HomeMy WebLinkAbout2025-651-E-DEAPR-Dr. Charles van der Horst Water Safety Initiative-DBA Swim for Charlie-Outside Agency FundingOrange County Outside Agency Performance Agreement
Revised 07/25—County Manager Version Page 1 of 12
OUTSIDE AGENCY PERFORMANCE AGREEMENT
THIS AGREEMENT, made and entered into the first day of July 2025, (“Effective Date”) by and between
the County of Orange, a political subdivision of the State of North Carolina, Post Office Box 8181,
Hillsborough, North Carolina, 27278, ("County") and Dr. Charles van der Horst Water Safety Initiative, a
not-for-profit corporation, located at 1821 Hillandale Road, Suite B #126, Durham, North Carolina 27705
(“Provider”).
WITNESSETH:
WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby
enhance its availability to residents of the County, and said program addresses an important community
human services need, as identified by the Board of Commissioners.
NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set
forth, the County and Provider agree as follows:
1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1,
2025 to June 30, 2026.
2. Scope of Services.
a. Provider will provide services, as outlined in the attached Outside Agency Funding
Application and any amendments or revision thereto which is attached as Exhibit A and the
Scope of Services attached as Exhibit B, both of which are incorporated herein.
b. The Provider shall be solely responsible for the means, methods, techniques, sequence, safety
program and procedures necessary to properly and fully complete the work set forth in the
Scope of Services.
3. Funding.
a. The County agrees to appropriate for the provision of services described in Exhibits A and
B, the maximum sum of $8,227.00.
b. All funds appropriated shall be used for purposes described in Exhibits A and B. Any funds
not used for the purposes stated shall be returned to the County. Any changes in the use of
funds must be authorized in writing by the County prior to any expenditure of the funds by
the Provider. If the funds are expended not in accordance with the Scope of Services, at the
discretion of the County the Provider may be required to repay the funds to the County.
c. The Provider shall be paid in four equal installments in the amount of $2,056.75. The first
payment is contingent upon receipt of the agency’s performance agreement; the remaining
payments are contingent upon receipt of the request for reimbursement and related
supporting documentation.
d. The County’s obligation to make the quarterly payments is contingent upon receipt of
Progress Reports, which show satisfactory progress toward completion of performance
measures and an accounting of expenditures as detailed in the attached Scope of Services.
e. Once Provider has satisfied its obligations as provided in (d) payment will be made 21 days
after receipt of the Progress Report and Request for Reimbursement or 21 days after due date
of Progress Report whichever is later.
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f. The County is not obligated to provide any other support to Provider in this or in succeeding
fiscal years.
4. Agency Reporting.
a. Provider will provide Orange County a Progress Report that includes a fiscal report and
updates on performance measures as outlined in the Scope of Services. Progress Report dates
are: July 1 – December 31; January 1 – March 31 and April 1 - June 30. Reports are due on
January 6, April 6 and July 6 of the program fiscal year. The form of reports shall be as
described in Attachment 2.
b. Provider agrees to allow the County to inspect its financial books and records, which
document costs of those services, upon reasonable notice during normal working hours.
Performance Measures and Outcomes are subject to posting on the County’s website.
5. Termination.
a. Termination for Cause. In the event of any of the circumstances set forth below (hereinafter
referred to as “default”), the County may immediately terminate this Agreement, in whole or
in part, and from time to time. Notice of termination must be in writing, state the reason or
reasons for the termination, and specify the effective date of the termination:
i. In the event that Provider shall cease to exist as an organization or shall enter
bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of
its assets, or significantly reduce its services or accessibility to Orange County
residents during the term of this Agreement; or
ii. In the event that Provider shall fail to render a satisfactory accounting as provided
section 4 above, the County may terminate this Agreement and Provider shall return
all payments already made to it by the County for services which have not been
provided or for which no satisfactory accounting has been rendered; or
iii. In the event of any fraudulent representation by the Provider in an invoice or other
verification required to obtain payment under this Agreement or other dishonesty on
a material matter relating to the performance of services under this Agreement.
iv. Nonperformance, incomplete service or performance, or failure to satisfactorily
perform any part of the work identified in the Scope of Services or to comply with
any provision of this Agreement, as determined by the County in its sole discretion.
