Loading...
HomeMy WebLinkAbout2013-232 Planning - Tina Owen for Transcription of Meeting Minutes $85 per recorded hour [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 30th day of June, 2013, ("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 Tina Owen(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: See attached agreement The term of this agreement rendered shall be from July 1,2013 to June 30,2014. 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 five thousand dollars, ($5,000.00). 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. Indemni : 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. ORANGE iJ�V Y PROVIDER By: / By: J�ZA County Manag Title: M/n(uf�S Pk9pAjC 200 S. Cameron Tina Owen P.O. Box 8181 510 Chilvary Drive Hillsborough,NC 27278 Durham,NC 27703 This ' me s been appr ed as to technical c ntent. Craig X-Benedict,Pla g,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 9� P �&— Office of the Finance Director This in ru nt ha n pproved as to form and legal sufficiency. O e of the County Attorney Revised July 2010 2 AGREEMENT BETWEEN COUNTY OF ORANGE and TINA OWEN NORTH CAROLINA ORANGE COUNTY This agreement made and entered into the 301h day of June between the County of Orange, for its Planning and Inspections Department, hereinafter referred to as "Planning", and TINA OWEN, hereinafter referred to as "Contractor", for the preparation of minutes for meetings of the Orange County Planning Department. Terms of Agreement The Agreement shall commence on July 1, 2013 and shall continue through June 30, 2014. Planning Responsibilities 1. Planning will provide CD's and notes of the meetings for which minutes are to be prepared, to Contractor within one day following meeting. 2. Planning will make payment for services within 15 days of receipt of acceptable invoice. Contractor Responsibilities 1. Contractor will prepare minutes using MSWord, in a version that shall be compatible with that currently being used by Planning. Minutes shall be submitted on disk or electronically to cbenedict @orangecountync.gov (for Planning Department minutes). 2. Contractor will submit draft minutes of meetings to the Planning Director within five business days of meeting date. 3. In the event the Planning Director deems it necessary and upon notification by Planning, the Contractor will be required to attend meetings for the purpose of note taking in relation to the minutes for that meeting. Compensation for meeting attendance will be based upon the schedule listed under "Compensation". 4. Contractor shall submit a monthly itemized invoice for each meeting attended and each set of minutes completed to: Orange County Planning Director 131 W. Margaret Lane, Suite 201 P.O. Box 8181 Hillsborough, NC 27278 Compensation Minutes Preparation Contractor will be paid upon the basis of $85 per recorded hour of tape for the period July 1, 2013 through June 30, 2014. Meeting Attendance Contractor shall be paid upon the basis of $25.00 per hour of actual meeting time attended. Compensation under this contract is limited to $5000 per contract period. Contractor understands and agrees that the County may contract with one or more persons to prepare minutes and as such will endeavor to not assign minutes beyond the $5000 contract maximum. However, should Contractor find that the $5000 maximum will be exceeded within the then current body of work, Contractor shall immediately notify Planning so reassignment may be made. Independent Contractor The Contractor is an independent contractor and not an employee as defined in N.C.G.S. Section 97-2(2). The Contractor will therefore not be covered by worker's compensation insurance provided to Planning employees by Orange County. The Contractor understands that she is an independent contractor and agrees that no worker's compensation insurance coverage is provided through this agreement. Termination Either party may terminate this agreement upon 30 days written notice to the other party. Notice Notice is deemed to have been properly given when written notice is mailed or hand-delivered to: Orange County Planning & Inspections Department Contractor: Attn: Craig Benedict, Planning Director TINA OWEN 131 W. Margaret Lane, Suite 201 510 Chivalry Drive P.O. Box 8181 Durham, NC 27703 Hillsborough, NC 27278 Tel: (919) 817-9340 Tel: (919) 245-2575 C:�( Date: 7- Frank W. Clifton, Jr., Con y Manager Date: Tina Owen, Contractor Approv as to techni al content: Date: Crai . Benedict, AICP, P�lann_A Director Approved=­ __ficiency: _..._._ Date: n L. Roberts, County Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ya't_L_"' P JeL_ Date: Clarence Grier, CPA, CITP Assistant County Manager/CFO