HomeMy WebLinkAbout2012-065 Library - Rags to Riches Theater Summer Reading Performanced0 ~ - CXoS
(Departmental Use Only]
TITLE Chiidren
FY 2011-12
ORANGE COUNTY
CONTRACT UNDER $10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1 st day of March, 2012 ,("Effective Date") by and
between Orange County, North Carolina, a body politic and corporate organized under the laws of the Sfate of
North Carolina, (the "County"), party of the first part; and Rags to Riches Theater (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: "The Disenchanted Dragon"- Summer Reading performance at the Orange County
Main Library.
The term of this agreement rendered shall be from Wednesday, June 13th, 2012 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. Pavment: The County agrees to pay at the rates specified for Services satisfactorily performed in
accor~ with this Agreement. The amount to be paid by the County shall not exceed ~;(icl< ilere to enl:,r tcx~. ,
($330.00). 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 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.
5. Indemnitv: The Provider agrees to defend, indemnify, and hold harmless Orange County from all
Revised July 2010
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. Governin~ Law: 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.
ORAN OUNT PROVIDE
~ _
By: By:
Fra Clifton n Manager Title:
200 S. Ca ro St. Rags to Riches ( dy Peters)
P.O. Box 181 P.O. Box 25500
Hillsborough, NC 27278 Durham, NC 27702/919-423-8696
This ins~nt has beexi~6roved as to technical content.
M
This instr~hent hasQ~pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
~l Q'-.~.,w J./ . /~
Office of the Finance Director
This in trument has been approved as to form and legal sufficiency.
Office of the ty Attorney
Revised July 2010 2