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HomeMy WebLinkAbout2017-563-E Interlocal Agreement to Provide Roadside Graphic Services to Orange County via Durham County Sign Shop DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE NORTH CAROLINA DURHAM COUNTY INTERLOCAL COOPERATION AGREEMENT AMENDMENT THIS INTERLOCAL COOPERATION AGREEMENT AMENDMENT is made and entered into this 11th day of September, 2017 by and between the COUNTY OF DURHAM, a political subdivision of the State of North Carolina(hereinafter referred to as "County") and ORANGE COUNTY a political subdivision of the State of North Carolina. WITNESSETH: THAT WHEREAS, County and Orange County entered into a contract dated April 21, 2017, for the purpose of allowing Durham County,through its General Services Department to provide road sign graphic services as necessary to maintain road side designation for Orange County until such time as Orange County constructs their sign shop pursuant to the terms of the original Agreement; and WHEREAS, County and Orange County desire to amend the Original Interlocal Cooperation Agreement, while keeping in effect all terms and conditions of the Original Interlocal Cooperation Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Interlocal Cooperation Agreement as follows: 1. The Term of the Original Interlocal Cooperation Agreement is hereby amended to include all of Fiscal Year 2017-2018. 2. By execution hereof,the person signing for Orange County below certifies that he/she has read this Interlocal Cooperation Agreement Amendment and that he/she is duly authorized to execute this contract on behalf of the Orange County. 3. Except for the changes made herein,the Original Interlocal Cooperation Agreement shall remain in full force and effect to the extent not inconsistent with this Amendment. In the event that there is a conflict between the Original Interlocal Cooperation Agreement and this Amendment, this Amendment shall control. IN WITNESS WHEREOF, the parties have expressed their agreement to these terms by causing this Interlocal Cooperation Agreement Amendment to be executed by their duly authorized officer or agent. This Interlocal Cooperation Agreement Amendment shall be effective as of the date herein first above written. DURHAM COUNTY ORANGE COUNTY ;'---DocuSigned by: - DocuSigned by: B L: LAi , LL (/l., Vaam'S B :601A,n it. kuuxwkt V S W 6.1P , ,-,7€0,ANIS B0"-NE,1B9I3z51Ik IMERSLEY COUNTY MANAGER COUNTY MANAGER AquTfiS+F: T OT kititat, parts—tv�al&S —_ MMU01,4E PARKER-EVANS Liag.9.,.CANT COUNTY CLERK DEPUTY COUNTY CLERK FY2018 Page 1 of 1 DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE Attached for Reference: Initial Orange County Interlocal Agreement Dated 04/21/2017 DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE North Carolina Durham County CE TIFICATI 4 N V. Michelle Parker-Evans, the duly appointed and qualified Clerk of the Durham County Board of County Commissioners, do hereby certify that the foregoing is a true and correct copy of: Board of County commissioners approved the attached Interlocal agreement between Durham County and Orange County. The purpose se of the Interlocal Agreement was to allow Durham County, through its General Services Department, to assist Orange County in providing road signage graphic services as necessary to maintain road side designation for Orange County until sign such time as Orange County constructed their si shop IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of Durham County, this 8th day of August,2016. 'Or* V, Min LEE PAR.K.ER••EV, NS C uray Clerk the Board of County Commissioners 04 I III HHH DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE T 14 Tr OF IMOR P"H CARO I I , P'P)PPIIN ,' OF DUIll HAM Interlocal Cooperation Agreement Between The COUNTY OF and ORANGE COUNTY This is an Interlocal Cooperation Agreement {hereinafter "Agreement") entered into t h i s 215 t day o f April, 20 1 7 b y and between County of Durham, a political subdivision of the State of North Carolina, (hereinafter "County") and Orange County, a political subdivision of the State of North Carolina. This Agreement is made pursuant to Article 20 of Chapter 160A of the North Carolina General Statutes. For and in consideration of mutual covenants contained herein and the mutual benefits to result therefore,the parties hereby agree as