HomeMy WebLinkAbout2012-082 DEAPR - Andrew Wagoner for Tae-Kwon-Do $3900vZo%? ~i~' ~
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[Departmental Use Oniy]
TITLE Tae-Kwon-Do
~Y FY 2011-12
ORANGE COUNTY
CONTItACT UNDER $10,000A0
NORTH CAROLINA
THIS AGItE~MENT, inade and entered into ti~is 26th day of March, 2012, ("Effective Date") by
and behveen Orange Connty, North Carolina, a body politic and corporate organized u~~der the la~vs of the
State of North Carolina, (the "County"), par(y of the first pn-~t; and Andre~v Wagoner (fhe "Provider"), party
of the second pai~t;
WITN~SSETF[;
For tl~e pitrpose and subject to the terms and conditions hereinafter set forth, tlte County hereby
contracfs for the services of the Provider, and ttie Provider ~grees ta provide the following services ta the
County in Rccordance ~vith the terms of this Ageeement, time being of the essence:
Tt~e services and/or materials {hereinafter refei-~•ed to coliectively as "Seivices") to be furnished
under tliis Agreement are as follo~vs: Tae-K~von-Do insti•ttction. Tnstructor recieves 75% of the inco-ne fi•an
~veekly Tae Kwon Do classes and $50 }~er student enrolled in MaMial Arts Camp.
Tl~e term of this agreeinent rendered sl~all be fi~om Apri) I, 2012 to June 30, 2012.
Provicler represei~ts and agrees that Provider is c~ualified to perform and fully capable of performing and
providing the services required or uecessary under this Agreeinent i~i a fiil[y competent, peofessional and
time[y manner to tlie satisfacfion of tt~e Coui~ty, Provider sli~lt 6e responsible for flll erinrs or omissions, in
the performance of the Agreemeut. Provider sl~all correct any and atl errors, anissions, discrepai;cies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provide~• shall not
sub-coi~tract any of the services to be provided in this Agreement, nor shall Provider assign any right or
respa~sibility granted or required by this Ag~•eement, ~vithout the prior written approval of the County.
SP~CTFIC TERMS
l. Pa, nv ient: The Comity agrees to p~y at tl~e rates spcc~ed for Services satisfactorily
pecformed in accord with this Agreemeut. The amount to be paid by the Couuhy sl~all not e~ceed Three
thousand Nine Hundred Dollars, {$3900.00). Paymeut sl~all be u~ade ~vitl~vi ti~u~hy {30) days of an invoice
}~roperly subtnitted to County. Should Provider fail to perform its duties iuider t~e terms of this Agreement,
County may, ~vithoitt fault or penalty, ~vithliold any payment associated ~vith the work to be performed until
such tiine as said work is completed.
2. Non-~vaiver: Failure by County at any time to require the pec~fori~~ance by Provider of any
of the provisions hereof shall in no ~vay waive or affect the County's right hereuuder to enforce the same, nor
shall any waiver by the Counly of any breach be held to be a~vaiver of any succeeding Ureach or a waiver of
this Non-Waiver Clause.
3. Jndepende~tt Contractoe: T1ie Provider shall operate as an inde~~E,ndent Provider, and the
County shall not be eesponsible for any of the Provider's acts or omissions. The Prcrvider shaU not be h~eated
as an employee ~vith respect to the Services perforn~ed l~ereundee for federal or stHte tax, u~iemployment or
wortcers' con~pensation purposes. Tlie Providcr understauds that ueitl~er federaE, ~or state, uor payroll tax of
any kind stiall be withheld or paid by t1~e Coui~ty on behalf of tl~e Provider or the einployecs of the Provider.
4. Insurance: Tiie ProvideC SIIAI~ OVtfllIl~ ~t its sole espeuse, SII L11SUl'AIICC LICCCICCI t0 1(jC(tURtCIy
insure itself diEring the perforinauce of these services as required by the Couuty's Risk Managemei~t Policy.
Revised July 20I0
5. Indenuiitv: The Provider agrees to defend, indem~iify, a~id hold L~~rmless Orange Cou~~ty
from all losses, liabiiities, claims, dema+~ds, suits, costs, dAmnges ar expenses (including reasonnbte
attorney's fees) arising from bodily inju~y, includ'u~g death, to any person or persons or dan~age to or
destruction of any property caused in whole or in pa~t by ai~y negligent a• intentional acf or omission on the
pa--t of the Provider.
6. Terminatio~~: This Agreement may be ter-ninated t~t any time by nn~hial ~vritte~~ agree-nent of
the parties or by the County upon ~vritten notice to ttie Provider.
7. Entice A~reement: The pa-ties have read this Agreemeut and agree to be bound by alt of its
teru~s, and fin•tl~er lgree tl~at it constih~tes tl~e canplete and e,cclusive statement of the Agreement behveen
the parties uuless and until modified 'u~ writing and signed by tl~e pa~~ties. Modifications may be evidenced
by telefacsimite signnture.
8. Gover~ii~t Lg a~v: Both parties agree that this Agreement shall be governed by the la~vs of tlie
Sfate of Norfh Carolina. Should eitt~er party ittitiate litigation to settle any dispute involving tt~e te-•ms of this
Agreement such litigation shall be i11l11AC8(~ in the General Cotu•t of Justice of North C~rolina seated in
Orange Coun[y, No~~th Carolinn,
9, Non Auprouriation: Provider aclu~o~vledges tl~at Cou~~ty is a governmental entity, and the
validity of tl~is Agreement is based npan the av~ilability of public fiinding wider the authority of its stat~itory
mandate. In the event tl~at public fiuids are unavailable and not appropriated for the performance of County's
oUtigatious under this Agreement, t~en t~~is Agreement shatl automatically expire without penalty to Coimty
immediately upon ~vritten notice to Provider oft~e unavailability ~nd non-appropeiation of public fi~uds.
IN WITIVESS WH~REOF, Orange County and ti~e Provider have sig~ied this Agree~uent, effective
as of the day first written above,
~xatv -~ t. u ~1~ PROVIll~R
BY.C nty Man er T tle: r~~ ~• " C~e/lltti~-'~
~
2p0 S. Camer t.
P.O. Box S1
Hilfsborou~;h, NC 27278
Tt~is i~~st~~ucneut l~as approved as to technical co~-tent.
/ ~t-C~
David Staizcil, Deparhuent Director
This instri~ment I~as been pre-atidited in the manner requu•ecl Uy tlie Local Goveri~meut Badget and Fiscal
Cou Act.
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Office of ttie rinance Director
Tlus ic rument has been approved as to form and legal sufficiency.
ffice of the oii l}~ Attorney
Revised July 2010 2