Orange County NC Website
aio/'f .3 0g <br /> [Departmental Use Only] <br /> TITLE Caregiver Respite <br /> FY 2014-15 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$15,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 1st day of July, 2014, ("Effective Date") bN <111d <br /> between Orange County, North Carolina, a body politic and corporate organized under the laws of the Suite <br /> of North Carolina, (the "County"), party of the first part; and Charles House Association (the "Provider"). <br /> party of the second part; <br /> WITNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereh� <br /> contracts for the services of the Provider, and the Provider agrees to provide the following Services t o the <br /> County in accordance with the terms of this Agreement,time being of the essence: <br /> The services and/or materials (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as follows: provide adult day care respite services following standards mandated <br /> by the NC Department of Health and Human Services Division of Aging and Adult Services fo:•licensur,_ <br /> The term of this agreement rendered shall be from July 1,2014 to June 30,2015. <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing, and <br /> providing the services required or necessary under this Agreement in a fully competent, professional and <br /> timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br /> the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancie", <br /> ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shat l not <br /> sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br /> responsibility granted or required by this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily <br /> performed in accord with this Agreement. The amount to be paid by the County shall not exceed $5,000.00. <br /> ($41.00/day). Payment shall be made within thirty (30) days of an invoice properly submitted to County. <br /> Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or <br /> penalty, withhold any payment associated with the work to be performed until such time as said wc,i k i; <br /> completed. <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider of an'. <br /> of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same. nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiN cr- of <br /> this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider shall operate as an independent Provider, and t h e <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br /> workers' compensation purposes. The Provider understands that neither federal, nor state, not payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Prop icier. <br /> 4. Insurance: Provider shall obtain, at its sole expense, Commercial General LiahilitN <br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance. and <br /> any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are <br /> Revised 9/13 1 <br />