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HomeMy WebLinkAbout2017-231-E AMS - Dispute Settlement Center for AMS Leadership Team Training DocuSign Envelope ID: 5ED94CEC-6251-43C9-A798-E1F25EDF371D [Departmental Use Only] TITLE Leadership Training FY FY2016-17 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of March, 2017, ("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: AMS Leadership Team training per attached proposal titled "Leading by Example: Careful Leadership for Creating Workplace Harmony-Part 2 The term of this agreement rendered shall be from March 16th to April 15` (date of training to be at some point during this timeframe). 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 Sixty Dollars, ($960.00). 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 aotd or omissionsi: The Provider shall riot be treated; as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or PI workers' compensation purposes. The Provider understands that>ntither fe i nor state, non payroll tax of. 1,1 .;ic•o sci� �. any kind shall be withheld or paid by the County on behalf of the::Provide rlb pt en employees of--the Provider, ,l, _ 4. Insurance: - Provider shall obtain, at its sole expense, Commercial General. Liability =,try>� Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 6/16 1 DocuSign Envelope ID: 5ED94CEC-6251-43C9-A798-E1F25EDF371D 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 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 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 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. County may suspend this Agreement upon reasonable notice to 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 11A 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 and Orange County. 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 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 goveriinental entity, and the validity bf this Agreement is based the availability 01 public funding under tlLl '^i o;rity of its statutory I :. mandate.In,the event that public'find'are unavailable and''hot appropriated for the'peiforihance 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!'" Revised 6/16 2 DocuSign Envelope ID: 5ED94CEC-6251-43C9-A798-E1F25EDF371D [SIGNATURE PAGE TO FOLLOW] ii', Revised 6/16 3 DocuSign Envelope ID: 5ED94CEC-6251-43C9-A798-E1F25EDF371D IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER i—UO<u5i �UOCUSignetl by'. gnetl by: By: 2 7z4 U yew By: 'rat,u,s iku&k,vsati, Department Director Title: Executive Di rector 200 S. Cameron St. Dispute Settlement Center, Inc. P.O. Box 8181 302 West Weaver Street Hillsborough,NC 27278 Carrboro,NC 27510 Revised 6/16 4 DocuSign Envelope ID: 5ED94CEC-6251-43C9-A798-E1F25EDF371D Dis Pule Se lament 'Your community resource for mediation,facilitation, and conflict resofution. DSC was founded in 1978 and is North Carolina'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 Asset Management Services Contact: Jeffrey E. Thompson Director,Asset Management Services Orange County Government 131 West Margaret Lane,Suite 300 PO Box 8181 Hillsborough,NC 27278 (919) 245-2625 (office) (919)245-2658 (direct) (919) 201-0192(mobile) www.orangecountync.gov Title: Leading by Example: Careful Leadership for Creating Workplace Harmony-Part 2 Date: TBD Time: 4 hours Participants: TBD;Limited to Leadership Location: TBD;Provided by Asset Management Services Description of course: This half-day training, part 2 of a 2-part series, will be designed in conjunction with leadership at Orange County's Asset Management Services Department, with the goal of giving those in leadership positions skills that will guide them in setting a good example for the workplace. In this training,we will focus on using case studies to create a shared understanding of appropriate leadership by example in difficult political and social times. Preparation for the training will consist of the development of appropriate curriculum and case studies, based specifically on the training needs of Asset Management Services. Through hands on practice and role-play, participants will develop skills related to leadership by example.Participants will: 302 West Weaver St, Carrboro NC 27510 (919)929-8800 www.disputesettlement.org Fax: (919)942-6931 DocuSign Envelope ID: 5ED94CEC-6251-43C9-A798-E1F25EDF371D Dispute Settlement Center of Orange County ® Study examples of inappropriate workplace conversation on issues of race,sex,and politics,or other examples of poor workplace decorum, and the deleterious effects on workplace harmony; ■ Learn how to handle political conversations as they arise in the workplace, and how to lead by example when managing expectations of employees; and ■ Learn how to apply these principles through use of case studies. Cost Summary: Lead Trainer consultation,preparation,design and training $960.00 (Travel and printed materials included) Other (Orange County will provide facilities,refreshments,as well as parking for DSC personnel.) 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: 5ED94CEC-6251-43C9-A798-E1F25EDF371D AC®,zD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1/10/2017 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 j1Ah ECr Crystal Ireland Business Insurers of Carolinas (Arc.IN Fx) (919)968-4611 I rq cx,No),,(919)998-8991 800 Eastowne Drive, Suite 208 App L�:cireland@business-insurers.cam PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC0 Chapel Hill NC 27515-2536 INSURERA Hamilton Mutual Insurance Co 14125 INSURED INSURER B:Employers Mutual Casualty 21415 DISPUTE SETTLEMENT CENTER INC INSURER c • 302 W WEAVER ST STE A INSURER D: • INSURER E: CARRBORO NC 27510-6004 INSURER F: COVERAGES CERTIFICATE NUMBERiCW 66315431 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 ADDLISUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE RI5 NND POLICY NUMBER JMM/DD/YYM nmwooremi LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE I X I OCCUR PREMISES ETORFNTED 300,000 PREMISES fEa aurrorrce) $ 41/54487 6/17/2016 6/17/2017 MEDFECP Any one person) _$ ' 5,000 PERSONAL&ADVINJURY $ • GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 % POLICY( IjEa I LOC PRODUCTS-COMPXOPAGG $ 2,000,000 OTHER FfredlbOnewed $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE UNIT $ (Pa acddent1 ANY AUTO BODILY INJURY(Pe-person) $ ALLOS�D SCHDU� BODILY INJURY(Pa'acddent) $ NON-OWNED PROPERTY DAMAGE $HIRED AUTOS AUTOS denl) S UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _$ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTIONS 5 WORSENS cOMPENSAT1oN x(STATUTE I ER AND EMPLOYERS'LIABILITY OFFICER/MEMBER ofRTNE IY/NI N/A EL EACH ACCIDENT $ 100,000 B (My ON aendaabory IIneNH) 41154487 6/17/2016 6/17/2017 EL DISEASE-EA EMPLOYEE S 100,000 DESCRIPTI OF OPERATIONS below EL DISEASE-POLICY LIMIT S 500,000 • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Ls required) . CERTIFICATE HOLDER ' ' " ' CANCELLATION . jethompson @orangecounty7lC. ,t.'• '' t " SHOULD ANY OF TT-IEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE'; I Orange `COYlnty ''.;T..- THE E PIRATION DATE THEREOF, NOTICE WILL eE DELIVERED ile..›P-1` PO Box $ 1 AFGO12il/ZN2E WITH THE POLICY PROVISIONS. •- Fallsbough., 1VC 27278 , 042.1 ''I yu, AUTHORIZED P.FPRESENTATNE -'5 7 ?',"i.i T(q C Ireland/IRELO1 lte ©1988-2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025rnn1nn11 1