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HomeMy WebLinkAbout2018-102-E County Mgr - Dispute Settlement Center OCPEH Conflict Training Spring 2018DocuSign Envelope ID: A9C88E8B- 0482- 4A2A- BFB5- 5B1B48EB17E7 [Departmental Use Only] TITLE OCPEH Conflict Training FY 17 -18 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of March, 2018, ( "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: See attached Exhibit A: Training Proposal The term of this agreement rendered shall be from March 20, 2018 to June 30, 2018. 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 seven hundred, ($700.00). 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 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 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 Revised 2/17 DocuSign Envelope ID: A9C88E8B- 0482 -4A2A- BFB5- 5B1B48EB17E7 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 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. 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: aw: 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.oran eg countync. og v/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 Parry, 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. Revised 2/17 2 DocuSign Envelope ID: A9C88E8B- 0482- 4A2A- BFB5- 5B1B48EB17E7 [SIGNATURE PAGE TO FOLLOW] Revised 2/17 DocuSign Envelope ID: A9C88E8B- 0482- 4A2A- BFB5- 5B1B48EB17E7 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY DocuSigned by: By: 6ltiln lt. R%wtt l''i�,t.+� County fl6379946755E477... 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 2117 4 PROVIDER OecuSigned by: By: FraV J S ail JA 6K, Title: 35CU3A4R2C MCA__ Frances Henderson, Executive Director DocuSign Envelope ID: A9C88E8B- 0482 -4A2A- BFB5- 5B1B48EB17E7 Your community resource for mediation, facilitation, and conflict resolution. 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 Partnership to End Homelessness Contact: Corey Root Homeless Programs Coordinator Orange County Partnership to End Homelessness 200 S. Cameron St., PO Box 8181, Hillsborough, NC 27278 (919) 245 -2496 croot@orangecountync.gov Title: Conflict Resolution Techniques Applied Date: April 6, May 4, and June 1, 2018 Time: Three, 1.5 hour sessions, 12:00 -1:30 each session Participants: Maximum: 20 each session Location: TBD, to be provided by client in Triangle Area Description of course: These 1.5 hour trainings will be designed for participants to apply skills and discuss real world application of skills learned in the initial training program. Learning about conflict and seeking to de- escalate it. Preparation for the training will consist of development of appropriate curriculum and role - plays, based on examples given by OC Partnership to End Homelessness staff. This training provides hands -on practice and roleplay. In the training, participants will 1) Learn to apply skills related to conflict resolution based on real world situations; 2) Have an opportunity to develop these skills in their professional community During the workshop, participants will: Review and practice conflict resolution and de- escalation techniques learned in earlier training Learn how to apply these skills when resolving conflict in their work Cost Summary: Lead Trainer consultation, preparation, design and presentation (3 sessions) $ 700 302 West Weaver St, Carrboro NC 27510 (919) 929 -8800 www.disputesettlement.org Fax: (919) 942 -6931 DocuSign Envelope ID: A9C88E8B- 0482- 4A2A- BFB5- 5B1B48EB17E7 Dispute Settlement Center of Orange County Necessary travel at .535 per mile Subtotal Cost - $ 700 (To be determined) Other (OC Partnership to End Homelessness will provide facilities and refreshments for participants, as well as parking for DSC before the training.) 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: A9C88E8B- 0482- 4A2A- BFB5- 5B11348EB17E7 ACC? " CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 8/9/2017 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 CONTACT Kelley OSo NAME: Y FvCNE. Ext: (919) 968 -4611 FAX No: (919) 968 -8991 Business Insurers of Carolinas E -MAIL ADDRESS: kloso @business- insurers.com 800 Eastowne Drive, Suite 208 INSURER(S) AFFORDING COVERAGE NAIC# PO Box 2536 INSURER A:Hamil ton Mutual Insurance Co 14125 Chapel Hill NC 27515 -2536 INSURED INSURER B :Em to ers Mutual Casualty 21415 INSURER C: DISPUTE SETTLEMENT CENTER INC INSURER D: 302 W WEAVER ST STE A INSURER E: $ 300,000 INSURER F: $ 5,000 CARRBORO NC 27510 -6004 COVERAGES CERTIFICATE NUMBER:17 /18 WC,Bop 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDY/YYYY EXP /YYYY MM/ DY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE FXI OCCUR DA AGE To RETED PRE M ISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 4W54487 6/17/2017 6/17/2018 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT F7 LOC X PRODUCTS - COMP /OP AGG $ 2 , 000 , 000 Hired /Borrowed $ 1, 000 , 000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X PER OTH- STATUTE 7 1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 100,000 B OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N/A 4H54487 6/17/2017 6/17/2018 E.L. DISEASE - EA EMPLOYE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION jethompson @orangecountync. Orange County PO Box 8181 Hillsborough, NC 27278 ACORD 25 (2014/01) INSn25rgmami SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE lley Loso /KELLL ° L ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD