HomeMy WebLinkAbout2024-173-E-Housing Dept-The EI Group-Certified EPA-NC HHCU approved LRRP initial and refresher trainingRevised 01/24 1
[Departmental Use Only]
TITLE EPA/NC HHCU Approved
LRP Initial and Refresher Training
FY 2023/2024
ORANGE COUNTY
CONTRACT UNDER $5,000.00
NORTH CAROLINA
THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the
State of North Carolina, (the "County"), and The EI Group, Inc. (the "Provider").
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 services set out below to the
County in accordance with the terms of this Agreement, time being of the essence.
The services or materials or construction (hereinafter referred to collectively as “Services”) to be
furnished under this Agreement are as follows: Certified EPA/NC HHCU Approved LRRP Initial and
Refresher Training.
The term of this agreement rendered shall be from February 12, 2024 to June 30, 2024.
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: The County agrees to pay at the rates specified for Services satisfactorily (as
determined by the County) performed in accord with this Agreement. The amount to be paid by the County
shall not exceed Four Thousand, Five Hundred Dollars, ($4,500.00). 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
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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/purchasing_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 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: To the extent authorized by North Carolina law 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. It is the intent of this
provision to require the Provider to indemnify the County to the fullest extent permitted under North
Carolina law.
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 this Agreement is 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 Orange County 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 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. Should any documents, exhibits, or addenda be attached to this Agreement, the terms of
this Agreement shall have priority in any conflict with or among the terms of such referenced documents,
exhibits.
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,
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North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and
fees, including attorneys’ fees.
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 or 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 or non-appropriation of public funds.
IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and
the Provider.
PROVIDER
By: _________________________
Title: ________________________
Deborah Barrington-Walker
Training Project Manager
ORANGE COUNTY
By:
_________________________
Blake Rosser, Director
300 W. Tryon St., 3rd floor
P.O. Box 8181
Hillsborough, NC 27278
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Training Project Manager
Revised 01/24 4
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: The EI Group, Inc. Vendor Contact Person: Deborah Barrington-Walker Phone: (cell) 919.510.1327;
(office) 919.459.5276 Address: 2101 Gateway Centre Boulevard, Suite 200 City Morrisville State: NC Zip: 27560
Department: Housing/CD Amount: 4500.00 Purpose: Certified EPA/NC HHCU Approved LRRP Initial and
Refresher Training Budget Code(s) 10470320, 530100 Vendor #
Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 02/12/2024 End Date 06/30/2024 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: )
-Policy 9.4:Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
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.
This agreement is approved as to technical form and content. Services related to this agreement have already begun
or been completed. Description of the nature of the emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
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:
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3/5/2024
3/11/2024
3/11/2024
3/12/2024
Revised 01/24
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Received for record retention:
Office of the Clerk to the Board __________________________________________Date:_________
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Environmental, Health and Safety Solutions.™
February 12, 2024
VIA EMAIL ONLY
dsaconn@orangecountync.gov
David Saconn
Housing Rehab Specialist II
Orange County
Housing and Community Development Dept.
300 West Tryon Street
Hillsborough, NC 27278
919-245-2494
RE: Quote for:
Lead Renovation, Repair and Painting Initial (8-Hour)
Lead Renovation, Repair and Painting Refresher (4-Hour)
Proposal: PTRMO24008.00
Dear Mr. Saconn:
The EI Group is pleased to submit this proposal summarizing our capabilities to provide Certified EPA/NC
HHCU Approved LRRP Initial and Refresher training at your facility located in Hillsborough, NC on March
15, 2024. An appropriate classroom should be provided with either a white wall or projection screen
along with a flip chart or dry erase board. An additional area, approximately 16’ x 16’ in size will be
necessary to conduct the hands-on training activities. Unless otherwise stated, both classes start at 8
am.
The cost for both classes is $4,500.00 for a max of ten (10) participants per class. This price includes,
two 2 instructors, instruction, instructional material, certificates and any documents deemed necessary.
Certificates will be delivered within ten (10) business days after the last day of class.
If these terms are acceptable, please sign the below agreement and email back to me at your earliest.
