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HomeMy WebLinkAbout2023-658-E-Housing Dept-Rachel Galanter-Motivational Intervewing trainingRevised 04/23 1 [Departmental Use Only] TITLE Motivational Interviewing - OCPEH FY 23-24 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Rachel Galanter LLC (the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: In Exhibit A attached The term of this agreement rendered shall be from 10/05/2023 to 06/30/2024. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed three thousand and eight hundred dollars, ($3800.00). 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 DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA Revised 04/23 2 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 thereof has been received by the County's Risk Manager. 5. Indemnity: To the extent authorized by North Carolina law 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 . It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree this Agreement is 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 Cha pter 64 of the North Carolina General Statutes. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 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. Regardless of the outcome of said litigation each party is responsible for i ts own costs and fees, including attorneys’ fees. DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA Revised 04/23 3 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 or 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 or non-appropriation of public funds. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Rachel Galanter LLC P.O. Box 8181 920 N. Buchanan Blvd Hillsborough, NC 27278 Durham, NC 27701-1544 DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA Owner & Trainer Revised 04/23 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Rachel Galanter LLC Vendor Contact Person: Rachel Galanter Phone: 919-491-1889 Address: 920 N. Buchanan Blvd City Durham State: NC Zip: 27701-1544 Department: Housing Amount: $3800.00 Purpose: Motivational Intervewing training Budget Code(s): 32470620 630000 Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 10/05/23 End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Contracting was initiated prior to the provision of the first in-person training sessions but scope needed to be revised for consistency. In-person sessions were provided on 10/10/23 and 10/11/23. Virtual sessions have not yet been provided Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA 11/9/2023 11/15/2023 11/15/2023 11/16/2023 Revised 04/23 5 The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA 1 A G R E E M E N T THIS AGREEMENT is hereby made between (Insert agency name), hereinafter referred to as “AGENCY,” and Rachel Galanter LLC, hereinafter referred to as the “CONTRACTOR.” The AGENCY desires to engage the CONTRACTOR to perform the professional services hereinafter described.. Therefore, the AGENCY and the CONTRACTOR do mutually agree as follows: 1. Scope of Services to be Rendered. The CONTRACTOR hereby agrees to perform the following services: Provide virtual Motivational Interviewing training for parent educators and similar professionals under the terms further described in Exhibit A. 2. Time and Place of Performance. The time and place of performance is described in Exhibit A. 3. Compensation. The AGENCY will pay the CONTRACTOR $3800. The AGENCY will also provide the supports for the CONTRACTOR’s services identified in Exhibit A. 4. Contract Administrator. The AGENCY will designate in writing a Contract Administrator for this AGREEMENT. The Contract Administrator is responsible for monitoring the CONTRACTOR’S performance, approving payment to the CONTRACTOR, and providing evaluation of the CONTRACTOR. 5. Invoice. The CONTRACTOR will submit a written invoice to the AGENCY’s Contract Administrator. The AGENCY must pay the invoice within 30 days of the date the invoice is submitted or the date the last of the services identified in the AGREEMENT is rendered, whichever is later. The AGENCY will pay 1.5% interest per month on late payments. 6. Audit of Project Records. The CONTRACTOR’S project records may be audited by the AGENCY, or duly authorized agents of the AGENCY. 7. Status as Independent Contractor. The AGENCY and CONTRACTOR agree that the CONTRACTOR is not and will not by virtue of this AGREEMENT acquire the status of an employee of the AGENCY. The AGENCY and CONTRACTOR agree that the CONTRACTOR is an independent contractor. 8. Taxes. As an independent contractor, the CONTRACTOR shall be responsible for all taxes on the compensation paid by the AGENCY. The CONTRACTOR agrees to provide the AGENCY with the CONTRACTOR’S correct taxpayer identification number upon the execution of this AGREEMENT. 