2012-338 Tax - David Smith Appraisal of Timberlyne Shopping Center for PTC appeal Hearing $3,000 (2)

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SEP/04,2012/TUE 08: 53 AM FAX No, P. 002 [Departmental Use only] TITLE Ta:c Appraisal Services FY 20.13 ORANGE COUNTY CONTRACT UNDER$10,000,00 NORTH CAROLINA THIS AGRI✓EMENT, made and entered into this 27 day of August, 201':, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and David A. Smith(the "Provider"),party of the second part; WITN'ESSETH, For the purpose and subject to the terms and conditions hereinafter set firth, the Comity hereby contracts for the services of the Provider, and the Provider agrees to provide the ibtlowirng services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: See Exhibit One. The term of this agreemeait rendered shall be from 8/27/12 to 9/27/12. Provider represents and agrees that Provider is qualified to perform and fully capablc of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions,in the performance of the Agreement, Provider shall correct any and all errors, emissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of tite County. SPECIFIC TFIEt1VM L. p me t; The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the Count; shall not exceed three thousand and 00/100, ($3000). payment shall be made within thirty (30) days of an invoice properly submitted to County. Should provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be, performed until such time as said work is completed. 2 Nom-ever: Failure by County at any time to require the perfortx,ance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of ally breach be held to be a waiver of any succeed Ong breach or a waiver of this Non-Waiver Clause, 3,, Tndependent Contractor: The provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Prcvider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes, The Provider understands that neither federal,nor state, nor payroll tax of any kind shall be.withheld or paid by the County out behalf of the Provider or the employees of the Provider. 1. Durance; The Provider shall obtain,at its sole expense,all insura,tce needed to adequately insure itself during the performance of these services as required by the County's Ri 3k Management Policy, Roviscd Jury 2010 1