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HomeMy WebLinkAbout2015-132-E Health - Deborah Hamlin-Aggrey for childcare training $275 DocuSign Envelope ID: C45F5532-9DF3-4EDE-9DEE-CBF307447FF0 [Departmental Use Only] TITLE Deborah Hamlin-Aggrey FY 2014-15 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12 day of January, 2015, ("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 Debbie Hamlin-Aggrey (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: See Exhibit A "NAP SACC PROGRAM COMPLETION PROPOSAL" of which is attached and hereby incorporated by reference The term of this agreement rendered shall be from January 16, 2015 to March 6, 2015. 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. Pam: 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 two hundred seventy-five dollars, ($275). 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 may 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 10/14 1 DocuSign Envelope ID: C45F5532-9DF3-4EDE-9DEE-CBF307447FF0 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg co untync.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. 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 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 and Signatures: 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. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. 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 funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID: C45F5532-9DF3-4EDE-9DEE-CBF307447FF0 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY DocuSigned by: PROVIDER DocuSigned by: By: C9ED9DOFC6B545E... By; 69CD27FD26ED474... Department Director Title: 200 S. Cameron St. Deborah Hamlin-Aggrey P.O. Box 8181 5315 Sutteridge Court Hillsborough,NC 27278 Durham,NC 27713 Revised 10/14 3 DocuSign Envelope ID: C45F5532-9DF3-4EDE-9DEE-CBF307447FF0 EXHIBIT A NAP SACC PROGRAM COMPLETION PROPOSAL Learning Expressions LLC is a child care center located in Chapel Hill serving 46 children between the ages of 0 to 5 years. The majority of the children (approximately 67%) receive child care subsidy to attend the program. Learning Expressions LLC is currently a 3-Star child care center, but they are working hard to regain their former 4-Star status. One of the things they are doing to improve the levels of nutrition and physical activity in the center is to participate in the Nutrition and Physical Activity Self-Assessment for Child Care (NAP SACC) program. The Center signed the letter of Agreement for NAP SACC services on October 9, 2014 (see attached). Progress as of Jan. 5 2015: • 10/9/14—NAP SACC Letter of Agreement signed • 11/3/14 -Completed NAP SACC Self-Assessment Survey • 11/7/14—Met with CCHC to set program goals and begin the Action Planning Document • 12/14 -Completed the Action Planning Document • 11/14/14—Heights and weights of the preschool children ages 2—5 years were measured • 11/20/14—First (of 5) Staff Training workshops was held. All eight staff members participated • 12/18/14—Second Staff Training workshop was cancelled and has yet to be rescheduled. Significant progress in the program has been made, however, the following remains to be done before Learning Expressions LLC will have competed the NAP SACC program: • 4, staff training workshops • Technical assistance as needed (via telephone, e-mail, or in person) on progress towards goals • Post program Self-Assessment Survey • Conclusion event including the presentation of children's books& items to encourage healthy eating and increased physical activity • Presentation of Certificates of Completion to staff and the Center • Final report completed and documentation submitted to OCHC and OCPYC Deborah Hamlin-Aggrey, MPH, CHES, Child Care Health Consultant would be happy to continue to work with Learning Expressions LLC to help them successfully complete the NAP SACC program for the contracted fee of two hundred and s-five dollars($275). The itemized budget is attached. It is hoped that the Orange County Health Department and the Orange County Partnership for Young Children will approve the funds to help this deserving program continue their positive steps toward improving the nutrition and levels of physical activity of the children attending Learning Expression LLC. DocuSign Envelope ID: C45F5532-9DF3-4EDE-9DEE-CBF307447FF0 EXHIBIT A Itemized Budget: CCHC Time and Services • 4, staff training workshops—1 hour each X$25/hr =$100 • Workshop preparation time—30 min X 4 at$254 hr = $50 • 30 min. workshop set-up, 30 min. break-down X$25/hr =$ 25 • Reporting and record keeping 4 hrs X$25/hr =$ 100 (Post program Self-Assessment Survey administration, Final report completed and documentation submitted to OCHC and OCPYC) Total =$275 Services/ Expenses to be Provided by OCHD • Workshop materials - no charge if printing&duplicating is done by OCHD • OCHD will provide projector and training materials • Technical assistance as needed (via telephone, or e-mail) on progress towards goals—no charge for up to 1 hr. of technical assistance. • Conclusion Event-Presentation of Certificates of Completion to staff and the Center—no charge • OCHD will coordinate purchase of food/refreshments for trainings (estimated at$85) • Children's books& items to encourage healthy eating and increased physical activity to be presented to the child care center at NAP SACC conclusion paid by OCHD directly to vendor(s)—based upon last year's cost (estimated at$70)