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HomeMy WebLinkAbout2012-008 DEAPR - Andeline Vienna Croce for Environmental EducationA~kp~ (Departmental Use Only] TITLE Environmental Education FY 2011-12 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this 12 day of January, 2012, ("Effective Date"} by and behveeu Orange County, Narth Carolina, a body politic and corporate organized raider the laws of the State of Noah Carolina, (the "County"), party of the first part; and Andeliene Vienna Croce (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: Tlce services andlor materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Envuocunental Education The term of this agreement rendered shall be from March 1, 2012 to June 30, 2012. Provider represents and agrees that Provider is qualified to perfac•m 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 ec•rors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at uo 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. Pa ct~: 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 be 70 % of the total income from registration fees ft•om the Service, not to exceed one thousand seven hundred dollars ($1700.00). 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 tune to require the performance by Provider of any of the provisions hereof shall u~ 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 Noce-Waiver Clause. 3. Independent Conh•actor: 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. ~}. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately ucsure itself during the performance of these services as required by the County's Risk Management Policy. Revised September 2010 5. Ltdemnih~: The Provider agrees to defend, indemnify, and hold harmless Orange County from alt losses, liabilities, claims, demands, suits, costs, damages or expanses (includ'uig reasonable attorney's fees) arising from bodily injury, incladiug death, to any person or persons or damage to ot• destruction of any property caused in whole or in part by any negligent or intentional act a• omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties orb}~ the County upon writ#en 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 behveen the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governin Lg, aw: Both patties agree that this Agreement shall be governed by the laws of the State of Notch Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agt•eemeut sach litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. Non A~~ropriation: 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. Iii the event that public fiords 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 fiords. IN W)(TNESS WHEREOr, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE CO By: Coot anag r 200 S. Cameron S P.O. Box 8181 I-lillsborough, NC 27278 PROVIDER Title: l-,`l~ v t ~R.or~ t~~"~JK ~c.~ L"'~>a L~`~"2- This insh•ument. been approved as to technical content. David Stancil, Department Director Thisntsttumeut has been pre-audited in the manner requu•ed by the Local Govermnent Budget and Fiscal Control Act. C~G~-~ ~. ~~. Office of the Finance Director This ins • anent has been approved as to form and legal sufficiency. Office of the ou Attorney Revised September 2010 2