HomeMy WebLinkAbout2011-206A Orange County - Courtney Kennedy for Drug Court Coordination $64,000/~t 9 r
[Departmental Use Only]
TITLE Drug Court Contract
FY 2011-12
NORTH CAROLINA
ORANGE COUNTY
SERVICES AGREEMENT ITNDER $90,000.00
• This Services Agreement (herinafter "Agreement"), made and entered into this 1st day of
July, 2011, ("Effective Date") by and between Orange County, North Carolina a body politic
and corporate of the State of North Carolina (hereinafter, the "County") and Courtney Kennedy,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Orange County Drug Court coordination.
ii) By executing this Agreement, the 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.
iii) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof and work related thereto may be
generally referred to as the "Project." Compensation to the Provider for Basic
Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider shall be required to comply with all federal, state
and local antidiscrimination laws, regulations and policies that relate to the
performance of Provider's services under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that she possesses such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows:
i) Provider shall serve as the drug court coordinator for Orange County.
ii) Provider shall carry out all the functions and duties associated with the
requirements of a drug court coordinator as those functions and duties are
commonly understood by the Chief District Court Judge of Judicial District 15B.
iii) Provider shall report to .and be subject to the general supervision of the Chief
District Court Judge of Judicial District 15B, or the Judge's Delegee.
iv) Provider shall, on a quarterly basis, provide to the County Manager a report of her
activities as drug court coordinator and the outcomes of those activities. Said
report shall be approved, prior to its submission, by the Chief District Court Judge
or the Judge's Delegee.
v) Provider shall, upon approval of the Chief District Court Judge, or the Judge's
Delegee, be permitted to be away from her office for up to fifteen (15) business
days (five business days being Monday-Friday) during the term of this
Agreement.
4. Duration of Services
a. Term. The term of this Agreement shall be fromJuly 1, 2011 to June 30, 2012.
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b. Scheduling of Services.
i) The Provider shall schedule and perform her activities in a timely manner.
ii) Should the County determine that the Provider is absent from work for any period
of time not allowed by this Agreement, County may terminate this Agreement as
provided in Section 10.
iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2011.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed fifty-eight thousand five
hundred dollars ($58,500). Compensation shall be subject to section 10 herein.
b. Payment for Basic Services. Payment shall become due and payable weekly upon the
submission of an invoice to Orange County Finance Department. In order to be paid by
Friday of a given week an invoice must be submitted by Tuesday of the same week.
Provider acknowledges that Provider is not an employee of County and must determine
and withhold the proper amount of wage withholdings from her compensation for Basic
Services as set out in this Section. All invoices shall be approved by the Chief District
Court Judge or the Judge's Delegee, prior to submittal to the County.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
d. Travel. In addition to Provider's Compensation for Basic Services and in addition to the
Compensation for Basic Services, Provider shall be reimbursed for travel costs directly
related to her performance of the Basic Services at the current Internal Revenue Service
per mile rate. Travel reimbursement requests shall be submitted for approval to the
Chief District Court Judge or the Judge's Delegee and, if approved, to the Orange
County Finance Director for reimbursement. Travel reimbursement shall not exceed one
thousand five hundred dollars ($1,500.00).
Supplies. Upon commencement of this Agreement County shall distribute to Provider
five hundred dollars ($500.00) for Provider's use in the procurement of necessary
project-related supplies. In the event this contract is terminated prior to June 30, 2012,
Provider shall remit the unused amount to the Orange County Finance Department.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (County Manager and/or
his Delegee) to act as the County's representative with respect to the Project and shall
have the authority to render decisions within guidelines established by the County
Manager and/or the County Board of Commissioners and shall be available during
working hours as often as may be reasonably required to render decisions and to furnish
information.
b. Office Space. Provider shall utilize currently unused office space located in the
Orange County Courthouse and designated for the general use of the Courts of the State
of North Carolina. This space shall be used under the general supervision of the Chief
District Court Judge.
c. Office Equipment. Provider acknowledges that Provider shall utilize computer(s) and
related equipment owned by the State of North Carolina Administrative Office of the
Courts. County shall provide routine support and maintenance for the computer(s) upon
notification by Provider that the computer(s) needs maintenance.
d. Cellular Telephone. County acknowledges that the nature of Provider's work requires a
cellular telephone for work purposes. To that extent Provider shall receive a stipend of
thirty-five dollars ($35.00) per month for the full term of this Agreement toward the use
of her personal cellular telephone or toward the purchase of an additional cellular
telephone for use in the performance of the Basic Services.
Other Costs. County acknowledges there are other costs associated with the services to
be provided, including support and maintenance costs associated with North Carolina
Administrative Office of the Courts hardware. County shall bear such support and
maintenance costs up to but not exceeding two thousand five hundred dollars
($2,500.00).
7. Insurance
a. General Requirements. The Provider shall purchase and maintain during the period of
performance of this Agreement:
i) Provider acknowledges the indemnification requirement contained in Section 8
herein. Provider has determined to forego comprehensive general liability
insurance coverage;
ii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iii) Evidence of such insurance shall be furnished to the County, together with
evidence that each policy provides the County with not less than thirty (30) days
prior written notice of any cancellation, non-renewal or reduction of coverage.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
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misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Cause. The County may terminate this Agreement without notice to the
Provider for Cause. Provider may terminate this Agreement without notice to the
County upon County's willful failure to compensate Provider as provided in Section
5(a).
b. Other Termination. In the event Provider is unable to perform, for any reason, the Basic
Services as set out in this Agreement, County may terminate this Agreement pursuant to
Section 10(b) above.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the
compensation and reimbursements that she has earned to the date of termination,
less any costs or expenses incurred or anticipated to be incurred by the County due
to errors or omissions of the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the Chief
District Court Judge within seven (7) days, at no additional cost, all deliverables
including any electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. .Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
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Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
d. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider
Attention: County Manager Courtney Kennedy
P.O. Box 8181 704 Sybil Drive
Hillsborough, NC 27278 Durham, NC 27703
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
OR
By:
This instrument as been pre~udit~¢l in the manner required by the Local Government Budget
and Fa~al~o l Act. ~~~~ _ n
This ins nt has been approved as to form and legal sufficiency.
Of e of the County Attorney
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