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HomeMy WebLinkAbout2025-575-E-Planning Dept-Randall Arend-LUP2050-Speaker Presentation to BOCCRevised 01/24 1 [Departmental Use Only] TITLE LUP2050 SPEAKER FY 25/26 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 19th day of September, 2025, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Randall Arendt, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): LUP2050 Speaker/presentation to BOCC ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits, or addenda. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): For two days on-site in Orange County, with Day One involving informal discussions with staff and travel around the county to become acquainted with various areas pertinent to the Retreat, and Day Two involving a formal presentation describing and illustrating how conservation subdivisions could be designed to include or consist primarily of workforce housing (with extended discussions afterward), followed by a subsequent detailed memo summarizing the main points of the discussions, the fee would be $8,500.00, plus travel expenses not to exceed $12000.00 total. 4. Duration of Services a. Term. The term of this Agreement shall be from September 19, 2025 to December 31, 2025. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be September 19, 2025. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed twelve thousand Dollars ($12,000). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 4 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Cy Stober) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. 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. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 5 actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. There are no third-party beneficiaries of this Agreement and nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, or obligations. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 6 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy 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. d. 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. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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 or 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 Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 7 unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. 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. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Travis Myren Randall Arendt P.O. Box 8181 6 Sparwell Lane Hillsborough, NC 27278 Brunswick, Maine 04011 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Travis Myren, County Manager By: __________________________________ Randall Arendt Printed Name and Title Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 9/19/20259/22/2025 Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Randall Arendt Vendor Contact Person: Randall Arendt Phone: 207-406-4242 Address: 6 Sparwell Lane City Brunswick State: Maine Zip: 04011 Department: Planning & Inspections Amount: $8500 for Presentation plus $3500 for travel not to exceed $12000.00 Purpose: LUP2050-Speaker/Presentation to BOCC Budget Code(s): 30620020-630000-10086 Vendor # 69130 Vendor Status with NCSOS: Not Listed Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 9/19/25 End Date 12/30/25 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 9/9/25); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 9/19/2025 9/22/2025 9/22/2025 9/22/2025 Revised 01/24 10 Office of the Clerk to the Board __________________________________________Date:________ Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 From:Cy Stober To:Tom Altieri Cc:Elaina Cheek Subject:RE: CY - FW: Conveyance of James" input - Randall Arendt FW: Board Approval and Next Steps - RE: Draft Scope Date:Friday, September 19, 2025 11:25:06 AM Attachments:image002.png Oh, thanks – I missed that. Approved, as presented with the “not to exceed” clause included. Thanks, Cy Stober Planning & Inspections Director (919) 245-2585 (Office) (919) 430-0446 (Cell) (919) 245-2592 (Direct) E-mail: cstober@orangecountync.gov 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278 Planning & Inspections Webpage Applications, Forms, and Submittal Information Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Tom Altieri <taltieri@orangecountync.gov> Sent: Friday, September 19, 2025 11:14 AM To: Cy Stober <cstober@orangecountync.gov> Cc: Elaina Cheek <echeek@orangecountync.gov> Subject: CY - FW: Conveyance of James' input - Randall Arendt FW: Board Approval and Next Steps - RE: Draft Scope Cy, Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 For the record, Elaina needs your approval of the “draft” scope below as the final scope. A reply all should suffice. Thank you, Tom From: Tom Altieri Sent: Tuesday, September 16, 2025 2:53 PM To: Elaina Cheek <echeek@orangecountync.gov> Cc: Cy Stober <cstober@orangecountync.gov> Subject: Conveyance of James' input - Randall Arendt FW: Board Approval and Next Steps - RE: Draft Scope Hi Elaina, Should you need. FYI, below. I have not received the paperwork back from Randall yet. I fill forward upon receipt. Thank you, Tom From: Cy Stober <cstober@orangecountync.gov> Sent: Thursday, September 11, 2025 9:58 AM To: Tom Altieri <taltieri@orangecountync.gov> Cc: Perdita Holtz <pholtz@orangecountync.gov> Subject: RE: Board Approval and Next Steps - RE: Draft Scope Thanks Tom, I asked James about this and he said that Randall’s narrative is fine for this purpose and just to frame the cost as “not to exceed”. Thanks! Cy Stober Planning & Inspections Director (919) 245-2585 (Office) (919) 430-0446 (Cell) (919) 245-2592 (Direct) E-mail: cstober@orangecountync.gov 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278 Planning & Inspections Webpage Applications, Forms, and Submittal Information Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Tom Altieri <taltieri@orangecountync.gov> Sent: Thursday, September 11, 2025 9:52 AM To: randall arendt <rgarendt@comcast.net> Cc: Cy Stober <cstober@orangecountync.gov>; Perdita Holtz <pholtz@orangecountync.gov> Subject: Board Approval and Next Steps - RE: Draft Scope Hi Randall, Thank you for your patience while we obtained approval from the Board, $8,500 fee, plus up to $3,500 for travel related expenses. At this time, the only comment/request re your Proposal is for you to please confirm understanding that your travel expenses are not exceed $3,500. I have also attached a couple forms that I will need your help to please complete and return. The forms are to establish you as a County Vendor and for electronic transfer of payment. If you have any questions, please let me know. Planning is working towards a draft Contract for your review and we will keep you posted on anything additional that may be needed. Looking forward to our MS Teams meeting on the 19th and working together! Thank you, Tom Tom Altieri, AICP Senior Planner, Long-Range Planning and Administration Planning & Inspections Department (919) 245-2575 (Office) (919) 245-2579 (Direct) E-mail: taltieri@orangecountync.gov Address: 131 W. Margaret Lane, Suite 201, P.O. Box 8181, Hillsborough, NC 27278 Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Orange County Planning Website: https://orangecountync.gov/792/Planning-Inspections Orange County Land Use Plan 2050 Project Website: https://www.orangecountylanduseplan.com Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties From: Cy Stober <cstober@orangecountync.gov> Sent: Monday, August 25, 2025 12:12 PM To: randall arendt <rgarendt@comcast.net> Cc: Tom Altieri <taltieri@orangecountync.gov>; Perdita Holtz <pholtz@orangecountync.gov> Subject: RE: Draft Scope Hi Randall, That looks good to me – simple, direct, and accountable for both you and the county. I have cc’d the other principal staff for this project, including the project manager, Senior Planner Tom Altieri. Regards, Cy Stober Planning & Inspections Director (919) 245-2585 (Office) (919) 430-0446 (Cell) (919) 245-2592 (Direct) E-mail: cstober@orangecountync.gov 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278 Planning & Inspections Webpage Applications, Forms, and Submittal Information Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 From: randall arendt <rgarendt@comcast.net> Sent: Monday, August 25, 2025 12:04 PM To: Cy Stober <cstober@orangecountync.gov> Subject: Draft Scope CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Phish Alert Button located on your Outlook menu bar on the Home tab. Good Afternoon Cy, Regarding a potential scope, I was thinking of something simple, along the following lines. Your thoughts/suggestions would be welcomed. For two days on-site in Orange County, with Day One involving informal discussions with staff and travel around the county to become acquainted with various areas pertinent to the Retreat, and Day Two involving a formal presentation describing and illustrating how conservation subdivisions could be designed to include or consist primarily of workforce housing (with extended discussions afterward), followed by a subsequent detailed memo summarizing the main points of the discussions, the fee