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Home My WebLink About2012-121 DEAPR - David Welch for Data Collection P&R Master PlanA'() [Departmental Use Only] TITLE CPRMP Data Analyses FY 2011 -12 and 2012 -13 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this day of May, 2012, ( "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 "), party of the first part; and David P. Welch (the "Provider "), party of the second part; 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: to conduct data collection (demographic, socioeconomic, and transportation) and data analyses for the Orange County Comprehensive Parks and Recreation Master Plan consistent with the attached Request for Proposals (9/1/11) and submitted proposal. The term of this agreement rendered shall be from June 1, 2012 to December 31, 2012. 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 Two Thousand Two Hundered Dollars, ($2,200). Payment shall be 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. 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 be 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. Revised July 2010 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. 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. 7. 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 be evidenced by telefacsimile signature. 8. Governin Law: aw_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 be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By: C anaget,/ 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 PROV By: Title---'-- . e eta David P. Welch 20 East Drive Chapel Hill, NC 27516 This instrument h een approved as to technical content. X �� P. David Stancil, hepartment Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. ffl �. 1AAX, Office of the Finance Director This instrument has been approved as to form and legal sufficiency. OffVe of the County Attorney Revised July 2010 2 Attachment 1 Contract Purpose: Demographic, socioeconomic, and transportation data collection and analysis for developing the Orange County Comprehensive Parks and Recreation Master Plan Contract Period: June 1, 2012 to December 31, 2012 Deliverables: Milestone Completion Date Data collection August 1, 2012 Data Analysis September 1, 2012 Submit draft report September 15, 2012 Submit final report October 15, 2012 ;k,p/k' *\ ORANGE COUNTY — CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party /Vendor Name: David_ Welch Party /Vendor Contact Person: David Welch Contact Phone: 919- 929 -8391 Party/Vendor Address: 20 East Drive City Chapel Hill State: NC Zip: 27516 Department: DEAPR Amount: $2,200 Purpose: Data collecti demo raphic, socioecono i and anal sis for O an e County CZareh ensive Parks and Recreatioli Master Ejap Budget Co e s): 10610020 630000 Vendor #4/36 (N /A if new vendor) Vendor is a BOCC consultant? Yes No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date May 2012 Approved by Board Yes❑ No® Agenda Date: Title of Contract: Demographic, Socioeconomic, and Transportation Data Collection and Analysis for Orange County Comprehensive Parks and Recreation Master Plan If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes❑ No[]. If submitted for bid were bids /RFPs received Yes❑ No❑ Bid /RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: _ Itkwo T� Date: Z IT Director (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technolo Director as to chh l content and information technology specifications: IT Director's 'nature: ate: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; ❑ OR No Insurance Required [ Hold Contract pending receipt of Certificate of Insurance ❑. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: Date: L/ kxe ad 67/7/11. a4( r n 1 cow Ccaxtiuclkoldl sip�»afuA.e� Financial Services This Contract is conditioneLupon appropriation by the Board of Commissioners Yes❑No. A budget amendment is necessary before approval Yes❑ No If budget amendment is necessary, please attach to this form. his instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act: Financial Services Director's Signature: At-t,.. A � Date: County Attorney Approval by Board ❑ (Contracts over $90,000.00 for goods or services, $250,000.00 for construction, or any BOCC consultant contract). Approval by Manager,F:f All other contracts). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: County Manazer This contract has been reviewed and is approved by the County Manager Y"ffl—No❑. This contract has been reviewed and is to be bmitted for B CC consideration Yes❑NoQ! Manager's Signature: Date: Jerk to the Board Approved by BOCC on the _ day of 20 . Submitted for Chair signature on the _ day of 20 Clerk's Signature: Revised April 2010 Date: