Orange County NC Website
SECTION FIVE <br /> RELATIONSHIP OF PARTIES <br /> The parties agree that Contractor is an independent contractor, and nothing in <br /> the. Contract creates an employer-employee or a principal-agent relationship, <br /> partnership or joint venture between Orange County and Contractor. The Contract <br /> also does not create .any such relationship between Orange County's employees and <br /> Contractor. The conduct and control of Contractor's services performed under the <br /> Contract will lie solely with Contractor. On-site students are not and shall <br /> not be deemed to be employees or agents of Contractor. <br /> Orange County will provide Contractor a form 1099 at year end to be submitted to <br /> the Federal and State taxing authorities for any fees paid to Contractor by <br /> Owner. No Federal, FUTA, Social Security, State of North Carolina or North <br /> Carolina Unemployment Tax will be withheld nor deposited on Contractor's behalf. <br /> Contractor is urged to consult an accountant for guidance in establishing tax <br /> payment schedules which are appropriate for Contractor' s situation.. Contractor <br /> is associated with Owner only on a sub-contractual basis. <br /> SECTION SIX <br /> LIABILITY AND INDEMNIFICATION <br /> The services to be performed under the Contract will be performed at <br /> Contractor's risk, and Contractor assumes all responsibility for practicing <br /> according to the laws of the state of North Carolina and the applicable Codes of <br /> Ethics for professional conduct.. Contractor will carry, for the term of the <br /> Contract, professional self-liability insurance in an amount acceptable to <br /> Orange County: minimum coverage of $1,000,000 per occurrence/$3,000,000 <br /> aggregate. Owner agrees to maintain adequate general business liability and <br /> hazard insurance for the center, including adequate premise liability insurance <br /> during the term of the Contract. <br /> To the extent permitted by and in accordance with the North Carolina tort Claims <br /> Act, Contractor will indemnify orange County for any liability or loss arising <br /> from the. negligent actions or omissions of Contractor in Contractor's <br /> performance of the Contract. Orange County will be solely responsible for <br /> Orange County's acts and omissions and those of its employees, representatives <br /> and agents, including but not limited to any and all wrongful acts and <br /> negligence of its employees, representatives and agents. Orange County will <br /> indemnify and hold .harmless Contractor with respect to any and all losses, <br /> costs, damages or other liabilities, including without limitation reasonable <br /> attorneys '' fees, arising from the actions or omissions of Orange County and/or , <br /> its employees, representatives and agents. The indemnification in this Section <br /> Six shall survive the termination of the Contract. <br />