HomeMy WebLinkAbout2012-091 Human Resources - Butterfly Wings for Training[Departmental Use Only]
TITLE Training & Dev. Services
FY 2011 -2012
ORANGE COUNTY
CONTRACT UNDER $10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this day of April, 2012, ( "Effective Date ") by
and between Orange County, North Carolina, a body politic and corporate organized under the laws of the
State of North Carolina, (the "County "), party of the first part; and Butterfly Wings LLC. (the "Provider "),
party of the second part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement, time being of the essence:
The services and /or materials (hereinafter referred to collectively as "Services ") to be furnished
under this Agreement are as follows: Training & Development Services to include: development of
organizational competencies, organizational values, train the trainer workshops; training design; and the
conduct of employee focus groups to provide framework for a strategic OC Training Plan as provided in the
attached "Proposal to Provide Services" which is attached and herby incorporated by reference. Sessions will
be conducted at various OC facilities with a maximum of 25 participants. The Provider shall provide the
County with a written assessment of the County's organizational compentencies (leadership, management
and supervisory) that will be used to revise the WPPR system and to develop a framework for organizational
training on all levels.
The term of this agreement rendered shall be from 4/12/2012 to 06/30/2012.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub - contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement, without the prior written approval of the County.
SPECIFIC TERMS
I. Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed nine
thousand seven hundred dollars, ($9,700). Provider shall be paid at the rate of $112.50 per hour up to a total
of ($9,700). (Provider shall submit an invoice to County upon completion of each workship, focus group, or
taining session). Payment shall be made within thirty (30) days of an invoice properly submitted to County.
Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or
penalty, withhold any p as ated with the work to be performed until such time as said work is
completed. f ��L�^'f
2. Non — waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor
shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of
this Non- Waiver Clause.
Revised July 2010
3. Independent Contractor: The Provider shall operate as an independent Provider, and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services as required by the County's Risk Management Policy.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider.
7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its
terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between
the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced
by telefacsimile signature.
8. Governing Law: aw: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in
Orange County, North Carolina.
9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of County's
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non - appropriation of public funds.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANG OUNTY
By:
Frank W. Clift , J1., County Manager
200 S. Came n St.
P.O. Box 8 81
Hillsborough, North Carolina 27278
This instrument has been annroved as to technical content.
Sharon Goode Laisure, Interim Human Resource
Revised July 2010 2
PROVIDE
By:
Shirfefil M. McNeil, President, CEO
Butterfly Wings, LLC
1615 Dunn Place
Hillsborough, North Carolina 27278
Director
This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal
Control Act.
14��Itx' A
Clarence G. Grier, Financial and Administrative Services Director
This inktrftnknt hatpeep approved as to form and legal sufficiency.
Annette PV. Moore, Staff Attorney, Office of the County Attorney
Revised July 2010 3
Attachment
BUTTERFLY WINGS LLC
1615 DUNN PLACE
HILLSBOROUGH, NORTH CAROLINA 27278
919 - 644 -0403
www.butterfivwingslic.com
To: Sharon Laisure
Interim Director Human Resources
Orange County, North Carolina
From: Shirrell M. McNeill
President, CEO
Butterfly Wings LLC
Re: Proposal to Provide Services
Scope: To provide professional services to the County Manager and governmental departments
of Orange County in the design, development and implementation of programs and processes that
strategically align Orange County's vision, mission and values to critical organizational processes. These
include but are not exclusive to recruitment, orientation, employee development and training,
performance management, organizational values and competencies development, and leadership
development.
Methodology: To be designed specifically to accomplish the goals and needs of Orange County but may
include the following:
- Consultation with key stakeholders
- Environmental and organizational scans
- Department head and employee focus groups
- Process design and alignment
- Training design and development of in -house trainers
- Recommendations on sustaining processes
Key Stakeholders: - Orange County Manager
- County Board of Commissioners
- Orange County Department Heads
- Orange County Human Resources Department
- Orange County Employees
Qualifications (Resume attached);
- industry Experience (City and County government)
- Business Process Improvement
- Organizational Development
- Leadership Development and Coaching
- Training and Development
Attachment
Certifications:
Page 2
Proposal
- Diagnosing Organizations with Impact
- Business Process Improvement
- Strength Finders Coach /Facilitator .
- Assessment Administrator (Benchmarks, Firo -B, Skillscopes)
- Restructuring Organizations
Fee Distribution: Customized specifically in final contract negotiations but may include
- Consultation
- Assessments
-360 Feedback Reports
- Design
- Training Program Delivery
- Coaching
ORANGE COUNTY — CONTRACT CONTROL SHEET
Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk
This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager
determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for
BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should
be completed through the legal review process prior to being routed for signature.
Department
Party/Vendor Name: Butterfly Wings LLC Party/vendor Contact Person: Shirrell McNeil Contact Phone: 919- 644 -0403 Party/Vendor
Address: 1615 Dunn Place City Hillsborough State: NC Zip: 27278 Department: Human Resources Amount: 12JD Purpose:
Trainine Budget Code(s): 10295020/720016 Vendor # (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No®
Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 4/12/2012 Approved by Board Yes❑ No❑
Agenda Date: Title of Contract: Training & Development Services
If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes[] No❑. If submitted for bid were
bids/RFPs received Yes❑ No® Bid/RFP number This contract has been reviewed and approved by the Department Director as to
technical content:
Department Director's Signature: Date: Jy 12
IT Director
(Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information
Technology Director as to technical content and information technology specifications:
IT Director's Signature:
Date:
Risk Management
Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; OR No Insurance Reg uired []! Hold
Contract pending receipt of Certificate of Insurance ❑. With incorporation of Insurance provisions as shown, this contract is approved
by the Risk Manager:
Risk Manager's Signature: GvI'i'1 g.4. Date:
f z
Financial Services
This Contract is conditions, d upon appropriation by the Board of Commissioners Yes❑Not A budget amendment is necessary
before approval Yes❑ NoX. If budget amendment is necessary, please attach to this form. This instrument has been pre- audited in the
manner required by the Local Government Budget and Fiscal Control Act:
Financial Services Director's Signature: t/� (,c, �. �%� Date: .
Countv Attorne
Approval by Board ❑ (Contracts $90,000.00 or more for goods or services, $250,000.00 or more for construction, or any BOCC
consultant contract). Approv y Manager *K(Most other contracts $1,000 and above). Department Director approval only ❑ (Under
$1,000). This contract has b e evi a and approved by the Attorney as to legal form and sufficiency:
AAttoorrn��srS�i gnaa/ture Date: A (1?
l - `Ztbl1 S 12C`� 21'�a� s�i �qZ9 Loa
County Manager
This contract has been reviewed and is approved by the County Manager Yes❑No❑.
This contract has been reviewed and is for signature b the a' Yes ❑No ❑�
Manager's Signature: Date: s--
C erk to the Board
Approved by BOCC on the _ day of , 20 . Submitted for Chair signature on the _ day of 20
Clerk's Signature: Date:
Revised March 2012