v. Failure to adhere to the terms of applicable county, state or federal laws, regulations,
or stated public policy.
b. In the event of default by the Provider, the county may elect to terminate this Agreement, in
whole or in part and/or require the Provider to repay the funds within ten (10) business days
from written notice of default. The County may (but shall not be required to) grant the
Provider an opportunity to cure the default without termination of this Agreement. This
clause shall not be interpreted to limit the County’s remedies in law or in equity.
c. Notwithstanding the foregoing, either party may terminate the agreement at any time without
penalty; provided that written notice of such termination is furnished to the other party at
least 30 days prior to termination. In the event of such termination, any payment due shall
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be prorated to the date of termination and any unused funds shall be returned to the County
within 10 days of termination.
d. Any termination of this Agreement for default under this section that is later deemed to be
unjustified shall be deemed a termination for convenience.
e. Waiver. The payment of any sums by the County under this Agreement or the failure of the
County to require compliance by the Provider 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 for damages by the County for any breach of this Agreement or a waiver of any other
required compliance with this Agreement.
6. Responsibilities of the County.
Cooperation and Coordination. The County has designated (Ardra Webster) to act as the
County's representative with respect to the Project who shall have the authority to render
decisions within guidelines established by the County Manager or the County Board of
Commissioners and who shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance.
a. General Requirements. The Provider shall purchase and maintain, during the period of
performance of this Agreement, insurance:
i. Worker’s Compensation. For protection from claims under workers' or workmen's
compensation acts;
ii. Cyber Liability. For protection from claims resulting from data breach, virus, and
cyberattack;
iii. Comprehensive General Liability Insurance covering claims arising out of or relating
to bodily injury, including bodily injury, sickness, disease or death of any of the
Consultant's employees or any other person and to real and personal property
including loss of use resulting thereof;
iv. Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
v. Professional Liability Insurance, covering personal injury, bodily injury and property
damage and claims arising out of or related to the performance under this Agreement
by the Consultant or his agents, consultants and employees.
vi. Sexual Misconduct. Sexual Abuse/Molestation Insurance is required when Provider
works directly one-on-one with children, elderly or other at-risk populations.
b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
Worker's Compensation Limits for Coverage A ‐
Statutory State NC, for each employee
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Limits for Coverage B ‐
Employers Liability of:
$1 million Each Occurrence
$1,000,000 BID limit
Cyber Liability $1,000,000 Each Occurrence;
$2,000,000 Aggregate
*Only required for agencies transmitting personal
identifiable information that is disseminated electronically.
Commercial General $1,000,000 Each Occurrence
Liability $2,000,000 Aggregate
Automobile Liability $1,000,000 Each Occurrence
*Only required for agencies doing travel as part of the
agreement with the County.
Professional Liability $1,000,000 Each Occurrence
$2,000,000 Aggregate
Sexual Misconduct $1,000,000 Each Occurrence
$2,000,000 Aggregate
*Only required for agencies doing direct work with minors
(under the age of 18).
c. All insurance policies (with the exception of Worker's Compensation and Professional
Liability) required under this Agreement shall name the County as an additional insured party
and as a certificate holder. For more information see 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.)
Evidence of such insurance and all correspondence shall be sent to:
Orange County Risk Manager
Post Office Box 8181
Hillsborough, NC 27278
d. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity
defenses.
8. General Provisions.
a. Governing Law. 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. By
executing this Agreement Provider affirms that Provider and any subcontractors of Provider
are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. 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.
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b. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by
Orange County the parties hereto for themselves, their agents, officials, employees and
servants agree not to discriminate in any manner of these basis of race, color, gender, national
origin, age, handicap, religion, sexual orientation, familial status or veterans status with
reference to any activities carried out by the grantee, no matter how remote. The parties
hereto further agree in all respects to conform to the provision and intent of Orange County
Civil Rights Ordinance, as amended and the Orange County Non-discrimination Policy,
which is incorporated herein by reference and can be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The
County may enforce this provision by an action for specific performance, injunctive relief,
or other remedy as by law provided; this provision shall be binding on the grantees, the
successors and assigns of the parties hereto with reference to the above subject manner.
c. Dispute Resolution. 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. It is agreed by the parties that no other court shall have jurisdiction or venue with
respect to such suits or actions. Binding arbitration may not be initiated by either Party,
however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing
of such suit or action.
