HomeMy WebLinkAbout2011-303 Library - NC Museum of Natural Sciences for CHAKA afterschool program "Terrific Turtles" Departmental U2r `:/ Fu
TITLE
FY
ORANGE COUNTI'
CONTRACT UNDER $10,000.00
NORTm CAROLI NA
THiS AGR1'ENIENT, made and entered into this 19th day of September, 2011, ("Effective Date")
by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the
State of North Carolina, (the "County"), party of the first part; and NC Museum of Natural Sciences (the
"Provider"),party of the second pint;
wITtNrSSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services 01`the Provider, and the Provider agrees to provide the following services to the
County in accordance with the tcrnls of this Agreement,time being of the essence:
The services and/or materials (llereinaller referred to collectively as "Services") to be furnished
under this Agreement are as follows: CHAKA afterschool program,"Terrific Turtles" for ages 6-11 at the
orange County Main Library/137 W. Margaret Lane/Hillsborough,NC 272713.
The term of this agreement rendered shalt be from Tuesday, November 15 , 2011 from 3:30pm to
4:30pm.
Provider represents and agrees that Provider is qualified to perform and fully capable o#'performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely planner 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, olllissions, 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.
S Ill I.(A FI C TR,11IVI
1. Pa moment; 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 FREE,
($00). Payment shall be trade 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 play, without fault or penalty,
withhold any payment associates# with the work to be performed tintil 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
�h 111 any waiver by the County of any breach be hell to be a waiver of any succeeding breach of a waiver of
this Non-Waiver Clause.
3. Independent Contractor: The Provider shall operate as an independent Provider, and the
County shall not be responsible for any of the Provider's acts or omissions. Tile Provider shall not be treated
as an employes 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 behal l'oa'the Provider or the employees of the Provider.
4. insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
inatu'e itself during the pertbrtnanee of these se-vices,' required by the County's Risk Management Policy.
Revised July 2010 1
5. Indemnity: 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.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider.
7. Entire A>reement: 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.
8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. 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.
9. 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 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.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORAN E ` i PROVIDER
By:
By:
Co t Man 1 e Title: (UWJOV z' C011►YY1UI n �1
200 S. Cameron t. NC Museum of Natural Sciences
P.O. Box 8181 11 West Jones St.
Hillsborough, NC 27278 Raleigh, NC 27601
This ins lit has b n approved as to technical content.
Lu ida in get- epartm� Director
This instrument has bee pre-audited in the manner required by the Local Government Budget and Ftiscal
Control Act.
Office of the Finance Director
This in rumcnt has been approved as to Form and legal sufficiency.
Office of the C unty Attorney
r
Revised July 2010 2