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Home My WebLink About2011-339 Library - Grey Seal Puppets for The Show of Virtues reading program , a3 7 [Departmental Use Only] u TITLE FY ORANGE COUN'T'Y CONTRACT UNDER$10,000.00 NORTH CAROLINA "Effective Date")by THIS AGREEMENT,made and entered into this l and roof corporate orr�anOzed under the laws of the North Carolina, a body p g and between Orange County, ets the "Provider"),party State of North Carolina, (the "County"),party of the first part; and Grey Seal Pupp of the second part; WITNESSETH: the County hereby For the purpose and subject to the terms anov de conditions agrees for provide the following services to he contracts for the services of the Provider, and the Pr bn County in accordance with the terms of this Agreement,time being of the essence: to be furnished The services and/or materials( hereinafter referred to collectively as "Services")aperformance of "The under this Agreement are as follows. Grey Seal Puppets Summer Reading program p Show of Virtues" at the Orange County Main Library for 1 hr. The term of this agreement rendered shall be from Wednesday,July 18, 2012 at 10:30am to 11:30am and Provider represents and agrees that Provider is qualified to perform a and fu fully capable of p erfo professional and providing the services required or necessary under this timely manner to the satisfaction of the County. Provider shall be responsible for all errors ordiscrepancies,any and all errom omissions, the performance of the Agreement. additional cost t hetCounty. Provider agrees that Provider shall not ambiguities,mistakes or conflicts a nor shall Provider assign any right or sub-contract any of the services to be provided in this Agreement, responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1, Payment: 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 Should ($500). Payment shall be made within thirty (30) days of an invoice properly submitted to County. 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. 2. Non—waiver: Failure by County at any the County's right hereunder t enfor erthes same,nor of the provisions hereof shall in no way waive or affect shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. , and the 3, Independent Contractor: The Provider a r omissions. The Provadert hall notrbe t eat d County shall not be responsible for any of the Provider's cts o or as an employee with respect to the Services performed ands that neither federal, nor state, nor payroll tax of workers' compensation purposes. The Provider u nder any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4, insurance:ranee: The Provider shall obtain, stits bxthesCounty's Risk ManagementdPolicy adequately insure itself during the performance of these services as required y Revised July 2010 1 . and hold harmless Orange County 5. Indemni : The Provider agrees to defend, indemnify, demands, suits, costs, damages or expenses (including reasonable from all losses, liabilities, claims, y person or persons or damage to or attorney's fees) arising from bodily injury, including death, e an p P 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 Proved 7. Entire Agreement: The parties have read this d exclusive� i statement of of the Agreement between terms, and further agree that it constitutes the complete gna the parties. Modifications may be evidenced the parties unless and until modified in writing and signed by p by telefacsimile signature. 8. Governing;Law: Both parties agree that to Agreement o settle any dispute involving he terms of this State of North Carolina. Should either party initiate litigation Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. and the 9. Non Appropriation: Provider acknow availability o public funding under the authority of its�st statutory validity of this Agreement is based upon the avail ty P mandate. In the event that public funds are unavailable shalloautomatcally expire without penalty to County obligations under this Agreement, then this Agreement 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. ORANGE COUNT PROVIDER By: Mk Ih tC (Mil . 0 C.� By: Title Cou ty Mana r Grey Seal Puppets(Drew Allison) 200 S. Cameron St. 231 Foster Ave P.O.Box 8181 Charlotte,NC 28203/704-521-2878 Hillsborough,NC 27278 This ' n been approved as to technical content. L n a ger,De ment Director This in in nt een pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. a A, Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Office of the County Attorney Revised July 2010 2 4 a 17 ` 32 iC+ 4 X114 car Orange County Main Library 137 W. Margaret Lane Hillsborough,NC 27278 919-245-2531 FAX :919-644-3372 Grey Seal Puppets October 17, 2011 Drew Allison 231 Foster Ave. Charlotte,NC 28203 704-521-2878 Dear Drew, Enclosed are four copies of the Orange County's "Service Agreement." The cost of the program is $500 for "The Show of Virtues" at the Orange County Main Library/137 W. Margaret Lane/Hillsborough,NC on Wednesday, July 18, 2012, from 10:30-11:30am for a Summer Reading program. Please sign and return 3 contracts to me at your earliest convenience. Keep one copy for your records. If you have any questions, please call me at(919) 245-2531. Please note that the county pays out bills within 2 weeks of the program date, if you have not received payment by that time,please call me, so that I can follow up and make sure you are paid. Sincerely, Ginger Holler Youth Services Librarian Orange County Main Library 137 W. Margaret Lane Hillsborough,NC 27278 919-245-2531 or 2532 [Departmental Use Only] TITLE FY ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 17th day of October,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 Grey Seal Puppets (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: "Grey Seal Puppets " -Summer Reading program performance of "The Show of Virtues" at the Orange County Main Library for 1 hr. The term of this agreement rendered shall be from Wednesday, July 18,2012 at 10:30am to 11:30am 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 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, omissions, 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. SPECIFIC TERMS 1. Payment: 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 , ($500). Payment shall be made 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 may, without fault or penalty, withhold any payment associated with the work to be performed until 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 shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or 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. The Provider 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 Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as 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 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. 8. Governing Law:aw_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. ORANGE CO NTY PROVIDER By: By: C�hr� . C_ 00 A� ee J Cou Manag Title: �Y\ wvF - 200 S. Cameron St. Grey Seal Puppets(Drew Allison P.O. Box 8181 231 Foster Ave Hillsborough,NC 27278 Charlotte,NC 28203/704-521-2878 T=ndager,as been approved as to technical content. De en -Director Director This i trument as be pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. yew A ,A- Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Office of the County Attorney Revised July 2010 2