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HomeMy WebLinkAbout2012-130 EDC - Emil Malizia Consultant[Departmental Use Only] TITLE EcDev Consult FY 2012 -13 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA -ocr� THIS AGREEMENT, made and entered into this 16 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 Emil Malizia, Department of City and Regional Planning, UNC -CH (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: • Serve as Orange County's point person on the UNC -CH campus. Begin by identifying faculty and administrators who maintain current information on scientific resources of interest to potential economic development prospects. The goal would be to have information that could be transmitted expeditiously to the OCED director in instances when he needs such information to complete prospect - related questionnaires. Other activities within this role include: reporting on interesting economic development initiatives in the UNC system, summarizing important economic development research that could generate direct tangible benefits to the county and convening /attending meetings that brought together the OCED director (and other county representatives) with campus -based experts and information sources. • Correlate the Research Triangle Regional Partnership's target industry clusters to expertise at UNC -CH and focus on the deepest connections. Such expertise may be found in programs (graduate degree programs and curricula), personnel (faculty, post docs and graduate students), or professional schools and science - oriented departments in the College of Arts & Sciences. • Survey available sites zoned for industrial development in surrounding counties. With the OCED director, select the sites and define attributes and criteria to be measured for each site. Summarize this information to make comparisons to the potential industrial sites located in Orange County's EDDs. Initiate discussions with David Owens at the School of Government who crafted the development agreement between Chapel Hill and UNC -CH for Carolina North. The motivation for these discussions is to find ways that private investment on this new campus could add to the county's tax base. Find precedents where public universities have provided long -term land leases to private investors who, in turn, have developed the property and constructed improvements that became taxable. Utilize CoStar Analytics to identify office and flex space in Orange County that could accommodate young growing companies. Criteria for selecting the most attractive space options would be asking rent, available square footage (vacancy), building attributes, and location. The term of this agreement rendered shall be from May 7, 2012 to July 27, 2012. Revised July 2010 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 three thousand dollars, ($3,000). 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. 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. 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 be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised July 2010 2 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: Coun 4 ana 200 S. Cameron t. P.O. Box 8181 Hillsborough, NC 27278 PROVIDER By: Title e- a / Emil Malizia This instrument has been approved as to technical content S - 2-41 Z Steve BrantIZ5y, Department Dire This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. 1"J". A Aw-i_ Office of the Finance Director This in nt has been approved as to form and legal sufficiency. O ce of the County Attorney Revised July 2010 cola -13 0 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: Emil Malizia Party/Vendor Contact Person: Emil Malizia Contact Phone: 919 - 962 -4759 Party/Vendor Address: 103 Dartmouth Court City Chapel Hill State: NC Zip: 27516 Department: Economic Development Amount: $3,000 Purpose: Consultant Budget Code(s): Quarter Cent Sales Tax Vendor # N/A (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No ® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date May 16, 2012 Approved by Board Yes❑ No ® Agenda Date: Title of Contract: 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: Date: IT Direct (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; OR No Insurance Required FtK. Hold Contract pending receipt of Certificate of Insurance Fl. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: AAJAJ Date: J� �Q 17— Financial Services This Contract is conditionpon appropriation by the Board of Commissioners Yes❑Nok. A budget amendment is necessary before approval Yes❑ NoA. If budget amendment is necessary, please attach to this form. This instrument has been pre - audited in the manner required by the Local Government Budget !and Fiscal Control Act: " Financial Services Director's Signature: A Date: 12, County Attorney Approval by Board ❑ (Contracts $90,000.00 or more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approval by Manager,21-(M—ost other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signatur Date: County Manager This contract has been reviewed and is approve by the County Manager YosffNo❑. This contract has been reviewed and is i a by the it Yes❑No2- Manager's Signature: Date: T JC Z� Clerk to the Board Approved by BOCC on the _ day of 20 . Submitted for Chair signature on the _ day of , 20 Clerk's Signature: Revised March 2012 Date: