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HomeMy WebLinkAbout2013-078 IT - David Mathias for Desktop Support and Upgrades $12,500 -7F [Departmental Use Only] TITLE Help Desk Suport FY 2013 NORTH CAROLINA TEMPORARY SERVICES AGREEMENT ORANGE COUNTY THIS AGREEMENT, is made and entered into this 6 day of March, 2013 by and between Orange County, North Carolina (the "County") party of the first part; and David M Mathias (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 services to the County in accordance with the terms of this Agreement. 1. TERM Beginning 03/01/2013 through such time as the County retains a full time Help Desk Analyst. In no event shall this Agreement extend more than 30 days beyond 06/01/2013 unless a written agreement modifying this Agreement is signed by both Parties as an amendment to this Agreement. 2. MAXIMUM AMOUNT PAYABLE The contract amount shall not exceed 12,500.00. 3. SERVICES Provider agrees to provide the following services: 1. General Help Desk Phone Support 2. Computer Imaging and Repair 3. One-hundred OS and MS Office Upgrades. 4. PAYMENT Provider shall submit an invoice for services provided on or within a reasonable amount of time after the last business day of each month of service. The invoice shall contain Provider's name and federal tax identification number and shall be signed and dated by the Provider or an officer or agent of Provider. It shall detail all services provided in payment requests along with detailed timekeeping of time spent in furtherance of the provision of services set out in this Agreement. The County will endeavor to make payments to Provider within fifteen (15) days of receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. 5. RELATIONSHIP OF PARTIES Provider is an independent contractor of the County. Provider represents that it has or will secure, at its own expense, all personnel required in performing the services under this Agreement. Such Revised July 2010 personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. It is further agreed that the Provider will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the services called for herein. Neither Provider nor any employee of the Provider shall be deemed an officer, employee or agent of the County. 6. WORKER'S COMPENSATION AND INSURANCE Provider acknowledges that it is an independent contractor of the County and as such Provider will 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. 7. TRAVEL/VEHICLE INSURANCE Provider acknowledges that this position will require some travel and understands that Provider will be responsible for such travel costs and will furnish his own vehicle. Provider represents that he has or will secure at a minimum and at his own expense, automobile insurance for his private vehicle with limits of no less than $500,000 for bodily injury, each incident, $250,000 each person, and $100,000 for property damage. 8. EXPENSE REIMBURSEMENT Any expenses shall not be reimbursed. 9. TERMINATION This Agreement may be terminated by Provider upon thirty (30) days' written notice to the County, and the County may terminate this agreement upon thirty (30) days' written notice to Provider. 10. INDEMNITY 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. 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. 11. 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 Revised April 2010 2 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. 12. RECORD AND/OR DOCUMENT RETENTION AND SECURITY 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, in the IT Operatons Maager's office in the West Campus Office Building. 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, hours and work tickets. 13. NONAPPROPRIATION Provider acknowledges that County is a governmental entity, and the contract validity 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 contract, then this contract shall automatically expire without penalty to County thirty (30) days after written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. 14. 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. 15. 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 telefacsimile signatures. 16. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Revised April 2010 3 ORANGE COUNTY, NORTH CAROLINA PROVIDER By B Frank Clifton, Mw46Kr David M M9thias 601 Orchard Place Hillsborough NC, 27278 (Mailing Address) A p ved s to echnical content: Intmati%Technologies, DepartmeAt Director This instrum t has been pre-audited in the manner required by the Local Government Budget and fiscal Control A t U)a" 7. *A,----— Office of the Finance Director Approv d legal sufficiency: I 7A;­__ 076 of the County Attorney Revised April 2010 4