2012-083 DEAPR - Elena Marinina for Choral Camp Instruction $1,200

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ZD/,Z-a~ ~~~ ~ (Departmental Use Only] TiTLE Musfc Camps Instruction FY FY 2011-12 OI2ANGE COUNTY NORTH CAROLINA CONTRACT iJND~R $20,Q00.00 TAIS AGItE~MENT, madc and entered into this 19t1~ day of JAnaary, 2012, ("Effective Date") by and behveen OrAUge County, Nordi Caroiina, a body politic aud corporate organized under the laws of the State of Noi~th C~rolina, (the "Coun .ty"), party of tiie first pai~t; and Elent~ Marinina (the "Provider"), ~arty of the second pait; WITN~SS~TA; For the piu•pose and siibject to tt~e terms a~~d conditions liereinafter set foith, the Connty hereby contrACts For the services of the Provider, ~nd the Provider r~grees to provide the following services to the County in accordauce ~vittt t(~e terms of this Agreeme~~t, time beiu~ of the essence: The services and/or materials (hereinafter refe~•red to collectively as "Services") to be fiu•nished w~der this Agreement are As follo~vs: lnstructiou for a Cltoral CAmp nnd a Piauo Camp. Listructor tvil( receive $SO per registered child . Tk~e term of tl~is agreement rendered shall be f~•om June 1 l, 2012 to Juue 15, 2012. P~•ovider represents and agrees tt~at Provider is qi~ali~ed to perform and fi~lly capable of performing and providing the services i•eRuu•ed or necessaiy w~der tl~is Agreement in a fiilly competent, professional ancl timely manner ta ttie satisfaction of the Coiu~ry. Pra~fider sl~all be responsible for 111 errors or omissions, in the perform~uce of the Agreement. Provider shall con•ect any and all er•rors, omissions, discrepancies, ambiguities, mistakes or contlicts at no additional cost to the County. Provider agrees that Provider shall not suU-co~ztract any of tl~e services to be provided in this Agreement, nor shall Provider assi~~ any right or eesponsibiliry granted or reqtiired by this Agreement, ~vithout the prior written auproval of the Connty. SPECIFIC T~RMS I. Payment: Tl~e County agrees to pay at the rates specified for Services satisfactorily performed in 1cco~•d ~vitt~ this Agreement. The auiount to be paid by tf~e Cotuity sl~all not e.cceed one tliousand hvo huncfred dollai•s, ($1200.00). Payment shall be mnde ~vithin tl~irty (30) days of a~~ invoice properly submitted to County. Shoulcl P~•ovider fflil to perfor~n its duties under the terms of tliis Agreement, County may, ~vithout fault or penalty, ~vithhold any payment associated ~vith the ~vork to be performed until such tinte as said ~vork is contpl$ted. 2. No»-waiver: r~ilure by County at any time to require the performance by Peovider of any of tl-e provisions hereof shall in na ~vay ~vaive oc affect tl~e County's right hereundec to enforce the same, nor sliall any waiver Uy tl~e County of any breaeh be held to be a~vaiver of any succeecling breach or a~vaiver of this Non-Waiver Clause. 3. Independei~t Contractor: The Provider sl~all operate as ai~ indepeudent Provider, and the County si~all not be responsible for any of the Provider's acts or omissious. The Provider shall not be treated as Tn employee witii respect to the Services performed l~ereunder for federal or state ta~, uuemployment or ~vorkers' compens~tion pm•poses. The Provider understands that neither federal, nor state, nor paycoll tax of any kind sl~all be ~vitW~eld or paid by the Cotuity on behalf of the Provider or the e~nptoyees of the Pc•ovider. 4. L~surance: The Provider shaq obtain, at its sole eYpense, all i«surance needed to adequately insure itself duriug the perForu~ance of tiiese services as required by tl~e County's Risk Manageinent Policy. Re~ ised luly 2010