HomeMy WebLinkAbout2013-193 Aging - Bruce Gillooly for Instructor $3,000 �.Al�;
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[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 |at day nfJuly, 2013, ("Effective I)a1e,^) 6vand
between Orange Count/, North Cun/Vuu, a body pV(ibo and corporate organized under the lm*a of the State
of North Cunn|io4 (the "County")` party of the first part; and Bruce GiUoo\y (the "Provider"), party of the
second part;
W8TNESSETH:
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 10 provide the following services to the
County io accordance with the terms of this Agreement,time being ofthe essence:
The services and/or materials (benyiouftcc referred to collectively as "Services") to be furnished
under this /\gn:ennemd are as follows: Z)unom and Pomcd (]luom Jewelry uleoaeo at the Orange County Senior
Centers
The term of this agreement rendered shall be from July l, 2013 to June 30,2O)4.
Provider represents and agrees that Provider im qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in u fully competent, professional and
timely manner tothe satisfaction of the County. Provider shall beresponsible for all errors or omissions, in
the pedomuuocc of the Agreement. PomWcx shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost tuthe County. Provider agrees that Provider mhuU not
sub-contract any of the services to be provided in this Agreement, nor mbaU Provider assign any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
L Paymen : The County ugmeco 0o pay at the odas specified for Services satisfactorily
performed in accord with this /\grceonmut. The amount to he paid by the County obaU not exceed three-
thousand duUucu, ($3,000.00). Payment sboU he made njdzin thirty (30) days of an invoice properly
submitted to County. Should Provider fail toperform 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 u» said work imcompleted,
7. : 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 abuU operate as an independent Provider, and the
County yboU not be responsible for any of the Provider's acts or omissions. The Provider shall not hmtreated
as an employee with respect tothe 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 u[the Provider.
4. Insurance: The Provider shall obtain, u1 its sole expense, all insurance needed toadequately
insure itself during the performance ofthese services ao required 6vthe County's Risk Management Policy.
Revised July zu/0 l
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 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 C U T PROVIDER
By: By: Bu r_t�, Gil
y- <Q
Con ty Manar Title: '1)Aun —,- !-,o r Y,r u c 7 o-
200 S. Cameron 346 Chatham Drive
P.O. Box 8181 Chapel Hill,NC 27516
Hillsborough, C 27278 Vendor#51330
This instrument has been approved as to technical content.
Janie ler, Departilient Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act,
1p,4_1 P AW-1
Office of the Finance Director
Thi i s me s been approved pproved as to form and legal sufficiency.
0-—fficl of the County Atto)ney
Revised July 2010 2