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HomeMy WebLinkAbout2019-780-E County Mgr - Chapel Hill Carrboro Chamber of Commerce tradescraft center feasibility consultingRevised 12/18 1 [Departmental Use Only] TITLE Tradescraft Center Needs Analysis and Feasibility Study FY 19-20 NORTH CAROLINA CONSULTING SERVICES AGREEMENT UNDER $90,000 ORANGE COUNTY This Agreement, made and entered into this 30th day of September, 2019, (“Effective Date”) by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and The Chamber for a Greater Chapel Hill- Carrboro, (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement (“Agreement”) is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project)a needs analysis and feasibility study of a Tradescraft Center in Orange County. 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant 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. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Revised 12/18 2 of all reports, drawings, specifications, plans, documents and services (hereinafter “Deliverables”) related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as described in Exhibit A. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform its activities in a timely manner. 4.1.2 Should the County determine that the Consultant is more than thirty (30) days behind the agreed upon schedule, and the delay is not directly caused by the County, it may DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Revised 12/18 3 require the Consultant to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be upon contract execution. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all satisfactory services performed and work accomplished under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is twenty thousand Dollars ($20,000). Two-thirds payment ($13,200) due upon contract confirmation (October 2019) and remaining one-third ($6,800) due upon submission of final report (May 2020). ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Travis Myren to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by Owner’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 Owner’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). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Revised 12/18 4 7.2 Indemnity 7.2.1 The Consultant agrees, without limitation, to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Consultant except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services 8.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant may terminate this Agreement based upon the County's material breach of this Agreement. The Consultant shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Consultant. 9.3.2 Should this Agreement be terminated, the Consultant shall deliver to the County within seven (7) days, at no additional cost, all Deliverables including any electronic data or files relating to the Project. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Revised 12/18 5 for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 9.5 Suspension 9.5.1 County may suspend the work at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with, the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Consultant 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 the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant’s breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147- 86.58 and the Israel boycott list created pursuant to G.S. 147-86.81. 10.4 Dispute Resolution DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Revised 12/18 6 10.4.1 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 and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. Under no circumstances shall any dispute be addressed through binding arbitration. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the Request for Proposals together with attachments distributed by the County and the Consultant’s submitted Proposal, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of documents shall be This Agreement, the County’s Request for Proposals, attachments to the County’s Request for Proposals, the Consultant’s Proposal. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. Provided, however, that such Deliverables and supporting materials and information may be freely used for purely academic purposes. 10.8 Non-Appropriation 10.8.1 Consultant 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 Consultant of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County’s statutory authority, mandate and/or mandated functions, DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Revised 12/18 7 by state and/or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County’s legal authority. 10.9 Notices and Signatures 10.9.1 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. 10.9.2 Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Consultant’s Name & Address Attention: Travis Myren The Chamber for a Greater Chapel Hill-Carrboro P.O. Box 8181 104 South Estes Drive Hillsborough, NC 27278 Chapel Hill, NC 27514 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. COUNTY: Orange County CONSULTANT: The Chamber for a Greater Chapel Hill-Carrboro __________________________ ____________________________ County Manager Aaron Nelson, President & CEO Printed Name and Title DocuSign Envelope ID: B17DD799-4020-41C5-A5D6-217533E39C68 Exhibit A Proposal Purpose Compile an inventory of agencies participating in the work force development pipeline available to Orange County and assess the feasibility of a Tradescraft Center (Retrieved from https://www.oranciecountync.gov/2147/Proposed-Budget-Amendments). Deliverables (Per"Al" retrieved from htt s: www.oran ecoun nc. ov DocumentCenter View 7435 Amendments-Attachment-A-1- Feasibi I ity-Study-for-Tradescraft-Training-Center) 1. Develop list of potential community pipelines for Tradescraft Training Center a. Secondary School Systems. b. Community agencies (Empowerment Inc., Club Nova, Refugee Partners, etc.). c. Large Institutions (UNC-Chapel Hill current work force, Large contractors, etc.). d. Specialized populations (Women, prison release, retired, etc.). 2. List of agencies who want to or are conducting training within the County. a. Secondary Schools. b. Community Colleges (Durham Tech, Central Carolina Community College). c. Specialized programs (Hope Renovations, El Centro). d. Large Institutions (UNC-Chapel Hill, Large Contractors). e. Associations. 3. List of Placement Services. a. Secondary Schools. b. County services. c. State Services. d. Community Colleges. e. Community agencies. 