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Home My WebLink About2015-190-E Library - The Society For Creative Anachronism, Inc. for Summer Reading Program kick-off $0DocuSign Envelope ID: 2BA27576-F122-4D4E-840E-64070184E6A4 [Departmental Use Only] TITLE FY 101913051MA1i THIS AGREEMENT, made and entered into this 14 day of April, 2015, ("Effective Date") by 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 The Society For Creative Anachronism, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth., the County hereby 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Attendance and performance at Orange County Public Library's Summer Reading Kick-off Event, to include musical performance, storytelling, and two demonstrations. Certificate of Liability Insurance attached. The term of this agreement rendered shall be from 9:30am to 1:30pm on Saturday, June 6, 2015, including set-up and clean-up. Performances to be conducted between 10am and 1prn. 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 at] errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right 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 satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed zero dollars, ($0.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, +w,ithhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the perforniance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereLinder 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 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 of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 10/14 DocuSign Envelope ID: 2BA27576-F122-4D4E-840E-64070184E6A4 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http,://orangecouii!yiic.gov/Dtirchasitip-/contracts.asL)!). If Owners Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 ornission on the part of the Provider in carrying out Provider's duties .and obligations related to the Services to be provided in this Agreement. 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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I I A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Prig±)L Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. In detennining the basic services to be provided, should any documents be referenced in or attached to this Agreerrient, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9, Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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 Caro,lina, 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 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. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID: 2BA27576-F122-4D4E-840E-64070184E6A4 IN WITNESS WHEREOF, Orange COUnty and the Provider have signed this Agreement, effective as of'the day first written above. 1-111 - 0 � Is "UM11100 DocuSigned by: BY: - vjx AtLo4� pakmvi*Di�ector 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/14 PROVIDER DocuSigned by: By: , N& Avyis Titl , &wwd4lo for BUckston-on-Eno The Society For Creative Anaerhonism, Inc. P.O. Box 360789 Milpitas, CA 95036 UI-F INbUHANUt tax:bluablu(h Apr 8 2010 01:15pm P001/001 DocuSign Envelope ID: 2BA27576-F122-4D4E-840E-64070184E6A4 OP ID: SB JMM CERTIFICATE OF LIABILITY INSURANCE DATE - 04101'20 I 115 , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN'D, EXTEND, OR ALTER THE COVERAGE AFFOROED ICY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( p, AUTHORIZED REPRESENTATIVE, OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the p6licy{ias) must be andorsed. If $U13ROGATION IS WAIVED, sw0ject to the farrn& and conditions of the policy, certain policies may require an endorsement- A statement on this cartificata titres not Confer rights to the C,ertlfiOate: holder in lieu of such endorsement(s)- PRODUCER CONTACT Cn3t Fritschi & Paterson Inc PHONNAME- F- FAX ise 6rand Avenue, Suite 230 -WIC, No Ext! L=--, NLzt Oakland, 'A 94510 i=-MAJL -ADDRE FKQQUa;Vt CmRSMMFR anz 51OCIE-3 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED The Society For Phjlaqq!phta InqtmqtLIns Co. Creative Anachronism, Inc. INSURER B! P.O. Box 360789 Milpitas, CA 9.5036. INSURER �C: INSURER 0: 1145URER E; INSURER F! cnVFRAr.F.q f'1WT?TII7If'ATP MI HVIRII Dmisr-Inki kil ISAM00. TH15 15 TO CERTIFYTHAT THE POL111CILLS, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDNG ANY REOLAREMENT, TERM OR CONDITION I ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFrORDED BY THE POUOIES DESCRIBED HEREN I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF NSUkANCC EFF �IPGLICYEXP—� =LTR11 IMA# wvr) POLICY NUMBER 11 -fyy) MMfDD[YYYY) I LIMITS 2!NNERAL LIII 'I'll, RRENCF � 991-OEOTO $ 1,000,mic X 7 Co� A 22MMERCIAL GENERAL UANLITY KLN T ILL) �Ea O=U77`5-"�; 100,0010 -PREMISES MED EAP (A'Vor* wt&l) COO( PHPKII 270049 12131120:14 12131120116 & AnV INJURY $ 1,000,00C _LERSC)NAL GENERALAC r RI $ 2,000,00C G&Pfl. AGGREGATF LIMIT APPLIES FIE R, $ 21000100( X7 Pou'Gy [�] PRO- El Loc AUTOMOBILE LIABIL17Y COMBINED SINGLE I-01T 1,000,000 A ANYAU70 $ 8(4 i LY INJURY (Per oer�on) X ALLOW NFOAUTO $ SCHEDULED AU70S PHIPIK127049 12J3112014 1213112016 500ILY INA�RY fP9r;)=d2rQ $ PROPERTY DAMAGE HIRFID AUTO,$ (PER ACCOIENT1 NON-OWNED AUTOS $ 4 UMBRELLA LIAS OCCUR I EACH OCCURRENCE s 10,()00,000 A �'cEsS L'A'S CLAIMS-MADE PHUB483627 1�?J3112014 121,3112015 AGGREGATE $ 10:,000,000 1 :C7 E: 'L tRETENT��:CN i I ............. . . EX $ 10,000 . . WORKERS COMPENSA-RON WC STATL- CIETH, ANP FM1F11.QYFRZ'UA0ft4rY YIN 5 ANY F.L. EACH AC00FIJ OFFICER,WE BEREKQJZECr NIA IM amatory It NH) EASE , �EAEMPLOYEE S 11 y", �Jqsv!;7* vr4,Rr E.L. DISEASE - POL1Ir-'Y LIN47 Ti DESCRIPTION OF OFERATION5 I I„OCATQNS f VIGNICLE5 (AftachACORD lol Additional Remmrk3 SchadLAO, ifMore apaice is requIrea) RE- ORANGE COUNTY PUBLIC LIB Y", 137 WEST MARGARET LANE, HILLSBOROUGH, NC ON JUNE 6, 2015 10'00 A-M, TO 1,00 20filliq ORANGE COUNTY PUBLIC LIBRARY 137 WEST MARGARET LANE HILLSBOROUGH, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WTH THE POLICY PROVISIONS. AUT140RLZGD (71983.2005 AGORD CORPORATION. All nights reserved, ACORD 25 (2009109) The AGORD name and llogo are registered marks Of A001RD