9. Compliance with Law. As an independent contractor, the CONTRACTOR shall be wholly responsible for the work to be performed under the supervision of its employees. The CONTRACTOR shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of the CONTRACTOR’S business and work performance under this AGREEMENT, including those of Federal, State, and local agencies having appropriate jurisdiction. 10. Subcontractors. The CONTRACTOR shall not subcontract any work to be performed pursuant to this AGREEMENT without the written approval of the AGENCY. 11. Indemnification. The AGENCY will hold harmless and indemnify the CONTRACTOR against any an all claims and actions arising out the participation by the CONTRACTOR in the AGREEMENT including, without limitations, expenses, judgments, fines, settlements, and any other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA 2 the CONTRACTOR’s participation in the AGREEMENT. Provided that the CONTRACTOR will not be entitled to indemnification from the AGENCY where the CONTRACTOR engaged in willful misconduct or engaged in knowingly fraudulent or deliberately dishonest conduct. 12. Advertisement. This fact that the AGENCY retained the CONTRACTOR to provide the services described in the AGREEMENT, and any AGENCY evaluation of the CONTRACTOR, may be used by the CONTRACTOR for promotional purposes. 13. Entire Agreement. This AGREEMENT, including any exhibits and amendments annexed hereto and any documents incorporated specifically by reference, represents the entire agreement between the parties and supersedes all prior oral and written statements or agreements. This AGREEMENT may be amended only by written amendments duly executed by the AGENCY and the CONTRACTOR. 14. Termination of Agreement. Either party may terminate this AGREEMENT at any time prior to the CONTRACTOR completing the services for any reason by so informing the other party in writing and such termination will become effective as of the time such writing is sent. Upon such termination, the CONTRACTOR shall have no further duties or obligations to the AGENCY. Upon such termination, the AGENCY will pay the CONTRACTOR for the value of any services the CONTRACTOR provided prior to receiving written notice of the termination and for any costs incurred by the CONTRACTOR prior to receiving written notice of the termination. 15. Choice of Law. This contract shall be governed by the laws of North Carolina. IN WITNESS WHEROF, the AGENCY and the CONTRACTOR have each executed the AGREEMENT, this the____day of ___________, 2023. (Required Signatures) Rachel Galanter 6/26/23 __________________________________________________________________________________________ The CONTRACTOR (print name) Signature Date __________________________________________________________________________________________ The AGENCY (print name) Signature Date EXHIBIT A Trainer: Rachel Galanter Participants: up to 27 participants Time of Performance: 2 full day trainings at mutually agreeable dates 9:30 am- 5 pm with a morning break, lunch break, and afternoon break with three follow up coaching sessions Location of Performance: at your location in Orange County or virtually in contractor’s zoom Total cost to Agency: $3200 for training, $200/60 minute coaching session virtually Agency will conduct registration and provide a list of participants and provide a space for in person training DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA 3 Contractor will facilitate Motivational Interviewing training, provide powerpoint presentation and handout (as doc and google link in advance so people can choose to print), administer evaluation and share results Program Description: Motivational Interviewing is an evidence-based communication style designed to help people identify their readiness, willingness and ability to make meaningful c hange in their lives. We will explore techniques to draw out people in order to find out their motivations and help them become empowered to make change to meet their own goals rather than trying to externally mandate change. This introduction will involve a number of exercises to distinguish the practice of Moti vational Interviewing from other communication styles and to enhance your ability to respond to ambivalence with evocation instead of problem solving. Motivational interviewing can be added into other models to reduce attrition and increase the likelihood of participants’ success.Exercises will provide opportunities to identify change and sustain talk, make meaningful complex reflections, intentionally evoke and expand change talk, and soften sustain talk. Learning Objectives: Upon Completion of this workshop, participant should be able to:  Explain the difference between persuading and using Motivational Interviewing;  Describe benefits to evoking motivations rather than sharing information about r isks and benefits  Examine what makes it difficult