Orange County NC Website
~{'~ ~1 <br />C/ <br />!" <br />-1 J~ ~o~ ~ <br />[Departmental Use Ontyj <br />TITLE dI11N TINS Office trg <br />FY 2D11-12 <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CONTRACT UNDER $18,OOt1.04 <br />. THIS AGREEMENT, made and entered into this first day of July, 2011, ("Effective Date") by and <br />between Orange County, North Carolina, a body politic and corporate organized under the laws of the State <br />of North Carolina, (the "County"}, party of the first part; and Durham Technical Community College (the <br />"Provider"), party of the second part; <br />WITNESSETH; <br />For the purpose and subject #o the terms and conditions hereinafter set forth, the County hereby <br />contracts far the services of the Provider, and the Provider agrees to provide the following services to the <br />County in accordance with the terms of this Agreement, time being of the essence: . <br />The services andlor materials (hereina$er referred to collectively as "Services") to be furnished <br />under this Agreement are as follows: Microsoft Office 2030 transition training; location-Orange County <br />Computer Training Lab, West Campus Office Building, 137 W. Margaret Lane, Suite 005, Hillsborough, <br />NC; maximum-16 participants; Time- 9:00 am - t 2:00 pm and 1:00 pm - 4 pm; i4 sessions <br />The term of #his agreement rendered shall be from July 1, 20i 1 to August 3l, 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 fhe 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. 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 shalt not exceed Four <br />thousand two hundred dollars and no/100, {$4,200.00). Payment shall be made within thirty {30) days of an <br />invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this <br />Agreement, County may, without fault or penalty, withhold any payment associated with the work to be <br />performed until such time as said work is completed. <br />2. Nonwaiver: Failure by County at any time to require the .performance by Provider: of any <br />of the provisions hereof shall in no ~vay 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 an employee with respect to the Services perforn~ed 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 />instne itself during the performance of these services as required by the County's Risk Management Policy. <br />Revised 3uly 2010 <br />