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p Ia?• 1S '� <br /> a s <br /> [Departmental Use Only] <br /> TITLE Wellness 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 1st 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 Stephanie Yost (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 (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as follows: Strength Training and Movement classes at the Seymour Center <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 <br /> and 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 <br /> shall not exceed $5,000.00, ($28.00/person/month). Payment shall be made within <br /> thirty(30) days of an invoice properly submitted to County. Should Provider fail to <br /> 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 <br /> time as said work is completed. <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider <br /> of any of the provisions hereof shall in no way waive or affect the County's right <br /> hereunder to enforce the same, nor shall any waiver by the County of any breach be <br /> held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider shall operate as an independent Provider, and <br /> the County shall not be responsible for any of the Provider's acts or omissions. The <br /> Provider shall not be treated as an employee with respect to the Services performed <br /> hereunder for federal or state tax, unemployment or workers' compensation <br />