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HomeMy WebLinkAbout2017-129-E DEAPR - Todd W. Christensen to prepare written text, related narratives for history wall at CGCC DocuSign Envelope ID:8A9250C3-1D27-4BE6-8313-3BDC6F1DEE89 [Departmental Use Only] TITLE Cedar Grove Exhibit FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of April, 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 Todd W. Christensen(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 written text and related narratives for the History Wall exhibit at the Cedar Grove Community Center. Work will include: evaluating existing research, images and artifacts; make recommendations for themes and topics; provide rough and final drafts for written text for major themes and lower-level text including image and artifact captions/labels; and participate and assist in text review process with local community stakeholders, the County and exhibit designers. Work to be accomplished is described in the attached scope of work(Attachment 1). The term of this agreement rendered shall be from April 5, 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 Two Thousand Three Hundred Fifty Dollars, ($2,350.00). 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. Revised 2/17 1 DocuSign Envelope ID:8A9250C3-1D27-4BE6-8313-3BDC6F1DEE89 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 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 attorneys 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 terns, 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 consent of the Parties to utilize electronic signatures and 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.). 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 definition 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. Revised 2/17 2 DocuSign Envelope ID:8A9250C3-1D27-4BE6-8313-3BDC6F1DEE89 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 2/17 3 DocuSign Envelope ID:8A9250C3-1D27-4BE6-8313-3BDC6F1DEE89 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER ,¢DocuSigned by: e.—DDoccuSigneed�byy:_ L d By: f'bin,ln,lt, hA10 17 By: I o0�� Uu sf. w� 2017 "' =��r- Title:`---CE5F6E67E050410... 200 S. Cameron St. Todd W. Christensen, P.O. Box 8181 2752 Campus Walk Ave. Apt. 30G Hillsborough,NC 27278 Durham,NC 27705 Revised 2/17 4 DocuSign Envelope ID:8A9250C3-1D27-4BE6-8313-3BDC6F1DEE89 Attachment 1 Scope of Work for Writing Text for History Wall Exhibit at Cedar Grove Community Center Project scope: consultant/historian will prepare written text and related narratives for the History Wall exhibit at the Cedar Grove Community Center to depict the story of the historic Cedar Grove Negro School as well as the people that made it such an important institution. Consultant/historian will: evaluate existing research, images and artifacts to determine suitability for permanent exhibit; make recommendations for themes and topics to be covered by the exhibit; provide additional research as required for selected topics; provide draft written text for major themes and lower-level text including image and artifact captions/labels; assist in text review process with local community stakeholders, County and exhibit designer; revise and edit text as required; and assist in exhibit script/text development process with exhibit designer to ensure the proposed text, captions and labels will be of appropriate style and word count to fit into available space for such text. Project work will consist of the following major items: Primary Tasks: 1. Evaluate/assess existing available resources (to be provided by County in digital formats and photos of artifacts) a) Research findings, including scans of old school board minutes, newspaper articles, and related documents. b) Potential exhibit materials, including photos, documentary research items, and any available oral histories c) Identify/recommend any additional key areas for additional research (who does research TBD) d) Recommend any additional oral history interviews 2. Develop draft outline to present recommendations for overall exhibit themes and topics with suggested content a) Suggest four or five themes (maximum number given the space on the proposed exhibit wall) b) Review draft outline with members of community group that operates programs at the school c) Incorporate input from community group into a revised draft outline of themes and content d) Get group buy-in for final draft of themes and content 3. Prepare draft proposed text for each main theme and a general timeline;follow guidelines from exhibit designer as to length/word count(approx. 200-300 words); all text to be reviewed and approved by community stakeholders and County. a) Review draft text for themes and timeline with community, County and exhibit designer b) Make revisions/edit text as needed in response to review comments 4. Select proposed images and/or artifacts that illustrate themes and content a) Review selections with community group, County and exhibit designer b) Revise image/artifact selection if needed,then prepare final list of images and artifacts DocuSign Envelope ID:8A9250C3-1D27-4BE6-8313-3BDC6F1DEE89 5. Draft text for labels for images,artifacts and other supplemental text; confirm sources/credits a) Revise/edit draft text as needed b) Prepare final text for review by community group, County and exhibit designer 6. Ideas/concepts for exhibit suggested by community stakeholders: • Timeline showing history of old Cedar Grove Negro School, starting with evolution of small one- room schools in area, moving forward through history of building school, up to present day use as the new community center • the context of the old school system and the many one room and two room schools that served the community;the educational history of those facilities • the story of how the Cedar Grove Negro School came into being; the tireless work by local African American community leaders over 15 years to get their new school; the Vincent family who sold the land for the school; and the work of principals and teachers who made the new school a great success • the larger story of the African American community that lived and farmed the land in the Cedar Grove Township—a community of prosperous farmers descended from slaves-holding township during the antebellum period;this theme could include farm life/work on the farm; work at home; churches and their central role for community; country stores • School life for children and teachers/principals • Last years of school operation/civil rights era/desegregation/eventual closing of school in 1969.