HomeMy WebLinkAbout2013-228 DEAPR - Phillip Cox for Ecology Camp Instruction $1,500 =Z
[Departmental Use Only]
TITLE Ecology Camp
FY FY 2013-14
ORANGE COUNTY
CONTRACT UNDER $10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this lat day ofJuly, 2013` ("Effective [)atc") by and
between Orange County, North Carolina, u body politic and corporate organized under the |uwe of the 8tmr
of North Carolina, (the "County"), party of the first part; and Phillip Cox (the "Provider"), party of the
second part;
W8TNEBSETH:
For the purpose and subject 10 the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the fhUu.wioA services to the
County in accordance with the terms of this Agreement,time being of the essence:
The services and/or muutmriuim (hereinafter referred to ooDooiive|v as "Services") to he furnished
under this Agreement are am follows: Instruction for Ecology Cunop(m).
The term ofthis agreement rendered ebuU be from August 12, 2013 0o August lh, 2013.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this /\gcceoocut in u fully competent, professional and
timely manner tothe uutiaOyodnu of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider xbai| correct any and all errors, omissions, discrepancies,
uozbignidcm, mistakes or conflicts at no additional cost tu the County. Provider agrees that Provider ohuU not
sub-contract any of the services to be provided in this Agreement, nor ohnU Provider uaoigu any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
1— PUmen : 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 fifty dollars
per registered child upto one thousand five hundred dollars, ($1500.00). Payment shall he made within
thirty (30) days ofuo invoice properly submitted bzCounty. 8boo|d Provider fail toperform its duties under
the terms of this Agreement, County may,without fault or penalty,withhold any payment associated with the
work toheperformed 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
ubmU any waiver bvthe County o[any breach hc held to hea waiver ofany succeeding breach wru waiver mf
this Non-Waiver Clause.
]i Independent Contractor: The Provider shall operate as an independent Provider, and the
County shall not hc responsible for any ofthe Provider's acts oromissions. The Provider shall not hetreated
as uo employee with respect to the Services performed hereunder for federal oc state tax, unemployment or
workers' onmupeouu1iou 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 per[000uooc of these services as required by the County's Risk Management Policy.
ne i o� /y zo|o
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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: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 COUNTY PROVIDER
By: By: O
County Manager Title: i
200 S. Cameron St. 603 Flint Ridge Road
P.O. Box 8181 Siler City,NC 27344
Hillsborough,NC 27278
This instrument has n approved as to technical content.
" �Fy
David Stancil, Department Director
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 instrum t has been approved as to form and legal sufficiency.
O ce of the County Attorney
Revised July 2010 2