HomeMy WebLinkAbout2013-192 Aging - David Sovero for Instructor $6,000 3
, .�x� �'����
,^~� �
[Departmental Use Only]
TITLE Senior Center Instructor
FY 2013-14
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this lmtday of July, 2013, ("Effective Du1o^`) by and
between Orange County, North CozoUn/4 u body politic and corporate organized under the laws ofthe State
of North Carolina, (the "County"), party ofthe first part; and David Boveru (de "Provider"), party ofthe
second part;
WKTNESSETH:
For the purpose and subject to the terms and conditions hereinafter met forth, the County bcrchy
contracts for the services of the Provider, and the Provider agrees to provide the /oOox'bmg services tnthe
County in accordance with the terms mf 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 uufollows: (ld Painting and Healthy Cooking classes
The term uf this agreement rendered shall be from July l`2Ol3b»June 3D,2Ol4.
Provider represents and agrees that Provider imonuificdto perform and fully capable ofperforming 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 mbo]l be responsible for all eonco or omissions, in
the performance of the Agreecoeut. Provider shall correct any and all errors, wzulmmious, discrepancies,
ambiguities, mistakes or conflicts uinu additional cost 0n the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor mbaU Provider uumigo any dzbt or
responsibility granted or required 6n this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
l. : The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid 6vthe County ahuU not exceed $6,000.00,
($48.00-painting course; $7.00-cooking class). Payment mbaU be made within thirty (3O) days wfun invoice
properly submitted to County. Should Provider fail boperform its duties under the terms of this Agreement,
County may, without fault ur penalty, withhold any payment associated with the work toho performed until
such time um said work is completed.
2. Non—waiver: Failure by County a1 any time to require the performance 6v Provider ofany
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 ucu waiver of
this Non-Waiver Clause.
3. Independent Contractor: The Provider mboD operate as an independent Provider, and the
County shall not bc responsible for any mfthe Provider's acts oromissions. The Provider shall not hetreated
as an employee with respect to the Services performed hereunder for federal or state tux, 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 1oadequately
insure itself during the performance of these services as required by the County's Risk Management Policy.
Revised |r zo|o
vv u l
v
" 5. The Provider agrees to defend, indemnify, and bold harmless Orange County
from all koamoa liabilities, olujnmu demands, uodm" costs, damages or cxpeuesm (including reasonable
fees) arising^ from bodily ^injury, including death to any person or persons or damage to or
destruction of any property caused in whole wrin part 6v any negligent or intentional act wromission on the
part of the Provider.
6. : This Agreement may{e terminated at any time by mutual written agreement of
the parties orby the County upon written notice 6m the Provider.
7 Entire AgLeeme : The parties have read this Agreement and agree to be bound by all ofits
tnmom, and further agree that it constitutes the complete and exclusive statement ofthe Agreement between
the parties unless and until modified bm writing and signed by the parties. Modifications may ke evidenced
6vtelefacainmUesignature.
Ui Law: Both parties agree that this Agreement shall be governed 6v the laws ofthe
State of North Carolina. Should either party initiate litigation to mettle any dispute involving the terms of this
Agreement such litigation shall be initiated in the General Court ofJustice of North Carolina seated in
Orange County,North Carolina.
9. Non Appropriatio : Provider uokonw(edgco 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
auof the day first written above.
ORAN��COUNTY PROVIIDF
200 S. Cameron St. 144 E. Tryon/St,Apt�l
P.O. Box 8181 Hillsboroug h,NC 27271&�
Hillsborough,NC 27270 Vendor#57151
This instrument has been approved umto technical content.
Janicr
This instrument has been pre-audited in the manner required 6vthe Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
ttr!:approved as to form and legal sufficiency.
Revised July z0/0 2