HomeMy WebLinkAbout2018-741 Human Rights Relations - Fairway Advertising billboard [Departmental Use Only]
TITLE Fair Housing Billboard
FY FY 18-19
ORANGE COUNTY
CONTRACT UNDER$5,000.00
NORTH CAROLINA
THIS AGREEMENT,made and entered into this P day of December,2018, ("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 Fairway Outdoor Advertising of Raleigh
(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 refs rred to collectively as "Services")
to be furnished under this Agreement are as follows: To print and display outdoor advertising as it relates to
billboard#2185, For the allotment of one[1]month(number of four(4)weeks).
The term of this agreement rendered shall be from December 3,2018 to December 30,2018.
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
X. P@Ment: 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 eight
hundred fifty dollars, ($850.00). 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
be required by County's Risk Manager as such insurance requirements are described in the Orange County
Revised 10/17(Mgr appiv 5k 6118) 1
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 fuzads.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORAN E O#NTY PROVID
By, 0 E
De artment hector
200 S. ameron St,
P.O.Box 8181
Hillsborough,NC 27278
i
Revised 10117[Mgr appry Sk 6/18) 3