HomeMy WebLinkAbout2013-096 Human Resources - Gulf Rim for Caterer for Service Awards $3,750 �a / 3r -a �l
1-4 Z
[Departmental Use Only]
TITLE Caterer/Service Awards
FY 2012-13
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 19th day of March, 2013, ("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 Jet Junction, Inc., DBA Gulf Rim Cafd (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 (hereinafter referred to collectively as "Services") to be furnished under
this Agreement are as follows: Buffet for 175 people to include tossed salad, herb-crusted pork loin, shrimp
penne pasta, beans, rice combo, bread and dessert. Beverages and salads will be served at the tables. Cloth
linens to include tablecloths for 15 8-person round tables with matching napkins; tableware including dinner
plates, salad plates, and glassware; silverware to include knives and forks. Location is the Central Orange
Senior Center, 103 Meadowlands Drive,Hillsborough,NC. Set-up is to be completed by 2:15 pm. Service staff
responsibilities include serving food, serving drinks at tables,clearing dishes and clean up.
The term of this agreement rendered shall be from April 12,2013 to April 12,2013.
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. 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 three thousand seven
hundred and fifty dollars, ($3,750). 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.
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.
Revised July 2010 1
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: 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 fluids 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.
ORANG71iTY PROVI DR
By: By:7 1� 14--->
County Manager Title: le
200 S. Cameron St. 111 VC— rt 6 hu on Street
�
P.O. Box 8181 Hills orouggh,NC 27278
Hillsborough,NC 27278
This instrumeRt has been approved as to technical content.
Nicole Clark,D artment Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
T approved as to form and legal sufficiency.
—Office of the County Attorney
Revised July 2010 2