HomeMy WebLinkAbout2012-075 Human Resources - SafeSkills for Keeping Safe Training $1,690t '
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[Departmental Use Only]
TITLE Safe Skills
FY 2011-12
ORANGE COUNTY
CONTRACT UNDER $10,000.00 ~
NORTH CAROLINA ~
THIS AGREEMENT, made and entered into this ~°~ day of Vl~.a-t~ ~, 2012, ("Effective
Date") by and between Orange County, North Carolina, a body politic and corporate organized under the
laws of the State of North Cazolina, (the "County"), party of the first part; and Safe Skills, Inc. (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 terxns of this Agreement, time being of the essence:
The services and/or materials (hereinafter referred to collectively as "Services") to be fumished
under this Agreement are as follows: Keeping Safe: Defensive Techniques when Encountering Violence,
location: Orange County Central Recreation Center, 300 W. Tryon Street. Hillsborough, NC, time: 8:30 am -
12:00 pm. Minimum class enrollment is ten (10) employees. Two classes to be offered between March 20,
2012 and June 30, 2012. Budget Account # 10295020/720016.
The term of this agreement rendered shall be from March 20, 2012 to June 30, 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 a11 errors or omissions, in
the performarice 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
perforxned in accord with this Agreement. The amount to be paid by the County sha11 not exceed one
thousand six hundred ninety and no/100, ($1,690.00). Payment shall be made within thiriy (30) days of an
invoice praperly 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. Indenendent 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.
Revised July 2010
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4. Insurance: The Provider shall obtain, at its sole expense, a11 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 losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attomey`s fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any properly 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 Aareement: 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. Govemin L~ aw: 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 sha11 automatically expire without penalty to Counry
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 CO
By:
200 S. Cameron ~.
P.O. Box 8181
Hillsborough, N~ 27278
PRO VIDER
By:
Title: zs,•
Safe Skills
P.O. Box 61643
Durham, NC 27715
This instrument has been approved as to technical content.
Sharon Goode-L ' ure, Departrnent irector
This instrument has been pre-audited in the manner required by the Local Govemment Budget and Fiscal
Control Act.
~ ~'~'"- ,~' i~ `"-
Office of the Finance Director
This instrument has been approved as to form and legal sufficiency.
Revised July 2010 2
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Office f the Co ty Attorn
Revised July 2010