HomeMy WebLinkAbout2013-097 Animal Services - CLAWS inc for Provide two different wildlife related trainings $600 -
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TITLE Staff Training:Wildlife
FY FY2012 2013
ORANGE COUNTY
CONTRACT UNDER$8°000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 3 day of April, 20l], (^1BffectiveDu*: )6vuud
Orange h��x�� Orange County, North Carolina, u body politic and corporate organized under the laws of the State
of North Carolina, (the "C000ty"), party of the first pad; and CLAWS, Inc. Abe "Pcovidur"), party ofthe
second part;
W DTYV0 0 SE TH;
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement,time being of&essence:
The services and/or materials and/or construction (hereinafter referred to collectively uu^^Sarvioom`)
to he furnished under this Agreement are as fhDovvm:
i Provider shall provide two different wildlife-related training sessions for Animal Services staff,
ii. Provider will provide training about how and when tm refer wildlife calls that come in to Animal
Services iu relation 10 periods uf the greatest human-wildlife conflict;and
iii.Provider will provide training on how totemporarily receive and care for wildlife species that
will be transported to wildlife rebahilituLocx for care e.g., stress relief and housing requirements.
The term of this agreement rendered shall bu from April 3,2Ul3toAprUl720l3.
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 ufbUy competent, pn/feyoioou\ and
dzue|v manner to the satisfaction of the County. Provider ubuU be responsible for all errors or omissions, in
the per6nonuooc of the A@r:ccoou1. Provider shall correct any and all eonne, omissions, discrepancies,
ambiguities,mistakes or conflicts u1no additional cost 1othe County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this /\87eummou1, nor ahoU Provider umaigo any right or
responsibility granted orrequired by this Agreement,without the prior written approval ofthe County.
SPECIFIC TERMS
L Pgyme : The County agrees to pay at the rates specified for Services undmfactod|v
performed in accord with this Agreement. The amount to be paid by the County shall not exceed six hundred
dollars, (W00). Payment shall be made within thirty(30)days ofuoinvoice properly submitted toCounty.
Should Provider fail to perform its duties under the 1crnxs of this Agreement, County may, pvitbuu1 fault or
penalty, vvbbhmld any payment associated with the work to he performed oot| such time as said work is
completed.
2. : 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 mbul| operate as an independent Provider, and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not betreated
umuo employee with respect tothe Services performed hereunder for federal oo state tax, unemployment or
workers' 000zyeuou1ioo purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall bc withheld o«paid 6v the County oo behalf ofthe Provider or the employees of the Provider.
March 2012 l
4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services as required by the County's Risk Management Policy.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in
this Agreement.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider.
7. Entire Agreement: 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.
8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. 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.
9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of County's
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE COUNTY PROVIDER
By: e-l" By:
Department Director Titl
200 S. Cameron St. AWS,Inc
P.O. Box 8181 1516 Jo Mac Road.
Hillsborough,NC 27278 Chapel Hill,NC 27516
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
" A. J�
Of ice of the Finance Director
7*vs been approved as to form and legal sufficiency.
Offi e of the C unty Attoriley
March 2012 2