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HomeMy WebLinkAbout2016-209-E Health - CH-Carrboro YMCA-Boomerang - program support resources to students living in/attending a zone school DocuSign Envelope ID: DB07BCBB-97D7-4769-AF8A-905711BEFAD9 [Departmental Use Only] TITLE YMCA Boomerang FY 15/16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this first day of January, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Chapel Hill-Carrboro YMCA-Boomerang(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: Will serve at-risk middle and high school students living or attending schools in zones 4 & 6 through a number of programs including crisis counseling, intensive follow up case management, tutoring and skill building (academic, social and emotional): See Exhibit A "Scope of Services for Boomerang Collaborative Zone Plan for the Family Success Alliance" which is attached and hereby incorporated by reference. The term of this agreement rendered shall be from January 1, 2016 to June 30, 2016. 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 Ten Thousand Dollars, ($10,000). 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. Revised 1/16 1 DocuSign Envelope ID: DB07BCBB-97D7-4769-AF8A-905711BEFAD9 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 County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of 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 County'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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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. 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. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 1/16 2 DocuSign Envelope ID: DB07BCBB-97D7-4769-AF8A-905711BEFAD9 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. 73SC731NAU394 0 1TY PR ned by: �jbin,ln,tt, �A.wtwtt,V'S�t,t1 By (1Fi37994B755F477 By County Manager Title: Boomerang Program Director 200 S. Cameron St. Chapel Hill-Carrboro YMCA-Boomerang P.O. Box 8181 825-A North Estes Drive Hillsborough,NC 27278 Chapel Hill,NC 27516 Revised 1/16 3 DocuSign Envelope ID: DB07BCBB-97D7-4769-AF8A-905711BEFAD9 Exhibit A Scope of Services for Boomerang Collaborative Zone Plan for the Family Success Alliance Purpose: Program support resources including transportation for Boomerang to provide services to students living in or attending a zone school. Budget: $10,000 Program Services: What's Next—Skill Building for High School Students 2 hours per week for 5 weeks (two 5-week sessions) Through tutoring, life skills building and meaningful community service/service learning projects, students will stay connected to school and increase self-efficacy, and satisfy court and graduation requirements. What's Next—School and Site Based Skill Building for Middle School Students 4 workshops 4 potential to expand to 6 workshops Build social and emotional skills for middle school students to be successful in school prior to the developmental stage when adolescents engage in more risky behavior. Activity creates an external protective factor by providing youth with information and support. Intensive Follow Up 2.0 Provide a cohort of ATS and court-involved students who are ready to change (contemplation stage) with follow-up services(increased dosage/contact with Boomerang, school visits and school &family communications, and school-based mentors if possible)that will move them from the contemplation stage of change to the action and maintenance stage. Students will be followed through graduation when possible; new students will be added each year. Students in Intensive Follow-Up will be recruited to participate in What's Next-Skill Building for High School Students. Open Doors Tutoring, Community Service/Service Learning Builds learning and social skills development and provides students a means to stay connected to Boomerang. Will satisfy court and graduation requirements. Support on Demand Drop-ins for brief crisis counseling for students experiencing a crisis or just needing to check in.This general support creates an external protective factor for students overcoming risk factors that cannot be altered. Students who need regular counseling will be referred to community providers. Allows past and current students to stay connected to Boomerang for support. Creates an additional opportunity for students in the intensive follow-up module to access support. Reporting Provider will provide Orange County a Progress Report that includes a fiscal report and updates on 2015- 2016 performance measures as outlined in the Scope of Services. Progress Report dates are:January 1- 1 DocuSign Envelope ID: DB07BCBB-97D7-4769-AF8A-905711BEFAD9 March 31, 2016 and April 1—June 30, 2016. Reports are due May 15, 2016 and July 15, 