2012-091 Human Resources - Butterfly Wings for Training

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[Departmental Use Only] TITLE Training & Dev. Services FY 2011 -2012 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this day of April, 2012, ( "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 Butterfly Wings 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 (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: Training & Development Services to include: development of organizational competencies, organizational values, train the trainer workshops; training design; and the conduct of employee focus groups to provide framework for a strategic OC Training Plan as provided in the attached "Proposal to Provide Services" which is attached and herby incorporated by reference. Sessions will be conducted at various OC facilities with a maximum of 25 participants. The Provider shall provide the County with a written assessment of the County's organizational compentencies (leadership, management and supervisory) that will be used to revise the WPPR system and to develop a framework for organizational training on all levels. The term of this agreement rendered shall be from 4/12/2012 to 06/30/2012. 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 I. Payment: 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 thousand seven hundred dollars, ($9,700). Provider shall be paid at the rate of $112.50 per hour up to a total of ($9,700). (Provider shall submit an invoice to County upon completion of each workship, focus group, or taining session). 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 p as ated with the work to be performed until such time as said work is completed. f ��L�^'f 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. Revised July 2010