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HomeMy WebLinkAbout2014-315 Co. Manager - Visser Project Mgmt. Consulting Services for Phase III Strategic Comm. Plan Development $13,800 7`_"' 7 7 C�- IDepartmental Use Only) TITLE FY ORANGE COUNTY CONTRACT UNDER$20,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this I7`h day of June,2014, ("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 Visser Project Management Consulting Services(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: As described in Attachment l—Scope of Work. The term of this agreement rendered shall be from June 17,2014 to November 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 Twenty Thousand Dollars, ($20,000.00). 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 enfore a 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 shat 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,ncr payroll tax of and-kind shall be withheld or paid by the County on behalf of the Provider or the employees o f the Provider. 4. Insurance: ;—Eomrnereial°-Cieneral--LiabEity- .. mpensafion_Insurance,--an&any additional--in> y-airee as-may t 1-eqtlifeei ar ow;;m's R-sk'Aanagef-as-sum-insurance-requirements--are-deser+bed in the 3range County- rage--P�ecireats-(cash,document-is j` ReNisej3'!3 advFei 'f'F€fer°ewe• ld3$38nal-i 1 1 Shall cunsist of (if no additional in being not appli .%e Pro-Vider 8-11all- Mana-,er- 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 ar omission on the part of the Provider. 6. Termination:This Agreement may be terminated at any time by mutual wi itten 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. Priori : Ili determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Goveming 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(6) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes corstitutes Provider's breath of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina.General Statutes. 10. 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. [SIGNATURE PAGE TO FOLLOW] Revised 9113 IN WITNESS WHEREOF,Orange Comity and the.Provider have signed this Agreement,effective as of the day first written above. ORAN C T PROVIDER 4ty g Rod Visser This i strument b approved as to technical content. Cheryl Your ssis t CounrMager This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This z0fe t has been approved as to form and legal sufficiency. o orney Re vised 9/13 ORANGE COUNTY; NORTH CAROLINA ATTACHMENT 1 -SCOPE OF WORK Phase III—Strategic Communications Plan Development 1. Scope of Work. a. Provider will convene and facilitate a series of 6-8 anticipated meetings; with the County's designated Communications Team, to be comprised of the Assistant County Manager, departmental representatives selected by the County Manager, and two County Commissioners designated by the Board of County Commissioners. b. Provider will review all relevant background materials provided by County Staff to County Commissioners ahead of two Commissioner regular meetings and two work sessions at which the Strategic Communications Plan topic will be docketed for the Board's deliberation (for initial planning purposes, but subject to change, these meetings are slated for the June 17, 2014 and November 6, 2014 regular meetings, and the September 11, 2014 and October 14, 2014 work sessions). C. In collaboration with the Team, Provider will schedule meetings, prepare meeting agendas, prepare and circulate concise meeting summaries and follow up task assignments, and cant' out appropriate project management activities related to the timely development and presentation of the Plan. d. Depending on process decisions reached by the Team, Provider will write, compile, and/or edit versions of a draft Plan and finalize materials for submission to the County Manager and staff for incorporation into appropriate Commissioner agenda packets. e. Provider will moderate the Team's discussion about how to flesh out the draft Plan outline that was reviewed during Phase 11 of the Strategic Communications Plan project. Provider will also ensure that the Team considers the elements docurrented in the "Issues for Future Consideration" list that was compiled from feedback gleaned during the interview process in Phase 11. f. The number, scope, and timing of any additional meetings will be based on consultation with the Team regarding what may be necessary and desirable to produce a quality product. Meetings may be added or cancelled based on decisions reached by the Team regarding the need (or lack thereof) for additional Team meeting time to develop a recommended Plan for review and approval by the full Board of Commissioners. g. Provider is not retained for, and does not claim, specific subject matter expertise regarding strategic communications plans. Provider will, however, collaborate closely with Team members and, as appropriate, any other in-house County subject matter experts, in preparation of the draft Plan. h. In the interests of achieving a timely and relatively narrow scope of work, Provider and the Team explicitly plan not to confer with outside subject matter experts; not to conduct any additional research and analysis of other jurisdictions' strategic communications plans; and not to engage in detailed, formal discussion of the draft Plan with third parties prior to its presentation to the Board of Commissioners; unless the desirability of doing so becomes apparent to the Team during the Plan development process. That notwithstanding, it is the intention to provide an opportunity for courtesy review of and comment about the draft Plan to all County department heads prior to presentation to the Board. The Team may consider extending courtesy review opportunities to other potential interested parties to the extent that can be accomplished in a way that does not jeopardize the timeliness of the draft Plan presentation to the Board i. Provider efforts are intended to be limited to 115 hours or less for Phase III. No work will be conducted beyond 130 hours without mutual written agreement between Provider and the County Manager_ 2. Compensation. County will pay Provider at a rate of$120.00 per hour for services rendered up to 115 hours, plus mileage at the prevailing Internal Revenue Service (IRS) rate and reasonable reimbursable expenses, if any. Provider shall not bill for any work performed beyond 115 hours and up to 130 hours. The total amount payable for services rendered up to 130 hours shall not exceed thirteen thousand eight hundred dollars ($13,800), plus mileage and expenses. Should Provider reach and exceed 130 hours, the County Manager may authorize continued work at the rate of$120.00 per hour up to the maximum amount payable as defined in Paragraph 1 of the Agreement. 3. Payments. Payment will be made at the end of each month, and at completion of the :scope of work, to Provider within 30 days of receipt of an invoice and supporting activity log submitted by Provider to designated County Staff liaison detailing work accomplished each month. 4. Logistics. a. County Staff will assist Provider in arranging and setting up meeting space as necessary b. County will provide appropriate work space and technological support in County facilities as needed for Provider to conduct meetings, report drafting, and other project related services as necessary. 6. Liaisons. a. Assistant County Manager Cheryl Young shall serve as County's liaison for issues concerning work under this Agreement. b. Rod Visser shall serve as Provider. Rod Visser Orange County Board of Commissioners Principal 200 South Cameron Street Visser Project Management Post Office Box 8181 Consulting Services Hillsborough, NC 27278 104 Sturbridge Lane (919)245-2300 Chapel Hill, NC 27516 (919) 929-9516 rocket121856 pggmail.com