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~~ <br />V" 0 <br />~ ~P~ <br />4 [Departmental Use Only] <br />TITLE Special Piano Instruction <br />FY 11/12 <br />ORANGE COUNTY <br />CONTRACT UNDER $10,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this 9th day of June, 201 1, ("Effective Date") by and <br />between Orange County, North Carolina, a body politic and corporate organized under the laws of the State <br />of North Carolina, (the "County"), party of the first part; and Baxter Smith (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: Provide Piano and Voice Lessons for youth with Autism <br />The term of this agreement rendered shall be from July 1, 2011 to June 30, 2012. <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, discrepancies, <br />ambiguities, mistakes or 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 />SPECIFIC TERMS <br />1. Pam: 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 seventeen <br />hundred and fifty dollars, ($1750). Payment shall be made within thirty (30) days of an invoice properly <br />submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County <br />may, without fault or penalty, withhold any payment associated with the work to be performed-until such <br />time as said work is completed. <br />2. 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 same, nor <br />shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br />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 be treated <br />as ari 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, nor payroll tax of <br />any kind shall be withheld or paid by the County on behalf of the 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 Policy. <br />Revised July 2010 <br />