amounts, the number of residents participating in activities, number of residents, excluding staff, attending Residents’ Council meetings and a report on grant applications. Reports will be due by March 31, 2003, June 30, 2003, September 31, 2003 and December 30, 2003.
The Town will reimburse the Residents’ Council as set forth in Section 4 of the Performance Agreement.