HomeMy WebLinkAbout2013-136 Library - Proquest for Database $3,930 z--6Ya ,-y
[Departmental Use Only]
TITLE Adult and Teen Services
FY 1213
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 15th day of April, 2013, ("Effective Date") by
and between Orange County, North Carolina, a body politic and corporate organized under (lie laws of the
State of North Carolina, (the "County"), party of the first part; and ProQuest LLC (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: Culhrre Grams resource subscription as provided in attachment A as
referenced.
The term of this agreement rendered shall be from June 1,2013 to May 31,2014.
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 fiilly 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 nine hundred and thirty dollars, ($3930). 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: Tire Provider shall operate as an independent Provider, and (lie
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.
Revised July 2010 ]
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5. The Provider agrees N defend, iudemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, units, coots, damages or expenses (including reasonable
attorney's b:ey\ odmiug 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.
0` Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties orby the County upon written notice iothe Provider.
7. Entire Agreement: The parties have read this Agreement and agree iobo bound by all ufits
terms, and further agree that it constitutes the complete and exclusive stutcoo:u/ of the Agreement between
the parties unless and until modified in writing and signed hy the parties. Modifications may beevidenced
hytulcfacsiodlesignature.
8. Both parties agree that this Agreement shall bc governed by the laws ofthe
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms nfthis
Agreement such bdgnboo mbuJl he initiated in the {}cocrol Court of Justice of North Carolina seated in
Orange County,North Carolina.
9. Non Appropriation: Provider acknowledges that County is u governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. luthe event that public funds are unavailable and not appropriated for the performance ofCounty's
obligations under this Agreement, then this Agreement shall automatically expire without penalty tu County
immediately upon written notice 0o Provider of the unavailability and non-appropriation nfpublicfnnda.
IN WITNESS WHEREOF,�Orange County and the Provider have signed this Agreement,effective
umnf the day first written above.
ORANGE C UN PROVIDER
By:
� ==�
' mo 4�cr Title: ^u�^t,~^ '
200 8. Cn nSL Pno(]uem Ll�� `^ /
9.O. ]�oxOl8V 7x9B. Eisenhower Parkway
Hillsborough,NC 27278 Ann Arbor,&Yl48100
;This content.
me i
ucinda Munge/, Depart 7 rector
This instrument has bno4ru-oudbed in the manner required hy the Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
This cnand legal sufficiency.
Revised July zo/o
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