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Home My WebLink About2019-077-E Tax Admin - Larry Weaver Entertainment regional tax meetingRevised 12/18 1 [Departmental Use Only] TITLE Larry Weaver EPTA FY 2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 LARRY WEAVER EPTA NORTH CAROLINA THIS AGREEMENT, made and entered into this 12 day of February, 2019, (“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 Larry Weaver Entertainment (the "Provider"), party of the second part; W I T N E S S E T H: 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: Provide 20-30 minutes performance titled Maintaining a Positive Attitude during the Eastern Piedmont Tax Association meeting on March 28, 2019, in accordance with Personal Appearance Rider #33185, which is attached to this Agreement. Estimated performance time frame of 7:30pm - 8:00pm. The term of this agreement rendered shall be from 2/12/19 to 3/31/19. 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. 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 five hundred, ($500). County shall pay Provider in full by or before March 28, 2019. 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. DocuSign Envelope ID: 2102FF3F-123F-4D5F-9A87-A78886048973 Revised 12/18 2 4. Indemnity: The Provider agrees, without limitation, 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 omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 5. 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. County may suspend this Agreement upon reasonable notice to Provider. 6. 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 eviden ce the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 7. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services 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. 8. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. 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. 9. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. DocuSign Envelope ID: 2102FF3F-123F-4D5F-9A87-A78886048973 Revised 12/18 3 ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. 2501 Cherry Blossom Drive P.O. Box 8181 Durham, NC 27703 Hillsborough, NC 27278 DocuSign Envelope ID: 2102FF3F-123F-4D5F-9A87-A78886048973 President Page 3 Retain original. Fax copy to 800-680-2769 or scan as PDF and email to larry@trustedspeakers.com QUESTIONS? Contact Larry Weaver using the number or email above. Larry Weaver Entertainment, LLC | 2501 Cherry Blossom Drive | Durham, NC 27703 Personal Appearance Rider #33185 Larry wants you to have the best performance possible. A successful performance requires 1) a quality sound system, 2) an audience seated closely together near the stage area, and 3) the elimination of all distractions. Technical and Staging Requirements: The Purchaser agrees to furnish and fulfill, at its sole cost and expense, the following requirements for the Performance, each of which is determined to be a material and essential term of the Performance Contract: o Sound: A complete, working sound system which shall include: x 1 (one) hand-held microphone. If corded, please provide plenty of cord to move about freely. x 1 (one) microphone stand (not attached to lecturn). x Someone available who knows how to set up and operate the sound system. o Stage: A clean, flat area to perform, approximately 8 ft by 8 ft. A raised platform is recommended for ease of audience viewing if the audience exceeds 100 people, but a raised platform is not required. x It is absolutely critical that the audience is seated near the Speaker. Any distance between the Speaker and audience will reduce the quality of everyone’s experience. x Position the first row of the audience no more than five feet from the edge of the stage area. Larry would like to be able to “high-five” people in the front row. x Place all tables or seating comfortably close together. Remember: laughter is contagious. o Lighting: If possible, use lighting to illuminate the stage area. Or keep all house lights “up”. This will help the audience see the Speaker’s facial expressions. o Introduction: Have someone from your organization introduce the Speaker. x If serving a meal, wait until people are finished eating before introducing the Speaker. Optional: o Video: [If available] Laptop, video projector, and projection screen appropriate to venue size. Speaker will provide PowerPoint presentation on USB drive. This will be used if available, but is not required. Please do not incur additional expense. Additional: o Planned topic: Maintaining a Positive Attitude. It will be about half humor and half content – very comedic in nature. o Purchaser may download and use flyers, photos, introduction and bio information from www.trustedspeakers.com/proposal.asp?pro=33185 o Speaker is happy to socialize with attendees following the performance, but may prefer quiet time prior to the performance in order to prepare. He will remain nearby and easily accessible (adjoining room, foyer or backstage, for example). o If you want the best possible audience reaction, promote the comedy show and the Speaker ahead of time. The entertainment should not be a surprise. Agreed by Purchaser: _________________________________________________ Date: _____________________ DocuSign Envelope ID: 2102FF3F-123F-4D5F-9A87-A78886048973 2/13/2019 Larry Weaver Entertainment, LLC 2501 Cherry Blossom Drive Durham, NC 27703-8186 800-680-2769 INVOICE 33185A 1/31/2019 BILL TO INSTRUCTIONS Orange County Tax Office 228 S Churton Street Hillsborough, NC 27278 Purchaser shall remit deposit to secure Performance. Make checks payable to “Larry Weaver Entertainment, LLC” and mail to Larry Weaver, 2501 Cherry Blossom Drive, Durham, NC 27703 QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 DEPOSIT for Larry Weaver at Eastern Piedmont Tax Association Meeting $250.00 $250.00 TOTAL $250.00 TOTAL DUE BY 2/28/2019 QUESTIONS? Contact Larry Weaver 800-680-2769 or larry@trustedspeakers.com Thank you for your business! DocuSign Envelope ID: 2102FF3F-123F-4D5F-9A87-A78886048973 Larry Weaver Entertainment, LLC 2501 Cherry Blossom Drive Durham, NC 27703-8186 800-680-2769 INVOICE 33185B 1/31/2019 BILL TO INSTRUCTIONS Orange County Tax Office 228 S Churton Street Hillsborough, NC 27278 Make checks payable to “Trusted Speakers” and hand the check to the Speaker at the Performance. QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 BALANCE for Larry Weaver at Eastern Piedmont Tax Association Meeting $250.00 $250.00 TOTAL $250.00 TOTAL DUE BY Thursday, March 28, 2019 QUESTIONS? Contact Larry Weaver 800-680-2769 or larry@trustedspeakers.com Thank you for your business! DocuSign Envelope ID: 2102FF3F-123F-4D5F-9A87-A78886048973