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Home My WebLink About2014-385 DEAPR - Laura Casey for art instruction $2,973 [Departmental Use Only] TITLE Creative Arts Classes FY 2014-15 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of July, 2014, ("Effective Date") by ;lnd between Orange County, North Carolina, a body politic and corporate organized under the laws of the ',mite of North Carolina, (the "County"), party of the first part; and Laura Casey (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hcreh\ 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 furri,,hed under this Agreement are as follows: art class instruciton The term of this agreement rendered shall be from August 1, 2014 to June 30, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable of p.-rformini, .uid providing the services required or necessary under this Agreement in a fully competent, professional :111d timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omission,.. i n the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepaln ie�. ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider sha t I n,�t sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right of 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 satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed t\v o- thousand, nine-hundred, and seventy-three dollars, ($2973.00). Payment shall be made within thirty ( ',()) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the term,, o I this Agreement, County may, without fault or penalty, withhold any payment associated with the work i o hc 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 im of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same. nor shal l any waiver by the County of any breach be held to be a waiver of any succeeding breach er a wai,�:r w' this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated 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 ot' any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Providk,r 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Lial'i 1IN Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as ui,n 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 (eacl- document 1 Revised 7/14 � T incorporated herein by reference and may be viewed at http://orangecoLintync.gov/purchasing,,ontracts.,i,,I,). If Owner's Risk Manager determines additional insurance coverage is required such additicnal insuran,.:c shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider Tall not commence work until such insurance is in effect and certification thereof has been re,.eived b� thy,, Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange C tiw\ from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasotrihiC attorney's fees) arising from bodily injury, including death, to any person or persons or damage t�� or destruction of any property caused in whole or in part by any negligent or intentional act or omission on thc part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreeme7it OI' the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement anJ agree 1., he bound by all of its terms, and further agree that it constitutes the complete and exclusive statement o' the Agreement between the parties unless and until modified in writing and signed by the parties. I hill Agreement together with any amendments or modifications may be executed electronically. All elecnom,. signatures affixed hereto evidence the intent of the Parties to comply with Article 11 A and Article 4 t >t North Carolina General Statute Chapter 66, 8. Priori : In determining the basic services to be provided, should any document, the referenced in this Agreement, the terms herein shall have priority in any conflict between the tertn,, ut' referenced documents and the terms of this Agreement. 9. Governin Law:aw: Both parties agree that this Agreement shall be governed by the laws of thr State of North Carolina. Should either party initiate litigation to settle any dispute involving tht,terms of th i,, Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated nr 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 kn\s. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter i ito a cola rac t with a contractor unless the contractor and the contractor's subcontractors comply with the requirement, ot' Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failur,- to maint� it compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provi(l,:r', breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance \�itl, Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and thy, validity of this Agreement is based upon the availability of public funding under the authority of its stawior\ mandate. In the event that public funds are unavailable and not appropriated for the performance of Couiir� , obligations under this Agreement, then this Agreement shall automatically expire without penz.lty to CoLiilt\ immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 3 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effe�:11\c as of the day first written above. ORANGE OUNTY PROVID By: By: County Manager 200 S. Cameron St. Lau?Caseyj P.O. Box 8181 2451 Sedgefield Drive Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 7/14 3