d. Living Wage. Orange County is committed to providing its employees with a living wage
and encourages agencies if funds to pursue the same goal. The Orange County Living Wage
Policy, which is incorporated herein by reference, can be viewed at:
http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The
County’s living wage is $18.18 per hour. To the extent possible, Orange County
recommends that Provider provide a living wage to its employees.
e. Relationship of the Parties. Provider is an independent contractor of the County. Provider
represents that they have or will secure, at his own expense, all personnel required in
performing the services under this Agreement. Such personnel shall not be employees or
have any contractual relationship with the County. All personnel engaged in work under this
Agreement shall be fully qualified and shall be authorized and permitted under federal, state
and local law to perform such services. There are no third party beneficiaries of this
Agreement and nothing in this Agreement, express or implied, is intended to confer on any
person other than the parties hereto (and their respective successors, heirs and permitted
assigns), any rights, remedies, or obligations.
f. Compliance with all Laws and Certifications. The Provider, at its sole expense, shall
comply with all laws, ordinances, orders and regulations of the federal, state or local
governments, as well as their respective departments, commissions, boards, and officers,
which are in effect at the time of execution of this Agreement or are adopted at any time
following execution of this agreement. Provider shall execute Attachment 1 and comply with
all certifications therein.
g. Subcontract. The County and Provider deem the services provided under this Agreement
to be personal in nature and Provider may not subcontract any rights or duties under this
Agreement to any other party without prior written consent from the County.
h. Assignment. The Provider shall not assign this Agreement, including the rights to payment,
to any other party without the prior written consent of the County.
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i. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for
all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily
injury, including death or property damage, to any person or persons caused in whole or in
part by the negligence or willful misconduct of the Provider, except to the extent same are
caused by the negligence or willful misconduct of the County. It is the intent of this section
to require Provider to indemnify the County to the extent permitted under North Carolina
law. Nothing in this section is intended to affect or abrogate the County’s sovereign
immunity defenses.
j. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the
specified services and may be terminated at any time if such funds become unavailable.
k. Severability. All clauses found herein shall act independently of each other. If a clause is
found to be illegal or unenforceable, it shall have no effect on the other provisions of this
Agreement. It is understood by the parties hereto that if any part, term or provision of this
Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North
Carolina or the United States, the validity of the remaining portions or provisions shall not
be affected, and the rights and obligations of the parties shall be construed and enforced as if
the Agreement did not contain the particular part, term or provision held to be invalid.
l. Entire Agreement. This Agreement represents the entire and integrated agreement between
the County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile signatures.
m. Notices. 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 Provider’s Name Dr. Charles van der Horst Water Safety
Initiative
Attention: Ardra Webster Attention: Dr. Jonathan E. Klein
P.O. Box 8181 Address: 1821 Hillandale Rd, Suite 1B #126
Hillsborough, NC 27278 Durham, NC 27705
Email:awebster@orangecountync.gov Email:
jonathan.klein@swimforcharlie.org
n. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the intent of the
Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter
66.
IN WITNESS WHEREOF, the Orange County and the Provider have signed this Agreement, effective on
the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures
below.
For and on behalf of the Provider
_____________________________ _______________________
Dr. Jonathan E. Klein, Executive Director Date
For and on behalf of Orange County Government
_______________________________ ________________________
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Travis Myren, County Manager Date
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ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Dr. Charles van der Horst Water Safety Initiative/DBA Swim for Charlie Vendor Contact Person: Dr.
Jonathan E. Klein Phone: 919-260-0089 Address: 1821 Hillandale Rd, Suite 1B #126 City Durham State: NC Zip:
27705 Department: DEAPR Amount: $8227.00 Purpose: Outside Agency Funding Budget Code(s): 10290050
719105 Vendor # 68113
Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date July 1, 2025 End Date June 30, 2026 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: June 17, 2025); 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.
This agreement is approved as to technical form and content. Services related to this agreement have already begun
or been completed. Description of the nature of the emergency condition that was addressed:
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
The following signature block is for hard copies only and is not required for Docusign contracts:
Received for record retention:
Active
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Office of the Clerk to the Board __________________________________________Date:_________
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EXHIBIT “B”
Scope of Services – FY 2025-26
Outside Agency Performance Agreement
Agency Name: Dr. Charles van der Horst Water Safety Initiative
Program Name: Swim for CHarlie
Funding Award: $8,227
Outline how the agency will spend Orange County’s funding award.