follows: SECTION 1. CREATION AND PURPOSE The purpose of this Agreement is to allow Durham County, through its General Services Department to provide road sign graphic services as necessary to maintain road side designation for Orange County until such time as Orange County constructs their sign shop pursuant to the terms of this Agreement. SECTION 2.COMPENSATION Durham County shall receive from Orange County full compensation for the provision of Services not to exceed $25,000.00, in accordance with this Agreement and Attachment 1; (routine and special services and rates). The County shall submit an itemized invoice to DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE Orange County by the end of the month during which Services are performed. Payment will be processed promptly upon receipt and approval of the invoice by Orange County. It is the responsibility of Orange County to track cost as to not exceed $25,000.00. SECTION 3. TERM This Agreement shall begin February 9, 2017 and shall continue until June 30, 2017, when it may be renewed for five successive fiscal year terms by written agreement between Durham County and Orange County. SECTION 4.TERMINATION Either party may terminate this Agreement by giving at least sixty (60) days prior written notice to the other party. SECTION 5.AMENDMENTS This Agreement may be amended by both parties in writing. SECTION 6.APPOINTMENT OF PERSONNEL Except to the extent provided otherwise in this Agreement, it is agreed that the County's General Services Director shall designate persons to carry out the County's obligation under this Agreement, and that Orange County shall designate persons to carry out Orange County's obligations under this Agreement. SECTION 7.NOTICE All notices which may be required by this Agreement or any rule of law shall be effective when received by certified mail sent to the following addresses: COUNTY COUNTY OF ORANGE ATTN: GENERAL SERVICES ATTN: ELIZABE YOUNG 310 S.DILL ' STREET PO BOX 8181 DURHAM,NORTH C OLINA 27701 HILLSBOROUGH,NORTH C 'OL1NA 27278 DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE SECTION . I 0E, I FICATION The parties agree to each be solely responsible for their own acts or omissions in the performance of each of their respective duties hereunder, and shall be financially and legally responsible for all liabilities, costs, damages, losses and expenses resulting from, attributable to any and all of their individual acts or omissions. No party shall have any obligation to indemnify the other, and/or its agents, employees and representatives. SECTION 9. I' DIVEST I NT ACT CERTIFICATION (Applicable only to contracts/agreements valued at $1,000.00 or more). Both parties by signing/executing this Agreement certifies that as of the date of this contract the parties are not on the Final Divestment List as created by the State Treasurer pursuant to North Carolina General Statute 147-86.58 and in compliance with the requirements of the Iran Divestment Act and North Carolina General Statute 147-86.59. Neither parties shall utilize in the performance of this contract any subcontractor that is identified on the Final Divestment List. SECTION 10.DISPUTE RESOLUTION PROCEDURE To prevent disputes and litigation, it is agreed by the parties that any claim or dispute between the parties arising from this Agreement or the services and/or materials being provided under the terms of this Agreement shall be sent to the Durham County Manager who shall appoint a qualified mediator to address the issue,with Orange County's acceptance and approval. Such request shall be submitted to the County Manager in writing within ten (10) days of the claim or dispute. Upon receipt of a timely written claim,the Manager, or his designee, shall notify the Mediator who will conduct a mediation and notify Orange County in writing of the decision within forty five (45) calendar days from the date of the submission of the claim or dispute, unless the Mediator requires additional time to gather information or allow the parties to provide additional information. The Mediator's orders,decisions and decrees shall be non-binding. Mediation,pursuant to this provision, shall be a pre-condition to initiating litigation concerning the dispute. During the pendency of any dispute and after a determination thereof,the parties to the dispute shall act