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HomeMy WebLinkAbout2013-227 DEAPR - Laura Casey for Creative Arts Camp $2,000 � ­7 4e44I [Departmental Use Only] TITLE DEAPR SP ART FY 2M13U14 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 2lut day uf July, 2Ol3, (^^EtfeotivcDate°)hvand between Dcuuge County, North Carolina, xbodv politic and corporate organized under the {up/a of the 8to1u of North Carolina, (the "County"), party ofthe first part; and Laura Casey (the "Provider"), party ofthe second part; W ITN E 0 SE 1[H: For the purpose and mo6icot to the terms and conditions hereinafter mci forth, the County hereby contracts for the services of the Provider, and the Provider agrees 10 provide the following services tuthe County in accordance with the temmo of this Agreement,time being oy the essence: The services and/or noat«du\o (hereinafter referred to collectively as "Services") to he furnished under this /\@recnueot are as fbUovvm: Creative Art Camp Instruction, Ioounoto, will receive $50 per registered child. The term of this agreement rendered shall be from July l, 2013 to August 30, 20I4. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary oodwc this Agn:enmcmd in a fully competent, professional and dnze}v manner to the outimDxcdoo of the County. Provider sbuU be responsible for all errors or omissions, in the performance of the Agreement. Provider aboU correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts u1nm additional cost to the County. Provider agrees that Provider shall riot sub-contract any of the services to be provided in this Agreement, our ubuD Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS L : The County agrees to pay at the rates specified for Services mo1iofackzri|v performed in accord with this /\gcccrneoi. The amount to he paid by the County shall not exceed two thousand ` ($2000.00). Payment shall be made within thirty (3O) days ofao invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this /kgcceroeut` County onuy" without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. : Failure by County at any time to require the performance by 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 or a waiver of this Non-Waiver Clause. 3[ Independent Contractor: The Provider mbuU operate as an independent Provider, and the County mbaD not he responsible for any of the Provider's acts oromissions. The Provider shall not be treated as an employee with respect to the 8crviuoo 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 o,paid 6v the County ou behalf ofthe Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at by sole nxpwuxe" all insurance needed to adequately insure itself during the performance of these services as required 6y the County's Risk Management Policy. Revised July zo\o l 5. The Provider agrees to defend, indemnify, and hold harmless Orange County from u|-1usoeao, 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 o f any in whole or in part hv any negligent or intentional act or omission on the part of the Provider. 6. : This Agreement may be terminated at any time by mutual written agreement of the parties ocbv the County upon written notice to the Provider. 7, Entire Agreement: The pudinm have read this Agreement and agree to he bound by all of its tenuu" 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 hvtc|cfaosinuilc signature, 8. Both parties agree that this Agreement shall be governed bv the laws ufthe State of North CucoUou. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation mbu8 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 agovecnuzeotu| 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 10 Provider of the unavailability and non-appropriation ofpubDufbodm. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective usof the day first written above. ORANGE NT R0�00� By: 7ml By: County Manag Title: 200 S. Cameron Laura Casey P.O. Box 8l0i / Creative Art Camp Instruction Hillsborough,NC 27278 This technical content, d4lzqA(� David Staoud, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. AA Office uf the Finance Director This instrument h been wd as 1n form and legal sufficiency. OffijW_�f the County Attorney Revised July m/n 2