NCS000416_CFRW Contract 2022 - 2023_Final_signed_20230912

Town ofld an Cape Fear
e
�.L River Watch
102 Town Hall Drive 617 Surry Street
Leland, NC 28451 Wilmington, NC 28401
[phone]-Fox(910)371-1073 [phone] www.cfrw.us
Cape Fear River Watch, Inc. (CFRW), under contract with the Town of Leland, will provide the following
services for the agreed upon term period of July 19, 2022—June 30, 2023 for the total not to exceed
amount of$5,000.These contracted services assist the Town of Leland in meeting requirements of the
federal NPDES Stormwater permit.
Service#1: Provide Educational Programs for Leland Students: Each program will be related to water
quality, water resources, and stormwater pollution and will occur at a minimum of two (2) occasions
during the contract term. Educational programs can include but are not limited to Enviroscape
presentations for eighth grade science classes, activities for Leland summer camps and grade-level field
trip facilitation. The locations, dates, and times will be identified by the Town of Leland Stormwater
Administrator and will be mutually agreed upon by CFRW. The Town of Leland will be billed a total of
$1,800 for this service.
Service#2: Conduct and Report on Water Quality Monitoring(Creek Watchers): CFRW will conduct
water quality observations at four (4) locations in the Town of Leland identified by the Town of Leland
Stormwater Administrator and will be mutually agreed upon by CFRW. CFRW will provide quarterly
reports as determined by the Town of Leland Stormwater Administrator. The Town of Leland will be
billed a total of$1,600 for this service
Service#3: Storm Drain Marking: A minimum of two (2) days with community volunteers and fifty(50)
drains marked in order to educate and involve the Leland community about stormwater pollution. The
locations for the drain markings will be identified by the Town of Leland Stormwater Administrator and
will be mutually agreed upon by CFRW. The Town of Leland will be billed a total of$1,600 for this
service.
Reporting and Invoicing Requirements: Two (2) reports will be submitted by CFRW to the Town of
Leland Stormwater Administrator to include a mid-contract report and a final report. An invoice will be
submitted to the Town of Leland Stormwater Administrator by June 30, 2023.A lump sum payment will
be made to CFRW upon completion of all requirements in July 2023.
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CONTRACT CLAUSES AND CONDITIONS:
Release and Indemnity: To the fullest extent permitted by law,the CFRW shall release, indemnify, keep
and save harmless the Town, its agents, officials and employees, from any and all responsibility or
liability for any and all damage or injury of any kind or nature whatever (including death resulting
therefrom)to all persons, whether agents, officials or employees of the Town or third persons, and to all
property proximately caused by, incident to, resulting from, arising out of, or occurring in connection
with, directly or indirectly, the performance or nonperformance by CFRW (or by any person acting for
the CFRW or for whom the CFRW is or is alleged to be in any way responsible, including but not limited
to employees, agents, and volunteers), whether such claim may be based in whole or in part upon
contract, tort (including alleged active or passive negligence or participation in the wrong), or upon any
alleged breach of any duty or obligation on the part of the CFRW, its agents, officials and employees or
otherwise.The provisions of this Section shall include any claims for equitable relief or for damages
(compensatory or punitive) against the Town, its agents, officials, and employees including alleged injury
to the business of any claimant and shall include any and all losses, damages, injuries, settlements,
judgments, decrees, awards,fines, penalties, claims, costs and expenses. Expenses as used herein shall
include without limitation the costs incurred by the Town, its agents, officials and employees, in
connection with investigating any claim or defending any action, and shall also include reasonable
attorneys'fees by reason of the assertion of any such claim against the Town, its agents, officials or
employees.The CFRW expressly understands and agrees that any insurance protection provided to
CFRW, shall in no way limit the CFRW's responsibility to release, indemnify, keep and save harmless and
defend the Town as herein provided.The intention of the parties is to apply and construe broadly in
favor of the Town the foregoing provisions subject to the applicable limitations, if any, set forth in
N.C.G.S. 2213-1.This indemnification provision shall not apply to any such claims, injuries or loses caused
by the negligence or intentional acts of the Town or its employees.
Independent Contractor: It is mutually agreed that CFRW is an independent CFRW and not an agent of
the Town, and as such the CFRW shall not be entitled to any Town employment benefits, such as, but
not limited to,vacation, sick leave, insurance,workmen's compensation, or pension and retirement
benefits. It is further mutually agreed that the Town has no supervisory duty or obligation with respect
to CFRW's employees, agents, or volunteers.
Other Laws and Regulations: CFRW will comply with any and all applicable federal, state and local
standards, regulations, laws, statutes and ordinances including those regarding toxic, hazardous and
solid wastes and any pollutants; public and private nuisances; health or safety; and zoning, subdivision
or other land use controls. CFRW will take all reasonably necessary, proper or required safety,
preventative and remedial measures in accordance with any and all directives from the North Carolina
Department of Human Resources,the United States Environmental Protection Agency,the North
Carolina Department of Environmental Management, Health Departments, and any other federal, state
or local agency having jurisdiction, to insure the prompt prevention or cessation (now or in the future)
of violations of either the applicable provisions of such standards, regulations, laws, statutes, and
ordinances or any permits or conditions issued thereunder.
Amendments:This Contract shall not be modified or otherwise amended except in writing signed by the
parties prior to any additional work being performed pursuant to the Amendment.
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Non-Discrimination: CFRW will take affirmative action not to discriminate against any employee or
applicant for employment or otherwise illegally deny any person participation in or the benefits of the
program which is the subject of this Contract because of race, creed, color, sex, age, disability or
national origin.To the extent applicable, CFRW will comply with all provisions of Executive Order No.
11246,the Civil Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable federal, state
and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives
promulgated to prohibit.
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act,this the day of 2022.
Finance Officer,Town of Leland, N.C.
AGREEMENT BETWEEN THE TOWN OF LELAND AND CAPE FEAR RIVER WATCH
Signature: Date:
Niel Brooks, Assistant Town Manager, Town of Leland
Signature: W" -t& Date: 7/19/2022
Marissa Blackburn, Environmental Education Manager, Cape Fear River Watch, Inc.
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