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[Departmental Use Only) <br /> TITLE Buzz Rides <br /> FY 2014-15 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$15,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this V day of August, 2014, ("Effective Date") by <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 BUZZ RIDES, LLC (the "Provider"), <br /> 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: Services as described in Exhibit A,"Proposal for Advertising Services" <br /> which is attached and hereby incorporated by reference. <br /> The term of this agreement rendered shall be from August 1,2014 to December 15,2014. <br /> The provider shall provide a proof of the advertisement to OCHD staff and get approval of the proof <br /> before said advertisement is made and viewed by the Public. Provider represents and agrees that Provider is <br /> qualified to perform and fully capable of performing and providing the services required or necessary under <br /> this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. <br /> Provider shall be responsible for all errors or omissions,in the performance of the Agreement. Provider shall <br /> correct any and all errors,omissions,discrepancies, ambiguities, mistakes or conflicts of the final product at <br /> no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to <br /> be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by <br /> this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> 11 Pay The County 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 ten- <br /> thousand dollars,($10,000). Payment shall be made within thirty(30)days of an invoice properly submitted <br /> to County. Should Provider fail to perform its duties under the terms of this Agreement,County may,without <br /> fault or penalty,withhold any payment associated with the work to be performed until such time as said work <br /> is completed. <br /> 2. Non—waiver: 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 /> 3. Independent Contractor: The Provider shall operate as an independent contractor 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 withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> Revised 7/14 <br />