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Home My WebLink About2015-474-E AMS - Statler Gilfillen for Arts Policy Research DocuSign Envelope ID: E332C792-DA82-4863-845F-68COAEOE8E13 [Departmental Use Only] TITLE Arts Policy Research FY 2016 ORANGE COUNTY CONTRACT UNDER $1,,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of August, 20115, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under tile laws of the State of North Carolina, (the "County"),, party of the first part, and Statler Giffillen (tile "Provider"), party of the second part; W I T N E S S E T H: For the purpose and Stlh�fect 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 ofthis Agreement, tirne being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished tinder this Agreement are as follows: policy research for Arts Display, pet-provided proposal of August 12,2015 The term of this agreement rendered shall be fi-orn August 12, 2015 to December 31, 2015, Provider represents and agrees that Provider is qualified to perform and fully capable of perforriting and providing the services required or necessary tinder this Agreement in a fully competent, professional and timely manner to tile 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 tile 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. Paymeric The County agrees to pay at the rates specified for Services, satisfactorily pet-formed in accord with this Agreement. The amount to be paid by the County shall not exceed six hundred sixty four dollar, ($664). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perforin its duties under the terinS 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 enforce the sarne, 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, 'file Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. 'File 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 tile Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Autoniobile 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 l0/14 1 DocuSign Envelope ID: E332C792-DA82-4863-845F-68COAEOE8E13 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at lit:H or�ngcccrrttrfymrr�mgc�v ll?tfr�ly�»rn� If Owner'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. Indemn : 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 tees) 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 termimted at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire A reement and Signatures; 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 telefiresimile 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 cornply with Article I IA and Article 40 of North Carolina General Statute Chapter tih. 8 Qovern n 1.aw 4n Pz.iorit; Both parties agree that this Agreement, shall be governed by 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 docurnents and the terius 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 the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Change County,North Carolina. ll. bicrnpriation: 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 cinder 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. ISIIGNATURE PAGE TO FOLLOW] Revised 14/14 2 DocuSign Envelope ID: E332C792-DA82-4863-845F-68COAEOE8E13 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER Fy;uSi gned by: DocuSigned by: By: ?71101. o� By: faf(.t,y �" Doctor Title:. 38B96946EF85487... 200 S. Cameron St. Statler Gilfallen P.Q. Box 8181 3302 St Mary's Road Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 10114 3 DocuSign Envelope ID: E332C792-DA82-4863-845F-68COAEOE8E13 Statler Giffillen Architect MBA 3302 St. Marys Road Hillsborough, NC 27278 www.GilfillenArchitect.Wordpress.com 919-732-6123 August 12, 20115 Mr. Jeff Thompson Asset Management Services Director Orange County Government P.O. Box 8181 Hillsborough, NC 27278 RE- Arts Policy Dear Mr. Thompson, This is a proposal to create an Arts Policy for Orange Coun!Y. This report will provide guidelines for a general arts policy, and a discussion related to commissions and sale of art derived from being displayed on County property, 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 $664.00 After providing you the policy report, should you determine you want additional work or for me to make a public presentations, the additional 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. Sincerely, Statler Gilfillen Jeff Thompson DocuSign Envelope ID: E332C792-DA82-4863-845F-68COAEOE8E13 GILFST1 OP ID: Cl CERTIFICATE, OF LIABILITY INSURANCE DATE(MMIDWYYYY) __.w..._.__ .. ............... P08112/20115 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 -certificate holder is an ADDITIONAL INSURED,the policy(les):must be endorsed, If SUBROGATION'IS WAIVED„subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such onclorsamentis). ...... PRODUCER CONTACT NAME Philie S.Wolf : The Insurance Center of Durham PHONE FAX 19,20 Front St,,Suite 710 1 Iy919-471-2641 No),;919-471-2132 E-MAIL L P.0.Box 15369 ADDRES&Phil@lnsurancecenterofdurhamcom Durham,NG 27704- ................. Philip S.Wolf INSURENS)Affopp!Nq C�VER E F�N N-C-0, 189 INSURER A:Auto-O'wners I nsuira nce Co, 8988 ..................... ------- INSURED StatlerW. GlIfililen& INSURER 8: Valeirija Gilfillen INSURER C: 3302 Saint Marys,Rd, Hillsborough, NC 27278-9726 INSURER 0: INSURER E:: INSURER F.: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: FIRS)IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 0-1-HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT-AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON Is SUBJECT TO ALL. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS S14OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' ............... —AffbUSUAR POLICYFFr- POLACYFXP LTR-L_ TYPE OF INSURANCE (MMIDUIYYYYJc LIMITS A X l COMMERCIAL GENERAL LIABILITY EACH OCCURR04CE $ 1,000,000 CLANS-MAOE I LX I OCCUR X -DWA6F10 t1C=FLY II 35447799 0811112015 0811112016 FR j,,311,5(Fa pswron-). 60,00( MFn EXP(Any me patson) 5,00( ------------- PER,"AL AOV INJURY $ Excludec GUNERAL AGGREGATE $k,N'I.Ar�C.,RFGATFI,lMfrAPPLIE�4P(iR: 2,000,00( POLICY P LOC HO. PRODUCTS-COMPAOP AGG 2,000,00C O I F R AUTOMOBILE UABJLITY COMIONEU SINGUi LIMIT (Ea ANY AUTO 0000�Y INJURY JPor peraonl ALL 01 IANIED SCIIEDOLE0 UTO 'D HOMLY INJURY(Per accident) $ A AUTOS NON-OVMEU P ofltffl-rf U ""�4 :.,AL 14 AUTdS Arno S IF LIMUR LLALI 8 CUR FA��H OCC,URR,E!4CE_ OC EXCESS LIAR —CLAIMS-MADE AG REGA'a," 4ETIENTION ............. ........... ........... I WORKERS COMPENSATION PER 1 OTH- I AND EMPLOYERS'LIABILITY STATUTE I_J_Eft_ ANY PROPRIETOR1PARrNERA-:XFCU7IVE I)(7FK,0tWEMtr3ER EXCLUDED? NJA� (Mandatory In NHI II rs de 0 d ' T-;ibe unGN OF OPERATIONS below .................................. $ OESCRIPTK)N OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Rornarlu;Schedule„may be attached 11 more space ts required) Management Consultant,Architect CERTIFICATE HOLDER CANCELLATION ORANO,16 SHOULD ANY OF THE 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 Hillsboirough,NC 27278 AUTHORIZE-0 REPRESENTA Philip S.Wolf .......................... @ 1988-2014 ACORD COR RATION. All!rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD