2015-474-E AMS - Statler Gilfillen for Arts Policy Research

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DocuSign Envelope ID: E332C792-DA82-4863-845F-68COAEOE8E13 [Departmental Use Only] TITLE Arts Policy Research FY 2016 ORANGE COUNTY CONTRACT UNDER $1,,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of August, 20115, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under tile laws of the State of North Carolina, (the "County"),, party of the first part, and Statler Giffillen (tile "Provider"), party of the second part; W I T N E S S E T H: For the purpose and Stlh�fect 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 ofthis Agreement, tirne being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished tinder this Agreement are as follows: policy research for Arts Display, pet-provided proposal of August 12,2015 The term of this agreement rendered shall be fi-orn August 12, 2015 to December 31, 2015, Provider represents and agrees that Provider is qualified to perform and fully capable of perforriting and providing the services required or necessary tinder this Agreement in a fully competent, professional and timely manner to tile 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 tile 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. Paymeric The County agrees to pay at the rates specified for Services, satisfactorily pet-formed in accord with this Agreement. The amount to be paid by the County shall not exceed six hundred sixty four dollar, ($664). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perforin its duties under the terinS 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 sarne, nor shall any waiver by the County of any breach be field 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, 'file 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. 'File 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 tile Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Autoniobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised l0/14 1