Orange County NC Website
d0 ~ - CXoS <br />(Departmental Use Only] <br />TITLE Chiidren <br />FY 2011-12 <br />ORANGE COUNTY <br />CONTRACT UNDER $10,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this 1 st day of March, 2012 ,("Effective Date") by and <br />between Orange County, North Carolina, a body politic and corporate organized under the laws of the Sfate of <br />North Carolina, (the "County"), party of the first part; and Rags to Riches Theater (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 contracts <br />for the services of the Provider, and the Provider agrees to provide the following services to the County in <br />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 under this <br />Agreement are as follows: "The Disenchanted Dragon"- Summer Reading performance at the Orange County <br />Main Library. <br />The term of this agreement rendered shall be from Wednesday, June 13th, 2012 10:30am to 11:30am . <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 timely <br />manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the <br />performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, <br />mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any <br />of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or <br />required by this Agreement, without the prior written approval of the County. <br />SPECIFIC TERMS <br />1. Pavment: The County agrees to pay at the rates specified for Services satisfactorily performed in <br />accor~ with this Agreement. The amount to be paid by the County shall not exceed ~;(icl< ilere to enl:,r tcx~. , <br />($330.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should <br />Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, <br />withhold any payment associated with the work to be performed until 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 of the <br />provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any <br />waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non- <br />Waiver Clause. <br />3. Independent Contractor: The Provider shall operate as an independent Provider, and the County <br />shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an <br />employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' <br />compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall <br />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 />5. Indemnitv: The Provider agrees to defend, indemnify, and hold harmless Orange County from all <br />Revised July 2010 <br />