Loading...
HomeMy WebLinkAbout2017-189 DEAPR - Durham County for road sign services aW-1Kq STATE OF NORTH CAROLINA COUNTY OF DURHAM Interlocal Cooperation Agreement Between The COUNTY OF DURHAM and ORANGE COUNTY This is an Interlocal Cooperation Agreement {hereinafter "Agreement") entered into this 21" day of April, 2 017 by and between County of Durham, apolitical 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 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 OF DURHAM COUNTY OF ORANGE ATTN: GENERAL SERVICES ATTN: ELIZABETH YOUNG 310 S.DILLARD STREET PO BOX 8181 DURHAM,NORTH CAROLINA 27701 HILLSBOROUGH,NORTH CAROLINA 27278 SECTION 8.INDEMNIFICATION 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. IRAN DIVESTMENT 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 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. 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. THE COUNTY OF DURHAM Wendell Davis County Manager ATTEST: Michelle Parker Evans County Clerk ORANGE C LINTY onnie B. Hammersley County Manager ATTEST: 00,V,d Nan+ pepu yCounty Clerk 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. THE COUNTY OF DURHAM Wendell Davis County Manager ATTEST: Michelle Parker Evans County Clerk ORANGE COUNT ilonnie B. mersley County Manage ATTEST: 17 52 per%A County Clerk 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 personnel 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.