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3 <br /> , .�x� �'���� <br /> ,^~� � <br /> [Departmental Use Only] <br /> TITLE Senior Center Instructor <br /> FY 2013-14 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$10,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this lmtday of July, 2013, ("Effective Du1o^`) by and <br /> between Orange County, North CozoUn/4 u body politic and corporate organized under the laws ofthe State <br /> of North Carolina, (the "County"), party ofthe first part; and David Boveru (de "Provider"), party ofthe <br /> second part; <br /> WKTNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter met forth, the County bcrchy <br /> contracts for the services of the Provider, and the Provider agrees to provide the /oOox'bmg services tnthe <br /> County in accordance with the terms mf 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 uufollows: (ld Painting and Healthy Cooking classes <br /> The term uf this agreement rendered shall be from July l`2Ol3b»June 3D,2Ol4. <br /> Provider represents and agrees that Provider imonuificdto perform and fully capable ofperforming 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 mbo]l be responsible for all eonco or omissions, in <br /> the performance of the Agreecoeut. Provider shall correct any and all errors, wzulmmious, discrepancies, <br /> ambiguities, mistakes or conflicts uinu additional cost 0n the County. Provider agrees that Provider shall not <br /> sub-contract any of the services to be provided in this Agreement, nor mbaU Provider uumigo any dzbt or <br /> responsibility granted or required 6n this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> l. : The County agrees to pay at the rates specified for Services satisfactorily <br /> performed in accord with this Agreement. The amount to be paid 6vthe County ahuU not exceed $6,000.00, <br /> ($48.00-painting course; $7.00-cooking class). Payment mbaU be made within thirty (3O) days wfun invoice <br /> properly submitted to County. Should Provider fail boperform its duties under the terms of this Agreement, <br /> County may, without fault ur penalty, withhold any payment associated with the work toho performed until <br /> such time um said work is completed. <br /> 2. Non—waiver: Failure by County a1 any time to require the performance 6v Provider ofany <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 held to be a waiver of any succeeding breach ucu waiver of <br /> this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider mboD operate as an independent Provider, and the <br /> County shall not bc responsible for any mfthe Provider's acts oromissions. The Provider shall not hetreated <br /> as an employee with respect to the Services performed hereunder for federal or state tux, unemployment or <br /> workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed 1oadequately <br /> insure itself during the performance of these services as required by the County's Risk Management Policy. <br /> Revised |r zo|o <br /> vv u l <br />