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Home My WebLink About2019-070-E AMS - Hutchens Moore training DocuSign Envelope ID:07220EE1-BE39-473D-A9FD-AC98BDF2EBBE os [Departmental Use only] TITLE Training FY 2019 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 30th day of January,2019, ("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; WITNESSETH: 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/or materials and/or construction (hereinafter referred to collectively as"Services") to be furnished under this Agreement are as follows: Training courses for Facility Maintenance Team- Supervisory Development and NFPA 70-E Standard The term of this agreement rendered shall be from 2/4/2019 to 7/30/2019. 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. Pa meat: The County 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 Two Thousand Nine Hundred, ($2900.00). 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 Revised 12/I8 I DocuSign Envelope ID:07220EE1-BE39-473D-A9FD-AC98BDF2EBBE Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.❑rangecountync.gov/departmentsjpurchasing division/contracts.php). if County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark NIA 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. Indemni : 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. 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 that this Agreement shall be 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 ligp:llwww.oranizecouniync.gov/departmcntslpurchasing divisionlcontracts.phy.). 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 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. Revised 12/18 2 DocuSign Envelope ID:07220EE1-BE39-473D-A9FD-AC98BDF2EBBE 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 perfonnance 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. ORAT.rrrr rrl"TT TWAT PROVIDF-0 DocuSigned by: DoouSigned by: r Eg�n P&*,OA. t. ['l�k, Cud a uS By.— 73ACD454EF... By. F86481�F6A84B3... Department virector Title: 200 S. Cameron St. Hutchens,Moore and Associates LLC P.Q. Box 8181 2043 Hunters Ridge Rd Hillsborough,NC 27278 Lancaster, SC 29720 Revised 12118 3 DocuSign Envelope ID:07220EE1-BE39-473D-A9FD-AC98BDF2EBBE Leadership Seminar: A course designed for experienced mid-level managers and department heads. The focus of this seminar is to apply management skills to real world problem solving. The course includes three days of onsite instruction with the two days consisting of instruction in critical thinking, problem solving, communication and team building. The third day is devoted to presentation of individual or team projects. The attendees will have access to the instructor via phone, Skype or other means during the time they are working on their projects. Cost: Member: $2,000.00 Non-Member: $2500.00 Maximum Class Size: 15 Supervisory Development: A course that is intended for new and veteran first line supervisors or individuals who are believed to have demonstrated the skills required for a supervisory role. This course covers topics such as leadership styles, personality types, communication skills, coaching skills, disciplining employees and the legal responsibilities of a supervisor. Attendees will participate in various role plays and hands on exercises as part of the classroom experience and they will be required to complete learning assignments between classes. The class will meet four hours per session/one day per week/every other week until the six sessions are completed. Maximum Class Size: 15 Cost: Member: $2400.00 Non-Member: $3000.00 Team Building: A two day class that takes participants through the habits of both healthy and unhealthy teams along with how to achieve a healthy functioning team. The course includes problem solving exercises and role playing. Course Length: Two Days Maximum Number of Students: 20 Cost: Member: $800.00 Non-Member: $1200.00 Organizational Studies: A variety of services that can be grouped according to the results of a client needs assessment. The services that are available include, Employee Surveys, SWOT Analysis, and Strategic Planning. A consultation session is conducted on site and the cost of the consultation session can be applied as a credit to the total cost of the organizational study. Consultation Cost: Member: $300.00 Consultation Cost: Non-Member: $400.00 