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<br />[Departmental Use Only] <br />TITLE <br />FY <br />ORANGE COUNTY <br />CONTRACT UNDER $10,000.00 <br />NORTH CAROLINA <br />as ~a- a a ~ <br />~~~~~ <br />THIS AGREEMENT, made and entered into this ~'~'~ day of November, 2011, ("Effective <br />Date") by and between Orange County, North Carolina, a body politic and corporate organized under the <br />laws of the State of North Carolina, (the "County"), party of the first part; and Alois Callemyn, Eno <br />Mountain Homes (the "Provider"), party of 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: A boundary survey and recordable plat for the Brooks farm <br />conservation easement (115 acres), Ben Johnston and Dimmocks Mill Road in Orange County, NC. <br />The term of this agreement rendered shall be from November 15 to December 31, 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 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. 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 Three <br />thousand three hundred fifty dollars, ($3,350). 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. Indeuendent 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 />Revised July 2010 <br />