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Home My WebLink About2014-348 DEAPR - Hope Heverly for volleyball camp instruction $1,500 [Departmental Use Only] TITLE Volleyball Camp FY 201412015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 24th day of June, 2014, ("Effective Date") h\ and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Hope Heverly (the "Provider"), pail y o: the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hei-+\ contracts for the services of the Provider, and the Provider agrees to provide the following services to the 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: Volleyball 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 omissions. in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepan, .", ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider sha I I Ioi sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any riglit ur 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 satisfactoril� performed in accord with this Agreement. The amount to be paid by the County shall not exceed ooh, thousand, five hundred dollars ($50 per student), ($1500.00). Payment shall be made within thirty (30) LiA\, of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms or rh1, Agreement, County may, without fault or penalty, withhold any payment associated with the work to he performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider o1'an% of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same. n wr 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 shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be trc;ited as an employee with respect to the Services performed hereunder for federal or state tax, unemployment oi- workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll t,i\ (d any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Prov i,ic, 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liahiht� Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as rua\ 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 is Revised 9/13 1 incorporated herein by reference and may be viewed at http://orangecountync.gov/purchasin�/contracts.,il)). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider �!inll not commence work until such insurance is in effect and certification thereof has been received b\ the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange Co.int from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasor.,hlc attorney's fees) arising from bodily injury, including death, to any person or persons or damage r, of destruction of any property caused in whole or in part by any negligent or intentional act or omission ors th", part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement ut 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 ;A its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement betv,ven the parties unless and until modified in writing and signed by the parties. Modifications may be eviden,.ed by telefacsimile signature. 8. Priority: In determining the basic services to be provided, should any document,. he referenced in this Agreement, the terms herein shall have priority in any conflict between the term, d referenced documents and the terms of this Agreement. 9. Governing Law:aw_Both parties agree that this Agreement shall be governed by the laws or i h� 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. Provider shall at all times remain in compliance with all applicable 1oc�il. 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 corin icl with a contractor unless the contractor and the contractor's subcontractors comply with the requirement, of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Providcr', breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance \iih 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 statute ii, 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 Ccui iit� immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effect 1 C as of the day first written above. ORANGE COUNTY PROVIDER By: By: County Manager Title: 1 �tN 200 S. Cameron St. Hope Heverly P.O. Box 81$1 �" 4203-1A Hewitt St. Hillsborough,NC 27278 Greensboro NC 27407 This instrument has 4eq approved as to technical content. IV%-/ 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 instrumepLhos been approved as to form and legal sufficiency. X, Office of the County Attorney Revised 9113 3