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HomeMy WebLinkAbout2012-252 DEAPR - David P Welch Amendment to previous contract $2,200 jo AMENDMENT NO. 1 Amendment to that certain Agreement effective June 1,2012 between Orange County, (the"County"),and David P.Welch(the"Provider")for services resulting in the development of sections of the Orange County Comprehensive Parks and Recreation Master Plan. In consideration of the mutual promises and conditions set forth herein, the County and the Provider agree to amend the Agreement as follows: 1. Services to be furnished shall no longer include demographic and socioeconomic data collection and analysis. 2. Services to be furnished shall be as provided in Attachment 1 to this Amendment. Full Force and Effect Except as amended by this Amendment,the Agreement shall remain in full force and effect. IN WITNESS WHEREOF: Orange County and the Provider do hereby agree to this Amendment to said Agreement effective immediately. ORANG"AC I'I i t PROVID BY: I By: 7/0 1 County' anager Davi. elch 200 S. Cameron Str--t 20 East Drive Hillsborough,NC 2 78 Chapel Hill,NC 27516 This instrument ha n approved as to technical content. a-32 1`-3 David Stancil,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. L1 J. ,L Office of the Finance Director This i trumen has been approved as to form and legal sufficiency. Office of the C my Attorney Attachment 1 Contract Purpose: Data collection and analysis for developing the following sections and subsections of the Orange County Comprehensive Parks and Recreation Master Plan (CPRMP) A. Driving Factors and Service Areas • Transportation The Provider will produce a qualitative summary of existing and planned modes of transportation in Orange County, building upon points developed in the Orange County 1988 Recreation and Parks Master Plan. Updates will include a discussion of existing greenways,TTA bus service, proposed light rail, and major improvements to roads since the 1988 master plan. B. Linkages with 2030 Comprehensive Plan and Other County Plans • 2030 Comprehensive Plan • Bicycle Plan • Comprehensive Conservation Plan(planned open space goals) • Other plans listed in Section Ill of draft CPRMP table of contents (June 19, 2012) The Provider will identify linkages of the CPRMP with other County-produced plans. Text will focus on a description of linkages, building upon the contents the 'Overview of Existing and Previous Plans'. The Provider will confirm with County staff the complete list of county plans. C. Inter-relationships and implications of other plans and institutions • Retrospective on 1988 Master Plan (Accomplishments, remaining needs) • The nature of the County Park System The 2020 Orange County Comprehensive Plan provides an overview of accomplishments and remaining needs stemming from the 1988 Recreation and Parks Master Plan. It also outlines the County Park System goals which can serve as a basis for the nature of the County Park System. The Provider will utilize information contained in this plan for these two items (above). • Town Parks and Recreation Systems • Public School Systems • State Parks System (i.e., Eno River SP, Occoneechee Mtn SNA, NC Mtns-to-Sea Trail) • Private Facilities Public/Private partnerships(e.g., Duke Forest, Ruritan Club, Sportsplex) • Land trusts(e.g.,TLC: Johnston Mill, Brumley Forest; Eno River Assoc.: Eno Confluence) • State Comprehensive Outdoor Rec Plan (SCORP) • NC Wildlife Action Plan The Provider will identify linkages, partnerships, and inter-relationships of the CRPMP to plans and facilities outside of the Orange County government system. The text will serve as an inventory and description of these relationships, setting the stage for subsequent sections in the CRPMP. 1 D. Economic, Health, and Environmental Impact of Parks and Recreation • Impact on public health • Environmental and Cultural resource issues The Provider will draft a concise passage discussing the impact of recreation on public health, drawing information from the 2011 Orange County Community Health Assessment. A passage on environmental issues will identify the importance of adhering to environmentally sensitive design and maintenance principles to protect/consider the following: 1. surface and ground water quality, 2. habitat connectivity, 3. native plant communities, 4. open space, and other environmental amenities. Further discussion will address the preservation, protection, and maintenance of historic structures and archaeological sites in the design, construction, and maintenance of Orange County parks. Contract Period: June 1, 2012 to December 31, 2012 Deliverables: Submit Invoice for Milestones Completion Dates Payment Submit draft of Sections A and B August 30, 2012 Submit draft of Sections C and D September 20, 2012 $750 Submit revised Sections A and B October 15, 2012 $750 Submit revised Sections C and D November 16, 2012 $700 Completion of all tasks December 15, 2012 2 [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 this02-3 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 perfonn 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 1 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. 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. ORAN e. PR© , ER ` � By: k / _ ,4.1- -ti i i i By: ) Co r Mana :'7 Title: s„ {ar'�tz,, 200 S. Cameron 4. David P.Welch P.O. Box 8181 20 East Drive Hillsborough,NC 27278 Chapel Hill,NC 27516 This instrument has b•-• proved as to technical content. '. P.David Stancil, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (a , jiL Office of the Finance Director This instrume3 has been approved as to form and legal sufficiency. Air • 'ice 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