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Home My WebLink About2019-168-E DEAPR - Animals Be Gone Twin Creeks beaver trap DocuSign Envelope ID: DB3A2F41-9D57-4E31-9789-D6A68852DCB9 [Departmental Use Only] TITLE Twin Creeks Beaver Trap FY 2018-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this eleventh day of March,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 Animals Be Gone, 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: Setting of beaver traps, trapping of(up to 5) beavers, and removal of (up to 5) beavers from the Twin Creeks Park site located in Chapel Hill, NC. Beaver trapping activities will be located within and/or adjacent to the pond location identified in Attachment A. Beaver trapping activities will be confined within County-owned properties, as identified on Attachment B (i.e. PIN's 9860855268 and 9860843227). Beaver trapping activities will not occur within private property. Upon completion of Services, the Provider shall provide to the County written and/or photographic documentation of the number of beavers trapped and removed from the site The term of this agreement rendered shall be from 3/11/2019 to 3/31/2019. 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. Ferment: 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 nine hundred and seventy dollars, ($975.00). 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 Rzvisea 12118 1 DocuSign Envelope ID: DB3A2F41-9D57-4E31-9789-D6A68852DCB9 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 incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/i)urchasing division contracts. h ). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (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 1 l A 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 http:llwww.orangecountyne.gov/departments/purchasing, divisionlcontracts.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. I47-86.58. 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. Revised 12/18 2 DocuSign Envelope ID: DB3A2F41-9D57-4E31-9789-D6A68852DCB9 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. 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. OgANC.F. COITNTV PROVIDER DocuSigned by: Oacusigned by, Y B 0a4u. Sfav�titC 3/14/2019 B �,,�]� 3/12/2019 811CFa1Q597A495... a8�1906955884F5... ""tJal µ[1l11L LJll UOr T...v. 200 S. Cameron St. Tim Walker,Animals Be Gone Representative P.O. Box 8181 4104 Hawkins Road Hillsborough,NC 27278 Hurdle Mills,NC 27541 Revised 12118 f Attachment ► f Legend dF Twin Creeks Park-Pond Location ._ EUpa R E R OL I Ra J U L I ' 1 } o WPF W 1� v ' a- , - i 1 Google Earth y 1000 ft DocuSign Envelope ID: DB3A2F41-9D57-4E31-9789-D6A68852DCB9 Attachment B 1..J�r 8r ciQ,7!7V5ff , 9yo.?•c5 7�.o xz .t2F5 E r i, W60)i t:u8ANt-i MI IG h 78701�14!�97 9870 1 993 80 98607G9$5G C "- � 54 rc2943] �, 9siQ r ORANGECO1JNTY -,8 09rT s�'48 9F GQs617 +�•,� 98608GG7 98 i0869••3 I i08G9i;62 WW967750 r- 98Fi0869'iz4 DUKE 1 INIVERSITY SCHOOL OF FORESTRY ;..4 G07G15<6 118100869}'0 98701 fi�38+3 98tiP,86 a37r 98GOTG911G, 1i,."�'3Gr,$G':'2�eC3� r,$;fft�s.'2n,r1V 92 r8�r98C�Y8��1?J2r+. 9860968068 r S.8•;Q8G[�,..-'`�ct3C>r 8�'{96tr., n r•$'i4$Lt. .wr ��Jt•�UbSd� 3 ORANGE COLINTY r 51'w.r i54.F0,� '�D85T81�� z ,8�68 S c� r � 9O7015TT04� 9860751586 9$70157501 ORANGE COUNTY ORANGE COUNTY 987402117 9860855268 t, 9874157Q15 z Pond Location 9$6Q742735 RRIT,rnN Dii{ w 1860�1 98GCB442g5 ORANGE COUNTY 9860$4322' Q744U $607�, 98?01491?8 &870 13 083 7 HOGAN DELORIS ETAL JOHNSON JENNIE L 1a3G073879•, fi860735651 98"'0'98;'02321 W7123 s 214Y4`"'n7393'A 9$G083544 �I�r� nJQir;3•.51.3I, '3313 9860934362 3 9> rwtn i eYi1 w1;1 7? 70+ 0 n ;$251 t3026.1 M1 HOLIES OF RALEIGH LLC _ �$rr325�, Momar.+w*R J Sh'iiti.!^!{ .1F+'�i�:•C 31544 o r0233°24 �l3GD7380t V)w q l it s...•, �. ,'„ ,^r,r 6 MMj6-qFqAr W. 1r24`daKtsYf�b SU'��if tCf;.7,�'c °Y "^D 'Fl 124 3GD7 8cJ7 i 'Int•^ ' ,��L R n�y 6r, 3_ c g 71�8TQ122911 rQ�it ��rcJ;ir:[•„ :..•.Rl�sti'4,r � •r,•gRFf'•i:;R�d� 6D92794G z = = i}7.19 f 4 c,,•Xk.l( s Cit it.. _. �- � - - $��. �3r.';1j;775 _ -' � noT�..•,, ,i�• 7e341172�7,�6�5 �3G, r; '"=,_�.��:_. 