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HomeMy WebLinkAbout2012-002 DEAPR - Laura Casey Creative Arts Instruction $1,440020 ~ a - o~ •~ z~~.~P~ [Departmental Use Only] TITLE Creative Arts lnstructlon FY 24.11-12 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this 9 day of January, 2012, ("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"), patty of the first part; and Laura Casey (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 witlt the tet•ms of this Agreement, time being of the essence: The services and/or materials (hereutafter referred to collectively as "Services"} to be fiu•nished under this Agreement are as follows: Creative Arts Cnstruction The term of this agreement tendered shall be from February 1, 2012 to June 30, 2012. Provider represents and agrees that Provider is qualified to perform and fully capable of perfotwing and providing the services required or necessary under this Agreement in a fitlly competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of dte Agreement. Provider shall correct any and all errors, OlIt1SSIO1IS, 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 he provided in this Agreement, nor shall Provider. assign any tight or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECII~'IC TERMS 1. Pa, meat: The County agrees to pay at the rates specified for Services satisfactorily perfa•med in accord with this Agreement. The amount to be paid by the County shall be 75 % of the total income from regish•ation fees from the Service, not to emceed one thousand four hundred and forty dollars ($1440.00). Payment shall be made within thu•ty {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 ilte provisions hereof shall in no tvay 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 btz responsible for any of the Provider's acts at• omissions. The Provider shall not be treated as an employee with aspect to the Services performed hereunder for federal or state tax, unentployutent or arorkers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tam of any kind shall be withheld or paid by the County on behalf of the Provider or the etuployees ofthe-Provider. 4. htsurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the perfa•mance of these services as required by the County's Risk Management Policy. Revised September 2010 5. htdenutih~: 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 front 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.. G. Termination: This Agreement Wray be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. )Jntite Agreement: fihe parties have read this Agreement and agree to be bound by all of its terms, and fitrther agree that it cottstihttes the complete and e~chtsive statement of the Agreement behveen the parties tutless and until modified in writutg and signed by the parties. Modifications may be evidenced by telefacsimile sigttattu•e. 8. Governing Law: Both parties agt•ee that this Agreement shall be governed by dte lativs 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 fluids 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 inunediately upon written notice to Provider of the unavailability and non-appropriation of public funds, IN WITNESS WHEREOI+, Orange County and the Provider have sighed this Agreement, effective as of the day fast written above. ORANGE O By: Cou anager 200 S. Cameron St. P,O. Boa 8181 Hillsborough, NC 27278 PRO ER ;, By: T' ~' ~Jr This utstrument has pproved as to teclutical content. David Stancil, .Department Duector This instrument has been pre-audited in the manner required by the Local Govermnent Budget and Fiscal Control Act. Office ofthe Finance Director This ills meta has been approved as to form and legal sufficiency. Office of the ou ty Attorney Revised Scpteniber 20 t 0 2