HomeMy WebLinkAbout2005 S Housing - J-Quad and Associates, LLC- Consultant Services - Ten (10) Year Plan to End Homelessness~ ~
- RETURN THIS COPY TO THE CLERK'S OFFICE
FOR THE PERMANENT AGENDA FILE
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AGREEMENT FOR CONSULTANT SERVICES ~ '` ` ' ` ~ `` ~~
Orange County Ten (10) Year Plan to End Homelessness 5 ~
THIS AGI~~EMENT (hereafter the " gree}}?~~ent") has been made and entered into on this the
day of ~oIJPX , 2005, by and between the County of
Orange, North Carolina (hereinafter the "COUNTY") and J-Quad and Associates, LLC
hereinafter the "Contractor").
WITNESSETH, that whereas the COUNTY issued a Request for Proposals from experienced
persons or firms qualified to develop the Orange County Ten (10) Year Plan to End
Homelessness hereafter described as "PROJECT");
WHEREAS, Contractor offered to provide consulting services as detailed in their proposal dated
August 19, 2005 and amended September 26, 2005 (hereafter the "PROPOSAL"), which is
attached hereto and incorporated herein as Exhibit A to this agreement; and
WHEREAS, COUNTY is determined to hire the Contractor, in those phases of the PROJECT to
which agreement applies, to consult with and give advice to the COUNTY related thereto;
NOW THEREFORE, the COUNTY and Contractor in consideration of their mutual covenants
herein agree in respect to the performance of consultant services by Contractor and the payment
for those services by the COUNTY, as set forth below.
SECTION 1-SERVICES
Contractor shall do, perform and carry out in a diligent and professional manner, with time being
of the essence, the services described in the PROPOSAL (Exhibit A) hereafter referred to as
"Services". Notwithstanding the foregoing, and the timeline provided in the PROPOSAL, the
following deadline for the completion and delivery of Services shall be controlling: The 10 Year
Plan to End Homelessness will be completed and delivered to the COUNTY by March 31, 2006.
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SECTION 2 -THE COUNTY'S RESPONSIBILITIES
A. The COUNTY will cooperate to furnish the Contractor with copies of all data, surveys
and other relevant information already developed and other public records freely
available to the County that will aid the Contractor to provide the Services.
B. The COUNTY'S representative will be the Orange County Housing and Community
Development Director unless the COUNTY notifies the Contractor otherwise.
SECTION 3 -PAYMENTS
A. COUNTY shall compensate Contractor for the services provided on the basis of invoices
for Services rendered by Contractor. Contractor shall submit invoices to the COUNTY
within 30 days after completion in accordance with the attached Cost Proposal dated
September 26, 2005 and delivery of each deliverable provided for in the Services.
The total compensation payable to the Contractor for the Services under this agreement shall not
exceed $51, 270.
SECTION 4 -AGREEMENT PERIOD
This agreement shall be effective from the last date of its execution until Contractor completes
performance of all of the Services or until June 30, 2006, whichever is later.
SECTION 5 -TERMINATION
Either party has the right to terminate this agreement upon giving the other party ten (10) days
written notice. In the event of termination, all deliverables due on the Services will be delivered
to the COUNTY within a ten (10) day period from the date of termination notification. The
COUNTY will compensate Contractor on the basis of invoices submitted pursuant to Section 3
of this agreement for Services rendered and delivered by Contractor prior to the date of
termination.
SECTION 6 -SUCCESSORS AND ASSIGNS
Neither the COUNTY nor Contractor will assign, sublet or transfer their respective interest in
this agreement without the written consent of the other.
SECTION 7 -GENERAL PROVISIONS
The COUNTY and the Contractor agree that this Agreement together with the provisions hereof
and Exhibits A and B, as may be modified herein, represent the entire agreement between the
COUNTY and Contractor, which may only be altered, amended or repealed by a duly executed
written instrument.
If any portion of this agreement is held as a matter of law to be unenforceable, the remainder of
this agreement shall be enforceable without such provisions.
SECTION 8 -INSURANCE
Prior to beginning to perform Services under this agreement, Contractor shall provide the
COUNTY with proof of current certificate of Professional or General Liability Insurance for
contractor and all of contractor's agents, employees or subcontractors who are to provide
Services under this agreement.
SECTION 9 -HOLD HARMLESS
To the extent permitted by law, Contractor agrees to indemnify and hold harmless the COUNTY
and their respective officers, agents and employees, from and against any and all claims,
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damages, losses, and expenses including reasonable attorney's fees caused by the negligent acts,
errors or omissions of Contractor (including employees, visitors, sub-contractors or consultants,
etc.) which may occur during the execution of work. Nothing in this agreement shall be
construed as either a waiver of governmental immunity or as creating any personal liability on
the part of any officer or agent of any public body, which may be party hereto, nor shall it be
construed as giving rights of benefits hereunder to any other than the COUNTY or Contractor.