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' ' r7.3?,4_ ' rcwr: � S 3■w7i 9 127 OG830626f;t30819Irn '6 March 5,2019 1:7,826 Private Property - o, aI, 1 1 of mI ❑O NOT ENTER 0 01 0.2 0.4 km DocuSi n Envelope ID: t DB3A2F41-9D57s-4E31-9789-D6A 68!8_>~5M2DCB9 DE ANIMALq �M� ILLS, LL16 NE cl��r 102 f r2�9` uLl�c ILDLIFF RrhovALSrSERVICES P;asWILntr> DAURD arRalNCa7541 C6R HLe s ROAD 4104 HAW"" t� ��._ FDR SER�CFS Date: f-� 1;919) 245.3300 (919)812✓2439 FORAccauNrONc 7uww.aanitna1sbe9onent.Com oil)locattUn: Billing Address if differrent from) r Payee: C•,r,PnyiVa oT 1„Nuidud Address: i wr�.r wok w r�� 5tr►4s 1 ~lam� ' -r5 t w yy�, • onta�ct JPenon if different from Pay": Alternate#:U- S•0 o Phone: ,,_. t Wildlife Assessment Fee. $ Reason for Visit: 1 4•', '" Doc: 1 1� r uarantees that any work per- t ❑ Chimney Animals Se Gone. 3e g oundatipn ❑ Boxing Ca Lani"mals by Animals Be Gone,LLC on structure will keep 11 F ❑ Chimney out.Animals Be Gone LLC does not guarantee ❑ Foundation Vents ❑ Gutters Property/Grounds ❑ Firebox t Will not gain accessin areas that exclusiort warn. ❑ Crawl Space !11other ❑ Louvers Attic t • I lit `15 . ��7 Comrnents: To pay &nr<dl,om. visit oinpayment Web ceitenter r TOIAL. wv,wanimatsbeganenc.mm,The paymcnt crntcr is nt the houum of our home pqc.To make a payment over the phone. pleaw call our ofkc at 919.812.2419 for assistance. MUM Be Sure To Include Invoice# on Check 4signing this proposal,I am accepting and authorize the work to he performed for which payment will be rendered upon completion.I understand dclilt nunth more then 30 day:,will he subject to 1.5%(18%annual) interest plus late charges if applicable.I allot understand that if I do slot pay within%I days, pro�cecdings will begin and I will he responsible for all court cost Involved.A$2 scryice charge wrill lx adders for any returncd check. (.urto,rnrr Signature/Date Animals Be Gone LLC RepresentativelDaic Ito DocuSign Envelope ID: DB3A2F41-9D57-4E31-9789-D6A68852DCB9 ANIMBEC OP ID: SLS AcvRO CERTIFICATE OF LIABILITY INSURANCE FD3100f206120Y 0 9 YYI 3119 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 he 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 CONTACT NAME: BIClDHNT Insurance PRONE FAX Va Dominick Huckabee c No.Ext: No: P O Bolt 52237 E-MAIL Durham,NC 27717 ADDRESS: Sherry Sloan INSURERS AFFORDING COVERAGE NAIC# INSURER A.,Penn National Insurance 14990 INSURED Animals Be Gene INSURERS: c/o Tim Walker 4104 Hawkins Rd INSEIRERC: Hurdle Mills, NC 27541 INSURERD: INSURER E: 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 TYPE OF INSURANCE ADDL SUB LTR POLICY NUMBER MMIODIYEYYY MMIDDIYYYY LIMITS GENERALLWBILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X G L9 0664609 05112l2018 05f1212019 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE FX1 OCCUR MED EXP{Arty one person $ 5,00 PERSONAL&AOV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE U MIT APPLIES PER; PRO DUCTS-COMPIOPAGG $ 2,000,00 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINE D SINGLE LIMIT fl�a accident ANY AUTO BODILY INJURY(Per persm) $ ALL OWNED SCHEDULED BODILY INJURY(Par wadenl) $ AUTOS OS NON--OWNED PROPERTY DAMAGE $ HIRED AUTOS A�OS E ACCIDENT a UMBRELLA LIAO OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU-IN TORY LIMITS pTH- AND EMPLOYERS'LIABILITY ANY PRO PRIETORIPARTNERIIEXECUTIVE YNIA E.L.EACH ACCIDENT $ OF F ICE RMI EM BER EXCLUD ED7 (Mandatary in NH) r E.L.DISEASE-EA EMPLOYEE $ kr yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101,Add IIIonaI Remarks Schedule,it mom space Is required} Exterminators CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Planning and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g Y g ACCORDANCE WITH THE POLICY PROVISIONS. Inspections Department PO Box 8181 AUTHORIZED RE P RE S E N TATWE 131 W.Margaret Ln 4"a-- Hillsborough,NC 27278 D 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DB3A2F41-9D57-4E31-9789-D6A68852DCB9 National General INS URED: ANIMALS BE GONE LLC Auto,Home&Health insurance 4104 Hawkins Rd PO Box 3199.Winston Salem,NC 27102-3199 Hurdle Mills,NC 27541 ORANGE COUNTY PLANNING AND INSPECTIONS 131 W MARGARET LANE HILLSBOROUGH, NC 27278 POLICY NUMBER: 2005913004 POLICY EFF DATE: 1 211 8/201 8 POLICY EXP DATE; 1 211 81201 9 UNDERWRITING COMPANY: Integon General Insurance Corporation Date:0311112019 CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. This is to certify that the policy of insurance shown above has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. CERTIFICATE HOLDER EFFECTIVE DATE: 03/08/2019 Type: Certificate Holder Name: Orange County Planning And Inspections Type of Insurance Limits of Liability Provided Auto Liability: $300,000 Combined Single Limit Property Damage Scheduled Auto Included Cancellation: Should the above described policy be cancelled before the expiration date thereof,we will mail written notice of cancellation that complies with state statutes to the certificate holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. "--P0-WZZr 0311112019 Authorized Representative Issue Date Email:CVService@NGIC.com * Fax: 1-800-4054302 • Phone: 1-877468-3466 Visit us at www.MyNatGenPolicy.com 10316(09012017) 1 of 1