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HomeMy WebLinkAbout2017-197-E Health - Patricia L. Tolbert for development coaching on designing, launching fundraiser pipeline for FSA DocuSign Envelope ID:7BA0C202-00A1-4BA8-91 CF-A9EA1BOAF4ED [Departmental Use Only] TITLE Tolbert, P. Coaching FY 2016-2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of May, 2017, ("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 Patricia Lynn Tolbert(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: Perform development coaching for FSA Director of Programs and Policy and facilitate discussions enabling FSA and Partners to design and launch a collaborative fundraising pipeline/process, as described in more detail in Exhibit A "Deliverables for Contract with Trish Colbert Family Success Alliance - Scope of Work". The term of this agreement rendered shall be from May 22, 2017 to July 31, 2017. 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 Five Thousand Eight Hundred Dollars, ($5,800). 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 Revised 2/17 1 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91 CF-A9EA1BOAF4ED 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 consent of the Parties to utilize electronic signatures and 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). 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 2/17 2 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91 CF-A9EA1BOAF4ED 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 2/17 3 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91 CF-A9EA1BOAF4ED IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. O i9 (�1d,JNTY pRned by: 136tn,�it lka.w�wtt-rStui Pan�gg�po 3a�& (,g}1F'el,krt By• 063-7994B755E477... By. rU�l(ardi6s7flg Coach County Manager Title: 200 S. Cameron St. Patricia Lynn Tolbert P.O. Box 8181 2900 Shagbark Lane Hillsborough,NC 27278 Graham, NC 27253 Revised 2/17 4 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91 CF-A9EA1BOAF4ED EXHIBIT A Deliverables for Contract with Trish Tolbert Family Success Alliance - Scope of Work Objectives 1. Increase applied knowledge and confidence of FSA director in working with prospects and donors (emphasis on individuals, especially those with capacity for major gifts) 2. Increase director's ability to assess, manage, and improve fundraising strategies and opportunities for FSA and to design annual development plans that support FSA's core operations and programming 3. Provide FSA and its lead partners with the tools and knowledge to design and manage a pipeline process for increased collaborative fundraising In order to fulfill the objectives, FSA and the Provider will undertake the following collaborative work: I. Development coaching for FSA Director of Programs and Policy A series of up to seven (7) coaching sessions of 1-1.5 hours duration over the period, May 22-July 31, 2017, excluding the mutually agreed upon blackout dates (listed on p. 2). A. Goals for the coaching and measures of success will be set by FSA Director and Provider at first session. B. Focus of the coaching will include but not be limited to (a) basic fundraising psychology, principles, and ethics (as espoused by the Association of Fundraising Professionals), (b)the five phases of the fundraising process and how to apply those to sources of funding, (c) how to secure appointments and hold conversations with prospects, (d) how to solicit and steward those prospects to build long-term relationships, (e) components of an annual fundraising plan and a process for developing that plan. C. The first session will be face-to-face. Thereafter, sessions may be face-to-face or by phone, depending on the session topic, and mutually agreed upon by Director and Provider. II. Facilitation of Discussions Enabling FSA and Partners to Design and Launch a Collaborative Fundraising Pipeline/Process A. Co-leadership (with FSA Director) of focus group discussion of targeted partners to identify opportunities, challenges, and best strategy for introducing pipeline and process concepts to targeted partners. B. Depending on recommendations of focus group, one day's time (plus prep time)from Provider, which may be used for group training/discussion session for partners or for individual consultations with specific partners. FSA Director and Provider to set measures of success at that time, depending on recommendations and what can be reasonably accomplished, given partners' current state of fundraising skill. 1 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91 CF-A9EA1BOAF4ED EXHIBIT A C. Follow-up phone conversation to (B)with FSA Director(and selected partners, at Director's discretion)to identify next steps and how to root the collaborative process in the Alliance network's culture. D. During period of contract, FSA Director has unlimited business hour access to Provider via phone,text, or email to address questions and issues relevant to success of this endeavor. This is above and beyond established coaching hours and does not extend to partner organizations. If any partners are interested in individual follow-up,that can be discussed with FSA Director and Provider outside the framework of this contract. FSA's Responsibilities 1. FSA accepts responsibility for organizing any gatherings of partners for purposes of training and/or consulting. 