HomeMy WebLinkAbout2010-131 Animal Svc - Vincent Daddiego for Art Work Please return this copy to
!Clerk: to the Board's office for PAF —'
Agreement between Orange County and Vincent Daddiego
THIS AGREEMENT, made and entered into this _ day of June, 2010, ("Effective
Date") by and between Orange County, North Carolina, a body politic and corporate organized
under the laws of the State of North Carolina, ("County"), by and through its' Animal Services
Department and Vincent Daddiego ("Artist"), of 16 Trottenham Lane, Chapel Hill, North
Carolina:
WITNESSETH:
Whereas, Orange County desires to hold fundraisers to benefit the Orange County
Animal Services Department; and
Whereas Vincent Daddiego is an Artist who creates Picatso, Pigasso and Picowso art
(artwork); and
Whereas Mr. Daddiego has created such artwork in which he generously desires to
provide several pieces of artwork to the Animal Services at a discounted cost for fundraising to
benefit the Orange County Animal Services Department.
NOW THEREFORE subject to the terms and condition hereinafter set forth and for good
and adequate consideration the parties agree to the following:
1. Artist Responsibilities.
a. The Artist agrees to provide eight (8) artwork pieces valued at a total price of
$470 to Orange County as follows:
i. 3 Half Gallon valued at$80 per piece or a total of$240.
ii. 2 Small Bottles valued at$40 per piece or a total of$80.
iii. 1 Square Vase valued at$30 per piece or a total of$30.
iv. 1 Bowl Ceramic valued at$40 per piece or a total of$40.
v. 1 Rooster valued at$80 per piece for a total of$80.
b. In addition if a person purchases a piece of art from the Artist as a result of
Animal Services' fundraising outreach, the Artist will contribute thirty percent
(30%) of the price of each piece of work purchased to Animal Services.
2. Orange County's Responsibilities.
a. The County agrees that in exchange for the Artwork, the Artwork will be given
away as a prize in a raffle the proceeds of which will benefit Orange County
Animal Services.
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b. Orange County will compensate the Artist from the proceeds of each raffle an
amount equal to twenty percent (20%) of the proceeds of the raffle up to the total
value of each piece of artwork.
C. Orange County will pay the Artist from the proceeds within thirty (30) days of
last day of collection of proceeds from each raffle.
d. Orange County may acknowledge the work of the Artist in fundraising outreach
and indicate the Artist willingness to contribute 30% of the proceeds of each piece
of Artwork purchased to the County for the benefit of Animal Services.
3. Independent Contractor: The Artist shall operate as an independent Contractor, and the
County shall not be responsible for any of the Artist's acts or omissions. The Artist 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 Artist
understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or
paid by the County on behalf of the Artist.
4. Copyright. Artist will retain any copyright interests in the art work and will be the
copyright holder for all
purposes, except the
County may reproduce the art work to
promote the fundraiser and to promote the Animal Services Department.
5. Indemnification. The County shall defend, indemnify and hold harmless Artist, his
agents, and contractors from any and all claims, demands, damages, costs, expenses
(including attorney's fees),judgments or liabilities arising from the negligence or willful
misconduct of the County. Artist shall defend, indemnify and hold harmless the County,
from all claims, demands, damages, costs, expenses (including attorney's fees),
judgments or liabilities arising from the negligence or willful misconduct of Artist. With
respect to any and all claims, demands, damages, costs, expenses (including attorney's
fees),judgments or liabilities arising from the joint or concurrent negligence of Artist and
the County, each party shall assume responsibility in proportion to the degree of its
respective fault as determined by mediation.
6. Insurance: The Artist shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services.
7. Termination: This Agreement may be terminated at any time by mutual agreement of the
parties or by the County upon written notice to the Provider.
8. Entire Agreement: The parties have read this Agreement and agree to be bound by all of
its terms, 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.
9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of
the State of North Carolina.
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IN WITNESS WHEREOF,the Orange County and the Artist have signed this Agreement,
effective as of the say first written above.
ORANGE COUN PR 7inc4entDaddiegio,ent Daddiego
By: By.
Fr . Clift Artist
Date: Date: U/ 1
This instrument has been approved as to technical content.
?Qt4' V i
' ALOWc
Robert A. Marotto,Animal Services Department Director
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control g t of Act.
�AA/----
Clarence Grier, Financial Services Director
jTh ' str ent has been approved as to form and legal sufficiency.
Annette M. Moore, Staff Attorney
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