HomeMy WebLinkAbout2012-014 DEAPR - Carla Laws for Aerobics Instructions $1,000[Departmental Use Only]
T1TLE Aerobics Instruction
FY 2011112
ORANGE COUNTY
NORTH CAROLINA
CONTRACT UNDER $10,000.40
THIS AGREEMENT, made and entered into this 23rd day of 3anuflly, 2012, ("Effective Date") by
and behveeit Orange County, North Carolina, a body politic and corporate organized under the laws of the
State of North Carolina, (the "County"), palTy of the first part; and Carla Laws (the "Provider"), party of the
second part;
WITNESSETFI:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide die following services to the
County ut accordance with the terms of this Agreement, time being of the essence:
The services and/or materials (hereinafter referred to collectively as "Services") to be furnished
under this Agreement areas follows: Aerobics Instruction.
The term of this agreement rendered shall be from Febntary 14, 2011 to June 30, 2012,.
Provider represents and agrees that Provider is qualified to perform and frilly capable of performing and
providing the services required or necessary under this Agreement in a fillly competent, professional and
timely manner to the satisfaction of the County. Provider shat! be responsible for all errors or omissions, in
the performance of the Agreement, Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at. uo additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nar shall Provider assign any right or
responsibility gt•anted or required by this Agreement, without the priot• written approval of the County.
SPECIFIC TERMS
I. Pa• rt'~tettt: The County agrees to pay at the rates specified for Services satisfactorily
performed iu accord with this Agreement. The amount to be paid by the County shall not exceed .$25 per
class not to exceed one thousand dollars, ($1000 ). Payment shall be made within thuTy (30) days of an
invoice properly submitted to County. Should Provider fail to perform its du#ies under the terms of this
Agreement, County may, without fault or penalty, withhold any payment associated with the work to be
perforated until such time as said work is completed.
2. Non-waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall ht no 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 Nou-Waiver Clause.
3. Independent Conh•actor; The Provider shall operate as an independent Provider, and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee with respect to the Sen~ices perforred hereunder foe federal or state tax, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be witliltekl or paid by the County on behalf of the Provider or the employees of the Provider.
4. Ltsurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services as required by the County's Risk Management Policy.
Revised Jaly 2010
5. Indemni :The Provider agrees to defend, indenmify, and hold harmless Orange County
fl'0211 all losses, liabilities, claims, demands, suits, costs, damages or e.cpenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to 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. Termination: This Agreement may Ue tet•minated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider.
7. Entn•e Agreement: The parties have read this Agreement and agree to be bound by all of its
terms, and fiu-ther agree that it constihites the complete and e.cclusive statement of the Agreement behveen
the pac•ties unless and anti{ modified.in writing alld signed by the parties. Modifications may be evidenced
by telefacsinile signature.
8. Governin Lg aw: Botii parties agree that this Agreement shat{ be governed by the laws of the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such .litigation shall be initiated in the General Court of Justice of North Carolina seated iI
Orange County, North Carolina.
9. Non Ap~-•o rip ation: Provider acknowledges that County is a goverlvnentat entity, and the
validity of this Agreement is based upon tl-e availability of public fitnding under the authority of its statutory
mandate. In the event that public finds are unavailable and not appropriated for the performatlce of Cotutty's
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public fiords.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORAN C UNT
By:
CoI Maua !t
200 S. Cameron St.
P.O. Boa 8181
Hillsborough, NC 27278
PROVIDER
By: ~~ S
Title: ~ t? r-v ~ ~ r _s ,~-.~i~•.e c/~r
Carla Laws
Aerobics Instructor
This instrument has approved as to technical content.
David Stanch, Department Director
This insU•ument has been pre-audited in the matmer reduied by the Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
This ins nneut has been approved as to form and legal sufficiency.
Office of the of ty Attorney
Revised July 2010 2