7 DocuSign Envelope ID:07220EE1-BE39-473D-A9FD-AC98BDF2EBBE Lockout/Tagout: A course that examines when lockoutltagout is required, how to identify energy sources and how to achieve a safe work environment with the correct use of lockoutltagout procedures and devices. Maximum Number of Students: 20 Course Length: 3.0 Hours Cost: Member: $350.00 Non-Member: 500.00 NFPA 70-E Standard (half day): The content of this course covers the NFPA 70-E requirements for working on energized electrical equipment that is not owned or controlled by an electrical utility. The attendees will examine how to properly inspect and use PPE when working in an energized setting, approach distances, are flash issues and rescue procedures to be used in an electrical contact accident. Class attendees must bring their electrical PPE and voltmeters to this class. Maximum Number of Students: 20 Course Length: 4.0 Hours Cost: Member$500.00 Non-Member: $650.00 NFPA 70-E Standard (full day): This course covers all of the material in the half day course along with providing the instruction needed to establish an electrical safety program. The attendees in this class will also examine how to evaluate the incident energy within their facility to determine the type of electrical PPE required for their employees Class attendees must bring their electrical PPE and voltmeters to this class. Maximum Number of Students: 20 Course Length: 8.0 Hours Cost: Member $900.00 Non-Member: $1300.00 Forklift Training: The attendees in this class will receive instruction in the proper operation of a forklift with an emphasis on forklift design, weight limits, inspection I of loads, movement of loads and defensive driving techniques for a forklift. This course requires a hands on skills test on the forklifts that a student operates and the material covered applies to all types of forklifts and powered pallet jacks. Maximum Number of Students: 20 Course Length: 4.0 Hours Cast: Member$500.00 Non-Member: $700.00 5 DocuSign Envelope ID:07220EE1-BE39-473D-A9FD-AC98BDF2EBBE CERTIFICATE OF LIABILITY INSURANCE OATElMMIDWYYYYI 01/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN! THE ISSUING INSURER(S)r AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 14 0TT CT Larry D Durham,Sr Larry D Durham,Sr 83-286_5 546 __ JA•�.Nol: 8Femx 03-2t6--8-9 3--2PHONEIRS,-N0,Ea): 1733 Airport Rd E-MAIL ADDRESS: � larry.durham.cibo@gtateform.com Lancaster SC 29720 iN$URER(S}AFFOROING COVERAGE NAIC4_ __.......__`____—.-__ INSURER A.State Farm Fire and Casualty Company 25143 INSURED ---- INBURERB; ..._ _ Hutchens,Moore and Associates,LLC INSURER C: v 2043 Hunters Ridge Rd INSURER D:__ - - f Lancaster SC 29720-7004 INSURER E: fi INSi1RER f COVERAGES CERTIFICATE NUMBER: 007 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -..._. AODLI81f9tt LTR TYPE OFINSURAHCE I POLSCY NUMBER MMlgg7YYYY MMlOOIYYYY LIMITS COM MERCSq L G ENERAL LIR BILITY EACH OCCURRENCE $ 1,000,000 Is�NT£I)- CLAIMS-MADEM OCCUR P J$F�S I occi�rrerce _S_500,000 ---. MED EXP(Any ono persvr5} 3 10,000 J j Business Of ce-MISC 99-BB-M475-9 F 01/05/2019 01/05/2020 PERSONAL&AOV INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGAIE S 2,000.000 POLICY❑ EI LOC PRODUCTS-COAiptopAGG S '2,00O,Q0a OTHER. Business Property Actual Loss S 10,300 AUTOMOBILE LIABILITY CONISiNEDSING LRAIT S ANY AUTO I BODILY INJURY(Perpef n) 5 OWNED AUTOS BODILY INJURY AUTU5 ONLY AUTOS [Per arxadHrt( S ri:IPD NON-OWNED PROPFRTY DAh1P.GE S -�f ---- -.. AUTOS ONLY _ AUTOS ONLY A— nil - UMBRELLA UAH OCCUR EACH DCCURREN_CE____ 5 EXCESS LIAR CLAIMS4 ,OE AGGREGATE-- 5 DED RCrENTION S S WORKERS COMPENSATION I PER IDll-l- AND EMPLOYERS'LIABILITY Y r NI STATI.M J CR ANY PROPMETORIPARTNERfEXECUTIVE F.L.EACH ACCIDENT S OFFICCRiM_MBER EXCLUDED? ❑ NIA --- _ (Mandatory In NH) E.L_DISEASE-EA EMPLOYE ES If yea,desenbo under •--- UESCRIPTIONOFOPERATIONSbokm E.L DISEASE-POI--rT 5 DESCRIPTION OF OPERATIONS I LQCATXO NS 1 VEHICLES(ACORU 101,AddMunal Remo fks Schedule,may ba attached Lrmere space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIE$BE CAN CELLEO BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Government ACCORDANCE WITH THE POLICY PROVISIONS, AUTH RITEDRWRE3ENTATIVE - 01988-2015 ACDRD CORPORATION. All rights reserved. ACDRD 25(2016/03) The ACDRD name and logo are registered marks of ACDRD 1001486 132849-12 03-16-2016 l i I