4. List of potential sponsors for apprenticeship programs. S. List of best practice programs in Tradescraft Training Programs. 6. List of potential sites in Orange County to locate a Tradescraft Training program. 7. Estimate Total Cost to develop a Tradescraft Training Center. S. Outline a potential administrative structure to manage a center and to coordinate all the elements in the pipeline flow. Page 1 of 4 9. Conduct two or three meetings presenting findings to Tradescraft Training Study Group. (Per"A2" retrieved from https:I/www,orangecountync.gov/DocumentCenter/View/7432/Amendment-Attachment- A-2TradesCraft Working Group). 10. Provide a written report compiling all findings. Process The Chamber will deliver on all ten elements as outlined above ("A1'� and do so in collaboration with the Hillsborough/Orange County Chamber of Commerce; Durham Technical Community College; the Home Builders Association of Durham, Orange, and Chatham Counties; NC Works Career Center of Orange County; the Regional Partnership Workforce Development Board; and the organizations engaged in the March 22, 2019 discussion as referenced in the amendment ("A2'�. The process will involve in-depth research, electronic survey(s), and in-person meetings. The Chamber Vice President for External Affairs, Katie Loovis, MPA (a doctoral student focusing on workforce development), will serve as the project manager. Geographically, our focus will be on the laborshed and workforce needs of Orange County employers and the training needs of Orange County residents. The findings will culminate in a final report deliverable in May 2020. Fees & Timetable The Chamber will lead the development of an inventory of agencies participating in the work force development pipeline available to Orange County and assess the feasibility of a Tradescraft Center culminating in a report by May 2020 for $20,000. Two-thirds payment ($13,200) due upon contract confirmation (September 2019) and remaining one-third ($6,800) due upon submission of final report (May 2020). Page 2 of 4 Qualifications Project Manager; Katie Loovis, MPA, Vice President of External Affairs, The Chamber For a Greater Chapel Hill-Carrboro ✓ Nearly 20 years of experience in facilitating government, non-profit, and business collaboration ✓ Doctoral student in Community College Leadership with a focus on workforce development, at NC State University ✓ Workforce development lead for The Chamber For a Greater Chapel Hill-Carrboro ✓ Skilled communicator with expertise in synthesizing complex information into clear and succinct summaries. Katie Loovis joined The Chamber is September 2017 as Vice President for External Affairs. In this role, Katie directs the activities of the External Relations Division, encompassing government relations, advocacy, public policy, community relations, external communications, and workforce development. Katie's career in public service includes key roles in government (The White House), business (GSK), and the nonprofit sector (Achieving the Dream) as well as with the national and a local Chamber of Commerce. She is a strategic communications and government affairs executive with nearly 20 years of experience developing meaningful, multi-sector partnerships that transform lives and improve communities. Globally, Katie is on the Board of Directors for 9/11 Day of Service and Remembrance and the Advisory Board for Corporate Citizenship at the U.S. Chamber of Commerce Foundation. Locally, Katie is on the Board of Directors for Durham Tech Foundation and the Chapel Hill Downtown Partnership, and is Secretary of the Board for the regional chapter of the American Association of University Women. She is also a member of the Orange County Partnership to End Homelessness Leadership Council and the Orange County Local Reentry Council. Katie volunteers with the NC Study Center and is a Leadership Chapel Hill-Carrboro Fellow (2017), as well as a graduate of Leadership North Carolina (2018) and the Town of Chapel Hill's Peoples Academy (2018). Katie earned an MPA and BA in Communication Studies with honors from the University of North Carolina at Chapel Hill, where she co-captained the NCAA Division I Women's Lacrosse Team. Currently, Katie is earning her doctorate (Ed.D.) from NC State University in Community College Leadership with a focus on workforce development. Page 3 of 4 Project Managing Organization: The Chamber For a Greater Chapel Hill-Carrboro ✓ Several Chamber members in the skilled trades industry and industry representation on the Chamber's Board of Directors (ex: Chris Ehrenfeld of Bold Construction). ✓ The Chamber, together with the Chamber's Partnership for a Sustainable Community, coordinates the Inter-City Visit and Leadership Conference (ICV). Through this biennial event, The Chamber takes 75-100 local business and community leaders to another town for in-depth, three-day learning experience. The most recent ICV to Lawrence, Kansas included a tour of Peaslee Tech & the Lawrence College and Career Center and a deep-dive discussion on strategic workforce development, which helped inspire this feasibility study for a Tradescraft Center in Orange County. ✓ The Chamber delivers an annual State of the Community Report, which features cutting- edge data on the social, environmental, and economic Indicators on the health of our community, which helps inform regional and local economic and workforce development decisions. ✓ The Chamber founded and directs the Carolina Export Assistance Center (www.chamberexport.com), which now partners with twelve other chambers of commerce and serves businesses exporting globally from a three state region (NC, SC, and VA) and successfully manages a federal grant to implement the Small Business Energy Initiative ✓ The Chamber hosts every-other-month forums as part of the 2019 Policy Series, including an Economic Development Briefing, which features local and regional leaders shaping the future of our region. Further, The Chamber regularly partners with local economic development organizations to recruit new employers to the region. The Chamber For a Greater Chapel Hill-Carrboro (The Chamber) is a membership organization that serves and advances the business interests of Greater Chapel Hill, including the Towns of Chapel Hill and Carrboro as well as southern Orange, northern Chatham, and southwest Durham counties. The Chamber's network is growing with nearly 1,000-member enterprises that employ more than 95,000 workers throughout the region. Together with its network, The Chamber is committed to building a sustainable community where business thrives. 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