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Home My WebLink About2018-690-E County Mgr - Hutchens Moore consulting training servicesRevised 10/17(Mgr apprv 5k 6/18)1 [Departmental Use Only] TITLEHutchens Moore FY2018 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1stday of October, 2018, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Hutchens Moore and Associates, LLC (the "Provider"), party of the second part; 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 following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/ormaterialsand/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Safety Consulting/Training The term of this agreement rendered shall be from October 1, 2018to December 31, 2018. 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 responsible 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: TheCounty agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed $4,900.00, ($4,900.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail toperform 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 theperformance 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: A2775DE7-B8CC-4A0F-9524-ECD8C10E7602 Revised 10/17(Mgr apprv 5k 6/18)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: 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 Providerin 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.County may suspend this Agreement upon reasonable notice to Provider. 7.Entire Agreementand 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 Lawand Priority:Both parties agree that this Agreement shall be governed by the lawsof the State of North Carolinaand 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 Policyand 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 partof 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 orsubcontractoridentified, 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 subcontractoridentified, 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 Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 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. DocuSign Envelope ID: A2775DE7-B8CC-4A0F-9524-ECD8C10E7602 Revised 10/17(Mgr apprv 5k 6/18)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 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 COUNTYPROVIDER By: _________________________By: _________________________ Department DirectorTitle: ________________________ 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 DocuSign Envelope ID: A2775DE7-B8CC-4A0F-9524-ECD8C10E7602 DocuSign Envelope ID:A2775DE7-B8CC-4AOF-9524-ECD8C10E7602 Alisa Cornetts From: freddleann @hutchensmoore.com Sent: Friday,June 29, 2018 1:19 PM To: Alisa Cornetts Subject: RE: 30 hour OSHA Course Alisa, I am well and I hope that you are. Your prices for a 30 Hour OSHA Standards Class either General Industry or Construction are contained in the course descriptions below. Please note the items that are highlighted in each course description. You can further reduce your out of pocket cost for either class by becoming a host site or by bundling the services you take from our company. The 30 Hour Standards Class for General Industry provides instruction with respect to the structure of OSHA, workers rights under OSHA, hazard identification and how to eliminate workplace hazards within a general industry setting. The course also provides in depth instruction in multiple standards related to a general industry setting. The course requires a full 30 hours of classroom attendance, must be taught over a four or five day period, and the time used for breaks or meals cannot be counted as part of the 30 hours of instruction time. This course can be spread over more than five days, For more information about this option please contact Ms. Freddie Ann Hutchens at 803-288-3320 or freddieann hutchensmoore.com. The students who successfully complete this course will receive a card of completion from the OSHA Training Institute. Minimum Number of Students: 5 Maximum Dumber of Students: 20 Class Length: 30.0 hours plus break and meal time Cost: Member: $2450.00 Non-Member: $3200.00 The 30 Hour Standards Class for Construction Industry provides instruction with respect to the structure of OSHA, workers rights under OSHA, hazard identification and how to eliminate workplace hazards within a construction industry setting. The course also provides in depth instruction in multiple standards related to a construction industry setting. The course requires a full 30 hours of classroom attendance, must be taught over a four or five day period, and the time used for breaks or meals cannot be counted as part of the 30 hours of instruction time. This course can be spread over more than five days. For more information about this option please contact Ms. Freddie Ann Hutchens at 803-288-3320 or freddieann(a@hutchensmoore.com. The students who successfully complete this course will receive a card of completion from the OSHA Training Institute. Minimum Number of Students: 5 Maximum Number of Students: 20 Class Length: 30.0 hours plus break and meal time Cost: Member: $2450.00 Non-Member: $3200.00 DocuSign Envelope ID:A2775DE7-B8CC-4AOF-9524-ECD8C10E7602 Please contact me with any questions you may have about either of the courses, bundling, becoming a host site or to schedule a class. Have a great weekend Ms. Freddie Ann Hutchens, BS MESH,CMESH (8013)-288-3320 freddieann@hutchensmoore.com www.hutchensmoore.com 1 Setting a New Direction for Training and Development From: Alisa Cornetto [maiito:acornetto orangecountync.gov] Sent:Thursday, June 28, 2018 3:14 PM To: fredd lean n ftutchensmoore.com Subject: 30 hour OSHA Course Happy Summer! I hope this finds you well.Could you remind me,what is the cost for the 30 hour OSHA course?And, yes, I am an NCALGESO member... LOL Alisa Alisa Cornetto, RN, COHN-S, CCM, MSCC, CLCP Risk Manager Orange County, North Carolina 200 S.Cameron Street Hillsborough, NC 27278 Office: 919-245-2155 Cell: 336-380-0041 Fax: 919-883-5547 2