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.99 . ti5 <br />[Departmental Use Only] <br />TITLE Wellness Instructor ° G_6EIUli'� S <br />FY 20'F2 -13 <br />ORANGE COUNTY <br />CONTRACT UNDER $1,000:00- <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this Is' day of July, 2012; .( "Effective Date")- by -and <br />between Orange County, North Carolina, a body politic and corporate organized under the laws of the State <br />of North Carolina, (the "County "), party of the first part; and Lorraine Lewis (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 with the terms of this Agreement, time being of the essence: <br />The services and/or materials and/or construction (hereinafter referred to collectively as "Services ") <br />to be furnished under this Agreement are as follows: Reiki therapeutic massage <br />The term of this agreement rendered shall be from July 1, 2012 to June 30, 2013. <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 <br />timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br />the performance of the Agreement. Provider shall correct any and all errors, omissions, 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 be provided in this Agreement, nor shall Provider assign any right or <br />responsibility granted or required by this Agreement, without the prior written approval of the County. <br />SPECIFIC TERMS <br />1. /Payment: The County agrees to pay at the rates specified for Services satisfactorily <br />performed in accord with this Agreement. The amount to be paid by the County shall not exceed $500.00, <br />( $-49.50/hr). Payment shall be made within thirty (3.0) 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. j� <br />2. lion— waiver: Failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way 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 - Waive; Clause. <br />3. Independent Contractor: The Provider shall operate as an independent Provider; and the <br />County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated <br />as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br />workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br />any kind shall b 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 />March 2012 <br />