HomeMy WebLinkAbout2011-038 Co Atty - Coleman, Gledhill, Hargrave & Peek legal services ]Department Use Only]
Title HHRCD
FY2010-11
ORANGE COUNTY
CONTRACT UNDER$20,000
NORTH CAROLINA
THIS AGREEMENT made and entered into effective April 1, 2011, ("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"),and Coleman,Gledhill.Hargrave&Peek,P.C.(the"Provider");
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: Providing legal services to the
Orange County Planning Department in its determination of access to and use of
recreation amenities constructed and maintained within the Churton Grove Planned
Development Subdivision (formerly "Scotswood Planned Development') (hereafter
"the Subdivision") pursuant to the Class A Special Use Permit pertaining to the
Subdivision, which special use permit is recorded at Book 1709, Page 101, Orange
County Registry. The legal services provided and to be provided include
appearances.before the Orange County Board of Adjustment and legal work
associated with any appeal of a Planning Department or Zoning Officer
decision to the Orange County Board of Adjustment but DO NOT include
litigation in the courts of North Carolina or the courts of the United States.
The term of this agreement rendered shall be from April 1, 2011 through and
including December 31,2011.
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 performed in accord with this Agreement. The
amount to be paid by the County shall not exceed twenty thousand
dollars, ($20,000). Payment shall he 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.Payments shall be made as follows:
a. $225.00 per/hour for attorney services
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
Provider,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 he withheld or paid by the County on behalf of the Provider or the employees
of the Provider.
4. Insurance: The Provider shall obtain, at its sole expense, all
insurance needed to adequately insure itself during the performance of these
services as required by the County's Risk Management Policy.
S. 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.
6. Entire Agreement: 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 he
evidenced by facsimile signature.
7. Governing Law. Both parties agree that this Agreement shall be
governed by the laws of the State of North Carolina. Should either party
initiate litigation to settle any dispute involving the terms of this
Agreement such litigation shall he initiated in the General Court of
Justice of North Carolina seated in Orange County.North Carolina..
8. 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 and 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 and non-
appropriation of public funds.
9. Paragraph 6 of the January 1, 2011 letter agreement between County
and Provider, which paragraph relates to the legal services provided for
in this Agreement is, effective April 1, 2011, deleted from the said
.January 1,2011 letter agreement.
IN WITNESS WHEREOF, Orange County and the Provider have signed this
Agreement effective as of the day first written above.
[SIGNATURE PAGE TO FOLLOW]
ORANGE COUNTY PROVIDER:
Fed Tax ID#56-1816313
By: By,
Frank Tifton, G ey dhil
County Manager olema '11,Hargrave&Peek,P.C.
200 S.Cameron St. 29 E.Tryon Street
Post Office Box 8181 P.O.Drawer 1529
Hillsborough,NC 27278 Hillsborough,NC 27278
This ins ent has b approv to technical content
g Benedi artm t ,rector
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Clarence G.Grier,Financial Services Director
Thi ;hbeen approved as to form and legal sufficiency.
- I
AnnJWe M.Moore,Staff A ey