would be $8,500.00, plus travel expenses. This also factors in the approximately 1.5 days' time involved in travel to and from RDU (from Portland ME). How does this look to you? Randall Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 From:Travis Myren To:Melissa Tegeder; Cy Stober Cc:Elaina Cheek Subject:RE: LUP2050 Next Steps Date:Friday, September 19, 2025 1:02:03 PM Attachments:image001.png image003.png Yes. Please waive the insurance requirements for this vendor. From: Melissa Tegeder <mtegeder@orangecountync.gov> Sent: Friday, September 19, 2025 12:32 PM To: Cy Stober <cstober@orangecountync.gov> Cc: Elaina Cheek <echeek@orangecountync.gov>; Travis Myren <tmyren@orangecountync.gov> Subject: RE: LUP2050 Next Steps Thanks Cy. For this, we simply need Travis to OKAY the waiver of insurance. I have CC’ed him on here. Travis – please read the chain about this contract and insurance. I don’t believe it’s a huge risk waiving the insurance requirements. Melissa Tegeder Safety & Risk Management Director ClearRisk Incident Reporting System (County Employees only) “Human Error is not a cause, it’s a consequence.” 131 W Margaret Street,3rd Floor, Hillsborough, NC 27278 (919) 245-2155 www.orangecountync.gov CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from or received by this account are the property of Orange County Government and as such are considered public domain and are subject to the North Carolina Public Records Law. Certain confidential information may be transmitted and any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 From: Cy Stober <cstober@orangecountync.gov> Sent: Friday, September 19, 2025 9:09 AM To: Melissa Tegeder <mtegeder@orangecountync.gov> Cc: Elaina Cheek <echeek@orangecountync.gov> Subject: RE: LUP2050 Next Steps Hi Melissa, For what it is worth, Mr. Arendt has effectively been invited by our commissioners to speak on this topic as an expert in his field. I was directed to contact him by both a commissioner and Travis and have done so. James has suggested that this situation can simplify contracting but I am not sure of its relevance to insurance and/or risk. Thank you, Cy Stober Planning & Inspections Director (919) 245-2585 (Office) (919) 430-0446 (Cell) (919) 245-2592 (Direct) E-mail: cstober@orangecountync.gov 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278 Planning & Inspections Webpage Applications, Forms, and Submittal Information Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Elaina Cheek <echeek@orangecountync.gov> Sent: Friday, September 19, 2025 7:51 AM To: Cy Stober <cstober@orangecountync.gov>; Melissa Tegeder <mtegeder@orangecountync.gov> Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Subject: RE: LUP2050 Next Steps Hi Melissa- We have requested a COI for Randall Arendt however; he doesn’t carry any type ofliability insurance. I have included his response below to our request. Please advise onhow to proceed. Hi Tom, Thanks very much for the reminder. My work schedule has been unusually busy over the past monthor so. Attached is my W9, the ETF form, and a copy of a canceled check. I have never carried any kind of liability insurance over my 50-year career (and counting!), as I donot create technical drawings needing to be stamped, or impart legal advice. In the few instancesover the years that a city or county has asked me for insurance prior to a workshop presentation,they have always waived it, even when my work included a site walk on undeveloped land. Hopefullythe folks at your end might be able to waive this requirement for me. I have all the TEAMS meeting invitations at hand, plus the one for Day 2 of the LUP Retreat. Could you please resend me the one for Day 1? Thanks very much. Talk soon. Randall Thank you, Elaina H. Cheek Business Officer Orange County Planning & Inspections Department 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278 919.245.2585 (Office) 984.314.6236 (Cell) echeek@orangecountync.gov *working remotely please use mobile or email* From: Cy Stober <cstober@orangecountync.gov> Sent: Thursday, September 18, 2025 9:25 AM To: Melissa Tegeder <mtegeder@orangecountync.gov>; Elaina Cheek Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 <echeek@orangecountync.gov> Subject: RE: LUP2050 Next Steps Thanks Melissa, I think that is preferable to have both but acceptable to just have General Liability. These speakers will be informing the commissioners on a topic of their profession that will inform commissioner decisions on how to plan for the county’s future land use, but they will not be providing recommendations on how they do that or any