The URL can be used to link to this page

Home My WebLink About2015-473-E AMS - Statler Gilfillen for Tenancy Policy Research DocuSign Envelope ID:OB0004FA-A182-4D23-AAC9-C4A5A4ED4213 [Departmental Use Only) TITLE Tenancy Policy Research FY 2016 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of ALIgUst, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (tile "County"), party of the first part; and Staffer Gilfillen (tile "Provider"'), patty of the second part; W I T N E S S E TH: 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 tile ternis of this Agreement, time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Tenancy policy research, per provided proposal of August 12, 2015 The term of this agreement rendered shall be from August 12, 2015 to December 31, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of'performing and providing the services required or necessary Linder this Agreement in a fully competent, protlessional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, ill 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 Payrnen : The County agrees to pay at tile rates specified for Set-vices satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed four hundred ninety eight dollars, ($498). 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. Nogg 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 field 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 contractor, 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 tile 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 oil behalf of'the Provider or the employees of the Provider, 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 10/14 1 DocuSign Envelope ID:OB0004FA-A182-4D23-AAC9-C4A5A4ED4213 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at h1tp rar yuc--zo contract---. laccoull hasin Wcontracts,asp), IfOwner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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 by 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 attorricy'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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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, L,n,Ci Le—A cerru q t and Signatures: 'File 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 tile parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically, All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. & Go - Y.el.. 11nd Pripri 1Y- Both parties agree that this Agreement shall be governed by L the laws of the State of North Carolina. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced d0CLMlCntS and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either party initiate litigation to settle any dispute involving tile terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 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. ISIGNATURE PAGE TO FOLLOW] Revised 101➢4 DocuSign Envelope ID:OB0004FA-A182-4D23-AAC9-C4A5A4ED4213 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. QRAI"+TC9 01JNTY PROV oERigned by: 13y: 7lro�.p3o� By: I—Sfd �M�,lt,In, ep�`'h�tF Ctor Title: 38B96946EF85487... 200 S. Cameron.St. Statler Glflllen P.O. Box 8181 3302 St Mary's Road Hillsborough,NC 27278 Hillsborough,NC 27278 i i Revised 10114 �J 3' 1W Rk DocuSign Envelope ID:OB0004FA-A182-4D23-AAC9-C4A5A4ED4213 Statler Gilfillen Architect MBA 3302 St, Marys Road Hillsborough, INC 27278 www.GilfillenArchitect,Wordpress.com 919-732-6123 August 12, 2015 Mr. Jeff Thompson Asset Management Services Director Orange County Government P.O. Box 8181 Hillsborough, NC 27278 RE: Arts Policy Dear Mir. Thompson, This proposal is to create a Policy for Leasing or renting excess County real-estate to either a for-profit or non-profit organization. Should there be legal questions regarding NC statues and Orange County, I have assumed that I will have access, to call the Orange County Attorney. This report will be provided ready for you to prepare a final edited policy statement ready for Orange County approvals or use by committee. COST The cost of this study will be $498.00 After providing you the policy report, should you determine you want additional work or for me to make a public presentations, the addltional costs would be would billed at an hourly rate of $83.00 per hour plus mileage and direct costs. Please provide me with a signed copy of this proposal. c re I Y, e Statler Giffillen Jeff Thompson DocuSign Envelope ID:OB0004FA-A182-4D23-AAC9-C4A5A4ED4213 GiLFSTI OP ID: C1 EJM CERTIFICATE OF LIABILITY INSURANCE C 08/ 5 1MJDDN101 ........... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pci roust be endorsed, 4 SUBROGATION IS WAIVED,subject to the terms and conditions of tile policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In flou of such enclorsement(s). PRODUCER CONTACT Ii S.Wolf The insurance Center of Durham P'h'rrrrrrr'P- .............. ------- 1920 Front SL,Suite 710 CA Exq�gjp-471-2541 FAX No:919-4 1-2132 P.O.Box 15369 N'�AIL AD DR S Phfl insurancecenterol'durharn.corn Durham,NC 27704- Philip S.Wolf RAGE INSURER AAuto-Owners;Insurance Co. 18988 -—----------- -7 INSURED StatIerW,GlifilIen& INSURER 6: Valerija Gilfillen INSURER C 3302 Saint Marys Rd. Hillsborough, NC 27278-9726 .!NSL)RE.RD_:_, JiIiISUR R,E: ................. IN�SURERE_:. COVERAGES CERTIFICATE NUMBER. REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUCI)TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDtTiONS OF SUCI I POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A135 �9M-. .....1 .1 - I POLICYEFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER: IMMi!2ofyY_yy1 LIMITS COMMERCIAL GENERAL I.JABILITY EACH OCCURRENCE $ 1,00,0,00( CLAWS-MADE �A OCCUR X T544774I11 0811112016 0811112016 $ 60,00( ....... MEn EXP(Arry one pimsen) $ 6,00( ............... PERSONAL&AOV INJURY Excludec (3EW,AGGRFGATF LIMIT APPLIES PER: GENEHAI,.AGGREGATE 2,000,00C I RD. X JLCT loc PRODUCTS POLICY P 2,000,00C OTHER AUrOMOBILEAJAWLITY COMBINED SINGLE LIMIT (Fa actideo) ANY AUTO ROOMY INJURY(Per pwaon) At L OWNED SCHLOAX11) 80MLY INJURY(Pair arcklerd) ARDS AnTO$ ITIRED AUTA NONDWN D id AO 0, UMBRELLA IJAH: OCCUR EACH OCCURRENCE. EXCESS LIAR CLAWS-MADE AGO,r EGAIE $ _ rat 17 RETENTION$ WORKE4M COMPENSATION TH- M D CM P EILITY YIN T o Y ROPRIETORIPARTNERIEXIECU Di [- -F'-L"AHACq!PFe FIEWMEMBER EXCA, N I A analory�n NH) E.I[_DISEASE-:.EA T]IM $ 11 Ps'de-c be undef Ps OF OPERATIONS Wee, E,L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,AddMonal:Rari Schei may be attached If more space Is required) Management Consultant,Architect CERTIFICATE HOLDER CANCELLATION ORAN016 SHOULD ANY OF T14E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS, P 0 Box 8181 Hillsborough,INC 27278 AUTHORIZED REPRESENTA Philip S.Wolf D COR R Oc 1988-2014 ACOR!IATiON. Ali rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD