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020 ~ a - o~ •~ <br />z~~.~P~ <br />[Departmental Use Only] <br />TITLE Creative Arts lnstructlon <br />FY 24.11-12 <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CONTRACT UNDER $10,000.00 <br />THIS AGREEMENT, made and entered into this 9 day of January, 2012, ("Effective Date") by <br />and between Orange County, North Carolina, a body politic and corporate organized under the laws of the <br />State of North Carolina, (the "County"), patty of the first part; and Laura Casey (the "Provider"),.party of the <br />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 witlt the tet•ms of this Agreement, time being of the essence: <br />The services and/or materials (hereutafter referred to collectively as "Services"} to be fiu•nished <br />under this Agreement are as follows: Creative Arts Cnstruction <br />The term of this agreement tendered shall be from February 1, 2012 to June 30, 2012. <br />Provider represents and agrees that Provider is qualified to perform and fully capable of perfotwing and <br />providing the services required or necessary under this Agreement in a fitlly 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 dte Agreement. Provider shall correct any and all errors, OlIt1SSIO1IS, 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 he provided in this Agreement, nor shall Provider. assign any tight or <br />responsibility granted or required by this Agreement, without the prior written approval of the County. <br />SPECII~'IC TERMS <br />1. Pa, meat: The County agrees to pay at the rates specified for Services satisfactorily <br />perfa•med in accord with this Agreement. The amount to be paid by the County shall be 75 % of the total <br />income from regish•ation fees from the Service, not to emceed one thousand four hundred and forty dollars <br />($1440.00). Payment shall be made within thu•ty {30) days of an invoice properly submitted to County. <br />Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or <br />penalty, withhold any payment associated with the work to be performed until such time as said work is <br />completed. <br />2. Non-waiver: Failure by County at any time to require the performance by Provider of any <br />of ilte provisions hereof shall in no tvay 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 btz responsible for any of the Provider's acts at• omissions. The Provider shall not be treated <br />as an employee with aspect to the Services performed hereunder for federal or state tax, unentployutent or <br />arorkers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tam of <br />any kind shall be withheld or paid by the County on behalf of the Provider or the etuployees ofthe-Provider. <br />4. htsurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately <br />insure itself during the perfa•mance of these services as required by the County's Risk Management Policy. <br />Revised September 2010 <br />