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Home My WebLink About2012-141 HR - Jason Deli Employee LunchORANGE COUNTY �d / .Z - / 3_1*/� HR [Departmental Use Only] TITLE Employee Wellness Event FY 2011 -12 CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of June, 2012, ( "Effective 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 Jason's Deli (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 (her m fter referred to collectively as "Services ") to be furnished under this Agreement aratered box lunches to include a sandwich, chips, fresh fruit cup, and utensil packet an 800 @ a rate of $7.38 each. Sandwich selections will include turkey or ham and tomato, and vegetarian/Garden sandwich; Bread selection should be wheat or deli roll. Sandwiches are to be wrapped in paper. In addition to the box lunches, iced tea (sweetened and unsweetened) and ice is to be provided for approximately 300 -400 people at no cost to the County. Cups will be provided by the County. Meals are to be delivered to the Farmer's Market Pavillion, next to the Government Services Center, 200 S. Cameron Street, Hillsborough and the sheriff s office no later than 11:00 am on Friday, June 15, 2012. The term of this agreement rendered shall be from June 15, 2012 to June 15, 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 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Five thousand, nine hundred four dollars and no /100, ($5,904.00). 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. Revised July 2010 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. Indemnity: 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 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. Governing Law: 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 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 COUN By: Frank h or 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 2 JrA County Manager 8 PROVIDER By:' q Title: Jason's Del This inst ent has een approved as to technical content. Sharon Laisure, erim Human source, Department Director Revised July 2010 2 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Clarence G. Grier, Office of the Finance Director Thii in trume has een approved as to form and legal sufficiency. Ann tte M. e, Office o he County Attorney Revised July 2010 - -)41 ORANGE COUNTY - CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Jason's Deli Party/Vendor Contact Person: Olivia Willard Contact Phone: (919) 710 -5422 Party/Vendor Address: 0 5408 New Hope Commons Drive City Durham State: NC Zip: 27707 Department: Human Resources Amount: $,5904.00 Purpose: N <--- -- Budget Code(s): Vendor # (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 05/25/12 Approved by Board Yes❑ No❑ Agenda Date: Title of Contract: Representation Agreement for OC v. Hillsborough Appeal If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes[:] No❑. If submitted for bid were bids/RFPs received Yes❑ No❑ Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: jS • r Department Director's Signature: Date: (c, IT Director (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; ❑ OR No Insurance Required E]. Hold Contract pending receipt of Certificate of Insurance ❑. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature: Date: Financial Services This Contract is condition d upon appropriation by the Board of Commissioners Yes❑No A budget amendment is necessary before approval Yes❑ NOE If budget amendment is necessary, please attach to this form. This instrument has been pre- audited in the manner required by the Local Government Budg t and Fiscal Co trot ct: Financial Services Director's Signature: G�"�"dj� Date: County Attorney Approval by Board ❑ (Con a s over $90,000.00 for goods or services, $250,000.00 for construction, or any BOCC consultant contract). Approval by Man a X(Al ther contracts). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: (o t 2 County Manager This contract has been reviewed and is approved by the County Manager Yes o ❑. This contract has been reviewed and is to be submitt for BOC sideration Yes❑N-WfLf� Manager's Signature: Date: Clerk to the Board Approved by BOCC on the _ day of 20 . Submitted for Chair signature on the day of , 20 Clerk's Signature: Revised April 2010 Date: