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HomeMy WebLinkAbout2017-731-E DEAPR - Stephen Rankin Cedar Grove history wall DocuSign Envelope ID:064412EF-AC39-4D55-8ED9-64586766560C (Departmental Use Daly] TITLE Cedar Grove Research FY 2016-17 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH gCAROLINA THIS AGREEMENT, made and entered into this 28 b day of March, 2017, ("Effective Date") by and between ©range County, forth 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 28 hours of documentary historical research services to generate background historical and exhibit content for the History Wall in the Cedar Grove Community Center as detailed in attachment 1: Scope of Work. The terra of this agreement rendered shall be from March 28,2017 to May 15,2017. 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 Eight Hundred Dollars, ($800.00), 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 2/17 1 DocuSign Envelope ID:064412EF-AC39-4D55-8ED9-64586766560C 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 htt : www.oran ecount nc. ov de artments urchasin division contracts. h ). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA 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. Indemni : 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 tenninated 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 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. 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 consent of the Parties to utilize electronic signatures and 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. Provider shall at all times remain in compliance with all applicable Iocal, 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.oran ecountyne.o vldepartmentslpurchasing 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 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. 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 Devised 2/17 2 DocuSign Envelope ID:064412EF-AC39-4D55-8ED9-64586766560C 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 2117 3 DocuSign Envelope ID:064412EF-AC39-4D55-8ED9-64586766560C 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: P&Vj, Sj;� /3/2017 By. �j r ivu ?8/2017 911 CFA1 D597A495... ___' '1"atle: S62D73E71 FAB4EB... 200 S. Cameron St. Stephen J.H.Rankin P.O. Box 8181 136 Nat Villines Road Hillsborough.,NC 27278 Hurdle Mills,NC 27541 Revised 2/17 DocuSign Envelope ID:064412EF-AC39-4D55-8ED9-64586766560C Attachment 1 Scope of Work for Historical Research Contract for Cedar Grove History Wall Exhibit Project Description: The Researcher will conduct documentary historical research to generate background and context information for the planned History Wall exhibit at the Cedar Grove Community Center. This work is required to provide additional research material for the text for the exhibit panels and captions. Work will include examining relevant primary and secondary historical source materials in order to gather and compile detailed historical information about the Cedar Grove School and any important events and activities associated with the school. It will also gather historical information about the leading principals and teachers. The Researcher will provide a total of 28 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 in advance. Documentary Research Sources to be used by the Contractor The Contractor shall utilize appropriate research source materials resources, primarily. • Orange County Board of Education minutes and other records • Historic newspapers including microfilm, digitized, and those available through Newspapers.com • Other 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 May 15, 2017. 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.