Orange County NC Website
[ Departmental Use Only] <br /> TITLE Senior Center Instructor <br /> FY 2019 - 20 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $ 5 , 000 . 00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this first day of July, 2019 , ("Effective Date") by and <br /> between Orange County, North Carolina, a body politic and corporate organized under the laws of the State <br /> of North Carolina, (the " County " ) , party of the first part; and Dan Eubanks (the " Provider " ) , party of the <br /> second part; <br /> WITNESSETHe <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 : Acrylic painting classes <br /> The term of this agreement rendered shall be from July 1 , 2019 to June 30 , 2020 . <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 four- <br /> thousand, eight-hundred dollars , ($40 per person per four-week session) . Payment shall be made within <br /> thirty (30 ) days of an invoice properly submitted to County . Should Provider fail to perform its duties under <br /> the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the <br /> work to be performed until such time as said work is completed . <br /> I 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 12/18 1 <br /> I <br />