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HomeMy WebLinkAbout2014-494-E AMS - Dispute Settlement Center for Departmental Skills Training $990 DocuSign Envelope ID:940647BB-C452-4FF2-AAFO-B40FF7102054 [Departmental Use Only] TITLE AMS Training FY FY2014-15 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12th day of September, 2014, ("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 the Dispute Settlement Center (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: provide and moderate departmental training as outlined in the attached "Training Proposal" The term of this agreement rendered shall be from September 12,2014 to September 19,2014. 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 1. 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 Hundred Ninety Dollars, ($990). 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 payment associated with the work to be performed until such time as said work is completed. 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. 3. Independent Contractor: The Provider shall operate as an independent contractor, 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 7/14 1 DocuSign Envelope ID:940647BB-C452-4FF2-AAFO-B40FF7102054 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran ecoun nc.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemni : 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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, 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. E-Verify: Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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 fiends. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 DocuSign Envelope ID:940647BB-C452-4FF2-AAFO-B40FF7102054 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER D Sig—by: D—Sig-d by: By:I P-# By: Vra)A .s tku k rsow gE�i m e ent 3f eWfive Di rector Depart Director Title: 200 S. Cameron St. Dispute Settlement Center P.O. Box 8181 302 West Weaver Street Hillsborough,NC 27278 Carrboro,NC 27510 Revised 7/14 3 DocuSign Envelope ID:940647BB-C452-4FF2-AAFO-B40FF7102054 �w Tour coutmuuity resource for mediation,facifitatiou, and couffict resolutiou. DSC was founded in 1978 and is North Carolind s original community mediation center. DSC has mediated thousands of cases, and trains hundreds of individuals each year in conflict resolution and mediation or negotiation skills. Our trainings are interactive and custom-tailored so that scenarios and role plays are relevant to each participant's workplace experience. Training Proposal Organization: Orange County Government-Asset Management Services Contact: Jeff Thompson Asset Management Services Director Orange County Government 131 W.Margaret Lane,PO Box 8181 Hillsborough,NC 27278 919-245-2625 (office) 919-245-2658 (direct) 919-201-0192 (cell) j ethomp son @orangecountync.gov www.oraligecounqlnc.gov Title: Conflict Resolution Skills for the Workplace 1 Date: 9-12-14 Time: 7 hours Participants: Maximum 16 Location: TBD,to be provided by client Description of course: This training will be a full-day training, and will be designed with the needs of all employees of the Asset Management Services Division in mind. The training will be held on September 12,2014. Preparation for the training will consist of the development of appropriate curriculum and role-plays,based specifically on the training needs of the Asset Management Services Division. Through hands on practice and role-play,participants will develop skills related to conflict resolution,practice these skills,and develop a shared understanding of how the skills can be put to use in the division. During the workshop,participants will: • Understand conflict theory and choices when faced with difficult workplace issues; • Learn and practice a six-step process for resolving conflict; 302 West Weaver St, Carrboro NC 27510 (919)929-8800 www,disptitesettleuieiit.org Fax: (919)942-6931 DocuSign Envelope ID:940647BB-C452-4FF2-AAFO-B40FF7102054 Dispute Settfement Center of Orange County • Learn listening skills,including reflective listening; and • Learn skills for effectively asserting oneself when faced with workplace challenges Cost Summary: Lead Trainer consultation,preparation, design and training time 7 hours @$85 per hour $595 4 hours preparation time @$85/hour $340 Travel (50 miles @ .56/mile) $28.00 Materials (manuals,role-plays and hand-outs,training materials) $27.00 Other (Orange County will provide facilities,refreshments,and parking for DSC personnel.) Total Estimated Cost- $990.00 Lead Trainer: Will Dudenhausen is an MNNC-certified mediator and Family Financial Mediator who has been with the DSC since 2005. He is an NCDPI-approved facilitator for Special Education IEP meetings. He has trained and facilitated throughout the state for businesses,universities, government units and nonprofit organizations. DocuSign Envelope ID:940647BB-C452-4FF2-AAFO-B40FF7102054 AID°RO® CERTIFICATE OF LIABILITY INSURANCE 911/201 W' 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 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). PRODUCER CONTACT Crystal Ireland NAME: Business Insurers of Carolinas PHONE . (919)968-4611 FAx -8991 A/C No:(919)968 800 Eastowne Drive, Suite 208 E-MAIL ADDRESS:cireland @business-insurers.com PO BOX 2536 INSURERS AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURER A:Emcasco 21407 INSURED INSURER B:Em to ers Mutual Casualty 1415 DISPUTE SETTLEMENT CENTER INC INSURERC: 302 W WEAVER ST STE A INSURER D: INSURER E: CARRBORO NC 27510-6004 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1452910672 REVISION NUMBER: 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 REDU CED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL S BR POLICY EFF POLICY EXP S D POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 300,000 A CLAIMS-MADE OCCUR 4W54487 6/17/2014 6/17/2015 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 1 JECT F-1 X POLICY PRO- AUTOMOBILE $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICERlMEMBER EXCLUDED? N/A (Mandatory in NH) 4H54487 6/17/2014 6/17/2015 E.L.DISEASE-EA EMPLOYE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION ]ethompson@ orangecountync. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE C Ireland/IRELOI ` O<` ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 19mnnFi m Tt,o ArtnRn name mnrl Inn^mru renieferorl mmrke of ARr1Rtl