Orange County NC Website
~~ .--, <br />~~ <br />The term of this agreement rendered shall be from September 14, 2011 to June 30,2-012 <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. <br />SPECIFIC TERMS <br />1 •• Pa ment: 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 $250.00 per <br />semester or a total of five-hundred dollars, ($500.00). 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 />?• 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.• Indenendent 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 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 />5• Indemnity: The Provider agrees to defend, indemnify <br />from all losses, liabilities, claims, demands, suits, costs, damages ~ or ex ens Sarmless Orange County <br />attorney's fees) arising from bodil ln'u P (including reasonable <br />destruction of any property caused in who e~or in part by any negligentpor intentional a tso~omission on thr <br />part of the Provider. e <br />6• Ter_min_ anon; This Agreement may be terminated at any time by mutual written agreement of <br />the parties or by the County upon written notice to the Provider. <br />7• Entire Agreement: The parties have read this Agreement and agree to be bound by all of its <br />terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between <br />the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br />by telefacsimile signature. - <br />g• Governin Law• Both parties agree that this Agreement shall be governed by the laws of the <br />State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br />Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br />Orange County, North Carolina. <br />Revised January 2010 <br />2 <br />