Loading...
HomeMy WebLinkAbout2014-481 County Manager - Michael Talbert for consulting services $10,950 TEMPORARY EMPLOYMENT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into this 15��ay of & , 201+ by and between Orange County, North Carolina (the "County") party of the first part; and Michael Talbert (the "Provider"), party of the second part; to provide Temporary Employment Services as a Facilitator to the Solid Waste Advisory Group. 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 August 15, 2014 through February 28, 2015 and may be extended on a month by month basis for an additional six month upon written agreement signed by the Parties. 2. Payment. a. Compensation. The maximum amount to be paid by County for Basic Services and Reimbursable Expenses shall not exceed Ten Thousand Nine Hundred Fifty Dollars ($10,950). b. Payment for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The Provider shall be paid in accordance with the regularly scheduled Orange County Payroll System at a rate of Sixty- five Dollars ($65.00) per hour every two weeks, minus any state and federal employee wage deductions for up to 115 hours. No compensation shall be provided for County paid holidays. In order to be paid concurrently with Orange County payroll, Provider shall submit hours to the County Manager by email on Monday of the pay week to the Orange County Manager's Office addressed as follows bhammersleynoran e�yric.gov. All timesheets shall be approved by the County Manager or her designee,prior to submittal to the County. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services identified in Section 3 below unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. d. Reimbursable Expenses. In addition to Provider's Compensation for Basic Services, Provider shall be reimbursed for travel, meals and lodging (collectively referred to as "travel") costs directly related to performance of the Basic Services at the rate set by the Orange County Travel Policy. Travel reimbursement requests shall be submitted for approval to the County Manager or the County Manager's Designee for reimbursement. Travel reimbursement shall not exceed Two Thousand Five Hundred Dollars ($2,500). e. Invoices. Reimbursable expenses shall be compensated by the County along with invoices for Services provided by Provider. Payment of Reimbursable Expenses shall be subject to Provider's timely submission of valid receipts for any such expenses to the County Manager's Office and approval by the County. Any additional charges not specified herein, must be mutually agreed to in advance by County and Provider and documented in writing with a letter signed by authorized representatives for County and Provider and, subject to budgeted funds. 3. Basic Services. The Provider shall provide the following services: a. Serve as the Facilitator to the Solid Waste Advisory Group as provided in Exhibit A, Scope of Services which is attached and hereby incorporated by reference. b. Will work under the direction of and assignments will be provided by the County Manager or her designee. 4. Relationship of the Parties. The Provider shall be employed by the County as a temporary employee as provided in Article II, § 28-15 of the Orange County Code of Ordinances subject to all rights, privileges and benefits offered to a temporary employee under the Personnel Ordinance, except as herein provided. Provider acknowledges that he 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 he will receive any fringe benefits typical of a permanent employment with the County. 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 termination. a. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider Attention: County Manager Michael Talbert P.O. Box 8181 1183 rd Avenue Hillsborough,NC 27278 Hickory,North Carolina 28601 2 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, they 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 Solid Waste 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. 3 11. 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. 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(b) 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 constitutes Provider's breach 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. By execution of this Temporary Employment Services Agreement, the Parties acknowledge that they have had sufficient time to read the Agreement, and seek any legal counsel necessary to understand the terms and conditions of the Agreement and are now voluntarily entering into this Temporary Employment Services Agreement with the full knowledge of its terms and shall adhere to the terms and conditions of this agreement. ORANGE COUNTY PROVIDER By By Bonnie Hammersley, Coun&anager Miclia-etTalbert, Provid r This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Clarence G. Grier, Asst. County Manager/CFO App as f and legal sufficiency: Annette M. Moore, Stafj Attorney 4 ORANGE COUNTY,NORTH CAROLINA Exhibit A--SCOPE OF WORK 1. Scope of Work. a. Provider will convene and facilitate a series of 4-6 anticipated meetings with the Solid Waste Advisory Group ("SWAG"), to be comprised of the members identified by the Orange County Board of Commissioners at their June 17, 2014 regular meeting. b. Provider will review all relevant background materials provided by County Staff to County Commissioners ahead of the Assembly of Governments meeting scheduled for November 20, 2014 and attend the meeting. 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 carry out appropriate project management activities related to the timely development and presentation of any recommendations developed by the SWAG. d. Provider is retained as a Facilitator, and does not claim, specific subject matter expertise regarding solid waste. Provider will collaborate closely with Team members and, as appropriate, any other in-house County subject matter experts in preparation of the draft interlocal agreement. 5