Agenda - 01-17-1995 - IX-F - Laserfiche WebLink

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DRAFT 3 THIS AGREEMENT was made the 20th day of December, 1994 between the Chapel Hill Carrboro Board of Education,the Orange County Board of Education(jointly referred to herein as"the Boards")and OR/Ed Laboratories of Oriental,NC, a North Carolina Corporation(ID#56-1709490)with offices in Oriental,NC(herein"the Lab"). The attached document entitled,"A Technical Description of a Process for Developing an Optimal School Facility Plan"is incorporated into this agreement. That document is referred to herein as the"Technical Description." In consideration of the promises made to each other as set forth below,the Boards and the Lab mutually agree as follows 1. The Boards shall provide the information listed in the Technical Description under the headings"Normal Inputs and Assumptions"and the Lab shall perform the tasks listed under the headings"OR/Ed Lab Processes." However, regardless of which party has the primary responsibility for gathering any of the information or performing any of the tasks listed in the Technical Description, the Boards and the Lab shall provide mutual assistance to each other when necessary to complete such work in a timely fashion. 2. The Lab hereby appoints Raymond Taylor as its coordinator for this project,and the Boards hereby appoint Chester Prayer of the Chapel Hill Carrboro system and of the Orange County system as its coordinators. It is understood that the coordinators have sufficient access to the human and technical resources of their respective organizations to facilitate the entire project and to assure its timely completion. 3. The timely performance of this agreement is essential. The Boards and the Lab agree to provide the information and services to each other such that the new school locations can be identified by the target date of February 15, 1995,and the boundary optimizations in 20 working days after the new school locations are accepted by the Boards For 90 days after the new school locations are recommended by the Lab,the Boards may specify new planning assumptions and request one set of revisions. The Lab must respond to a request for revisions within 20 working days. At the end of the aforementioned 90 day period,if the Boards have not accepted either set of recommended locations, the Lab may run boundary optimizations on the most recent set of recommendations and otherwise complete its obligations under this contract. 4. The Boards agrees to pay the Lab $25,000 in two installments: $1 5,000 within 15 days after the new school locations are transmitted to the Boards in an acceptable format,and the balance within 30 days alter all the obligations of the Lab to the Boards under this agreement are completed. This consideration includes all services, expenses,subcontracts,and other costs expended or obligated by the Lab under this agreement,and the Boards shall not be liable for any other payments except for those incurred by the Boards in pursuit of their performance under this contract. It is understood that the Boards will have entered into a cost-sharing agreement and that the Lab,once informed of the cost-sharing proportions,will bill each Board separately. 5.The Lab may employ or subcontract with persons who are,or who are not,currently employed by the State of North Carolina,either in the public schools or the university system. This agreement,however,cannot be transferred by the Lab to another party. The Lab agrees not to employ or subcontract with any person employed by the Boards. 6.This agreement can be amended only by mutual consent,except,however,minor adjustments can be made by the coordinators to take advantage of unforeseen opportunity or solve unforeseen problems. Such adjustments,however, may not alter this agreement's scope or purpose,change the total compensation or timing of payments,or degrade the overall quality of the work. The Lab shall keep a log of all such adjustments and shall provide it to the Boards at the end of the project or earlier on demand. For the Chapel Hill Carrboro Board of Education For OR/Ed Laboratories,Inc. Superintendent of Schools Date Raymond G.Taylor,Its President For the Orange County Board of Education Date Acting Superintendent of Schools Date