Respectfully,
Deborah Barrington-Walker
Training Project Manager
Office: 919-459-5276
Cell: 919-510-1327
dwalker@ei1.com
DocuSign Envelope ID: 437AC891-1630-4C22-8920-E7036A47B583
The EI Group, Inc. • 800.717.3472 • www.ei1.com
TERMS ACCEPTANCE
These terms are accepted this ______ day of ____________, 2024 on behalf of:
Company Name:_______________________________________________________________________
Authorized Signature: __________________________________________________________________
Printed Name & Title: __________________________________________________________________
Course (s): Lead Renovation, Repair and Painting Initial and Refresher Training________________
Date (s): ____March 15, 2024_____________________________________________________________
Your signature certified that you are an authorized agent to which these terms are addressed. Your
signature also obligates you (if individual) or the company represented to pay for the services “as
described” in the proposal and attached “Standard Terms and Conditions”.
BILLING INFORMATION
Company Name:_______________________________________________________________________
Billing Contact:________________________________________________________________________
Address: _____________________________________________________________________________
Phone: ______________________________________________________________________________
Fax: ________________________________________________________________________________
Email: _______________________________________________________________________________
DocuSign Envelope ID: 437AC891-1630-4C22-8920-E7036A47B583
The EI Group, Inc. • 800.717.3472 • www.ei1.com
Standard Terms and Conditions
The proposal submitted by The EI Group (“EI”), a North Carolina corporation, ("CONSULTANT") to the
CLIENT is subject to the following terms and conditions. By accepting any of the services offered in this
proposal, the CLIENT agrees to be bound by the following terms and conditions with respect to all work
performed by EI or its subconsultants:
1. Billing and Payment: CLIENT will pay CONSULTANT for all of its services based on invoices
submitted to CLIENT. CLIENT recognizes that timely payment is a material part of this Agreement. Each
invoice is due and payable within thirty (30) calendar days of the date of the invoice. CLIENT will pay an
additional charge of one and one-half percent (18% annually) per month not to exceed the maximum rate
allowed by law for any payment received by CONSULTANT more than thirty (30) calendar days from the date
of the invoice. If CLIENT disputes any part of an invoice, CLIENT will notify CONSULTANT in writing of
such dispute within thirty (30) days of the date of such invoice. If CLIENT fails to notify CONSULTANT as
required above, CLIENT waives any and all claims, rights and defenses related to the work covered by such
invoices.
2. Standard of Care: CONSULTANT provides no express or implied warranties or guarantees of any
kind. CONSULTANT only agrees that it will perform the Services in accordance with the standard of care and
diligence normally practiced by consulting firms performing services of a similar nature in the same locale.
3. Limitation of Liability: CLIENT agrees that CONSULTANT’s liability for any claims that may be
asserted by CLIENT is limited to $25,000 or to the fee paid to CONSULTANT under this Agreement, whichever
is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue a claim for consequential
damages, including any claims for lost profits against one another.
4. Notification of Breach or Delay: CLIENT shall provide prompt written notice to CONSULTANT if
CLIENT becomes aware of any fault, defect or delay in the CONSULTANT’s work or the work of any
subcontractor or subconsultant, including any error, omission or inconsistency in such work or any alleged
breach of contract by CONSULTANT. The failure of CLIENT to provide such written notice within five (5)
business days from the time CLIENT became aware of, or should have become aware of, the fault, defect, error,
omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against
CONSULTANT arising out of such fault, defect, delay, error, omission, inconsistency or breach.
5. Project Site: Should CLIENT not be owner of the project site, then CLIENT agrees to notify the
Owner(s) of the potential for unavoidable alteration of Owner’s property and to indemnify and defend
CONSULTANT against any claims by the Owner or persons having possession of the site through the Owner
which are related to such alteration or damage.
6. Documents and Records: The CLIENT will furnish or cause to be furnished to the CONSULTANT
such reports, data, studies, plans, specifications, documents and other information deemed necessary by the
CONSULTANT for proper performance of the CONSULTANT's services. CONSULTANT assumes no
responsibility or liability for the accuracy of such documents. Any use or reuse of the Records beyond the
express purpose for which they were created without CONSULTANT’s written authorization will be at
CLIENT’s sole risk, and CLIENT shall indemnify, defend and hold harmless CONSULTANT against any and
all claims, lawsuits, damages, expenses, penalties, fines, costs or other liabilities arising out of or resulting from
such use.
7. Opinion of Cost: CONSULTANT cannot and does not guarantee the proposals, bids or actual costs
will not vary significantly from opinions of probable cost prepared by it. If at any time CLIENT wishes greater
assurances as to the amount of any cost, CLIENT shall employ an independent cost estimator to make such
determination.
