HomeMy WebLinkAbout2013-186 DEAPR - Phil Cox for Enviornmental Summer Camp $1,200 [Departmental Use Only] -
TITLE EmvimmmmmentaVCammp
FY 2013
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this lOdx day of April. 2013, ("Effective Date") by
and between Orange County" North Carolina, aho6v politic and corporate organized under the |uvva of the
State of North Carolina, (the "County"), party ofthe first part; and Phil Cox (the "9nzvidc/')' party ofthe
second part;
WXTNESSETH:
For the purpose and subject 10 the terms and conditions bcrciuuOer set forth, the County hereby
contracts for the services of the Pcovidcr, and the Provider agrees to provide the following services tothe
County in accordance with the terms of this Agreement,time being ufthe oomcucc:
The worviucm and/or nmu1eriu|a (hereinafter referred to collectively as "Services") 10 be furnished
under this Agreement are um follows: Bvionucutal Camp Coordination
The term of this agreement rendered shall be from June 17, 2013 to June 21, 2013.
Provider represents and agrees that Provider is guabficdtuperform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner 0othe satisfaction ofthe County. Provider shall be ccop000ib\o for all errors or omissions, in
the pc,h000uuue of the Agreement. Provider mba|\ uVomot any and all enn,o, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost tothe County. Provider agrees that Provider shall not
sub-contract any of the services to he provided in this /\gyccoucnt` nor sbuU Provider assign any dub1 or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
[ Pqymen : The County agrees to pay at the ru1cm specified for Services satisfactorily
performed in accord with this AQ7eezucoL The amount to he paid by the County abu}l not exceed one
thousand two hundred duUu,n. | $50.00 per max of 24 participants], ($1200.00). Payment shall be made
within thirty(]0)days ufuu invoice properly submitted to County. Should Provider fail h`perform its duties
under the tcoom 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. : Pui|ooc 6v County mt any time to require the perh000umce by Provider ufany
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.
]L Independe t 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 betreated
as an employee with respect tnthe Services performed hereunder for federal or state tax, oomnuplVymnemt or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall bc withheld or paid by the County oo behalf of the Provider no the employees ofthe 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 6v the County's Risk Management Policy.
Revised July uo/o
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 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.
ORANG O PROVIDER
By: By:
County Man rr Title: flu
200 S. Cameron Phil Cox
P.O. Box 8181 Enviornmental Camp Coordinator
Hillsborough,NC 27278
This instrument hoK4en approved as to technical content.
David Stancil,Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Act. 1�_A
el/ /
P, "v"''
Office of the Finance Director
This instru as been approved as to form and legal sufficiency.
Of e of the County Attorney
Revised July 2010 2