HomeMy WebLinkAbout2014-298 Planning - Tina Owen for transcription of minutes $85 per recorded hour [Departmental Use Only]
TITLE
FY
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 30th day of June, 2014, ("Effective Date") by
and between Orange County, North Carolina, a body politic and corporate organized under the laws O t i he
State of North Carolina, (the "County"), party of the first part; and Tina Owen (the "Provider"), party c t'the
second part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereh.
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 1,2014 to June 30,2015.
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, III
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 sha l I 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 satisfact vil\
performed in accord with this Agreement. The amount to be paid by the County shall not exceed t i v c
thousand dollars, ($5,000.00). Payment shall be made within thirty (30) days of an invoice prepo- �
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 ,itch
time as said work is completed.
2. Non-waiver: Failure by County at any time to require the performance by Provider of am
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 trcatecl
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: Provider shall obtain, at its sole expense, Commercial General Liab i l i t\
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as ma'.
be required by Owner's Risk Manager as such insurance requirements are described in the Orange Count}
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
Revised 9/13 1
incorporated herein by reference and may be viewed at http://orangecoun nc gov/purchasin contract;.,,,h I.
If Owner's Risk Manager determines additional insurance coverage is required such additional insurance
shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall
not commence work until such insurance is in effect and certification thereof has been received b,, the
Owner's Risk Manager.
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 or omission on the
part of the Provider.
6. Termination: This Agreement may be terminated at any time by mutual written agreeme n t o t
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 ol' its
terms, and further agree that it constitutes the complete and exclusive statement of the Agreement beta~cen
the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced
by telefacsimile signature.
8. Priori : In 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.
Governin Law. Both parties agree that this Agreement shall be governed by the laws �t the
9. � p g
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of i h is
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seate(i 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 la"s.
Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract
with a contractor unless the contractor and the contractor's subcontractors comply with the requirement, 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 constitutes Provi&r'-,
breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance as ith
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 statUtor\
mandate. In the event that public funds are unavailable and not appropriated for the performance of Courm IS
obligations under this Agreement, then this Agreement shall automatically expire without penalty to Count\
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13 2
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effect i e
as of the day first written above.
ORANGE COUNTY PRO R
By: y: 06t�
County Manager Title: MINUTES PREPARER
200 S. Cameron St. Tina Owen
P.O.Box 8181 510 Chivalry Drive
Hillsborough,NC 27278 Durham,NC 27703
This in Uument has been a roved as to technical content.
Craig N. enedict,Department Director
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 instrument h een approved as to form and legal sufficiency.
Of the County Attorney
Revised 9/13 3
AGREEMENT BETWEENf��� '
COUNTY OF ORANGE
and
TINA OWEN
NORTH CAROLINA
ORANGE COUNTY
This agreement made and entered into the 30th day of June, 2014 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, 2014 and shall continue through June 30,
2015.
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, 2014 through June 30, 2015.
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
Date:
ichael Talbert, County Manager
Dwr—) Date:
Tina Owe Contractor
Approved as to to nical cont nt:
Date• l l
raig N. nedict, AICP, \suff
Approved as to form and
Date:
John L. Roberts, County Attorney
This instrument has been pre-audited in the manner req 'red by the Local Governmeni
Budget and Fiscal Control Act.
�t
Date:
Clarence Grier, CPA, CITP
Assistant County Manager/CFO