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HomeMy WebLinkAbout2012-140 Tax Dept - Hunt, Smith and Snow LLC for Tax Assessment Consulting ServicesAoi ,f -) ,VU [Departmental Use Only] TITLE Tax Assessment Consultation Services FY 2012 -13 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $25,000.00 THIS AGREEMENT, made and entered into this 19'14 day of June, 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 Hunt Smith & Snow LLC (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: 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. Term. The term of this Agreement shall be from June 6, 2012 to August 5, 2012. This Agreement may be extended for an additional one month at the discretion of the County Manager. In no event shall this Agreement extend beyond September 5, 2012; unless there is a writing modifying this Agreement signed by both Parties as an amendment to this Agreement. 2. Scone of Services. The services and/or materials (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: The Provider will provide Tax Assessment Consulting Services to the Orange County Tax Department. The Provider will conduct an initial assessment of assessment services. Based on the assessment the Provider and the Interim Tax Administrator will develop a mutually acceptable work plan with milestones for the Provider to complete during the term of the Agreement. This work plan once completed will be attached and become a part of this Agreement as Attachment A, Scope of Work, which is hereby incorporated into this Agreement. Provider shall provide at least twenty (20) hours of on -site consultation, Monday through Friday during the regular business hours of the Tax Administration Office. 3. 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 be at a rate of sixty -five dollars per /hour, but the maximum amount payable shall not exceed Twenty Thousand Eight Hundred dollars, ($20,800). Payment shall be made monthly 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. 4. 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 Revised June 2012 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. 5. 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. The Provider understands that no benefits, including Worker's Compensation coverage, will be provided to him by the County. 6. Insurance. A. General Requirements. The Provider shall purchase and maintain during the period of performance of this Agreement Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider. B. Limits of Coverage. The Provider shall maintain professional liability insurance coverage with coverage of at least $1 million, per occurrence, $3 million aggregate while providing services to the County. C. Evidence of Insurance. 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. 7. 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. 8. Termination: This Agreement may be terminated at any time without cause by either Party upon ten (10) days written notice. This agreement may be terminated with cause at any time by either party upon at least 30 days prior written notice to the other party upon default of one or more of its obligations hereunder, unless such default is cured within 30 days of the notice of termination. 9. 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. 10. Governin 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. 11. 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. Revised June 2012 2 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By Z11 Frank W. C ' on, Jr., n y Manager 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 HUNT SMITH & SNOW_i By: 1 � This ins ment has been approved as to technical content. Paul Laughton, In�Tax mini strator John S ng Ply 125 ' gston Drive, Ste. 206 apel Hill, North Carolina 27514 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. (� a'� /). jf" Clarence G. Grier, Financial and Administrative Services Director This Astlpimej h�yVeen approved as to form and legal sufficiency. M. Revised June 2012 Staff zo1z- NO 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: Hunt. Smith and Snow LLC Party/Vendor Contact Person: John Smith Contact Phone: Party/Vendor Address: City State: Zip: Department: Tax Administration Amount: $20,800 Purpose: Budget Code(s): Vendor # (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date June 6, 2012 Approved by Board Yes❑ No® Agenda Date: Title of Contract: 3 4 3 3 01 R o b3 Do 0 0 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: 6,g-4, t� I late: L ! Z JF IT Director (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 ❑. Hold Contract pending receipt of Certificate of Insurance El. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: Date: Financial Services This Contract is condition gd pon appropriation by the Board of Commissioners Yes ❑NO A budget amendment is necessary before approval Yes❑ No4. 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: Date: L County Attorney Approval by Board ❑ (Contracts $90,00 .00 or more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approval Manag (Most other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has bee r iewed roved by the Attorney as to legal form and suffici cy: Attorney's Signature Date: County Manager This contract has been reviewed and is approved by the County Manager Y o ❑. This contract has been reviewed and is for signature by the Chair Yes ❑N Manager's Signature: Date: V 1 (/ Clerk to oard Approved by BOCC on the _ day of 20 Submitted for Chair signature on the _ day of , 20 Clerk's Signature: Date: Revised March 2012