HomeMy WebLinkAbout2020-906-E Solid Waste-NC State University HAZWOPER training DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
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 203080 Date December 9, 2020
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 8 Hour HAZWOPER
Refresher
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 December 21, 2020 (the
"Start Date"), and shall terminate on December 21, 2020 (the "End Date").
3.Payment. In consideration of the Services provided pursuant to this Agreement, Sponsor
shall pay NC State 2 142.00. 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 Robert Williams
TITLE Solid Waste Director
EMAIL solid—waste_ap@orangecountync.gov
Sponsor shall make payment according to the following schedule:
Payment in Full, due with in terms on the invoice.
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
DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
during the Term, the parties shall execute a sponsored project agreement
("SPA").
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.
9. Indemnification. Sponsor shall indemnify, defend, and hold harmless NC State, its Trustees,
officers, agents, and employees from all loss, cost, and expense in connection
with or arising out of any liability or claim of liability for injury or damages to
persons or property sustained or claimed to have been sustained by anyone
whomsoever, by reason of the performance of this Agreement, or by any act
or omission of the Sponsor or any of its officers, agents, employees, guests,
patrons, or invitees.
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 Robert Williams
Sponsor: Solid Waste Director
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.
203080
DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
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.
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 Sp
y �bti�G��,ed by:
UNIVERSITY
Recommended by:
Name: Robert Williams
Title: Solid Waste Director
Date 12/10/2020
Name: Mitch Poteat
Title: Project Manager
Date December 9, 2020
Aurp
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(Signature)
Executive Director (or Designee)
Industry Expansion Solutions
NC State University Box 7902
Raleigh, NC 27695-7902
919-515-5430
Date: 12/9/2020
Attachment (s)
203080
DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
Campus Box 7902
NC STATE Industry Expansion Solutions Raleigh, NC 27695-7902
UNIVERSITY 919.515.2358
800.227.0284
Exhibit A www.ies.ncsu.edu
Robert Williams
Orange County Solid Waste
1207 Eubanks Road
Chapel Hill, NC 27516
Hello Mr. Williams:
This confirms our earlier discussion and is a proposed Statement of Work by North Carolina State
University/Industry Expansion Solutions (IES), to provide Orange County Solid Waste with a virtual,
instructor-led HAZWOPER Refresher training program. This class will be offered using Zoom's cloud-
based video communications platform. It is required that all participants have "face-to-face" connection
with the instructor (via web-cam)for the duration of the class.
Plan of Action
IES will provide a virtual HAZWOPER Refresher Training for Environmental Professionals. This course
meets the training requirements of 29 CFR 1910.120 (e)(8) for an annual refresher on the items
specified in paragraph (e)(2) and/or (e)(4), any critique of incidents that have occurred in the past year
that can serve as training examples of related work, and other relevant topics. This proposal is for a
class size of up to 8 participants.
Project Schedule
The workshop will be scheduled for a date agreed on by both parties with preparation being done by
Orange County Solid Waste prior to the event. These preparation requirements are listed under
"Responsibilities".
Resource
An Improvement Specialist from NC State University's IES will lead this workshop. Mitch Poteat will
serve as project manager.
Fees
Payment terms are described in the Service Agreement included in this proposal package. This fee of
$2142 includes the cost of training and participant materials.
Responsibilities
Orange County Solid Waste is responsible for:
• Ensuring each participant has access to Zoom as well as:
o High speed internet connection — broadband wired or wireless (3G or 4G/LTE).
Minimum bandwidth is 600kbps (up/down) and recommended is 1.5 Mbps (up/down).
o Microphone— built-in, plug-in or wireless
o Speakers — built-in, plug-in or wireless
o Web-Cam — built-in, plug in or wireless
• Providing a list of participant names no later than two weeks prior to the first day of the class.
DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
NC State Industry Expansion Solutions Scope of Work
• Upon successful completion of the course, participants will receive a certificate of completion.
To ensure participants gain the knowledge required to master the content of the course, the
participants must attend and participate for the full duration of the course. If participants miss
portions of the training they will not receive a certificate from the course.
NC State is responsible for:
• Qualified and experienced instructional staff
• Technical capability to provide virtual training via Zoom (computer, microphone, camera, high
speed internet connection)
• All teaching aids, such as workbooks and handouts for participants.
• Visual aids for exercises.
• Certificates of completion.
Business Results:
NC State University Industry Expansion Solutions is pleased to be able to apply our resources through
the federal NIST- Manufacturing Extension Partnership (MEP) program. To be able to apply the funds
of this program, as appropriate, to support all NC manufacturers, we request that you communicate the
quality and value of the program or services received via an independent survey that you will receive
within one year. We realize how valuable your time is and that the organization expects return on its
investment. We will work with you to calculate and identify the value received.
Benefits of Working with NC State University:
The objective of NC State University's Extension programs is to improve the competitiveness of
business and industry. We have been helping companies improve their operations and processes for
over 50 years. We are a State-wide resource of over 75 professionals that include leaders, engineers
and educators and we are part of the national network of Manufacturing Extension Partnerships (MEP).
Our specialized experts each have over 15 years of private industry experience. Additionally we have
significant engineering research, design resources and student talent available through the University.
Our primary focus and measure of success is the economic impact of our services as reported by our
clients. And we are personal stakeholders in the economic future of Manufacturing in the United States.
Many of our Specialists live in or near the community where your business is located.
Our success is measured by your success. Our staff can visit you and work with your employees on a
regular basis on this and other projects.
Enclosed is a copy of a Service Agreement for this project. The agreement contains the project cost
and terms of payment. If this proposal and service agreement meet your approval, please sign the
service agreements in the area labeled "Sponsor."
Please scan and e-mail the signed Service Agreement to me at the e-mail below.
Page 2 of 3
DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
NC State Industry Expansion Solutions Scope of Work
We look forward to working with you on this very important project and supporting the needs of local
North Carolina industry. Please contact me if you have any questions.
Sincerely,
Mitch Poteat
Regional Manager
NC State University Industry Expansion Solutions
919-607-0684
jmpoteat@ncsu.edu
www.ies.ncsu.edu
Page 3 of 3
DocuSign Envelope ID:4CFA3859-4E8E-48F7-8724-A67178EF2EF0
ORANGE COUNTY—DEPARTMENT USE ONLY
Party/Vendor Name: NC State University Party/Vendor Contact Person: _Mitch Poteat Contact Phone: 919-
607-0684 Party/Vendor Address:NC State Campus Box 7902 City Raleigh State:NC Zip:27695-7902
Department: Solid Waste Amount: $2,142.00 Purpose: Required 8 hour Hazwoper refresher training Budget
Code(s): 50353020-530200 Vendor#50712 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No®
Contract Type: (Check one)New® Renewal❑ Amendment ❑ Effective Date December 9,2020(Services
begin Dec.21,2020) Approved by Board Yes❑No® Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
DocuSign/ AAS e1d1b1y,
1201 Ut wiu.�
Department Director's Signatur Date:12/9/2020
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
Risk Management
This agreement is approved for sufficiency of pisigugfmWOards, specifications,and requirements:
QL1SA Office of the Risk Management Officer rbvv 6 Date: 12/10/2020
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act: DocuSigned by:
Office of the Chief Financial Officer0 Date: 12/10/2020
ACC 1409
Legal Services
This agreement is approved as to w rwftsufficiency:
Office of the County Attorney A yytw Date: 12/10/2020
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
Revised 07/20