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[Departmental Use Only) <br />TITLE DEAPR/Parks and Rec. <br />FY 2010-11 <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CONTRACT UNDER $10,000.00 <br />THIS AGREEMENT, made and entered into this 8th day of December, 2010, ("Effective Date") <br />by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the <br />State of North Carolina, (the "County"), party of the first part; and Tom Settle (the "Provider"), party of the <br />second part; <br />WITNESSETH: <br />For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br />contracts for the services of the Provider, and the Provider agrees to provide the following services to 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: Intro to LEGO Machines and Robitics <br />The teen of this agreement rendered shall be from January 13, 2011 to June 30, 2011. <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 shah correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes o~• conflicts at no additional. cost to the County. Provider agrees that Provider shall 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 />1. Pa, iY nent:~ 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 <br />, ($4,800). Payment shall be made within thirty (30) days of an invoice properly submitted to <br />County. Should Provider fait to perform its duties under the terms of this Agreement, County may, <br />without fault or penalty, withhold any payment associated with the work to be performed until such <br />time as said work is completed. <br />? Non-waiver: Failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the <br />same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding <br />breach or a waiver of this Non-Waiver Clause. <br />3. Independent Contractor: The Provider shall operate as an independent Provider, and the <br />County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not <br />be treated as an. employee with respect to the Services performed hereunder for federal or state tax, <br />unemployment or workers' compensation purposes. The Provider understands that neither federal, <br />nor state, nor payroll tax of any kind shall. be withheld or paid by the County on behalf of the <br />Provider or the employees of the Provider. <br />4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately <br />`'insure itself during the performance of these services as required by the County's Risk Management <br />Policy. <br />Revised July 2010 <br />