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am/'2, /7/ <br /> [Departmental Use Only] <br /> TITLE Senior Center Instructor <br /> FY 2012-13 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 7th day of August, 2012, ("Effective Date") by <br /> and botn/oeu (}ruoge <�ouot7, I�ndbCarolina, u body poii�cand corporate organized �under the lu`�oo 'the <br /> State of North Carolina, (the "Couuty"), party of the first part; and Frank Dalimonte (the "Provider"),party of <br /> the second pa�; ' <br /> WX][NE 8 0 E][H: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby for the services of the Provider, and the Provider agrees to provide the following services to ' <br /> County in accordance with the terms of this Agreement,time being of the essence: <br /> The services and/or materials (hereinafter referred to collectively as "Services") <br /> to be furnished <br /> under this Agreement are as follows: Art instruction Tuesdays 10 am- l2 noon and 12'30-2 pm <br /> The term of this agreement rendered shall be from August 7,2012 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 /> 8PEcllic TERMS <br /> L <br /> 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 Seven <br /> thousand dollars, ($7,000.00). Payment shall be made within thirty (30) days of an invoice properly <br /> submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County <br /> may, without fault or penalty, withhold any payment associated with the work to be performed until such <br /> time as said work is completed. <br /> 2. Non—waiver: Failure by County at any time to require the purfo/u/oocn 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-Waiver 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 tha neither federal, nor state, nor payroll tax of <br /> any kind shall 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 /> Revised/ ( 2010 u� 1 <br />