in good faith to mitigate any potential damages including utilization of schedule changes and DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE alternate means of providing the services and/or materials. The costs of the mediation shall be divided equally between the parties to the dispute. The mediation session shall be private and shall be held in Durham County,North Carolina. Mediation under this provision shall not be the cause for a delay of services and/or materials being provided which is the focus of the dispute. If the disputed issue cannot be resolved in mediation or either party disagrees with the results of the mediation, the parties may seek resolution in the General Court of Justice in the County of Durham and the State of North Carolina. If a party fails to comply in strict accordance with the requirements of this provision,the non-complying party specifically waives all of its rights provided hereunder, including its rights and remedies under State law. SECTION 11.GOVERNING LAW This Interlocal Agreement shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this agreement shall be brought in the General County of Justice in the County of Durham and the State of North Carolina. SECTION 12.ENTIRE AGREEMENT This Agreement shall constitute the entire understanding between the Counties respect to production of road signs and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties. SECTION 13.HEADINGS The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Agreement shall be deemed to have been drafted by both parties and no purposes of interpretation shall be made to the contrary. DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE IN TESTIMONY WHEREOF,the Parties have caused this Agreement to be signed in its name by its County Managers, acting under and by virtue of the authority in them vested, have hereunto set their hands and seal,the days and year first written below. T li • 'Y OF DURHAM 1 C Ilk IT 1,1 JO it ' '''11 ........' 74: -, Ak Wendell Davis 1' I I1J '4. I P IR County Manager AYTIES : , 4 ,, Michelle Parker Evans County Clerk ORANGE CIO LINTY . 1 , ,.. , - 1 130unie B. Hammillliersiey County Manager III' 1 ,;lc III 1.k.ii,ill 111 o ,. 1 ,II 711 4..1 11,114,r11 v II It, 140 Iti&52 1 111111 ATTEST: 1 1 IIIIIIIIIIU "0" es rob% 00 Doima-Baker ID 6 0 oik rt ILA .1.. County Clerk 1 [DOC DocuSign SI Envelope 01 1B6AFC45-B5BD-4305-A94im i r-n Au CONTRACT REQUISITION FORM UCUSIC3NPILUT 2016 AM MI _�_-_ CONTRACTOR/VENDORNAME: Orange Countv VENDOR#1000015376 CONTRACTOR NAME&E-MAIL(INDIVIDUAL E-SIGNING ONBEHALFOF THE CONTRACTOR): Bonnie Harnmersley,David Hunt bhammersle gran ecount nc, av dhynL@orancyecount nc, ov Print Name E-Mail Address TYPE OF CONTRACT:New Renewal X Amendment X Services_ Goods_ Consulting_ Construction_ Lease Other Inter-local Agreement SCOPE OF WORK: Provide Roadside Graohic Services to Orange Countv via Durham Countv Sign Shot) CONTRACT AMT:Revenue NTE S25,000.00 CONTRACT TERM:Julv 1,2017—June 30,2018 RFP/IFB/RFQ#: N/A ITEM FUND COST CENTER G/L ACCOUNT WBS ELEMENT GRANT NUMBER TOTAL Increase(I)or ADDITIONAL LINE# (Grants/Projects Only) Decrease INFO 1 1001010000 4190490000 5200160100 Revenue Sign Shop 2 3 RISK MANAGER Contract Requires Risk Management Review/Approval? YES NO X COUNTY ATTORNEY Signature: Date: Contract Requires BOCC Approval? YES NO X Date ofBOCC Approval: Reviewing Attorney: See attached e-mail Date: 09/11/17 REQUISITIONER ,K AGWINGMANAGER PrintedName/Title: Eli McCutcheofL C&CS �o�sA Date: 9/13/2017 �a��u��.,� �o! � Date:9/20/2017 E-Mail Address: emeeutehean'adeane. av 9/18/2017 �az�d 'sta- nature 141622BCFAB413461... Lam] T;IENT HEAD OR DESIGNEE(Individual E-Signing Contract) CHIEF FINANCIAL OFFICER bttV�6 �IVOIVb Date: 9/20/2017 N/A Date: Docusign E-Signature Docusign E-Signature Printed Name/Title: Motiryo Keambiroiro,Director of General Services WUNJX MA NAGER n L�Why"ANgnature L� A-. yayUs Date: 9/22/2017 E-Mail Address:mkeambirairadeane.