2. FSA will grant Provider access to internal documents necessary to establish an understanding of Alliance's current level of fundraising. Provider agrees that any such information shall not be used, published, or divulged by the Provider to any person,firm, or corporation in any manner or connection whatsoever without written permission of FSA, which FSA may withhold at its sole discretion. Schedule It is the mutual hope of both Parties to complete this work by July 31, 2017. Parties agree to work collaboratively and adjust the schedule as necessary, recognizing that delays in one phase may impact the other Party's ability to deliver the next phase in a timely manner. Parties agree to the following Blackout Dates when either FSA Director or Provider have previously scheduled commitments. • May 23—25 • June 26-30 • July3 - 14 • July 28-31 Location/Travel Expenses Work will be performed at FSA's choice of Orange County meeting or(phone work only)from the Provider's home office. No travel outside Orange County will be required of Provider. Fees and Fee Schedule Total compensation for the work described above will be $5,800. I. $2,300: Development coaching for FSA Director of Programs and Policy II. $3,500: Facilitation of Discussions Enabling FSA and Partners to Design and Launch a Collaborative Fundraising Pipeline/Process Compensation will be paid on the following schedule: • $2,000 Completion of signed contract and submission of invoice • $3,800 Completion of deliverables 2 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91CF-A9EA1BOAF4ED Kimberlee Quatrone From: Dorothy Cilenti Sent: Tuesday, May 16, 2017 10:54 PM To: Coby Austin Cc: Rebecca Crawford; Donna King; Meredith McMonigle; Kimberlee Quatrone Subject: RE: REQUEST: insurance waiver-Trish Tolbert ok I approve From: Coby Austin Sent: Tuesday, May 16, 2017 9:01 PM To: Dorothy Cilenti Cc: Rebecca Crawford; Donna King; Meredith McMonigle; Kimberlee Quatrone Subject: RE: REQUEST: insurance waiver-Trish Tolbert Nope. I just need you to say yes by email. I have a record of your recent response for another consultant, but 1 didn't see it for this one yet.Thanks! Coby Jansen Austin, MPH Director of Programs and Policy Family Success Alliance&Board of Health Phone:919-245-2070/Fax:919-245-0896 Improvirtg health. Inspiring ' aT ';<.: CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from or received by this site are the property of Orange County Government and are considered public domain subject to the North Carolina Public Record Law.The Orange County Health Department transmits minimal confidential client/patient information via email, and any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you believe there has been an inappropriate disclosure, please contact Carla Julian, OCHD HIPAA Privacy and Security Officer, at ciulianorandecountync.gov. From: Dorothy Cilenti Sent: Tuesday, May 16, 2017 7:28 PM To: Coby Austin Cc: Rebecca Crawford; Donna King; Meredith McMonigle; Kimberlee Quatrone Subject: RE: REQUEST: insurance waiver-Trish Tolbert Is there something you need for me to sign electronically? I think I gave approval via email. thanks . .. ....... From: Coby Austin Sent: Tuesday, May 16, 2017 11:58 AM 1 DocuSign Envelope ID:7BA0C202-00A1-4BA8-91CF-A9EA1BOAF4ED To: Dorothy Cilenti Cc: Rebecca Crawford; Donna King; Meredith McMonigle; Kimberlee Quatrone Subject: REQUEST: insurance waiver-Trish Tolbert Hi Dorothy, Ms. Tolbert is not an LLC and will be contracting with us as an individual. Can you please approve a waiver of the insurance requirement stipulated in the county contract template? Thanks! Coby Coby Jansen Austin, MPH Director of Programs and Policy Family Success Alliance& Board of Health Phone:919-245-2070/Fax:919-245-0896 improvg heckrh- in$0;ring Con re. You _. CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from or received by this site are the property of Orange County Government and are considered public domain subject to the North Carolina Public Record Law.The Orange County Health Department transmits minimal confidential client/patient information via email, and any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you believe there has been an inappropriate disclosure, please contact Carla Julian, OCHD HIPAA Privacy and Security Officer, at cju]ian©orangecountync.gov. From: Coby Austin Sent: Thursday, May 11, 2017 8:49 AM To: Kimberlee Quatrone; Dorothy Cilenti Cc: Rebecca Crawford; Donna King; Meredith McMonigle Subject: Contract request &insurance waiver-Trish Tolbert Hi Kim - Please see attached for the contract request for working with Trish Tolbert on development/fundraising technical assistance for Family Success Alliance. She feels more comfortable dropping off a hard copy of her W9, rather than sending it by email, since it includes her SSN. I copied you on an email to her with directions to your office, since I am offsite much of today and tomorrow. I'm including her resume not as part of the contract, but in case the county manager or anybody wants to see it. Dorothy—Ms.Tolbert is not an LLC and will be contracting with us as an individual. Can you please approve a waiver of the insurance requirement stipulated in the county contract template? Rebecca/Donna/Meredith—Just keeping you in the loop that I'm putting in this request. Coby 2