HomeMy WebLinkAbout2012-084 DEAPR - Andeliene Vienna Croce for Ecology Camp Instructor $1,200~o~~ '° ~`~
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[Departmental Use Only]
TITLE Ecology Camp Instructor
FY FY 2011-12
ORANG~ COUNTY
NORTH CAROLINA
CONTRACT UNDER $10,000.00
THIS AGR~EMENT, made aud eutered into tl~is 26th day of March, 2012, ("Effective Date") by
and behveen Orange County, Nort[~ Carolu~a, a body politic and corporate organized tuidei• tl~e laws of t}re
State af No~th Carolina, (tl~e "Co~u~ty"), party of tlie first part; and Andeiiene Croce (the "Provider"), party of
tl~e seco~id p~rt;
WITN~SS~TH;
For tl~e purpose aud subject to ti~e terms And conditions her$inafter set fo~~tl~, the County liereby
conU•acts for ti~e services of the Provedec~, and the Provider agrees to provide the follo~vi~ig services lo the
Coin~ty in Accordance ~vidi the terms of tliis Agreement, time beiitg of the esse~~ce:
T~e services find/oi• materials (hereinafter referred to collectively as "Se~vices") to be fi~ruished
undei• tliis Agreeme~it a-•e as follo~vs: Instruction for an ~cology Cam~~. Instructor ~vill receive $50 pe~•
registered child .
The term of this agreement rendered siinll be fi•om June 18, 2012 to June 22, 2012.
Provider represents ~nd agrees tt~at Provider is quali~ed to pe~~form and fiilly cfipable af performing aud
praviding tt~e services required or necessary u~ider ti~is Agi•eemeut in a fi~lly competent, professional auci
timely manner to tt~e satisfactiou of the County. Provider s[~all be responsible for all erroi~s or omissions, in
the performance of the Agreement. Provider shal) correct any and all errors, omissions, discrepancies,
ambiguities, i~ustakes or conflicts Tt. no additiona! cost. to die County. Provider agrees tl~at Provider shall not
sub-contract a~iy of tlte seivices to he provided in this A~•eement, noc• shall Provider assi~v any right or
responsibility grai~ted ar reqtti~~ed by this Agreement, ~vithout tlie prior written appraval of the County.
SPECIFIC T~RMS
l, Pa ment: The Cowity agrees to pay at the rntes speci~ed for Seivices satisfactorily
performed in accord ~vith this Agreement. The fllllOUilt f0 be paid by the Cotuity sl~atl not exceeci one
thousaud hvo )tuttdred dollsrs, ($1200A0). Payuient sltall ba made witi~in thirty (30) days of an iuvoice
properly submitted to County. Should Provider fail to perfor~n its duties under the terms of tl~is Agreement,
Cou~~ty may, without fault o~• penalty, witl~hold suy payment associated with the work to be performed uutil
suc~ time as said work is completed.
2. Non-~vaiver: Failure ~y Cowjty at any time to require tlie performance by Provider of any
of the provisions hereof s1~aEl in no way ~vaive or affect the County's riglrt hereunder to euforce the same, nor
shatl any ~~aiver Uy tl~e Coimty of auy breach be held to be a tvaiver of any succeediug breach or a~vaiver of
tiiis Nou-Waiver Clause.
3. Independent Coutracfor: Tl~e Provider shail operate as an independent Provider, and the
Cotuity sl~all not be responsible for any of the Provider's acts or omissions. Tl~e Provider shall iiot be treated
as an employee ~vitli respect to tl~e Services performed heceundar for federal or state taa, unemployment or
~~~orkers' contpensation purposes. The Pro~~idec understands t~at neither federal, nor state, nor payroll taY of
any kind shall be ~vitiil~eld or paid by the County o~~ belialf of the Provider or tlie e~np(oyees of die Provider.
4. Insurance: Tt~e Provider stzall obtain, at its sole expense, all insurance needed to adequately
iusure itself during the performa~~ce of these services as required Uy the County's Risk Manageme~it Policy.
Revised luly 2010
5. Indemnitv: The Provider a~•ees to clefend, indemnify, and liold h~nnless Orange County
fi~om all losses, liabilities, claims, demaiids, suits, costs, damages or e~penses (inc[uding reasonable
a[torney's fees} acising fi~om bodily injury, including death, to any person oi• ~ersons or damnge to or
destruction of any pi•operiy caused in tivliole or iii part by any negligeiit or inteititia~al ~ct oc omission o» tlse
part of t(ie Provider.
6. Termination: Tl~is Agreement m~y be terminated at any time by ~uutual n~ritteii agreement of
tlie parties or by tfie County upon ~vritteu notice to the Ai•ovider.
7. Entire A~•eement: The parties liave read this Agreeinent arid agree to be bound by all of its
ter»is, and firrther agree that it constitutes the complete ~nd e~clusive statement of the Agreement behveen
tl~e paities unless and until modifieci in ~vriting and signecl by the p~rties. Modifications ~nay be evidenced
by telefacsimile signature.
8. Governin Lg aw: Both pa~ties agree ihat this Agreement sl~all be goveened by the la~vs of the
State of No~~th Cai'O~IpA. Shoufd eitl~er pa~•ty initiate litigation to settle any dispute involving the terms of this
Agr•eeinent such litigation shal[ be initiated 'u~ tl~e Gec~eral Court of Justice of North Carolina seated in
Orange County, North Carolina.
9. Non Appt•opriation: Provider acknowEedges tllat Caunty is a~over~~mentat entity, and tl~e
validity of this AgreeEUent is based upon the availability of pubfic fiindi~ig imder the autlzocity of its statutory
mandate. In the event that public fiuids are unavailable and not appropriated for the perfannance of County's
obligations under this Agreement, tl~en this Agreemeut shal( automatically expire ~vithout ~enalty to County
iinmediately upon «~ritten notice to Providei• of the unavailaUility and non-~ppropriatioi~ of public fiuids.
IN WITNESS WI3EREOF, O~•ange County 1nd the Provider have signed tl~is Agreement, effective
as of tl~e day first ~vritten aUove.
ORANG C UNT
By:
County Mana
200 S. Cameron
P.O. Bos &181
Hillsborough, NC 27278
PROVID~R
By: ~~~~R-~--`'~-~'~t-
Title: ~ti~t2ur.~~~.~-t~-c_. (~vL~`7t92
This instru~nent l~as en ~~proved as to technical content.
~~
David Stancil, Department Director
Tl~is instrume~~t has been pre-auciited iu tlie manner cenuired by the Local Goverument Budget and Fiscal
Contro Act,
~ .(,..~-/' • /~ "
Office ofthe Finance Director
Tl~is in •ument I~as been approved as to form and legal sufficiency.
Office oi'the ou Attoi•ney
Revised Scptember 2010 2