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HomeMy WebLinkAbout2015-637-E Co. Mgr. - Mark Murphy Federal inmate rate analysis DocuSign Envelope ID: DCE5D4CA-524A-46D3-9C58-C17359E86954 [Departmental Use Only] TITLE FY 2015-2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 21st day of December, 2015, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Mark J. Murphy(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: Cost analysis services as provided in Exhibit 1 to this Agreement. The term of this agreement rendered shall be as stated in Exhibit 1. 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 seven thousand dollars, ($7,000.00). 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 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 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 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: Insurance requirements waived. 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 Revised 12/15 1 DocuSign Envelope ID: DCE5D4CA-524A-46D3-9C58-C17359E86954 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 the performance of the terms of this Agreement. 6. Termination: This Agreement may be terminated by either party without cause upon seven (7) days' written notice to the other party. 7. Entire Agreement 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. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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 documents and the terms of this Agreement. 9. 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. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 12/15 2 DocuSign Envelope ID: DCE5D4CA-524A-46D3-9C58-C17359E86954 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER,Docusigned by: DocuSigned by: _ftp p1,',w''vtrLv, By: 1561A,lttt, tkA.wtwtt,V'Stt By: County g' 4B755E477 `--3936E80UC8984/4.. 200 S. Cameron St. Mark J. Murphy P.O. Box 8181 250 Union St., South Hillsborough,NC 27278 Concord,NC Revised 12/15 3 DocuSign Envelope ID: DCE5D4CA-524A-46D3-9C58-C17359E86954 Exhibit 1 to the Agreement Between Mark J. Murphy and Orange County I. Responsibility of Mark J, Murphy Mr. Murphy shall provide accounting services for the Orange County Sheriff's Office as requested by the Sheriff or the Deputy County Manager of Orange County. The primary intent of this agreement is for Mr. Murphy to complete and submit an eIGA rate request for fiscal year 2015 with the US Marshals Service on behalf of the Orange County Sheriff's Office. In support of the eIGA rate increase, Mr. Murphy will complete and document a cost study to determine costs per inmate for fiscal year 2015. It is anticipated that Mr. Murphy will begin this work after January 1, 2016 and will conclude work by February 28, 2016. Mr. Murphy shall make public contacts as necessary, exercise independence, and initiative while providing these services. II. Compensation Mr. Murphy shall receive $140 per hour for up to 50 hours of work. III. Term of agreement The Agreement shall begin December 21, 2015 agreement shall continue until March 31, 2016 or until one of the parties terminates the agreement provided funds are approved for the fiscal year. Either party may terminate the agreement without cause upon seven (7) days written notice.