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Home My WebLink About2013-121 DEAPR - Elena Marinina - Piano and Choral Camp Instruction $1,500 [Departmental Use Only] l[0[LE Piano and Choral Camp FY F"y20Y2-13 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 13tb day of April, 2013, ("Effective Date") by and between Orange County, North Carolina, u body politic and corporate organized under the lmvo of the State of North Carolina, (the "Coonty"), party ofthe fiutpart; and Elena B8nziobna(the ''Providez"), party of the second part; W0][NE0SEg[H: For the purpose and subject to the terms and conditions hereinafter set forth, the County bcrcbv contracts for the services of the Provider, and the Provider agrees to provide the following services to the County io accordance with the terms of this Agreement,time being ofthe essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Ag7emonuut are as follows: luotoudoo for u Choral Camp and a Piano Camp. Instructor will receive$5O per registered child. The term of this agreement rendered shall he from June l0, 2Ol3to June l4, 20l3. Provider represents and agrees that Provider ia qualified toperform and fully capable of performing and providing the men'iucs required or ucueaoory under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider obuD be responsible for all errors or mouiuoioux, in the performance of the Agreement. Provider shall correct any and all errors, omissions, dioon:punoioo, ambiguities, mistakes or conflicts a1oo additional cost k`the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, our ohuU Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS L P4ymen : The CunoUy agrees to pay at the rates specified for 8en'iccx satisfactorily performed iu accord with this Agreement. The amount to be paid by the County abuU not exceed fifteen hundred dollars, ($l50O.0O). Payment shall be made within thirty(30)days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may,without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. : Failure by County at any time 10 require the performance by Provider of any ot the provisions hereof shall bnuu way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 5, Independent Contractor: The Provider obx1l operate as an independent Provider, and the County oba)|not be myopouoihho for any ofthe Provider's acts or omissions. The Provider shall not bmtreated as an employee with respect tothe Services performed hereunder for federal or state tax, nuenoploycocot or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld ur paid bv the County ou behalf nf the Provider oothe employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed toadequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised Jul 2Olo 1 ~ 5. The Provider agrees to defend indemmify, and bold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's tecu\ udmiug from bodily injury, including death, to any person or persons or damage 0o or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. : This Agreement may be terminated at any time by mutual written agreement of the parties orby the County upon written notice to the Provider. 7[ Entire Aareement: The pmfice have read this Agreement and agree to he bound by all of its terms, and further agree that d constitutes the complete and exclusive statement ufthe Agreement between the parties unless and until modified bz writing and signed bv the parties. Modifications may be evidenced 6v1eletbcmboilesignature. 8. Governing Both parties agree that this Agreement shall be governed 6v the laws ofthe State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation obaJ) be initiated io the General Court of Justice nfNorth Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County ivagovernmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Iothe event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement ubuD automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective uoof the day first written above. ORANG TY PROVIDER Conn�y�8amugo/ Title: �$'l�4J"h�9— 2U08.<�omuenonSt. X PiaooaodCbbzal Camps Ipmtrio1oc P.[}. Box 8l8l / }{iDahnoun��(� �7278 This instrument has technical content. �w TV David Stancil,Department Director This instrument has been pre-audited iu the manner required bvthe Local Government Budget and Fiscal Control Act. ca� /Y 4�_ Office ofthe Finance Director This instWment has been ruved as to form and legal auffioirocy. 0(fi&_of the County Attorney Revised July 2010 2