2011-303 Library - NC Museum of Natural Sciences for CHAKA afterschool program "Terrific Turtles"

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Departmental U2r `:/ Fu TITLE FY ORANGE COUNTI' CONTRACT UNDER $10,000.00 NORTm CAROLI NA THiS AGR1'ENIENT, made and entered into this 19th day of September, 2011, ("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 first part; and NC Museum of Natural Sciences (the "Provider"),party of the second pint; wITtNrSSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services 01`the Provider, and the Provider agrees to provide the following services to the County in accordance with the tcrnls of this Agreement,time being of the essence: The services and/or materials (llereinaller referred to collectively as "Services") to be furnished under this Agreement are as follows: CHAKA afterschool program,"Terrific Turtles" for ages 6-11 at the orange County Main Library/137 W. Margaret Lane/Hillsborough,NC 272713. The term of this agreement rendered shalt be from Tuesday, November 15 , 2011 from 3:30pm to 4:30pm. Provider represents and agrees that Provider is qualified to perform and fully capable o#'performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely planner 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, olllissions, 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. S Ill I.(A FI C TR,11IVI 1. Pa moment; 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 FREE, ($00). Payment shall be trade 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 play, without fault or penalty, withhold any payment associates# with the work to be performed tintil 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 �h 111 any waiver by the County of any breach be hell to be a waiver of any succeeding breach of a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. Tile Provider shall not be treated as an employes with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behal l'oa'the Provider or the employees of the Provider. 4. insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately inatu'e itself during the pertbrtnanee of these se-vices,' required by the County's Risk Management Policy. Revised July 2010 1