HomeMy WebLinkAbout2012-035 DEAPR - Erick Crepsac for Guitar Lessons $2000~~1~-03.~
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[Departmental Use Only]
TITLE Guitar Instructlon
FY 2d11/2012
ORANGE COUNTY
CONTRACT UNDER $10,000.00
NORTH CAROLINA
TAIS AGREEMENT, made and entered into this Sth day of January, 2012, ("Effective Date") by
and between Orange County, Noi~th Carolina, a body politic aud corporafe organized t~nder the laws of the
State of North Carolina, (the "County"), party of the first part; and Erick Crepsac (tlie "Provider"), party of
the second part;
WITNESSETH:
For the purpose and subject to the tertns and conditions hereinafter set fortE~, the County hereby
contracts for ti~e services of the Provider, and the Provider agrees to provide the follo~ving services to the
County in accordauce ~vith the tenns of tllis Agreement, time being of the essence:
Tlie services and/or materials (iiereinafter referred to collectively as "Services") to be furuisl~ed
under this Agreement are as follo~vs: Teach Acoustic, Electric Guitar Lessons, and Specialized Guitar,
The teim of ti~is agreement rendered shall be from Januaiy 5, 2012 to June 30, 2012.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services reyuired or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the Cotmty. Provider s~all be responsible for all errors or omissions, in
tlie performance of the Agreement. Frovider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at uo additional cost to tl~e County. Frovider agrees that Provider shalf not
sub-contract any of the sarvices to be provided in tliis Agreement, ~ior shall Provider assign any right or
responsibility granted or required by this Agreement, ~vithout the prior written appraval of the County.
SPECIFIC TERMS
l. Payment: Tl~e Cotmty agrees to pay at tlie i•ates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed hvo
thousand dollars, ($2000). Paytnent shall be made ~vithin tl~irty (30) days of an invoice properly submitted
to County. Stiould Provider fail to perfortn its duties under the terms of this Agreement, County may, witliout
fault or penalty, ~vithhold any payment associated ~vith tlie work to be performed until suc6 time as said work
is completed.
2. Non-~vaiver: Failure by County at any time to require the perfonnance by Provider oF any
of the provisions hereof shall in no way tivaive or affect the County's rig(~t hereunder to enforce the same, nor
shall any waiver by the County of auy breach be held to he a~vaiver of any succeeding breach or a~vaiver of
this Non-Waiver Clause.
3. Independent Covh•actor: The Provider shall operate as an independent Provider, and the
County stzall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee ~vith respect to the Services performed t~ereunder for federal or state tas, unemployment or
~vorkers' compensetion pe~rposes. The Provider understands that neither federal, nor state, nor payroli tax of
any kind stiaU be withheld or paid by the County on behalf of tlie 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 tiie County's Risk Management Policy.
Revised July 2010
5. Indemni : The Provider agrees to defend, uidemnify, and liold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, da~nages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to auy person or persons or damage to or
destre~ction of any property caused in whole or in part by any negligent or intentioi~al act or omission on the
part of the Provider.
6. Tern~ination: This Agreecnent may be terininated at any tune by mutual ~vritten agreement of
the parties or by the County upon ~vritten notice to the Provider.
7. Entire A•eement: The parties have read this Agreement and agree to be bound by all of its
tenns, and fiirther agree that it constitutes the complete and exclusive statement of tha Agreement beriveen
the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced
by telefacsimile signature.
8. Governin L~ a~v:_Both parties agree that this Agreement sha[1 be govenied by the laws of the
State of North Carolina. Should eitlier party initiate litigation to settle any dispute involving the terms of ttus
Agreement such litigation shall be initiated in ti~e Generat Court of Justice of Nort~ Carol'tna seated in
~range County, Nortt~ Caro[in~.
9. Non Anpropriation: Provider acknowledges that County is a governmental entity, and the
validity of tl~is Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event tliat public funds are unavailabte and not appropriated for !he performance of Couuty's
obligations under tliis Agi•eement, then tl~is Agreement shall automatically expire ~vithout penalty to County
irnmediately upon written notice to Provider of tlte unavailability and non-appropriation of public fiinds.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first writte-~ above.
ORANG COUNTY
By:
Coui~ anager
200 S. Cameron St.
P.O. Box S 181
Hillsborough, NC 27278
PROVIDER
By: C~~~ ~~. ~~~'
Title: ~vrh~-' Tns ~o~lor
Erick Crepsac
Guitar Instn~ctor
This instrument has b pproved as to technical content.
~
David Stancil, Department Director
This instrument lias been pre-audited in the manner renuired by the Local Government Budget and Fiscal
Coutrol Act. .
lt~.w ~ ~-,
Offiee of the Finance Director
This in trument has beeu approved as to form aud lagal suff"icieucy.
ffiee of tf~ Co nty Attorney
Revised July 2010 2