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HomeMy WebLinkAbout2018-098 Finance - Town of Carrboro OC Food Council agreement a CA NORTH CAROLINA SERVICE CONTRACT TOWN OF CARRBORO THIS CONTRACT is made , and entered into this the 1st day of February, 2018 , by and between the TOWN of CARRBORO , a political subdivision of the State of North Carolina, (hereinafter referred to as " TOWN" , party of the first part and Oranize County, NC on behalf of the Orange County Food Council. , (hereinafter referred to as " CONTRACTOR" ) , party of the second part . 1 . SERVICES TO BE PROVIDED CONTRACTOR hereby agrees to provide services and/or materials under this contract (hereinafter referred to collectively as " SERVICES " ) pursuant to the provisions and specifications identified in "Attachment 1 " . 2 . TERM OF CONTRACT The term of this CONTRACT for services and supplies is from February 1 , 2018 to June 1 , 2018 . 3 . PAYMENT TO CONTRACTOR CONTRACTOR shall receive from TOWN $ 3000 . 00 . Unless otherwise specified, CONTRACTOR shall submit one invoice to Annette Lafferty at the Economic and Community Development Department of the Town of Carrboro , NC 27510 . Payment will be processed within 30 days upon receipt and approval of the invoice by TOWN . 4 . INDEPENDENT CONTRACTOR TOWN and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of TOWN for any purpose in the performance of CONTRACTOR' S duties under this contract . Accordingly , CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of CONTRACTOR' S activities in accordance with this contract . For purposes of this contract taxes shall include, but not be limited to , Federal and State Income , Social Security and Unemployment Insurance taxes . CONTRACTOR, as an independent contractor, shall perform said services in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies . 5 . INSURANCE AND INDEMNITY To the fullest extent permitted by laws and regulations , the CONTRACTOR shall indemnify and hold harmless the TOWN and its officials , agents , and employees from and against all claims , damages , 2 losses , and expenses , direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects , attorneys, and other professionals and costs related to court action or arbitration) arising out of of resulting from the performance of this Contract or the actions of the CONTRACTOR or its officials, employees , or contractors under this Contract or under the contracts entered into by the CONTRACTOR in connection with this Contract . This indemnification shall survive the termination of this agreement . In addition, CONTRACTOR shall comply with the North Carolina Workers ' Compensation Act and shall provide for the payment of workers ' compensation to its employees in the manner and to the extent required by such Act. CONTRACTOR shall supply TOWN with certification of insurance for workers ' compensation coverage with North Carolina statutory limits . CONTRACTOR shall maintain, at its expense , the following minimum insurance coverage : General Liability with Combined Single Limit Bodily Injury and Property Damage not less than $ 1 , 000 , 000 and Products and Completed Operations Liability not less than $ 1 , 000 , 000 . CONTRACTOR agrees to furnish TOWN proof of compliance with the insurance coverage requirements of this contract prior to commencing work . CONTRACTOR shall furnish TOWN a certificate of insurance from an insurance company, licensed to do business in the State of North Carolina and acceptable to TOWN verifying the existence of any insurance coverage required by TOWN . The certificate will provide for thirty ( 30 ) days advance notice in the event of termination or cancellation of coverage . 6 . HEALTH AND SAFETY CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing services under this contract . 7 . NON-DISCRIMINATION IN EMPLOYMENT CONTRACTOR shall not discriminate against any employee or applicant for employment because of age , sex, race , creed, national origin, disability or on the basis of sexual orientation or gender expression/ ' dent ' . CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated fairly and legally during employment with regard to their age , sex, race, creed, national origin, disability or on the basis of sexual orientation or gender expression/identity . In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non- discrimination provision of federal, state or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by TOWN, and CONTRACTOR may be declared ineligible for further TOWN contracts . 8 . GOVERNING LAW This contract shall be governed by and in accordance with the laws of the State of North Carolina . All actions relating in any way to this contract shall be brought in the General Court of Justice in the County of Orange and the State of North Carolina . 9 . &VERIFY The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes . CONTRACTOR shall require subcontractors to comply with the requirements of Article 2, Chapter 64 of the North Carolina General Statutes . 3 10 . AMENDMENT This contract may be amended only in writing by mutual agreement by both parties . 11 . TERMINATION OF AGREEMENT This contract may be terminated at any time by either party by written notice of a minimum of ninety (90 ) days . This contract may be terminated, for cause , by the non-breaching party notifying the breaching party of a substantial failure to perform in accordance with the provisions of this contract and if the failure is not corrected within ten ( 10 ) days of the receipt of the notification . Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law. Termination of this agreement, either with or without cause , shall not form the basis of any claim for loss of anticipated profits by either party . 12 . SUCCESSORS AND ASSIGNS CONTRACTOR shall not assign its interest in this contract without the written consent of TOWN . CONTRACTOR has no authority to enter into contracts on behalf of TOWN . 13 . COMPLIANCE WITH LAWS CONTRACTOR represents that it is in compliance with all Federal , State, and local laws , regulations or orders , as amended or supplemented . The implementation or this contract will be carried out in strict compliance with all Federal , State, or local laws regarding discrimination in employment . 14 . NOTICES All notices which may be required by this contract or any rule of law shall be effective when received by certified mail sent to the following addresses : TOWN OF CARRBORO PURCHASING DEPARTMENT 301 WEST MAIN STREET CARRBORO , NORTH CAROLINA, 27510 15 . AUDIT RIGHTS For all services being provided under this contract, TOWN shall have the right to inspect, examine , and make copies of any and all books , accounts , invoices , records and other writings relating to the performance of said services . Audits shall take place at times and locations mutually agreed upon by both parties , although CONTRACTOR must make the materials to be audited available within one ( 1 ) week of the request for them . 16 . TOWN NOT RESPONSIBLE FOR EXPENSES TOWN shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR unless otherwise agreed in writing . 4 17. ENTIRE AGREEMENT This Agreement and the attached document labeled "Attachment 1 " shall constitute the entire understanding between TOWN and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties . 18 . HEADINGS . The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions . 19 . IRAN DIVESTMENT ACT CERTIFICATION Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer pursuant to N . C . G . S . 14746 . 58 . Contractor shall not utilize any subcontractor that is identified on the List . 5 The CONTRACTOR hereby agrees that each clause of this CONTRACT has been read and fully understands the meaning of the same and will comply with all of its terms . TOWN OF CARRBORO CONTRACTOR Title : Title : ATTEST ATTEST Title : This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act . Finance Officer Attachment 1 Amendments to Scope of Services . Orange County Food Council 2017 - 2018 Fiscal Year Amendments to Scope of Services • The only change to the Scope of Services agreement for the Orange County Food Council ' s 2017- 2018 fiscal year is applied to Goal area 3 . The original version of this goal is highlighted and the amended version is written in black text below. This goal area had to be amended due to a lack of funding for the Healthy Corner Store initiative . Goal 1 . Action Plan development The Action Plan will be developed in 2 parts . Part one will be an internal document that helps guide the council ' s priorities , task and action timelines , and works within the council ' s existing by- laws and decision making structure . The second part of this Action Plan will function as a public document that incorporates some of the data from the quantitative and qualitative Baseline Community Food Assessment the council conducted with the Center for Health Promotion and Disease Prevention . This Action Plan will be a working document that is updated and reviewed by the council on a continual basis . The plan will include four main steps 1 ) Identified issues in the county/ regional food system 2 ) method for prioritizing issues and actions 3 ) Identify and list strategic partners , stakeholders , and decision makers 4 ) List tactics for addressing priority issues . Goal 2 . Strategic Outreach & Engagement The Orange County Food Council will continue to work with the Family Success Alliance to convene organizations located in or around Zones 4 and 6 that are addressing food access , childhood nutrition , and other food related issues and services . FSA hosts regular meetings with Zone Navigators , which serve as a direct connection between families and resources . The council will create opportunities for Zone Navigators from Zones 4 and 6 to learn more about food - related organizations and food resources in the region . We will expand on and update the " Orange County Food Access Map " created by a food access working group assembled by the Inter- Faith Council for Social Services in 2016 ( attached in appendix) . The updated version will have three new components that include 1 ) Summer meal sites for students eligible for or participating in the free breakfast and free and reduced lunch program 2 ) Updated list of emergency food pick up locations and services 3 ) List of corner stores with healthy retail options -this item is being developed along with Goal 3 . Goal 3 . We will convene a workgroup to develop and implement a health reprogram working in corner stores in Family Success Alliance Zones 4 and 6 to address food insecurity in food deserts where our most vulnerable residents live by providing equipment , signage , and marketing to increase access to healthy foods . We will base the program on the North Carolina State Healthy Food Small Retailer Program recently funded by the North Carolina General Assembly ( one current OCFC member, Dr. Molly De Marco is an advisor to that program ) . The