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<br />DocuSign Envelope ID: C5F89A7F-E80C-4519-8018-F31F98D97282 <br />[Departmental Use Only] <br /> TITLE Senior Center Instructor <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 October, 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 Carol Fynn (the "Provider"), party of the <br />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: Up to Seven (7) watercolor art classes at the Seymour Center as agreed <br /> <br />upon by the Parties. <br /> <br />The term of this agreement rendered shall be from October 15, 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 the lessor of <br />80% of the total student fees collected or two-thousand, five-hundred dollars , ($2,500.00). Payment shall be <br />made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its <br />duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment <br />associated with the work to be performed until such 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 not be responsible f <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 />Insurance, Automobil <br /> as such insurance requirements are described in the Orange County <br />1 <br />Revised 10/14 <br /> <br /> <br />