SECTION 10 -INDEPENDENT CONTRACTOR
Each party is, and shall remain, an independent contractor with respect to all services performed
under this Agreement. Each parry shall select the means, method, and manner of performing
their respective services herein. Nothing is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties hereto or as
constituting either party as the agent, representative, or employee of the other for any purpose or
in any manner whatsoever. Each party represents that it has or will secure at its own expense all
personnel required in performing their respective services under this Agreement. Any and all
personnel of either party or other persons engaged in the performance of any work or services
under this Agreement shall have no contractual relationship with the other party, and shall not be
considered an employee of any other party. Any and all claims that might arise under the
Unemployment Compensation Act, the Workers' Compensation Act of the State of North
Carolina, or any other applicable Federal or State law, rule, or regulation on behalf of said
personnel, arising out of employment or alleged employment, including, without limitation,
claims of discrimination against either party, its officers, agents, contractors, or employees shall
in no way be the responsibility of the other party. To the extent permitted by law, each party
shall defend, indemnify, and hold the other party, its officers, agents, and employees harmless
from any and all such claims. Such personnel or other persons shall neither require nor be
entitled to any compensation, rights, or benefits of any kind whatsoever from the other party,
including, without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensation, Re-Employment Insurance, disability, severance pay, or PERA.
SECTION 10- APPLICABLE LAW
The parties shall comply with applicable federal, state, and local anti-discrimination laws,
regulations and policies.
This agreement shall be governed by and construed in accordance with the applicable laws of the
State of North Carolina, and venue for any legal action shall be Orange County.
IN WITNESS WHEREOF, the parties thereto have made and executed this agreement the day
and year first written above:
ATTEST:
Clerk to the Board
COUNTY
County,
Orange County
Commissioners
Approved as to form and legality
eof 1 dhill, County Attorney
Carolina
This document has been preaudited in accordance with the N.C. Local Government and
Fiscal trol Act.
~~-~
Kenneth Chavious, Finance Director
/~~5~~
Date
ATTEST:
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'%/; -
Title: Business Development
CONSULTANT
J-Quad and Associates, I~LC
James E. Gilleylen
Specialist
Title: President
Address: 14755 Preston Road, Suite 620
Dallas, Texas 75254
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Exhibit A
PROPOSAL
Exhibit B
COST PROPOSAL (revised 09/26/05)
J-Quad's has revised its proposed cost to reflect an increase level of effort in the public
participation tasks associated with this project. The revised cost proposal is $51,270. This
reflects approximately 4951abor hours at $35,040, an increase of 38 hours over the original
4571abor hours projected for analysts, and asix-month travel budget of $16,230 instead of
the 5-travel trips at $6,770 proposed.
LABOR COST
Senior Analysts 178 hours of effort @ $90.00 per hour = $ 16,020.00
Urban Planners/Analysts 279 hours of effort @ $60.00 per hour = $ 16,740.00
38 additional hours (a~ $60.U0 $ 2,280.00
Sub-Total
TRAVEL COST
457 hours of effort = $32,760.00
495 hours Revised Sub-Total $ 35,040.00
Five (5) Travel Trips Are Recommended:
^ Two trips of two days each /two persons traveling
^ Two trips of two day each I one person traveling
^ One trip of two days i three persons traveling
Airfare 9 roundtrips @ $450 $4,050
Lodging 11 hotel nights @ $120 $1,320
Meals 18 days per diem @$50 900
Car Rental 10 days @$50 500
Sub-Total Travel Cost (current budget) _ $ 6,770.00
(Additional Travel Costs) $ 9,460.00
(six month revised travel plan detailed on next page)
TOTAL
New Total
_ $39,530.00
$ 51,270.00
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Travel Detail (Including Original Travel Plans)
October
Kickoff 2 Days/3 Persons 10/3 -10/7 Current Budget*
November
2 Days/1 Person 11/O1 - 11/04 Current Budget**
3 Days/1 Person 11/14 - 11/18 $1,000.00*
December
2 Days/1 Person 12/05 - 12/09 $1,000.00*
2 Days/1 Person 12/12 - 12/16 Current Budget**
January
2 Days/2 Persons 01/09 - 01/13 Current Budget**
4 Days/1 Persons 01/09 - 01/13 $1,000.00*
2 Days/2 Person 01/16 - 01/20 Current Budget**
4 Days/1 Person 01/23 - 01/27 $1,000.00*
February
3 Days/1 Person 02/06 - 02/10 $1,000.00*
3 Days/1 Person 02/20 - 02/24 $1,000.00*
March
2 Days/2 Person 03/06 - 03/10 $1,730.00*
2 Days/2 Person 03/13 - 03/17 $1,730.00*
*Additional Travel represents $9,460.00
Travel not budgeted in the original proposal
**Current Budget represents the $6,770 travel cost proposed in the original proposal
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PROPOSED FEE
Ten-Year Plan to End Homelessness -Orange County Total Hours
Revised Hrs.
1. Research /Review Similar Communities' Plans 40 hrs
2. Process Design Work Sessions and Interviews 60 hrs
3. Development of Process Design 40 hrs
4. Research Input 60 hrs
5. Identification of Recurring Service Themes 40 hrs
Add 18 hours 58 hrs
6. Plan /Convene Public Forums and Work Groups 60 hrs
Add 20 hours 80 hrs
7. Identification of Broad Factors 27 hrs
8. Action Plan and Recommendations 90 hrs
9. Develop Marketing /Implementation Strategy 40 hrs
Total Hours 457 hrs
Add 38 hours 495 hrs
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