workgroup will bring together the Orange County Health Department (Ashley Mercer is a OCFC member and on staff with the health department) , the Family Success Alliance , and UNC ' s Center for Health Promotion & Disease Prevention ( Dr. De Marco is a OCFC member and leads the Healthy Food for All study that is piloting healthy retail programs in rural Orange County) along with interested residents and corner store owners or staff. We will develop an application ( see Appendix for the application from the state program , which we will model our ' s on ) , conduct outreach with corner stores to identify two stores willing to participate in each zone ( using the map being further developed in Goal 2 and information FSA staff gather on which stores residents frequent most often ) , assist store owners to determine needed equipment and provide technical assistance for them to accept SNAP and WIC if they do not already. We will develop and test messages to encourage healthy eating working directly with the populations who frequent the stores . The Center for Health Promotion & Disease Prevention will provide evaluation support for the success of the program . * See new goal area number 3 below* Food Council ' s goals in partnership with the Orange County Board of Health and the BOH 2016 - 2018 strategic plan include but may not be fully limited to : 1 ) Work with the Board of Health Strategic Plan Manager to research successful models and policies that address food access issues through healthy corner store programs and improve healthy food access in " food deserts " using the USDA definition . The Food Council will also help draft policies with the BOH Strategic Plan Manager and the BOH Physical Activity and Nutrition Sub - Committee if a policy proposal is considered a necessary next step . This goal area will include but not be limited to : • Research policy alternatives that seek change in food policies that provide incentives and help subsidize purchasing healthy, fresh foods . Focus on policies that are not proscriptive but empowering . • Increase potential to coordinate across sectors and with more regional food groups and organizations . • Help educate Orange County residents and community members about existing services that increase healthy food access and the barriers that limit healthy food access . 2 ) Designated OCFC members will give a presentation on the state of food access and food security in Orange County to the Board of Health on either October 25 or November 29 , 3 ) Research successful " soda tax " and healthy eating incentive programs and policies with the Board of Health Strategic Plan Manager and , if deemed appropriate , help draft a policy proposal . The Food Council will be using this Race Equity and Social Justice Toolkit for areas 1 and 3 . Goal 4 . Collaborate with other food councils in the state The council coordinator will schedule meetings with at least two other North Carolina Food Councils to share success and challenges of operating as conveners to strengthen local food systems . Over the past five years , numerous food councils have formed across the state . There are now over 30 active food councils in North Carolina . They do not all look the same in how they are structured , but they all share the purpose of acting as conveners of disparate groups that come together to achieve common goals centered around food — be it nutrition , access , economic development, sustainability, etc . When brought together in the same room , these different groups find that many of their individual efforts help accomplish the goals of another group ( Ex . A public school 's desire to serve local , fresh food in the cafeteria can work in concert with a farmer 's desire to sell more of their product locally and survive as a family farm . The gap in the supply chain of scaling up produce grown by local farmers to supply that school with enough product could be filled by a local entrepreneur ) . The new- ness of the food council model in this state means that the learning curve is steep , and the various councils have much to learn from each other to capitalize off of other 's successes and anticipate pitfalls . We plan to collaborate with other councils to engage in this learning process and better serve the residents of Orange County. Learning best practices and collaborating with other regional resources will help OCFC better accomplish all of the mentioned program goals . c ) Describe the community need or problem to be addressed in relation to the Chapel Hill Human Services Needs Assessment , Orange County BOCC Goals and Priorities , Town of Chapel Hill Council Goals , Carrboro Board Priorities , or other community priorities ( i . e . Council / Board Goals ) . Reference local data ( using the provided links , i . e . Chapel Hill Human Services Needs Assessment) to support the need for this program . Orange County has over 15 , 000 residents living in low- income/low food access areas with 15 . 4 % of residents experiencing food insecurity. The rate is even higher among children in Orange County ( 20 . 1 % ) . There is a disparity between north and south Orange County with children receiving Free and Reduced Price Lunch (43 % vs . 28 % ) . A further challenge to our county food system is that the average age of a farmer in Orange County is nearing retirement age ( 58 . 6 years ) . (US Census; US Ag Census data) These statistics provide evidence of community need for all four of our proposed goals .