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Home My WebLink About2017-038-E DEAPR - Fearnbach History Services, Inc. for National Register Nomination for the Historic Efland Home Property DocuSign Envelope ID: D06E82C3-FAA9-41 B3-B3B8-714BEBE7E61E [Departmental Use Only] TITLE National Register Report FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18th day of January, 2017, ("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 Fearnbach History Services, Inc. (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: Prepare a National Register Nomination Report for the Historic Efland Home property, 201 Redman Crossing, Efland,NC. The nomination shall be prepared in accordance with the requirements stipulated by the NC State Historic Preservation Office, as described in Attachment 1. The term of this agreement rendered shall be from January 18, 2017 to December 31, 2017. 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 Five Thousand Five Hundred, ($5,500.00). 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers'-Compensation Insurance, and any additional insurance as may Revised 6/16 1 DocuSign Envelope ID: D06E82C3-FAA9-41 B3-B3B8-714BEBE7E61E 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 consist of 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the 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. 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 of this Agreement 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the defmition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 Revised 6/16 2 DocuSign Envelope ID: D06E82C3-FAA9-41 B3-B3B8-714BEBE7E61E 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-6/16 3 DocuSign Envelope ID: D06E82C3-FAA9-41 B3-B3B8-714BEBE7E61E IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PRO 'III E1igned by: DocuSigned by: / 4/2017 A . c�. By f2OKAut, R-ctwtwlt,y'S By: Cdttuty '4.t 3r __:.r7... Title: PresMent c. 200 S. Cameron St. Fearnbach History Services, Inc. P.O.Box 8181 3334 Nottingham Road Hillsborough,NC 27278 Winston-Salem,NC 27104 Revised 6/16 4 DocuSign Envelope ID: D06E82C3-FAA9-41 B3-B3B8-714BEBE7E61E 1 Attachment 1: National Register Nomination for the Historic Efland Home Scope of Work and Payment Schedule Contract Purpose: The Provider will prepare a complete National Register Nomination for the Efland Home, also known as the NC Industrial Home for Colored Girls, located at 201 Redman Crossing, Efland, NC. The Provider will prepare both a draft and final Nomination in strict accordance with the guidelines and requirements for an individual property as detailed in "Practical Advice for Preparing National Register Nominations in North Carolina,"by the NC State Historic Preservation Office (SHPO), 2015 edition, and National Register Bulletin 16A and its supplements, by the National Park Service. The Provider will be responsible for all components of the National Register Nomination, including but not limited to: historical background research,the Registration Form, narrative description, narrative statement of significance, boundary description and justification, photographs and maps. All work shall be performed in accordance with federal and state National Register standards and under the supervision of the appropriate staff of the Survey and National Register Branch of the SHPO. Contract Period: January 12, 2017 to December 31, 2017, as follows: Submittal/task Completion Dates Payments Contract,Execution January 2017 $0 First draft nomination submitted to SHPO May 7, 2017 $4,500.00 Final draft nomination submitted to SHPO August 2, 2017 $1,000.00 Presentation at National Register Advisory October 12, 2017 $0 Committee meeting/SHPO Total of payments to Provider $5,500.00 DocuSign Envelope ID: D06E82C3-FAA9-41 B3-B3B8-714BEBE7E61E LIABILITY'AWFIliji CERTIFICATE OF el THIS CERTIFICATE IS ISSUED MATTER ATTER OF!NEON ,T1.ON ONLY CONFERS C RIGHTS UPON TIFIC I .HOLDER CERTIFICATE NOT AFFIRMATIVELY OR NEGATIVELY A END, EXTEND OR ALT MR THE COVERAGE AFFORDED SY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE E NOT DONS7MM A CONTRACT BETWEEN THE ISSUING SLI Sir AUTHOR= REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: I the cortitionto holder is en ADDITIONAL I". URED,the ( )must hove ADDITIONAL I UR ovi h or he endorsed: If SUBROGATION IS WAIVED,sued to twrnte end.=atom of the poky, In pcliides may require an endorsement A strement on this r<€r t_.does net confer ri, ..."to the nerligneht holder In Sea of Atith 14. ree I Coda cafrigart Srite ram? Mott Murphy MUNE 67 71 I_ 3367221017 4.i 0 C Club Rd rla.a a� rat_a l; lest IDTI Salem NC 271 _Ns sN ag.E xe_;Stale Eatno F end Casualty C. cy 1 28143 Seem Ristory Senrimm.Inc r 5334 Nottingham Rd a 13°faist n Salem C:271 : /MTN:R E: u COVERAGES CreRTIFICATE NUMBER: REVISION THIS 13 7'O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLY PERIOD INDICATED_ NOTWITHSTANDING ANY EEC:U ENT>TENN OR CONDlllON OF ANY CONTRACT OR OIHER 0000 Aa=NT MT RESPECT TO WeilEK THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAIN NE INSURANCE R NCE;AFFORDED BY THE POLICIES bEsoRiBED HERaN IS SUBJECT TO ALL TIE TERMS, EXCLUSIONS AND CON IONS OF SUCK POLICIES.LIMITS MIOVAI MAY HAVE BEEN RIEDUL-ED BY PAID CLAWS. VTR' roe OF I .. ,. : I R _ 8 es" 1.‘"4.1oommarcest nimbus.melon' i p,. i a ,E $ 1,000,0130 fl GlaMr.,,ETDMNTar--- 93-DE-X.872-7 08,112016 4 f1 12OIT GENI.AGGREGATE 11Tk J 1 S FEE: 1 GNM AGMI TD t Z.,LII fW D I ` I.3g I I= I s r xs 2 BORON) & _.. 1-1 -N AT. ,, I I AILITCNOCIMMM LINEINATM s I DCNIANt.D SIDE tier 9C s t4r-rf=duet E I ANY AUTCa 1 ROOMY WJDRY Iii ixarsual $ 1M.,INETIAtt ...ED reiode i ,rLtOS i" DiLY INJURY I i+ $ MPED E OTsO WED :Plie-WERTY DAMAGE $ AUTOS ONLY 1 AUTN.ONLY ',CRN ortheitYll I ENSEMELLALIAR c° $:z ' I EACH tCCINAME[ E a ,_ ,, 1'MD RETENTION T: St ANY P&r IT af17 ?i t KR 1 D714, I ARTNE't'vat -."J.'IIVE i' 1 Fffi�' is ; _L.l4 4A�ewr ...;::.sue..., s,D<z EPA .E{C UMD?. i iNamtINIA$a,«MIN I ILL DAMAGE-EF'ENTIADTTF$ t14 .d,x,,,:b.urrim D IPTION PERATI s MN f El-rnm -FOU IN NT =creme 1IONS/LOCATIONS I VEHICLES IaE R be EWA:MITA=ir. Additional hawed', Orange County Department of Enviroment Agriculture,Fars and a `on Pa Sax 81 i I-05170rough NC 2727,'x.-B18 CERTIFICATE HOLDER CANCELLATION. .. ............ .. OF THE ABOVE DESCRIBED POLICIES BE CAINCELLEDSORE EIAMTRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I ACC THE C a n , , -- PROVISIONS, andeaIion t �, PO Box SS r I Hithbcarru€gh N 27277#-8181 k s'� : =r " 1 1' 7 I .:-'' 01 S,::est....bor tORPORATION. AR rights ACORD 3 l P3 The ACORD name end logo me registered mar ACCIRD loolAss t x,4.i2 I-RHO 3