2016 of the program fiscal year. Outcomes Program Outcomes Performance Measures What's Next—Skill Building for 4-8 zone students will successfully Program completion, High School Students complete the program and be summer job placement eligible for placement in summer jobs/paid internships. What's Next—School and Site At least 6 zone students will Pre-and post-surveys Based Skill Building for Middle successfully complete more than School Students one workshop and report an increase in knowledge in skills. Note: From this cohort, identify students to track/move through school- colleg%areer pipeline,students will be added on a rolling basis with the end goal of at least 15 youth receiving academic,social and personal support over the next 3 years. Success measures:promoted to the next grade level, no/reduced disciplinary sanctions. Intensive Follow Up At least 4 zone students will move to Readiness to Change Index, the action/maintenance stage each Boomerang Retrospective year, bearing in mind that change is Survey a dynamic process. Open Doors Tutoring, Community At least 20 zone students complete Assignment grades,#of Service/Service Learning pending schoolwork and completed community assignments; students provide service/service learning meaningful service to the hours community, building confidence, self-worth and sense of connectedness. Support on Demand 10 zone youth will access drop-in Qualitative Notes,#of support on at least 2 occasions that visits, referrals to service moves them toward positive providers if needed decision-making during stressful times.This will be complemented by contacts through social media and with parents/families and schools as needed. 2 DocuSign Envelope ID: DB07BCBB-97D7-4769-AF8A-905711BEFAD9 Client#:510480 20YMCATRI PATE(Mk'JDDNYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4104/2016 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.T1I1S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE CONTRACT`BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. mWdRTA4T:If the certificate holder is an ADDITIONAL INSURED,the policy(les)€ ust be endorsed.It 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 NTA T Debbie Church . NAME:PHONE Ext� _, BB&T Insurance Services,Inc. 9-10-772-3720- FAX` 888-746-8761 - Air No AtC,Nn Post Office Box 13941 E-MAIL ADDRESS: Durham,NC 27709 €NSURER($)AFFORDING COVERAGE NAic# 919 281-4500 North River Insurance Company 21105 ..INSURER R: p y INSURED. - INSURER R:Pennsylvania Manufacturers Asso 12262 The YMCA of the Triangle Area Inc INSURER G:Travelers Casualty&Surety Co, 31194 801 Corporate Center Or Ste 200 RD _.._..._. Raleigh,NC 27607 INSURER D,American Guarantee&Liabilify __...,.. 26247 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOITHF 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, INSR ADDLSUBR POLL€GY FP POLICYE}CP LTft TYPEOFINSURANCE- i SR WVD POLICY NUMBER MM1DOlY YY MI)L7DlYYY Lli19rTS A COMMERCIAL GENERAL IJAB€LrCY X 5068846197 4/0112016 04/01/2017 EACHoccURRENcE $10000 0 F 7V DAMA�,E RENTED CLAIMS-MADE OCCUR .. PREFrFISEa Ea4ccur nee $1,000,000 I ; MED EXP(Anyone person} $5.000 i PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; GENERALAGGREGATE $3,000000 �'i PRC3• POLICY FJECT I LOG PRODUCTS-CO MPA)PAGG $1,000,000 _.I OTHER:- ., $ .AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT R 5068846197 4!01!2016 04101/209 Eaacuident 1,000,000 XIX I ANY AUTO BODILY INJURY(Pnrpeason) S---��- AUTOSNED SCHEDULED AUTOS BODILY INJURY(Per accident) 6 NON-OVdNEO PROPERTY OAM,4t3C --'_�__.___ HIRED AUTOS AUTOS $ _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIA'R' OkAIMS•tRADE. AGGREGATE $ DED I RETENT€ONSY,LA .° B WORKERS COMPENSATION 2016750449900 4/01/2016 041011201 X PTR OTH- AND EMPLOYERS'LIABILITY Y PH t N ANY PROPRIETORtPARTNER/EXEOUTIVE E.L.EACH ACCIDENT $500,000 OFFICERIME€SEREXCLUDED? �.NIA [ ..-- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$500,OOD d yes,describe under DESCRIPTION DF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $500 000 C Employee Theft 105763974 E/01/2016104/01/201 101/2016 04/01121)19& 3,000,000 per occ C Computer Fraud 105763974 /01/2016 04/0112011, 3,000,000 per oce C Funds Transfer 105763974 3: 3,000,000 per oac DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 141,Additional Remarks Scheduler may he attached It more space Is required) CERTIFICATE HOLDER CANCELLATION Orange County Human Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Outside Agency Funding ACCORDANCE WITH THE POLICY PROVISIONS", 200 South Cameron St PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough,I G 27278 01 88-2014 ACORD CORPORATION.All rights reserved. ACORD 25(20W01) 1 of 1 The ACORD name and logo are registered marks of ACORD #815958423/Ml 5955609 JAW