specific policies or regulations that should be put in place. So there is a risk associated with misrepresentation of their profession and knowledge but the ultimate recommendations on action will lie with county staff and/or the commissioners themselves. I think that your final sentence is the path to go. Thanks! Cy Stober Planning & Inspections Director (919) 245-2585 (Office) (919) 430-0446 (Cell) (919) 245-2592 (Direct) E-mail: cstober@orangecountync.gov 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278 Planning & Inspections Webpage Applications, Forms, and Submittal Information Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From: Melissa Tegeder <mtegeder@orangecountync.gov> Sent: Wednesday, September 17, 2025 11:48 AM To: Elaina Cheek <echeek@orangecountync.gov> Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Cc: Cy Stober <cstober@orangecountync.gov> Subject: RE: LUP2050 Next Steps General liability and possibly professional liability. Professional liability protects the speaker from the allegations of negligence, error, omission, or misrepresentation that may result from their speech content, delivery, or advice. However, it depends on how we will use the speaker’s information after the fact. Meaning, if they misrepresented something that later affected the County (caused a loss for the County), we could possibly put in a claim against their insurance. Professional liability insurance seems to be a sticking point for people, so maybe ask first if they carry it. If they have it, then great. If not, we can discuss further about the necessity given the specifics of the work they will be providing. Melissa Tegeder Safety & Risk Management Director ClearRisk Incident Reporting System (County Employees only) “Human Error is not a cause, it’s a consequence.” 131 W Margaret Street,3rd Floor, Hillsborough, NC 27278 (919) 245-2155 www.orangecountync.gov CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from or received by this account are the property of Orange County Government and as such are considered public domain and are subject to the North Carolina Public Records Law. Certain confidential information may be transmitted and any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Elaina Cheek <echeek@orangecountync.gov> Sent: Wednesday, September 17, 2025 9:40 AM To: Melissa Tegeder <mtegeder@orangecountync.gov> Cc: Cy Stober <cstober@orangecountync.gov> Subject: FW: LUP2050 Next Steps Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Hi Melissa- I am working on 2 contracts for speakers to present to the BOCC for the LUP 2050. Canyou confirm which COI coverage these would require ? Thank you, Elaina H. Cheek Business Officer Orange County Planning & Inspections Department 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278 919.245.2585 (Office) 984.314.6236 (Cell) echeek@orangecountync.gov *working remotely please use mobile or email* From: Cy Stober <cstober@orangecountync.gov> Sent: Tuesday, September 9, 2025 10:50 AM To: Tom Altieri <taltieri@orangecountync.gov>; Elaina Cheek <echeek@orangecountync.gov> Cc: Alex Norwood <anorwood@orangecountync.gov>; Perdita Holtz <pholtz@orangecountync.gov> Subject: LUP2050 Next Steps Hi Tom & Elaina, The BOCC authorized moving forward with several of the speakers proposed for the LUP2050 Technical Reports calendar this fall. We will need professional services contracts for the following: Randall Arendt ($8,500 + travel expenses, not to exceed $12,000) CJ Cornette, Applied Resource Management ($2,250) Clarion Associates ($4,020; contract amendment) We will also likely need a contract for facilitation services but that has not yet been authorized by the Board – Tom is investigating whether CPRC (formerly TJCOG) is interested. I will recognize that not funds have been allocated for these services. I have cc’d our Budget Analyst Alex Norwood to identify funds for this non-departmental project that will need to be appropriated at the next available Budget Amendment. There is no need to wait on contracting until the funds are appropriated – I would like to be positioned to execute as soon as the funds become available. Thanks, Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975 Cy Stober Planning & Inspections Director (919) 245-2585 (Office) (919) 430-0446 (Cell) (919) 245-2592 (Direct) E-mail: cstober@orangecountync.gov 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278 Planning & Inspections Webpage Applications, Forms, and Submittal Information Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. Docusign Envelope ID: 1C5F25F2-9795-442A-9CA0-C7FFAE067975