Expense Description Amount
Operations (supplies, instructor/lifeguard fees, student certificates, skill and evaluation
reports to parents)
$12,300
Personnel salaries $26,727
Travel and training $1,230
Other $5,370
Program Services
Outline the critical services (activities) the agency will employ to attain the Anticipated Outcomes below, by June 30, 2026.
Swim for Charlie will: continue to generate positive word-of-mouth from principals, teachers and parents
whose students have gone through the program; ensure a well-run program where students are learning water
safety skills; monitor the program and provide outreach so as to maintain our high participation rate; maintain an
ongoing low student/teacher ratio by continuing our instructor recruitment activities; continue our work to improve
our advancement rate for our students by ensuring the program has a roster of trained, motivated and effective
instructors.
Orange County Strategic Plan Priority Identified in Application. Please click on the box below and select from
the drop-down menu.
Priority 2: Healthy Communities
Orange County Strategic Plan Objectives Identified in Application. Please type or cut and paste in the space
below the strategic plan objective(s) you selected in your application.
Priority 2: Healthy Community
Performance Measures and Anticipated Outcomes
The Performance Measures and Anticipated Year End Results columns must align with the Strategic Plan Priority and Objectives.
Please include quantifiable results in the form of number of persons/units served within Orange County only (all Towns and
municipalities). If you use percentages, you must also provide the total number of participants being served by the measure.
Example: Priority 2, Healthy Communities
2.9. Provide 128 families annually with case-management through the Family Success Alliance program to connect them to
medical/mental health care, housing, or food with support, information, and referral services.
Performance Measures Anticipated
Year End
Results
93% participation rate. 467 is the expected number of 2nd grade students who will be
offered the program in the 7 Orange County schools.
434 student
participants
75% advancement rate for early learners (students who start the program afraid of being
in the water or those who may not be fearful but have no water safety swimming skills).
Our projected number of early learners is 350, and the goal is to have 262 advance to
being able to independently get from a front to a back float and pull themselves out of the
water.
262 students
who advance
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Certified by: Lynn Garrett Title: Administrative Assistant Date: 9/12/2025
(Provider’s Signature)
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ATTACHMENT 1
Orange County Certifications – FY 2025-2026
Outside Agency Performance Agreement
Chief Contact, Administrators, Chief Executive Officer and Chief Financial Officer
I certify that I have provided a list of the chief contact, administrators, chief executive officer and chief
financial officer for my agency with this Agreement and that I will keep it current to the County of Orange.
The list should be in writing with the name, title, residential address; phone and email address and if possible,
fax number.
Officers and Board of Directors
I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and
that we will continue to update the list as changes occur. The list should be in writing, with the name, physical
address, mailing address and if possible, phone, fax and email address.
Budget Submission
I certify that I have provided a budget for the period to be covered by funding Orange County, and that any
substantive changes made to this budget have been in advance authorized in writing by Orange County.
Annual Financial Review
I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget
adopted by the agency for the fiscal years encompassing this Agreement. If not, please explain on a separate
sheet of paper.
Alignment with Organization’s Mission
I certify that the programs and services for which this funding is requested align with the mission of the
organization.
Intended Purpose
I certify that the funds provided to the agency under the terms of this Agreement will be used for a public
purpose and shall only be used for the purposes intended and any money not used for those purposes will be
promptly returned to Orange County.
Certified by: _______________________ Title: __________________________ Date: ___________
(Provider’s Signature)
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FOR INFORMATION ONLY
ATTACHMENT 2
As mentioned in Sections 3- Funding and Section 4- Agency Reporting of the performance agreement, the
following two forms will be required before quarterly reimbursements can be made. They are included
below for informational purposes.
Forms are available online at https://www.orangecountync.gov/736/Contracts-Reporting
Quarterly Expense Report
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Quarterly Outcomes Form
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Docusign Envelope ID: 9999BBDE-1DB9-4C2D-B0F4-E29980992B5D
Docusign Envelope ID: 9999BBDE-1DB9-4C2D-B0F4-E29980992B5D