HomeMy WebLinkAbout2013-105 EDC - Chantez Neymoss for WordPress & Template on Ibiblio Installation & Implementation $999 , .
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TITLE WordPress on lbiblim
FY 13
ORANGE COUNTY
CONTRACT UNDER $1~000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this ||th day of April, 2013` ("Effective Date") by
and hetn'ouo Orange County, Y4udh Carolina, ubodv politic and corporate organized under the |uw'm of the
State of North Carolina, (the "County"), party of the first part; and ChauteoNcynn000 (the "Provider"), party
of the second part;
WUTYqESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the mnrviocy of the Provider, and the Provider agrees to provide the following services no the
County in accordance with the terms o{this Agreement,time being ofthe essence:
The services and/or materials and/or construction (hereinafter referred to collectively ms ^'Berviu:m")
to he furnished under this Agreement are as [o||ovvo: uomceumfbi installation and implementation of
WordPress and specific WordPress template on lbiblio.org, including successful migration of online database
from previous location on lbib|io.org to new Wnrd|rcom site on lbibUo.urg, help to staff with redirecting
\JRL (m±moruo8e.org) to new WordPreoo site on |hih|io.org, and minimal bc|p to staff with learning
WnodPremn. Total payment will be made in one lump sum when the p/udk is completed and upon receipt of
invoice uo described below.
The term o[this agreement rendered shall be from April 22, 20l3to June 30, 20|3.
Provider represents and agrees that Provider is qualified to perform and fully canu6|m of performing uod
providing the services required or necessary under this Agreement in u fully competent, professional and
dnmc|y manner tothe au1im[bcdou of/be County. Provider ohu|| be responsible for all errors or omissions, in
the performance of the /\gccemnunL Provider shall 000cut any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost iuthe County. Provider agrees that Provider shall not
sub-contract any of the services to he provided in this /\gn:emucrt, nor obaU Provider assign any right or
responsibility granted orrequired by this/\y7ecnooni,without the prior written approval of the County.
SPECIFIC TERMS
L : The County uAneoo to pay at the rates specified for Services adimfbok`ri|y
performed in accord with this /\Qrcerneot. The amount to be paid by the County obu|l not exceed nine
hundred ninety-nine dollars, ($999). Payment uhmU be made vvdbin 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 orpenalty, withhold any payment associated with the work to be performed uwd| such
time am said work is completed.
2. : 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 ahuO operate as an independent Provider, and the
County shall not he responsible for any ofthe Provider's acts or omissions. The Provider ahal| not hetreated
as on 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.
March 2012
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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 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 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 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 COUNTY PROVIDER
By: (4 -1 6'13 By:
Depar ent Director Title:
200 S. Cameron St. Chantez Neymoss
P.O. Box 8181 301 Hillsborough Road, Apt. B
Hillsborough,NC 27278 Carrboro,NC 27510
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
This in strum t has been approved as to form and legal sufficiency.
Of _e_of the County Attorney
March 2012 2