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[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 1 st day of September, 2012, ("Effective Date") <br /> by and between Orange County,North Carolina,a body politic and corporate organized under the laws of the <br /> State of North Carolina,(the "County"), party of the first part; and Martha Hadden(the "Provider"), party of <br /> the 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: Spring Forest Qigong <br /> The term of this agreement rendered shall be from September 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 $3,500.00, <br /> ($44.80/person/6wk course). Payment shall be made within thirty(30)days of an invoice properly submitted <br /> to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without <br /> fault or penalty,withhold any payment associated with the work to be performed until such time as said work <br /> 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 hereunder to enforce the <br /> same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a <br /> 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 Provider shall not be <br /> treated as an employee with respect to the Services performed hereunder for federal or state tax, <br /> unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, <br /> nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the <br /> employees of the Provider. <br /> 4. 'Insurance: The Provider shall obtain, at its sole expense, all insurance needed to <br /> adequately insure itself during the performance of these services as required by the County's Risk <br /> Management Policy. <br /> Revised My 2010 1 <br />