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HomeMy WebLinkAbout2016-246-E DEAPR - Stephen H. J. Rankin - historical research for Historic Resources Publication project DocuSign Envelope ID: 5477C56C-6943-4CF5-9775-A49D31 BD10FE [Departmental Use Only] TITLE Research for Book Proj FY 2015-16 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 6h day of May, 2016, (`Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Stephen J. H. Rankin(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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide 32 hours of documentary historical research services for the Historic Resources Publication Project, to generate background historical and context information as detailed in Attachment 1: Scope of Work for Historical Research Contract. The term of this agreement rendered shall be from May 15, 2016 to August 31,2016. 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 Nine Hundred Dollars, ($900). 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 1/16 1 DocuSign Envelope ID: 5477C56C-6943-4CF5-9775-A49D31 BD10FE be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (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 County'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 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. County may suspend this Agreement upon reasonable notice to Provider. 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. 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 1 IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. 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 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. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 2 DocuSign Envelope ID: 5477C56C-6943-4CF5-9775-A49D31 BD10FE IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By. FoWt, SfaAA 5/10/2016 By �� 5/10/2016 D a atDDivwctor Title. 6B2D73E71FAB4EB... 200 S. Cameron St. Stephen J.H.Rankin P.O. Box 8181 136 Nat Villines Road Hillsborough,NC 27278 Hurdle Mills,NC 27541 Revised 1/16 3 DocuSign Envelope ID: 5477C56C-6943-4CF5-9775-A49D31 BD10FE Attachment 1 Scope of Work for Historical Research Contract Project Description: The Researcher will conduct documentary historical research to generate background and context information for selected historic properties and other historic resources in Orange County. This work is required to provide additional research material to be used to generate the text for the planned publication about Orange County's historic resources. Work will include examining relevant primary and secondary historical source materials in order to gather and compile detailed historical information about properties, persons, events, industries, and agricultural practices including slavery. A list of subject properties and research topics will be developed jointly by the Contractor and the Cultural Resources Coordinator. The Researcher will provide a total of 32 hours of professional research on the selected topics. The DEAPR Cultural Resources Coordinator will provide either hard copies or scans of all existing available documentation for each property or topic to be researched in advance. Documentary Research Sources to be used by the Contractor The Contractor shall utilize appropriate research source materials resources, such as: • Orange County deeds, wills and court records, and other relevant official County records • Census records of all types including Population,Agricultural, Manufacturing and Slave • Historic newspapers including microfilm, digitized, and those available through Newspapers.com • Historic maps • Regional archival collections, such as the State Archives, the North Carolina Collection (UNC) and the Southern Historical Collection (UNC) • Cemetery records and Genealogical records including Ancestry and Cemetery Census • Directories such as Branson's North Carolina Business Directories. • Orange County Ag Extension Records (available through Orange County DEAPR • All relevant secondary sources (books, periodicals, etc.)as needed Final products: • Notes and/or summaries of findings in digital format, as Word documents or pdf files. • Photocopies or scans of key documents for each property or topic • Bibliography of sources consulted Schedule: The Researcher shall provide final products for all research on the selected topics by no - later than August 31, 2016. Payment: The Researcher may submit invoices for payment on a progress basis, as research results are submitted and approved by the DEAPR Cultural Resources Coordinator.