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2011-381 DEAPR - Kymb Taylor for fitness instruction
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2011-381 DEAPR - Kymb Taylor for fitness instruction
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Last modified
11/30/2016 2:48:26 PM
Creation date
1/6/2012 12:23:00 PM
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BOCC
Date
12/22/2011
Meeting Type
Work Session
Document Type
Contract
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Manager signed
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�Op <br /> [Departmental Use Only] <br /> TITLE Fitness Instructor <br /> FY 2011-12 <br /> ORANGE COUNITY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 16th day of November,2011, ("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 Kymb Taylor (the "Provider"), party of <br /> the 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: Fitness Classes <br /> The term of this agreement rendered shall be from January 1,2012 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 /> I. 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 shall not exceed 70% of the <br /> total registration fees from the service,($9,500). Payment shall be made within thirty(30)days of an invoice <br /> properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, <br /> County may,without fault or penalty, withhold any payment associated with the work to be performed until <br /> such 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 an employee with respect to the Services perfonned hereunder for federal or state tax, unemployment or <br /> workers'eompensation_purposes. ThIe 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 /> Reviscd July 2010 1 <br />
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