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1 <br /> [Departmental Use Only] <br /> TITLE Tae Kwon Do Instruction <br /> FY 2012-13 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 23rd day of October,2012, ("Effective Date")by <br /> and between Orange County, North Carolina, a body politic and corporate organized tinder the laws of the <br /> State of North Carolina, (the "County"), party of the first part; and Steve Kim aka. U.S. Tae Kwon Do <br /> Center,hie.(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 <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: Tae Kwon Do Instruction <br /> The term of this agreement rendered shall be from November 1,2012 to Julie 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 finny 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 tine County. <br /> SPECIFIC TERMS <br /> 1. Pa nient: Tile County agrees to pay at tine rates specified for Services satisfactorily <br /> performed in accord with this Agreement.The amount to be paid by tine County shall not exceed fifty seven <br /> thousand, fiftydollars (70% of the total income from registration fees), ($5750). Payment shall be made <br /> within thirty(30)days of an invoice properly submitted to County. Should Provider fail to perform its duties <br /> tinder the terms of this Agreement, County may, without fault or penalty, withhold any payment associated <br /> with the work to be performed until such time as said work is completed. <br /> 2. Non—waiver: Failure by County at any tune to require the performance 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 hell 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 that neither federal, nor state, nor payroll tax of <br /> any kind shall be witlnlneld or paid by the County oil 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 /> Rc%,iscd July 2010 1 <br />