Orange County NC Website
DocuSign Envelope ID: 4F6642F0- 8B14- 44E5- A4F5- 699E7D92807E <br />[Departmental Use Only] <br />TITLE Tai Chi Instruction <br />FY 2017 -2018 <br />ORANGE COUNTY <br />CONTRACT UNDER $1,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this 5th day of February, 2018, ( "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 Nina Maier (the "Provider "), party of the <br />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: Tai Chi Instruction <br />The term of this agreement rendered shall be from February 27, 2018 to June 5, 2018. <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 />SPECIFIC TERMS <br />1. Payment: 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 80% of <br />program enrollment fees up to seven - hundred, sixty -one dollars, and sixty cents, ($761.60) ). Payment shall <br />be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform <br />its 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 />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 />be required by County's Risk Manager as such insurance requirements are described in the Orange County <br />Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br />Revised 10/17 <br />