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<br />DocuSign Envelope ID: 3FC4FDCE-8891-4FC9-9337-9E985C284586 <br />[Departmental Use Only] <br /> TITLE Piano and Choral <br /> <br /> FY 14-15 <br />ORANGE COUNTY <br />CONTRACT UNDER $15,000.00 <br />NORTH CAROLINA <br /> <br /> <br /> THIS AGREEMENT <br />, made and entered into this 15th day of August, 2014 <br />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 Elena Marinina (the "Provider"), party of <br />the second part; <br /> <br />W I T N E S S E T H: <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 />under this Agreement are as follows: Piano class instruction; piano camp instruction; and choral camp <br /> <br />instruction <br /> <br />The term of this agreement rendered shall be from September 1, 2014 to June 30, 2015. <br /> <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 /> <br />SPECIFIC TERMS <br /> <br /> <br />1. <br /> <br />Payment: TheCounty 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 70% of <br />class enrollment fees and fifty dollars per student in camp enrollment up to two-thousand three-hundred and <br />forty-four dollars, ($2344.00). Payment shall be made within thirty (30) days of an invoice properly <br />submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County <br />may, without fault or penalty, withhold any payment associated with the work to be performed until such <br />time as said work is completed. <br /> <br /> <br />2. <br />Nonwaiver: Failure by County at any time 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 held to be a waiver of any succeeding breach or a waiver of <br />this Non-Waiver Clause. <br /> <br /> <br />3. <br />Independent Contractor: The Provider shall operate as an independent contractor and the <br />County shall <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 withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> <br /> <br />4. <br />Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br />Revised 7/14 <br />1 <br /> <br /> <br />