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Home My WebLink About2018-320-E County Mgr - Dispute Settlement Center trainingDocuSign Envelope ID: FA331D53- 1564- 4E84- 9D4F- EBF6D96B73CE [Departmental Use Only] TITLE DSC OCPEH 18 -19 FY 2018 -2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of August, 2018, ( "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"), parry 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: See Attachment A: Scope of Services The term of this agreement rendered shall be from August 1, 2018 to June 30, 2019. 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 two thousand five hundred dollars, ($2500.00). 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 Revised 10/17 (Mgr appry 5k 6/18) DocuSign Envelope ID: FA331D53- 1564- 4E84- 9D4F- EBF6D96B73CE 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 (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, without limitation, 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 consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA 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 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 c�tync. _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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81. 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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. Revised 10/17 (Mgr appry 5k 6/18) 2 DocuSign Envelope ID: FA331D53- 1564- 4E84- 9D4F- EBF6D96B73CE 10. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY DocuSigned icy: By: 66ltilnil.GUwtt #^i Departs 06379946755E477... 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/17 (Mgr appry 5k 6/18) PROVIDER UocuSigned by: Tltle: 35CG3A4B2C124C8... Frances Henderson, Executive Director The Dispute Settlement Center DocuSign Envelope ID: FA331D53- 1564- 4E84- 9D4F- EBF6D96B73CE Your community resource for mediation, facilitation, and conflict resolution. ATTACHMENT A: Scope of Work 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: August 2018 - June 2019 Time: Eleven 1.5 hour sessions 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 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 302 West Weaver St, Carrboro NC 27510 (919) 929 -8800 www.disputesettlement.org Fax: (919) 942 -6931 DocuSign Envelope ID: FA331 D53- 1564- 4E84- 9D4F- EBF6D96B73CE Dispute Settlement Center of Orange County Cost Summary: Lead Trainer consultation, preparation, design and presentation (11 sessions) $ 2200 Necessary travel at .535 per mile Subtotal Cost - $ 2200 (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: FA331D53- 1564- 4E84- 9D4F- EBF6D96B73CE s�C t�® CERTIFICATE OF LIABILITY INSURANCE DATE(MUMDIYYYY) CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0 511 61201 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 have ADDITIONAL INSURED provisions or 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 Diane Nadeau NAME Business Insurers of Carolinas PHONE Ext: N. 968 -4611 Nn : (919) 968 -8991 800 Eastowne Drive, Suite 208 1=40AIL dnadeau @businessAnsurers.com ADDRESS: PO Box 2536 EACH OCCURRENCE $ 1,000,000 INSURER(S) AFFORDING COVERAGE NAIC # Chapel Hill NC 27515 -2536 1111RERA: American Liberty Insurance Co 25186 INSURED Emplo e INSURER B : Employers Mutual Casualty 21415 DISPUTE SETTLEMENT CENTER INC INSURER C 302 W WEAVER ST STF A INSURER D : INSURER E: $ A CARRBORO NC 27510 -6004 INSURER F : 4W54487 UVV1zKAGtc5 CERTIFICATE NUMRERt L:LItS01bZZZ6b PF=VIQlnfd iW IUIZF17- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE 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 ALIUL INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MWDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES FR =n ce $ 300'000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ A 4W54487 06/17/2018 06/17/2019 GEN'LAGGREGATE LlMITAPPLIES PER POLICY ❑ PECT_ ❑ LOC GENERAL AGGREGATE $ 2.000,000 PRODUCTS - COMPIOPAGO $ 2,000,000 Hirediborrowed $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acciderrt $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per aoc?dent $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER B AND EMPLOYERS LIABILITY D? ANY PROPRIETORIPARTNER(EXECUTIVE Y❑ OFFJCERfMEMBER EXCLUDE NIA 4H54487 06/17/2018 06/17/2019 STATUTE ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE -EA EMPLOYEE $ 100,000 (Mandatory in NH) If yes, describe under ❑ ESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY UM1T $ 500'000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Orange County Government PO Box 8181 Hillsborough NC 27278 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 Oc 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD