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HomeMy WebLinkAbout2012-015 EDC - Matthew Roybal as Manager for Piedmont Food and Agriculture Processing Center $60,500 ~. ~ G TEMPORARY EMPLOYMENT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into this ~ day of January,- 2012 by and between Orange County, North Carolina (the "County") party of the first part; and Matthew Roybal (the "Provider"), party of the second part; to provide Temporary Employment Services as the Manager of the Piedmont Food and Agricultural Processing Center. 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 services to the County in accordance with the terms of this Agreement. 1. Term of Agreement. The term of this Agreement shall be from February 15, 2012 through February 14, 2013, subject to early termination upon establishment and full appointment of a Board of Directors for the Piedmont Food and Agricultural Processing (PFAP) Center Corporation. 2. Payment. The Provider shall be paid as a temporary employee under and in accordance with the regularly scheduled Orange County Payroll System. Provider shall receive an annual salary of $60,500 payment in the amount of $2,326.92 every two weeks, minus any state and federal employee wage deductions. 3. Scope of Services. The Provider shall provide the services of that of a PFAP Center Manager under the supervision and direction of Noah Ranells, Agricultural Economic Development Coordinator, and Steve Brantley, Economic Development Director. 4. Relationship of the Parties. The Provider shall be employed by the County as a Temporary Employee as that term is defined and described in Chapter 28 of the Orange County Code of Ordinances subject to all rights, privileges and benefits offered to a temporary employee under Chapter 28 of the Code of Ordinances, except as herein provided. Provider acknowledges that he is a temporary employee and no representations have. been made that Provider shall be appointed or employed in a permanent position with the County; or that he will receive any fringe benefits typical of a permanent employment with the County. If the position of PFAP Center Manager is posted for external recruitment the Provider shall be eligible to compete for the position; but the County makes no representation as to the result of that process. Provider also acknowledges and agrees that he will receive no fringe benefits. 5. Cancellation. The Provider is an at-will employee and this- Agreement may be cancelled by the County or Provider upon fourteen (14) days written notice of cancellation, upon the formation of the PFAP Center Corporation, or upon employment of a permanent PFAP Center Manager at the direction of the County. 6. Release. Provider agrees to waive the right to file any claim, lien, action, or suit of any kind against the County relating to or connected with any injury whether physical, mental or other, or any loss of or damages to the Provider's property regardless of whether such injury, loss or damage occurred at a time when Provider-was carrying. out duties or responsibilities in furtherance of the provision of services set out in this Agreement. 7. Confidentiality. Provider may, during the course of providing services hereunder or in relation to this Agreement have access to, and acquire knowledge regarding personnel, materials, data, systems, legal, economic development, tax, and/or other information which may not be accessible or known to the general public. Any such knowledge acquired by the Provider shall not be used, published or divulged by the Provider to any person, firm, or other entity without prior written approval of the County unless such use, publication, or divulgence is in the direct furtherance of the provision of services set out in this Agreement. Provider specifically agrees that the foregoing confidentiality obligation applies to the terms of this Agreement and any information disclosed to the Provider in any document provided to the Provider by the County. Provider agrees to be bound by the terms of this section of this Agreement in perpetuity. 8. Records and/or Document Retention and Securit~~ Provider agrees to maintain all records and/or documents of, or related to, the employment and services set out in this Agreement on the property of the County, specifically, budget, and related documents in the Economic Development Department In the event the removal of such records and/or documents from the property of the County is necessary for the furtherance of the employment and provision of services set out in this Agreement the Provider agrees to maintain such records and/or documents in a safe and secure location. Provider agrees that upon the conclusion of the provision of services to the County it will leave all records and/or documents and things accumulated in the furtherance of the provision of services set out in this Agreement in a safe and secure location upon the property of the County, specifically, in the Economic Development Department. 9. Severability. Should any word, sentence, paragraph, or clause of this Agreement be determined to be unlawful, it shall have no bearing or impact on the remaining terms of the Agreement which shall remain fully enforceable as if the unlawful word, sentence, paragraph, or clause had been absent from the initial drafting of the Agreement. 10. 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 by a written instrument signed by the Parties. Modifications may be evidenced by facsimile signatures. 11. Governing Law.. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and venue shall be Orange County. The terms and condition of this Temporary Employment Services Agreement are understood and the signatures indicate that Parties understand and shall adhere to the terms of this Agreement. 2 ORANGE COUNTY, NORTH CAROLINA By Frank W. Clifton .County .Manager. ~r Z-~z, Date PROVIDER By atthew Roybal Date b / ! Zo ~ ~ A oved as to technical content: Katherine Cathey, Human Resourc Approved a to form and legal sufficiency: Jo Roberts, County Attorney This instrument has been pre-audited in the manner required by the Local Government Budge# and Fiscal Control Act. Clarence Grier, Financial Services Director 3