2012-035 DEAPR - Erick Crepsac for Guitar Lessons $2000

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~~1~-03.~ ~~ ~~~~ [Departmental Use Only] TITLE Guitar Instructlon FY 2d11/2012 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA TAIS AGREEMENT, made and entered into this Sth day of January, 2012, ("Effective Date") by and between Orange County, Noi~th Carolina, a body politic aud corporafe organized t~nder the laws of the State of North Carolina, (the "County"), party of the first part; and Erick Crepsac (tlie "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the tertns and conditions hereinafter set fortE~, the County hereby contracts for ti~e services of the Provider, and the Provider agrees to provide the follo~ving services to the County in accordauce ~vith the tenns of tllis Agreement, time being of the essence: Tlie services and/or materials (iiereinafter referred to collectively as "Services") to be furuisl~ed under this Agreement are as follo~vs: Teach Acoustic, Electric Guitar Lessons, and Specialized Guitar, The teim of ti~is agreement rendered shall be from Januaiy 5, 2012 to June 30, 2012. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services reyuired or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the Cotmty. Provider s~all be responsible for all errors or omissions, in tlie performance of the Agreement. Frovider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at uo additional cost to tl~e County. Frovider agrees that Provider shalf not sub-contract any of the sarvices to be provided in tliis Agreement, ~ior shall Provider assign any right or responsibility granted or required by this Agreement, ~vithout the prior written appraval of the County. SPECIFIC TERMS l. Payment: Tl~e Cotmty agrees to pay at tlie i•ates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed hvo thousand dollars, ($2000). Paytnent shall be made ~vithin tl~irty (30) days of an invoice properly submitted to County. Stiould Provider fail to perfortn its duties under the terms of this Agreement, County may, witliout fault or penalty, ~vithhold any payment associated ~vith tlie work to be performed until suc6 time as said work is completed. 2. Non-~vaiver: Failure by County at any time to require the perfonnance by Provider oF any of the provisions hereof shall in no way tivaive or affect the County's rig(~t hereunder to enforce the same, nor shall any waiver by the County of auy breach be held to he a~vaiver of any succeeding breach or a~vaiver of this Non-Waiver Clause. 3. Independent Covh•actor: The Provider shall operate as an independent Provider, and the County stzall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee ~vith respect to the Services performed t~ereunder for federal or state tas, unemployment or ~vorkers' compensetion pe~rposes. The Provider understands that neither federal, nor state, nor payroli tax of any kind stiaU be withheld or paid by the County on behalf of tlie Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by tiie County's Risk Management Policy. Revised July 2010