Orange County NC Website
Qv/et - aG 7 <br /> elf,")aQ <br /> From:FESTIVA RESORTS 8288985967 07/18/2012 08:33 #024 P.002/003 <br /> (Departmental Use Only <br /> TITLE Plano and Voice Classes <br /> FY 2012-13 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT,made and entered into this 16th day of July,2012, ("Effective Date")by and between <br /> Orange County,North Carolina,a body politic and corporate organized under the laws of the State of North Carolina, <br /> (the"County"),party of the first part;and Elena Marinina(the"Provider"),party of the second part; <br /> WITNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter set forth,the County hereby contracts for the <br /> services of the Provider,and the Provider agrees to provide the following services to the County in accordance with the <br /> 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: Piano and Voice Instruction <br /> The term of this agreement rendered shall be from July 28,2012 to June 30,2013. <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing <br /> the services required or necessary under this Agreement in a fully competent,professional and timely manner to the <br /> satisfaction of the County.Provider shall be responsible for all errors or omissions,in the performance of the Agreement. <br /> Provider shall correct any and all errors,omissions,discrepancies,ambiguities,mistakes or conflicts at no additional cost <br /> to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, <br /> nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written <br /> approval of the County. <br /> SPECIFIC TERMS <br /> 1. Payment:The County agrees to pay at the rates specified for Services satisfactorily performed in accord with <br /> this Agreement.The amount to be paid by the County shall be 70%of the total income from registration fees from the <br /> Service,not to exceed four thousand and sixty-six dollars($4066.00). Payment shall be made within thirty(30)days of <br /> an invoice properly submitted to County.Should Provider fail to perform its duties under the terms of this Agreement, <br /> County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as <br /> said work is completed. <br /> 2. Non-waiver: Failure by County at any time to require the performance by Provider of any of the provisions <br /> hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the <br /> County of any breach be 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 the County shall not be <br /> responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to <br /> the Services performed hereunder for federal or state tax,unemployment or workers'compensation purposes. The <br /> Provider understands that neither federal,nor state,nor payroll tax of any kind shall be withheld or paid by the County on <br /> 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 insure itself <br /> during the performance of these services as required by the County's Risk Management Policy. <br /> S. Indemnity:The Provider agrees to defend,indemnify,and hold harmless Orange County from all losses, <br /> liabilities,claims,demands,suits,costs,damages or expenses(including reasonable attorney's fees)arising from bodily <br /> injury,including death,to any person or persons or damage to or destruction of any property caused in whole or in part <br /> by any negligent or intentional act or omission on the part of the Provider. <br /> 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by <br /> the County upon written notice to the Provider. <br />