HomeMy WebLinkAbout2012-405 DEAPR - Wynette Clark for Dance Instruction $1,645 1 ' 41
[Departmental Use Only]
TITLE Dance Instruction
FY 2012-13
ORANGE COUNTY
CONTRACT UNDER$1,000.00
NORTH CAROLINA
THIS AGREEMENT, nnade and entered into this 14 day of Nov,2012, ("Effective Date") by and j
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 Wynette Clark (the "Provider"), party of the
second pail;
WITNEi SSETH:
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 and/or construction (hereinafter referred to collectively as"Services")
to be fin-nished under this Agreement are as follows: Dance Instruction
The term of this agreement rendered shall be from Nov 14,2012 to June 30,2013.
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. P4yine at: 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 Otte
thousand six hundred and forty-five dollars,($1645.00). 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. Nan—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.
A. 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,
March 2012 1
5. Indemni : 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 oil the
part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in
this Agreement.
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 td 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 AteI—ro riation: Provider acknowledges that County is a goverunental entity, and the
validity of this Agreement is based upon the availability of public finding 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, therm this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public fluids.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE COQ PROVIDER
By: q4__I By:
Department Director Title:
200 S.Cameron St.
P.O. Box 8181 ORAING TY
Hillsborough,NC 27278
By:
Frank ifton, u ty, anager
This instrument has been pre-audited in the manner required by the Local Gover inneunt Budget and Fiscal
C01111'0 Act.
Office of the Finance Director
This inst cnent has been approved as to form and legal sufficiency.
Office of the N Ity Attorney
March 2012 2