Loading...
HomeMy WebLinkAbout2017-001-E Health - Dispute Settlement Center for anti-harrassment training DocuSign Envelope ID:F63B22D5-E938-4B8C-949A-DCD76DAB4F01 [Departmental Use Only] TITLE Dispute Settlement Cntr FY 2016-2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of December, 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 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: To provide four(4) one-hour trainings to give residents of two Family Success Alliance zones skills to confront, diffuse, redirect, and document harassment when confronted with it, as a victim or a bystander. It will include development of curriculum and role-plays. See Exhibit A "Anti- Harassment/Bystander; Staying Safe While Responding to Incidents of Harassment" which is attached and hereby incorporated by reference. The term of this agreement rendered shall be from 12/5/16 to 1/31/17. 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 One Thousand One Hundred Fifty Eight dollars, ($1,158). 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 6/16 1 DocuSign Envelope ID:F63B22D5-E938-4B8C-949A-DCD76DAB4F01 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/contra cts.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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. 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. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 Revised 6/16 2 DocuSign Envelope ID:F63B22D5-E938-4B8C-949A-DCD76DAB4F01 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 6/16 3 DocuSign Envelope ID:F63B22D5-E938-4B8C-949A-DCD76DAB4F01 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. O. ., i����� .NTY PRe , Rnedby: �jbin,l�It tkeumwtt,V'St,t,t1 FratA,o-s kt udi t irStAA, By: -- -0637994B755E477... By. xAu 4 CvC rectur County Manager Title: 200 S. Cameron St. Dispute Settlement Center P.O. Box 8181 302 West Weaver Street Hillsborough,NC 27278 Carrboro, NC 27510 Revised 6/16 4 DocuSign Envelope ID:F63B22D5-E938-4B8C-949A-DCD76DAB4F01 Echi6itA —Anti-.J-farassment/Bystander•Staying Safe While Responding to Incidents offfarassment Organization: Family Success Alliance Contact: Colleen Bridger, MPH, PhD Orange County Health Director Phone: 919.245.2412/Cell: 919.612.2053 Title: Anti-Harassment/Bystander; Staying Safe While Responding to Incidents of Harassment Date: TBD in January Time: 4, one-hour trainings Participants: Maximum: 20 each training Location: TBD, in FSA zones Description of course: These four trainings will be designed to give residents of two Family Success Alliance zones skills to confront, diffuse, redirect, and document harassment when confronted with it, as a victim or a bystander. Preparation for the training will consist of development of appropriate curriculum and role- plays. Each training will be one-hour long, and will focus on maintaining safety of all people involved in any incident that may happen. Through hands on practice, participants will develop skills related to conflict de-escalation, practice these skills, and develop a shared understanding of how the skills can be put to use in their communities. During the workshop, participants will: • Understand choices when witnessing harassment; • Learn skills for distracting and avoiding situations so as to get victims out of the situation ; • Learn basic listening techniques for de-escalating tense situations; and • Learn what needs to be documented during an incident of harassment. Both Dispute Settlement Center and the Family Success Alliance hope to expand upon these pilots to offer further training, support, and dialogue concerning inclusivity in our community. Responsibilities: Dispute Settlement Center: • Design and prepare course material • Facilitate four, 1-hour sessions with up to 20 community members each • Prepare and print a take-home "summary card" for participants Orange County Health Department • Set program dates • Identify and secure locations for trainings • Recruit community members and track registration • Provide refreshments for participants • Arrange for child care, if needed • Provide simultaneous interpretation, if needed • Translate "summary card" into Spanish (material for translation will be provided at least two weeks in advance) DocuSign Envelope ID:F63B22D5-E938-4B8C-949A-DCD76DAB4F01 Dispute Settlement Center of Orange County Cost Summary: Lead Trainer consultation, preparation, design and presentation $ 1000 Travel (200 miles @ .54/mile) $ 108 Materials (training materials and summary card) $ 50 Total Estimated Cost: $ 1158 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. 302 West Weaver St, Carrboro NC 27510 (919) 929-8800 www.dispu.tesettlement,org Fax: (919) 942-6931 Docun Envelope ID: F63B22D5-E938-4B8C-949A-DCD76DAB4F01 A�iJ CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDlYYYI) 9/7/2016 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. 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 o ext1: (919)968-4611 FAX No):(919)968-8991 800 Eastowne Drive, Suite 208 ADDRE SS:oireland @business—insurers.eom PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 - INSURER HanLilton Mutual Insurance Co 14125 INSURED INSURER B Employers Mutual Casualty 21415 DISPUTE SETTLEMENT CENTER INC INSURERC: 302 W WEAVER ST STE A INSURER D: INSURER E: CARRBORO NC 27510-6004 INSURERF: . COVERAGES CERTIFICATE NUMBER:CL166315431 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 REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD 4WD POLICY NUMBER (MM!DDIYYYY) (MM!DD/YYYY1 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 —DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 300,000_ , 4W54487 6/17/2016 6/17/2017 MED EXP{Any one person) _ $ 5,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Hired/borrowed $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS • HIRED AUTOS NON-OWNED PROPERTY t}AMAGE $ AUTOS _ $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS DAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X I PER 0TH- AND EMPLOYERS'LIABILITY f STATUTE ER Y!N ANY PROPRIETOR/PARTNER/EXECUTIVE N!A E.L.EACH ACCIDENT $ 100,040 OFFICER/MEMBER in H)EXCLUDED? 4H54467 6/17/2016 6/17/2017 E.L.DISEASE-EA EMPLOYEE $ 100,000 B (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION jethompson @orangecountync_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE C Ireland/IRELOI e �,/� • ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(Oman1ti .