2012-014 DEAPR - Carla Laws for Aerobics Instructions $1,000

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[Departmental Use Only] T1TLE Aerobics Instruction FY 2011112 ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.40 THIS AGREEMENT, made and entered into this 23rd day of 3anuflly, 2012, ("Effective Date") by and behveeit Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), palTy of the first part; and Carla Laws (the "Provider"), party of the second part; WITNESSETFI: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide die following services to the County ut accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement areas follows: Aerobics Instruction. The term of this agreement rendered shall be from Febntary 14, 2011 to June 30, 2012,. Provider represents and agrees that Provider is qualified to perform and frilly capable of performing and providing the services required or necessary under this Agreement in a fillly competent, professional and timely manner to the satisfaction of the County. Provider shat! be responsible for all errors or omissions, in the performance of the Agreement, Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at. uo additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nar shall Provider assign any right or responsibility gt•anted or required by this Agreement, without the priot• written approval of the County. SPECIFIC TERMS I. Pa• rt'~tettt: The County agrees to pay at the rates specified for Services satisfactorily performed iu accord with this Agreement. The amount to be paid by the County shall not exceed .$25 per class not to exceed one thousand dollars, ($1000 ). Payment shall be made within thuTy (30) days of an invoice properly submitted to County. Should Provider fail to perform its du#ies under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be perforated until 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 ht no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Nou-Waiver Clause. 3. Independent Conh•actor; The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Sen~ices perforred hereunder foe 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 witliltekl or paid by the County on behalf of the Provider or the employees of the Provider. 4. Ltsurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised Jaly 2010