HomeMy WebLinkAbout2014-332 DEAPR - Wayne Leonard for theater camp $1,500
[Departmental Use Only]
TITLE Theater Camp
FY 2014/2015
ORANGE COUNTY
CONTRACT UNDER $15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 25th day of June, 2014, ("Effective Date') h\
and between Orange County, North Carolina, a body politic and corporate organized under the laws of lic
State of North Carolina, (the "County"), party of the first part; and Wayne Leonard (the "Provider"), pare .,1
the second part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County he-,,+\
contracts for the services of the Provider, and the Provider agrees to provide the following services tc t!lc
County in accordance with the terms of 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 as follows: Theater Camp Instruction
The term of this agreement rendered shall be from July 1, 2014 to July 30, 2014.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing 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 shall be responsible for all errors or omissior�,. in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepa-n icy.
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shat I not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any riglit or
responsibility granted or required by this Agreement, without the prior written approval of the County.
SPECIFIC TERMS
1. Payment: The County agrees to pay at the rates specified for Services satisfactt,rlk
performed in accord with this Agreement. The amount to be paid by the County shall not exceed Inc
thousand, five hundred dollars ($50 per student), ($1500.00). Payment shall be made within thirty (30j
of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms or[hi;
Agreement, County may, without fault or penalty, withhold any payment associated with the work w 11c
performed until such time as said work is completed.
2. Non—waiver: Failure by County at any time to require the performance by Provider of an%
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 wai<ci `,t.
this Non-Waiver Clause.
3. Independent Contractor: The Provider shall operate as an independent Provider, and 111C
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be ti-.,ai k,d
as an employee with respect to the 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 of the Prov icier
4. Insurance: Provider shall obtain, at its sole expense, Commercial General Li;1111\
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as i io
be required by Owner's Risk Manager as such insurance requirements are described in the Orange Count
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document ill
Revised 9/13 1
incorporated herein by reference and may be viewed at http://oran,ecountync.g_ov/purchasing/contracts.�i, ,i
If Owner's Risk Manager determines additional insurance coverage is required such additional insure roc
shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider Ir ll
not commence work until such insurance is in effect and certification thereof has been received b• dic
Owner's Risk Manager.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange Cou,il�
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reason�thlc
attorney's fees) arising from bodily injury, including death, to any person or persons or damage io oi
destruction of any property caused in whole or in part by any negligent or intentional act or omission on d c
part of the Provider.
6. Termination: This Agreement may be terminated at any time by mutual written agreemet,t 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 o I i t
terms, and further agree that it constitutes the complete and exclusive statement of the Agreement betm c,.-ii
the parties unless and until modified in writing and signed by the parties. Modifications may be evider,oed
by telefacsimile signature.
8. Priori 1y: In determining the basic services to be provided, should any documents he
referenced in this Agreement, the terms herein shall have priority in any conflict between the term, ,I
referenced documents and the terms of this Agreement.
9. Governing Law: Both parties agree that this Agreement shall be governed by the laws ct the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of t I;
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated n
Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local.
state, and federal laws, rules, and regulations including but not limited to all anti-discrimination
Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a corm,t.t
with a contractor unless the contractor and the contractor's subcontractors comply with the requirement, ,I
Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to mainui, i
compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Proviacr
breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance ,\It 1i
Article 2 of Chapter 64 of the North Carolina General Statutes.
10. 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 statt.rt(�r�
mandate. In the event that public funds are unavailable and not appropriated for the performance of Count"',
obligations under this Agreement, then this Agreement shall automatically expire without penalty to Cotuit\
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13 2
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effec11
as of the day first written above.
ORANGE COUNTY PROVIDER
By: /��2—° By.
County Manager Title:
200 S. Cameron St. Wayne Leonard
P.O. Box 8181 2501 Pleasant Green Rd.
Hillsborough,NC 27278 Durham NC 27705
This instrument has been approved as to technical content.
4�9tp
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 Chief Financial Officer
This instru nt ha pproved as to form and legal sufficiency.
ice of 4reCounty Attorney
Revised 9/13 3