�av - - Additional Comments/Instructions by Department: Q.Vf.KbT.O THE BOARD E�?f&i6FWA746gnature l(td—�tl.. eA.V�cLr_-eV� V"S Date: 9/27/2017 Purchasing Comments: Compliant APerry FUNDS RESERVATION# 18-436 se v and further agrees to require its m 4 Ilm�iM° DocuSign Envelope ID: 1 B6AFC45-B5BD-4305-A94A-5AF758428DFE r �� q COUNTY OF DURHAM subcontractors to comply as applicable. romemn ro Purchasing Division of the Finance Department ���VI�V�M���� q' 2. Pursuant to N.C.G.S. 143-6A-5(a), Iran Divestment Act, �„ I m } `�; 200 East Main Street 4th Floor, Durham NC 27701 vendors or contractors certify that they nor their l \ 919-560-0051(Telephone);919-560-0057(Fax) subcontractors are listed on the Iran Anal Divestment List as � r��"� �i of the date of issue and acceptance of this Funds Reservation. ���1�p A,����� �,� Funds Reservation 1800000436 General Data Company code DCNC Document date 09/13/2017 Posting date 09/13/2017 More Data Text INTERLOCAL AGREEMENT AMENDMENT 07/01/17-06/30/18 Overall Amount 0.00 USD Document item 001 Text PROVIDE ROADSIDE GRPAHIC SVCS TO ORANGE COUNTY NO FNCUMBRANCF - ORANGF COUNTY TO COMPFNSATF DURHAM COUNTY FOR SFRVICFS Fund 1001010000 Funds center 4190490000 Cost Center 4190490000 G/L account 5200160100 Vendor 1000015376 Vendor Name ORANGE COUNTY Ordering Address Ordering Address Grant NOT_RELEVANT WBS Element Amount 0.00 USD Open amount 0.00 USD C5-1271j1114;2CHASING 0/F1471 SCHIEFN�LTAL OFFICER Printed on 09/13/2017/16:32:00 This instrument has been pre-audited in the manner required Side 1 of 1 by the Local Government Budget and Fiscal Control Act. DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE McCutcheon, Eli From: Darby,Willie S. Sent: Monday, September 11, 2017 10:23 AM To: McCutcheon, Eli Subject: RE: Orange County Renewal Attachments: DURHAM-ORANGE AMENDMENT.docx Hi Eli: I think you need a written amendment,the Agreement calls for it. I have attached an amendment for your review and use. Thanks, Willie From: McCutcheon, Eli Sent: Friday, September 08, 2017 12:19 PM To: Darby, Willie S. Subject: Orange County Renewal Mr. Darby, I apologize, we keep missing each other on the phone.The Orange County Interlocal Agreement for Sign Shop assistance was fully executed on August 14, 2017.The signed agreement was for last fiscal year(originally mailed on 8/15/2016 and then several times via email). However, I was given a FY17-18 funds reservation number. Section 3 in the agreement regarding the term reads "it may be renewed for five successive fiscal year terms by written agreement between Durham County and Orange County". Is there a way we can satisfy the agreement without sending out an amendment? Orange County sent a signed letter requesting the interlocal agreement be renewed, can that be acceptable? Both Orange County and the Sign Shop are very interested in getting started right away.The fear of sending out an amendment would be that it could delay the start even further. I have been told both that an amendment is required and an amendment is not required. If an interlocal amendment is required, is there a template? If you have any questions or need more information, please let me know. I attached the fully executed interlocal agreement with the Orange County letters to this email. Thanks, Eli Quality Control &Contract Specialist DocuSign Envelope ID: 1B6AFC45-B5BD-4305-A94A-5AF758428DFE Attachment 1 Durham County Responsibility: Hourly sign shop personnel rate:$27.79 per hour Rate includes basic road identification sign fabrication as required by the Manual on Uniform Traffic Control Devices for Federal highway Administration. Overtime sign shop Ind.gonnel rate:$34.18 per hour Overtime rate will only be applied when request are made with less than 48 hours'notice or on emergency basis.General Service's personnel will notify Orange County personnel,when hourly overtime work is performed. Material rates: Aluminum$2.31 per square foot Electrocut vinyl$1.22 per square foot High Intensity Prismatic vinyl$1.65 per Square Foot 15%Overhead charge will be issued per invoice on materials Material rates are subject to change based on inflation and market factors. Actual cost will be charged directly to Orange County for the purchase price of materials at the time of the request. County will provide remote access to work order system for requests. Orange County Responsibility: Submitting the required work order for signage request with the appropriate spelling of street and road names.Tracking cost as to be sure not to exceed$25,000.00(the not to exceed amount).Pick up of all road identification signs when fabrication is completed at 4527 Hillsborough Road,Durham N.C.27705. All hardware and framing required for installation. Perform sign installation.