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Home My WebLink About2015-206-E Library - Magic by David for programming $475 DocuSign Envelope ID: 393945D5-8CEE-475D-BB74-D73E6ED75C88 [Departmental Use Only] TITLE Youth Services FY 2014 -2015 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 27th day of March, 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 Magic by David (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: Summer Reading Kickoff, face painting provided by 2 artists, 3 hours each at the Orange County Main Library/137 W.Margaret Lane/Hillsborough,NC 27278 The term of this agreement rendered shall be from June 6, 2015 @ 10:00 a.m. to June 6, 2015 @ 1:00 p.m.. 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, 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. Pam: 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 four hunderd seventy-five dollars, ($475.00). 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, withhold 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 performance by Provider of any 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 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. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 10/14 1 oonuSign Envelope ID: aoao4non-8oEE-4rno'ee74-oraEsEornoaa be required by Owner's Risk Manager oo such insurance requirements are described inthe Orange County Risk Transfer Policy and Orange County Minimum lnooronoo Coverage Requirements (000b document is incorporated herein by reference and may bo viewed at . If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall bo designated here n/o(if no additional insurance required nnodk N/A oo being not oppliooNo). Provider shall not oonnnnonoo work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. : The Provider ogr000 to defend, indemnify, and bold boonl000 Orange County from all losses, liabilities, oloinno, demands, suits, costs, damages or oxpon000 (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or doznogo to or destruction of any property 00000d in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying ou1Pnovidur`ydu1uyundoh|igudonyru|atudtoduBurviouytohuprovidudin this Agreement. (i : This Agreement may bo toonino1od at any time bv mutual written ogroonnont of the parties orbv the County upon written notice to the Provider. 7' Entire Agreement and Signatures: The ponioo have rood this Agreement and agree to be bound by all of its toono, and further agree that it oonodb400 the complete and exclusive statement ofthe Agreement between the podioo onl000 and until modified in writing and signed bvthe parties. Modifications may be evidenced by tolofbooinnilo signature. This Agreement together with any oznondnnonto or nnodiGoodono may be ox000tod electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Both parties agree that this Agreement shall bo governed by the lonro of the State of North Carolina. In determining the basic oond000 to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either party initiate litigation to ooUlo any dispute involving the toono of this Agreement such litigation shall be initiated inthe {]ononU Court ofJustice of North Carolina seated inOrange County,North Carolina. 10. Non Appropriation: Provider acknowledges that County is o governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority ofits 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 Coon* immediately upon written notice to Provider ofthe unavailability ondnon'oppropdodon of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 DocuSign Envelope ID: 393945D5-8CEE-475D-BB74-D73E6ED75C88 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER (—(Za.Signed by: (—T�;Signed by: By: BBL c,v' By: M htrS L t)epVfiHtW5D4Pector Title. IAM780224F0... 200 S. Cameron St. David Hersh P.O. Box 8181 3704 Carriage Manor Ct. Hillsborough,NC 27278 Wendell,NC 27591 Revised 10/14 3 000uSign Envelope ID: nene4non-8oEE-4rno'oo74-ornEsEo7nonn Lionstate Insurance Brokers U.B.A. Commercial General Liability Declarations Policy Number : pmo259B761-01 Named Insured � David Hersh D.B.A. Magic B9David 37O4 Carriage Manor Ct.Wendell N.C.Z7S9l Policy effective O3-04-2Ol5to 03'04-2018 begins and ends dates noted:at1I:81 a.m. standard tinme. Premium has been paid and was paid atinception. Commercial General Liability Declarations � / In return for the payment of the premium,we agree to provide you the insurance as stated. Each Occurrence Limit $500'000.00 Damage to premises you perform at $1OO,ODO.0O-any one premises. Medical expenses $10lOOO.8Q any person orpersons. Personal injury Limit $5OO,QQO.00 any persons urorganization. � Aggregate limit $500,000.00 Form mf Business : Magic show with live animals, Balloon twisting and face painting. � � This is to certify that this policy of insurance is afforded and pertains to the event scheduled through orange County Library.Orange County Library are additional insured in regards to General Liability.The above limits apply. ^—� L.L0"A. z20O American Lane Schaumburg' Illinois 6nz9s1oas -------------------------------------------- --------------____-------------------------------------------------------------------------------------------------------