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HomeMy WebLinkAbout2014-260 Housing - Tara Fikes for consultation services for Dept. of Housing, Human Rights and Community Development $31,200 �ousi�5' TEMPORARY EMPLOYMENT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into this _1st_, day of —May_, 2014_ by and between Orange County, North Carolina (the "County") party of the first part; and Tara L. Fikes (the "Provider"), party of the second part; to provide Temporary Employment Services as the Housing, Human Rights and Community Development Consultation. 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 of Agreement. The term of this Agreement shall be from May 1, 2014 through September 30, 2014 and may be extended for an additional one month at the discretion of the County Manager. In no event shall this Agreement extend beyond September 30, 2014; unless there is a writing modifying this Agreement signed by both Parties as an amendment to this Agreement. 2. Payment. a. The Provider shall be paid as a temporary employee under and in accordance with the regularly scheduled Orange County Payroll System. Provider shall receive payment at a rate of Sixty ($60.00) Dollars per hour every two weeks, minus any state and federal employee wage deductions. The maximum amount payable under the terms of this Agreement shall be Thirty-One Thousand Two Hundred dollars ($31,200). This payment shall not exclude County paid holidays. 3. Scope of Services. The Provider shall provide the following services: a. Serve as the Consultant to the Department of Housing, Human Rights and Community Development. Will do special projects for the Department working in consultation with Interim Department Director and Staff. b. Will work under the direction of and assignments will be provided by the Assistant County Manager/CFO. 4. Relationship of the Parties. The Provider shall be employed by the County as a temporary employee as provided in Article I, Section 4.38 of the Orange County Personnel Ordinance subject to all subject to all rights, privileges and benefits offered to a temporary employee under the Personnel Ordinance, except as herein provided. Provider acknowledges that she is a temporary employee and no representations have been made that Provider shall be appointed or employed in a permanent position with the County; or that she will receive any fringe benefits typical of a permanent employment with the County. Provider also acknowledges and agrees that she will receive no fringe benefits. 5. Cancellation. The Provider is an at-will employee and this Agreement may be cancelled by the County or Provider upon fourteen (14) days written notice of cancellation or upon employment of a permanent Housing, Human Rights and Community Development Director. 6. Release. 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. 7. 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 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. 8. Records 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. 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, in the Housing, Human Rights and Community Development Department. 9. 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. 10. 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 facsimile signatures. 2 11. Governing Law. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and venue shall be Orange County. The terms and condition of this Temporary Employment Services Agreement is understood and the signatures indicate that Parties understand and shall adhere to the terms of this agreement. ORANGE COUN Y ORT CA LI PROVIDER s f By By ch el Tal ert, I erim County Manager ara L ikes, Provider Date Date App o 7d legal sufficiency: An tte M. oore, Stal Attorney This instrument has been pre-audited in the manner required by the Local Government Bud et and Fiscal C ntrol Act. Clarence G. Grier, Asst. County Manager/CFO 3