HomeMy WebLinkAbout2013-110 Planning - Coleman, Gledhill, Hargrave & Merritt for Michael Buck appeal $20,000 aal3 - �!o
ORANGE COUNTY
CONTRACT UNDER $20,000
NORTH CAROLINA
THIS AGREEMENT made and entered into effective ( ("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"), and Coleman, Gledhill, Hargrave & Merritt,
P.C. (the"Provider");
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: Providing legal services to the Orange County
Planning Department regarding the Michael Buck appeal to the Orange County Board of
Adjustment related to the Churton Grove Planned Development Subdivision (formerly
"Scotswood Planned Development") (hereafter "the Subdivision") pursuant to the Class A
Special Use Permit pertaining to the Subdivision, which special use permit is recorded at Book
1709, Page 101, Orange County Registry. The legal services provided and to be provided include
appearances before the Orange County Board of Adjustment and legal work associated with any
appeal of a Planning Department or Zoning Officer decision to the Orange County Board of
Adjustment but DO NOT include litigation in the courts of North Carolina or the courts of the
United States.
The term of this agreement rendered shall be from March 1, 2013 through and including
conclusion of any and all proceedings before the Orange County Board of Adjustment.
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. PaMent: 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
twenty thousand dollars ($20,000). 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. Payments shall be made as
follows:
a. $225.00 per/hour for attorney services
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. 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.
6. 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 facsimile signature.
7. 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.
8. 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.
[SIGNATURE PAGE TO FOLLOW]
ORANGE COUNTY PROVIDER:
Fed Tax ID #
By: By:
Frank ifton, Ge frey E 1
County Manage oleman, led 11, Hargrave & Merritt, P.C.
200 S. Camer St. 129 E. Tryon Street
P.O. Box 8181 P.O. Drawer 1529
Hillsborough, NC 27278 Hillsborough, NC 27278
This instrument has been approved as to technical content.
Craig Be edict, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
T�� P,
Clarence G. Grier, Financial Services Director
This ins ment has been approved as to form and legal sufficiency.
Annette M. Moore, Staff Attorney