HomeMy WebLinkAbout2012-083 DEAPR - Elena Marinina for Choral Camp Instruction $1,200ZD/,Z-a~
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(Departmental Use Only]
TiTLE Musfc Camps Instruction
FY FY 2011-12
OI2ANGE COUNTY
NORTH CAROLINA
CONTRACT iJND~R $20,Q00.00
TAIS AGItE~MENT, madc and entered into this 19t1~ day of JAnaary, 2012, ("Effective Date") by
and behveen OrAUge County, Nordi Caroiina, a body politic aud corporate organized under the laws of the
State of Noi~th C~rolina, (the "Coun .ty"), party of tiie first pai~t; and Elent~ Marinina (the "Provider"), ~arty of
the second pait;
WITN~SS~TA;
For the piu•pose and siibject to tt~e terms a~~d conditions liereinafter set foith, the Connty hereby
contrACts For the services of the Provider, ~nd the Provider r~grees to provide the following services to the
County in accordauce ~vittt t(~e terms of this Agreeme~~t, time beiu~ of the essence:
The services and/or materials (hereinafter refe~•red to collectively as "Services") to be fiu•nished
w~der this Agreement are As follo~vs: lnstructiou for a Cltoral CAmp nnd a Piauo Camp. Listructor tvil(
receive $SO per registered child .
Tk~e term of tl~is agreement rendered shall be f~•om June 1 l, 2012 to Juue 15, 2012.
P~•ovider represents and agrees tt~at Provider is qi~ali~ed to perform and fi~lly capable of performing and
providing the services i•eRuu•ed or necessaiy w~der tl~is Agreement in a fiilly competent, professional ancl
timely manner ta ttie satisfaction of the Coiu~ry. Pra~fider sl~all be responsible for 111 errors or omissions, in
the perform~uce of the Agreement. Provider shall con•ect any and all er•rors, omissions, discrepancies,
ambiguities, mistakes or contlicts at no additional cost to the County. Provider agrees that Provider shall not
suU-co~ztract any of tl~e services to be provided in this Agreement, nor shall Provider assi~~ any right or
eesponsibiliry granted or reqtiired by this Agreement, ~vithout the prior written auproval of the Connty.
SPECIFIC T~RMS
I. Payment: Tl~e County agrees to pay at the rates specified for Services satisfactorily
performed in 1cco~•d ~vitt~ this Agreement. The auiount to be paid by tf~e Cotuity sl~all not e.cceed one
tliousand hvo huncfred dollai•s, ($1200.00). Payment shall be mnde ~vithin tl~irty (30) days of a~~ invoice
properly submitted to County. Shoulcl P~•ovider fflil to perfor~n its duties under the terms of tliis Agreement,
County may, ~vithout fault or penalty, ~vithhold any payment associated ~vith the ~vork to be performed until
such tinte as said ~vork is contpl$ted.
2. No»-waiver: r~ilure by County at any time to require the performance by Peovider of any
of tl-e provisions hereof shall in na ~vay ~vaive oc affect tl~e County's right hereundec to enforce the same, nor
sliall any waiver Uy tl~e County of any breaeh be held to be a~vaiver of any succeecling breach or a~vaiver of
this Non-Waiver Clause.
3. Independei~t Contractor: The Provider sl~all operate as ai~ indepeudent Provider, and the
County si~all not be responsible for any of the Provider's acts or omissious. The Provider shall not be treated
as Tn employee witii respect to the Services performed l~ereunder for federal or state ta~, uuemployment or
~vorkers' compens~tion pm•poses. The Provider understands that neither federal, nor state, nor paycoll tax of
any kind sl~all be ~vitW~eld or paid by the Cotuity on behalf of the Provider or the e~nptoyees of the Pc•ovider.
4. L~surance: The Provider shaq obtain, at its sole eYpense, all i«surance needed to adequately
insure itself duriug the perForu~ance of tiiese services as required by tl~e County's Risk Manageinent Policy.
Re~ ised luly 2010
5. Indemnitv: The Provider agrees to defend, indemnify, and hold harmless Orange County
fi•om al[ losses, liabilities, claims, demands, suits, costs, damages ar expenses (including reasonable
attor~~ey's fees) arising from bodity injury, including cleath, to any person or persons or da~uage to or
destriiction of any property caused in ~vhole or in part by any negligent or i~~tentional act or omission on the
part of the Provider.
6. Te-•miuation: This Agreeme~tt may ~e te-•ni.inated at any time by mutuAl ~vritten agreemeiit of
the parties or by the Cow-ty upon written notice to the Provider.
7. Eutire A~•eement: The pai~ties have read this A~•eement a~zd agree to be bou~id by all of its
ter~ns, aud fiic~ther ~gree thAt it constitutes the complete aud eYCh~sive stateme~~t of the Agreement behveen
the partees unless and nntil modified in ~vritiug and si~~ed by tlie parties. Modifications n~ay be evidenced
by telefacsimite signahire.
8. Governing L~w: Both parties agree that this Agreement shali be governed by the laws of the
StAte of Noc~th Carolina. Should eitlier party initiate litigation to settle ~ny dispute involving the terms of this
Agreement such litigation sliaU be initiated in the General Co~n-t of Justice of North Carolina seated in
Ora~~ge County, NOC~}1 Cfll'OIIIIR.
9. Non A~sropriation; Provider ~claio~vledges that County is a gove--nmentnl entity, aud tl~e
validity of tbis Agreement is basecl upon ti~e Rvailability of p~~blic fimding ~mder the autliority of its stah~tory
mandate. Li t~e event that public fwtds are uuavailable and ~~ot appropriated for the pe~~form~nce of Couiity's
abligt~tions under this Agreemeut, tlien this Ag~•eement shall automatically e.cpu•e ~vithout penalry to Coi~nty
unmediately upon ~vcitten notice to Provider of the un~vailability and no-i-appropriation of public fiinds.
IN WITNESS WH~R~OI+, Orange County ~nd the Pcovider have signed tl~is Agreemei~t, effective
as of the day first written above.
ORANG COUNTY
By:
County Man
200 S. Cumeron t.
P.O. Bos 8 ( 81
Hillsboroug~, NC 27278
PR~VID~R
By:
Title: ~
TEus enstr-unent has ee~ approved as to teclmical content.
r ~
DAVIC~ StflI1CtI, Department Director
Tl~is instrument lias been pi~e-sudited in tJie manner required by die Loc~l Government Budget and Fisca)
Con o Act
G~ ~ -
O-ce of the Finance Director
Tlus iu unent has been a~proved as to farm aiid legal sufficiency.
Office of tl~e ou Attorney
Revised July 2010 2