HomeMy WebLinkAbout2012-063 Library - Dave Gulick for Summer Reading Program~ tz -o~
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[Departmental Use Only]
TITLE Carrboro Branch
FY
ORANGE COUNTY
NORTH CAROLINA
CONTRACT UNDER $10,000.00
TffiS AGREEMENT, made and entered into this 20th day of February, 2012, (`Bffective 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 Da~e Gulick (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 accardance with the terms of this Ageement, time being of the essence:
The services and/ar materials (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: Summer Reading Program performance by Dave Gulick, "Birdman
Dave" ------.~~_ _._._._
__---,
The term of this agreement rendered shall be from l0am to 10:45am on Saturday July 21, 2012.
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
l. Pavment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accard with this Agreement. The amount to be paid by the County shall not exceed three
hundred seventy five dollars, ($375). 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 far 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 t~, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll t~ 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
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5. Indemni : 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 ar persons or damage to or
destruction of any property caused in whole ar 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 ar by the County upon written notice to the Provider.
7. Entire Ag,reement: The parties ha~e 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 Ageement 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 A~propriation: 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 OUNT
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By: ~
tY g
200 S. C ero St.
P.O. Box 8181
Hillsborough, NC 27278
PROVIDER
By: ~
Title:
Dave Gulick
401 E 8th St, Ste 214-476
Sioux Falls, SD 57103
This ~r~.e~t l~yY~n approved as to technical content.
Director
This i~istrument h~~en pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
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Office of the Finance Director
This in trument has been approved as to form and legal sufficiency.
Office of the Co ty Attorney
Revised July 2010
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