2015-433-E Arts - American for the Arts for Arts & Economic Prosperity V impact study

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DocuSign Envelope ID: B3F2DE33-B038-4BE5-825E-715B2AB5F376 [Departmental Use Only] TITLE AFTA's A&EPV Study FY FY16-18 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 17th day of July,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 fast part; and Americans for the Arts (the "Provider"), party of the second pant; 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: For Arts &Economic Prosperity V (5t"national study of the economic impact of spending by nonprofit arts and culture organizations and their audiences), Americans for the Arts will provide training, technical assistance and support; arts organization and audience spending survey instruments; data entry, data cleaning, authentication, and tabulation; and state-of-the-art economic input- output analysis; a customized final report on the arts economic findings for Orange County; a 2-page summary and a 1-page flyer on findings for Orange County; national report findings (including summary report, brochures, PowerPoint presentation); sample press release; the Partner Toolkit; summary of the findings of each local community that joins the study as a local partner; and local and national visibility and advocacy - as provided in Exhibit A Scope of Services, which is attached and incorporated by reference. Payment shall be in three equal payments ($1,366.67 each) spread across three calendar years. The term of this agreement rendered shall be from July 17, 2015 to July 17,2017. 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 four thousand and one hundred dollars, ($4,100). 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. Revised 10/14 1