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HomeMy WebLinkAbout2018-575-E Health - Youth Empowered Solutions coaching programRevised 10/17 (Mgr apprv 5k 6/18) 1 [Departmental Use Only] TITLE YES! TRU Revamp FY 2018-2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 17th day of September, 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"), party of the first part; and Youth Empowered Solutions (YES!) (the "Provider"), party of the second part; W I T N E S S E T H: 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: Provide consultative coaching and focused technical assistance to Orange County Health Department to develop a youth council on health and shift to a model of youth empowerment and community-based leadership with a focus on racial and social equities as stated in the attached Exhibit A - YES! Proposal: Orange County Health Department. The term of this agreement rendered shall be from October 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 responsibl e 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 Four Thousand Dollars, ($4,000). 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. DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 Revised 10/17 (Mgr apprv 5k 6/18) 2 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/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 ther eof 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 t he 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 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 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 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 DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 Revised 10/17 (Mgr apprv 5k 6/18) 3 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 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 PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Youth Empowered Solutions (YES!) P.O. Box 8181 4021 Carya Drive, Suite 160 Hillsborough, NC 27278 Raleigh, NC 27610 DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 Executive Director Exhibit A Youth Empowered Solutions (YES!) YES! Proposal: Orange County Health Department August 20, 2018 The information shared in this proposal is confidential and proprietary. The recipient shall hold this proprietary information in confidence and shall not disclose to any person outside its organization. The recipient shall use such proprietary information only for the purpose for which it was disclosed and shall not use or exploit such proprietary information for its own benefit or the benefit of another without prior written consent of the disclosing party. This specifically applies to training information and content related to the YES! Youth Empowerment Model. DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 1 | Youth Empowered Solutions The information shared in this proposal is confidential and proprietary. YES! Background and history: Young people under the age of 18 make up more than a quarter of the U.S. population, yet their potential as a generation to contribute to a better society is systematically ignored. Our nation is suffering economically, creatively, and civilly as a result. Empowering young people to participate in effective youth-adult partnerships is a proven, replicable approach to solving community problems. Youth Empowered Solutions (YES!) has developed a nationally-recognized model of social change through youth empowerment and works to leverage the unique skills and power of young people. YES! is a national 501(c)(3) nonprofit organization centered on the idea that real community change cannot take place without the contributions of young people. Using the YES! Youth Empowerment Model©, YES! works with youth to develop a deep critical awareness about the root causes of the issues that impact them, then works with them to develop the skills necessary to understand these complex issues, and engage in collaboration to effectively identify and advocate for solutions to those issues. YES! also helps other adults and organizations understand the importance of youth empowerment and build their own capacity to work with youth in ways that support their mission. By engaging youth in our work, organizations and communities become more creative, resourceful, tech savvy, powerful, and successful at creating meaningful and sustainable solutions for community challenges. YES! is committed to creating community change through social justice and an explicit, not exclusive, racial equity framework. We believe that structural racism is the underlying root cause of inequities we seek to address across many different sectors, including but not limited to, health, education, housing and the criminal justice system. Our position is that racial equity is critical to successful youth empowerment because of the many ways that youth of color DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 2 | Youth Empowered Solutions The information shared in this proposal is confidential and proprietary. are disproportionately impacted by these biased systems. YES! firmly believes that in order to effectively empower youth, both youth and adults need to have a sound understanding of racial equity and the reality that one’s experiences in society can be vastly different, depending on one’s race. Part of our approach includes this explicit acknowledgment of our beliefs and discussions with potential partners to ensure that we can move forward with a shared understanding and goal as it pertains to advancing racial justice in our society. YES! will provide racial equity resources and tools to partner organizations, facilitate deeper discussions within the YES! Network, and work together to create a world with equitable opportunities for all. Proposed Service: YES! will provide consultative coaching and focused technical assistance to Orange County Health Department to develop a youth council on health and shift to a model of youth empowerment and community-based leadership with a focus on racial and social equities. Proposed Timeframe: September 1, 2018-June 30, 2019 Objectives:  To provide consultative coaching, focused technical assistance, and up to 2 site visits to help revamp and transition the Orange County Health Department’s current Tobacco. Reality. Unfiltered. (TRU) Clubs to a YES! Youth Empowerment, Racial Equity Model.  To develop internal systems, youth recruitment and staffing policies and procedures and marketing collateral. DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 3 | Youth Empowered Solutions The information shared in this proposal is confidential and proprietary.  To assist Orange County Adult staff with norming new processes by providing access to YES! Youth Network Training for Adult Leaders and recommended program plan strategies. To implement these objectives, YES! will provide the following services and resources: Activities: YES! will provide Consultative Coaching and Focused Technical Assistance. Provide 25 hours of consulting and focused technical assistance for the Orange County Health Department’s transition to a youth empowerment and racial equity model.  Provide and conduct the YES! Youth Empowerment & Racial Equity (YE/RE) Organizational Assessment.  Develop strategies and recommendations to implement YE/RE Assessment findings.  Provide space for 2-3 adult leaders from Orange County to attend YES! Adult Leader Training.  Provide Youth Empowerment, recruitment, and staffing tools and resources to help with YE/RE Assessment findings. Orange County Health Department will:  Help to develop a consulting timeline with dates and times for consultative coaching and focused technical assistance.  Invite all relevant staff to be present during in person coaching sessions. DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 4 | Youth Empowered Solutions The information shared in this proposal is confidential and proprietary.  Be responsible to complete all agreed upon milestones to meet the relationship objectives, including the YES! Youth Empowerment & Racial Equity Assessment. Proposed Fees & Deliverables: Proposed Deliverables Proposed Fees 25 hours of YES! Consultative Coaching and Focused Technical Assistance Services $4,000 TOTAL ESTIMATED COST $4,000 DocuSign Envelope ID: 2A186D1A-DC0C-4AF3-A358-6DD18C89D561 DocuSign Envelope ID:2A186D1A-DCOC-4AF3-A358-6DD18C89D561 v ucna�r. r 1 VJJJJ U4Tlll.1 1 t1CIV111,11 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 9/04/2018 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 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: McGriff Insurance Service PHONE ggg 743-2217 FAX 8888279861 A/C,IN Ext: A/C,No 414 Gallimore Dairy Road E-MAIL ADDRESS: Suite F INSURER(S)AFFORDING COVERAGE NAIC# Greensboro, NC 27409 INSURER A Alliance of Nonprofits Ins RRG 10023 INSURED INSURER B:Hartford Casualty Insurance Company 29424 Youth Empowered Solutions (YES!) INSURER C 4021 Carya Dr Ste 160 INSURER D Raleigh, NC 27610-2914 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD • COMMERCIAL GENERAL LIABILITY 201822298 1/01/2018 01/01/201 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES ERENTED nce $110001000 MED EXP(Anyone person) $20,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ • AUTOMOBILE LIABILITY 201822298 1/01/2018 01/01/201 Eaaociden SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR 201822298UMB 1/01/2018 01/01/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 D I X RETENTION$10,000 $ B WORKERS COMPENSATION 22WBCDO9075 01101/2018 01/01/2019 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE R ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500 000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500 000 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) **Workers Comp Information ** Proprietors/Partners/Executive Officers/Members Excluded: CORNWELL, THOMAS, ELECOFC JONES, HEATHER, ELECOFC REEVE, REBECCA, ELECOFC (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION The Orange County Health SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department ACCORDANCE WITH THE POLICY PROVISIONS. 300 West Tryon St. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. 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