8. Change Orders: CONSULTANT will treat as a change order any written or oral order (including
directions, instructions, interpretations or determinations) from CLIENT which request changes in the Services.
CONSULTANT will give CLIENT written notice within ten (10) days of the change order of any resulting
increase in fee. Unless CLIENT objects in writing within five (5) days, the change order becomes a part of this
Agreement.
DocuSign Envelope ID: 437AC891-1630-4C22-8920-E7036A47B583
The EI Group, Inc. • 800.717.3472 • www.ei1.com
9. Third-Party Rights: This agreement is solely for the benefit of the parties hereto and nothing herein,
express or implied, is intended to confer any right or remedy on any person other than CLIENT and
CONSULTANT.
10. Safety: CONSULTANT shall not be responsible for Site safety and shall have no right or obligation to
direct or stop the work of CLIENT’s contractors, agents, or employees.
11. Force Majeure: CONSULTANT shall not be responsible for any delays, damages, costs, expenses,
liabilities or other problems that may arise as a result of a force majeure. A “force majeure” is defined as any
event arising from causes beyond the reasonable control of CONSULTANT, including but not limited to fire,
flood, unusual inclement weather, acts of God, civil strikes or labor disputes, riots, acts or failures of
government.
12. Indemnity: CLIENT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless
the CONSULTANT from and against any and all claims, liabilities, losses, damages, costs or expenses,
including, without limitation, reasonable attorneys fees, awards, fines, damages or judgments arising out of or
relating to, any or all of the following: (a) any inaccurate, insufficient or incomplete information provided to
CONSULTANT by CLIENT; (b) any events, problems or circumstances arising out of or related to CLIENT’s
negligence or breach of this Agreement; (c) any and all claims or liabilities resulting from CLIENT’s (or
CLIENT’s contractors, agents, employees or representatives) violation of federal, state or local statutes,
regulation ordinances; and (d) all claims and liabilities resulting from or related to Site conditions or hazardous
substances or constituents introduced at the Site by any person or entity other than CONSULTANT.
13. Hazardous Substances and Constituents. The CLIENT agrees to advise the CONSULTANT upon
execution of this Agreement of any hazardous substances or any condition existing in, on or near the Project Site
presenting a potential danger to human health, the environment or equipment. By virtue of entering into this
Agreement or of providing services hereunder, the CONSULTANT does not assume control of, or responsibility
for, the Project Site or the person in charge of the Project Site or undertake responsibility for reporting to any
federal, state or local public agencies, any conditions at the Project Site that may present a potential danger to the
public, health, safety or environment except where required of the CONSULTANT by law. In the event
CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally
represented by CLIENT, CONSULTANT may suspend or terminate its Services. CLIENT acknowledges that
CONSULTANT has no responsibility as a generator, treater, storer, or disposer of hazardous or toxic substances
found or identified at a site and CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, from
any claim or liability, arising out of CONSULTANT's performance of work under this Agreement and made or
brought against CONSULTANT for any actual or threatened environmental pollution or contamination except to
the extent that CONSULTANT has negligently caused such pollution or contamination.
14. Termination: Either party may terminate the Services with or without cause upon thirty (30) days
advance written notice. If CLIENT terminates without cause or if CONSULTANT terminates for cause,
CLIENT will pay CONSULTANT costs incurred, non-cancelable commitments, and fees earned to the date of
termination and through demobilization, including any cancellation charges of vendors an d subcontractors, and
all demobilization costs.
15. Severability: If any of the provisions contained in this agreement are held illegal, invalid or
unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. The Court shall
instead reform or replace any void or unenforceable provision with a valid and enforceable provision that gives
meaning to the intention of the provision or shall strike the provision from the agreement.
16. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating responsibility or liability between the CLIENT and the CONSULTANT shall survive the
completion of the services and the termination of this Agreement.
17. Complete Agreement: The Parties acknowledge this Agreement, including the Scope of Work or
Proposal attached hereto constitutes the entire Agreement between them. Unless stated otherwise in this
Agreement, this Agreement may not be modified except in a writing signed by both parties.
18. Applicable Law. This agreement shall be construed and enforced in accordance with the laws of the
State of North Carolina, excluding only its conflict of laws principles.
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