to not try and problem solve before exploring motivations;  Demonstrate the ability to ask open ended questions, reflect, and affirm clients;  Discuss next steps to support implementing Motivational Interviewing Target Audience: Professionals paraprofessionals and peer supports who work in public health, with unhoused populations, mental health, or substance abuse. Contact Hours: 12 hours Agenda: Introduction to Motivational Interviewing Agenda 1. Getting to know the wisdom in the room; building comfort and identifyin g goals 25 minutes 2. Empathy building—our own health and safety choices, barriers to making change 30 minutes 3. Stages of Change 20 minutes 4. Core Motivational Interviewing Concepts 20 minutes  Partnership  Acceptance  Compassion  Evocation/Empowerment 15 minute break 5. Persuasion vs. Motivational Interviewing 60 minutes 6. Change Talk 20 minutes 7. Spirit of Motivational Interviewing 15 minutes 60 minute lunch break 8. Video Demonstration 30 minutes 9. Research showing MI works/How much MI do yo u need? 15 minutes 10. OARS to start yourself into MI 45 minutes  Open-ended questions  Affirmations  Reflections  Summaries Skill Building Agenda DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA 4 1. Readiness Ruler 25 minutes 2. Spirit of Motivational Interviewing Interactive Review 45 minutes 3. Developing our OARS  Open-ended questions 45 minutes  Affirmations 45 minutes 15 minute break  Reflections 90 minutes  Summaries 45 minutes 60 minute lunch break 4. Identifying and Evoking Change Talk 60 minutes 5. Rolling with Resistance and Emphasizing Autonomy 60 minutes 15 minute break 6. Putting it all back into practice, demonstration and application 80 minutes 7. Questions and Wrap up 30 minutes Faculty Rachel Galanter, MPH, is a professional speaker trainer, coach and El Futuro’s Technical Assistance and Consultation Lead. A NC Parenting Education Network certified Parenting Educator, she has over 25 years of experience with children, youth, and families in their homes, shelters, transitional housing, queer youth centers, schools, and on crisis lines. She uses Motivational Interviewing, the Community Resiliency Model, and Bio-feedback to help families address the ambivalence, stress and emotional issues that can be barriers to making change. She has employed proven models—Attachment Bio- Behavioral Catch Up, SafeCare, Language Is the Key, Triple P and Parent Child Interaction Therapy—to improve relationships between caregivers and children. A certified trainer by the Motivational Inte rviewing Network of Trainers and Trauma Resource Institute, she provides training and coaching to professionals on parent engagement, coaching, self-care and cultural awareness to help other agencies engage clients who need support but struggle to make change. In addition to her professional work on behalf of families, Rachel was a foster parent for a decade and added two daughters (and now four grandchildren) to her family from that time. DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10-04-2023 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 rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME: FAX: 800-589-7316PHONE 800-507-4495 (A/C, No, Ext):(A/C, No): E-MAIL ADDRESS: service@threeinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # PRODUCER Berkshire Hathaway Direct Insurance Company 1314 Douglas Street Omaha NE, 68102 INSURER A : Berkshire Hathaway Direct Insurance Company 10391 INSURER B : INSURER C : INSURER D : INSURER E : INSURED RACHEL GALANTER LLC 920 N Buchanan Blvd Durham, NC 27701-1544 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 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 INSD SUB R WVD POLICY NUMBER POLICY EFF (MM/DD/Y YYY) POLICY EXP (MM/DD/YYYY ) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ x PRODUCTS - COMP/OP AGG $ SEE GENERAL AGGREGATE A CLAIMS-MADE X OCCUR CP140177262P2 021 11/30/2022 11/30/2023 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ A OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY CP140177262 P2021 11/30/2022 11/30/2023 HIRED AND NON - OWNED $1,000,000/3,000 ,000 EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER STATUT E OTHER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A E.L. DISEASE - POLICY LIMIT $ OCCUR x A ERRORS & OMISSIONS CYBER x CP140177262 P2021 11/30/2022 11/30/2023 PerOccur/Aggregate PerOccur/Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Orange County, its officers, agents and employees are designated as "additional insured". CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County 300 West Tryon Street P.O. Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 $1,000,000 / 3,000,000 $1,000,000 / 3,000,000 OTHER: POLICY PRO- JECT LOC GEN'L AGGREGATE LIMIT APPLIES PER:3,000,000 X X X DocuSign Envelope ID: 9198C2D3-819C-488C-B162-EBD936E5D4FA