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<br /> DocuSign Envelope ID: 197749C3-FOCF-4693-92EE-6391 FF3134743
<br /> II
<br /> [Departmental Use Only]
<br /> TITLE Characterantics
<br /> FY 2015-16
<br /> ORANGE COUNTY
<br /> CONTRACT UNDER$1,000.00
<br /> NORTH CAROLINA
<br /> THIS AGREEMENT, made and entered into this 30th day of September, 2015, ("Effective Date")
<br /> by 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 Characterantics (the "Provider"), party of
<br /> 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 and/or construction (hereinafter referred to collectively as "Services")
<br /> to be furnished under this Agreement are as follows: 2 Facepainters, obstacle course, rainbow slide, and
<br /> dalmation bounce house for the Hall, for the Halloween Spoolctacular event on Saturday, October 24 from
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<br /> 4:30pm to 7:30pm at the Central Recreation Center, 302 West Tryon Street,Hillsborough,NC 27278,
<br /> The term of this agreement rendered shall be from October 24, 2015 to October 25, 2015.
<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 mariner 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 /> SPECIFIC TERMS
<br /> 1. Pa, me: 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 Seven
<br /> hundred seventy-five, ($775.00). Payment shall be made within thirty (30) days of an invoice properly
<br /> submitted to County. Should Provider fait 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 /> 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 /> 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
<br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may
<br /> Revised 10114 1
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