HomeMy WebLinkAbout2019-178-E Solid Waste - NCSU HAZWOPER training DocuSign Envelope ID:7575179F-3CB8-48A1-9E78-77456CCAA535
THIS CONTRACT EXPIRES 120 DAYS FROM RECEIPT BY SPONSOR IF NOT EXECUTED.
NORTH CAROLINA STATE UNIVERSITY
College of Engineering, Industry Expansion Solutions
SERVICE AGREEMENT
NUMBER 202167 Date March 13, 2019
THIS SERVICE AGREEMENT (the "Agreement") entered by and between North Carolina State University on
behalf of its College of Engineering, Industry Expansion Solutions/North Carolina Manufacturing Extension
Partnership ("NC STATE"), and Orange County ("SPONSOR").
WHEREAS, NC State wishes to supply services to Sponsor; and,
WHEREAS, the services contemplated herein are of mutual interest and benefit to NC STATE and
SPONSOR, and will further the instructional, research, and public service objectives of NC STATE in a
manner consistent with its status as a public educational institution; and,
WHEREAS, SPONSOR desires to provide funding in support of the services entitled 40 Hour HAZWOPER
NOW, THEREFORE, in exchange of the mutual promises contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, NC State and Sponsor agree as
follows:
1.Scope of Services. NC STATE agrees to supply Sponsor with the services described
in Exhibit A (the "Services"), attached hereto and incorporated by
reference as if fully set forth herein.
2.Term. NC State shall commence providing the services on April 15, 2019 (the "Start
Date"), and shall terminate on June 30, 2019 (the "End Date").
3.Payment. In consideration of the Services provided pursuant to this Agreement, Sponsor
shall pay NC State 8 650.00. Payment shall be made by check payable
to NC State/Industry Expansion Solutions. Invoices shall be payable on
receipt by Sponsor and will be transmitted electronically to:
NAME Cheryl Young
EMAIL cyoung(a-)orangecountync.gov
Sponsor shall make payment according to the following schedule:
Payment in full, on or prior to the Start Date
4. Proiect Manager. NC State shall provide the Services under the supervision of Mitch Poteat,
who shall serve as the Project Manager. If for any reason the Project Manager
shall be unable to continue to serve, a successor acceptable to both parties
shall be chosen. The Project Manager and Sponsor shall not enter a
consulting arrangement with each other on the subject of the Services or this
Agreement during the Term, according to the Conflict of Interest Policies of
NC State.
5. Intellectual Property. Neither party transfers by operation of this Agreement any intellectual property
rights owned by either party now or hereafter acquired in connection with its
performance under this Agreement. Should any invention potential arise
during the Term, the parties shall execute a sponsored project agreement
("SPA").
DocuSign Envelope ID:7575179F-3CB8-48A1-9E78-77456CCAA535
6. Communications NC State shall have the right to promote the Services provided to Sponsor in
Content order to highlight NC State's ability to offer education and technical
assistance. Sponsor will approve content prior to public release.
7. Independent Nothing herein is intended or shall be construed to establish any agency,
Contractor. partnership, or joint venture between Sponsor and NC State.
8. Termination. This Agreement may be terminated by either party upon thirty (30) days'
written notice to the other party. Upon termination, Sponsor shall reimburse
NC State for all costs and non-cancellable commitments incurred by NC
State's provision of the Services prior to the date of termination, not to exceed
the total commitment specified in Paragraph 3 of this Agreement.
10. Tort Claims Act. NC State's liability for bodily injury, property damage or any other matter
sounding in tort is determined in accordance with the provisions, procedures,
and limits of the North Carolina Tort Claims Act, N.C.G.S. §143-291, et seq.,
and NC State's assertion of sovereign immunity.
11. Notices. All notices shall be hand delivered, sent by private overnight mail service, or
sent by registered or certified U.S. mail and addressed to the party to receive
such notice at the address given below, or such other address as may
hereafter be designated by notice in writing:
If to NC Industry Expansion Solutions
State: North Carolina State University
Attn: Executive Director
Campus Box 7902
Raleigh, NC 27695-7902
If to Bonnie Hammersley
Sponsor: Orange County
200 S. Cameron Street
Hillsborough NC 27278
12. Force Maieure. Neither party shall be deemed to be in default of its obligations hereunder if
and so long as it is prevented from performing such obligations by an act of
war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado,
or other catastrophic natural event or act of God.
13. Entire Agreement.. This Agreement contains the entire agreement of the parties and there are no
representations, inducements or other provisions other than those expressed
herein. All changes, additions or deletions to this Agreement shall be in writing
and executed by the authorized representatives of both parties.
14. Access to Persons The State or NC State auditor may audit the records of Sponsor during and
and Records. after the term of this Agreement to verify accounts and data affecting fees or
performance in accordance with North Carolina General Statutes §143-49.9
and §147-64.7.
202167
DocuSign Envelope ID:7575179F-3CB8-48A1-9E78-77456CCAA535
15. Governing Law. This Agreement and the rights and obligations of the parties hereto shall be
interpreted, construed and enforced in accordance with the laws of the State
of North Carolina, and the exclusive venue for any legal proceedings arising
from or incident to this Agreement shall be the state courts sitting in Wake
County, North Carolina.
16. Severability. Should any non-material provision of this Agreement be declared illegal, void,
or unenforceable under North Carolina law, or shall be considered severable,
the Agreement shall remain in force and be binding upon the parties hereto as
though the said provision had never been included.
IN WITNESS THEREOF, the parties have executed this AGREEMENT in duplicate originals, one of which is
retained by each of the parties, effective the day and year first written above.
NORTH CAROLINA STATE SPONSOR
UNIVERSITY DocuSigned by,
By: Rm&�LYSbj
Recommended by: 5E477...
Name: Bonnie Hammersley
Ma Title: County Manager
Date 3/20/2019
Name: Mitch Poteat
Title: Project Manager
Date March 13, 2019
Authorized bv:
Doccu++Signed by:
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Executive Director (or Designee)
Industry Expansion Solutions
NC State University Box 7902
Raleigh, NC 27695-7902
919-515-5430
Date: 3/15/2019
202167