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Home My WebLink About2012-097 DEAPR - Brian Braxton for Golf Instruction $2400~o~~-aq ~' ,J ~"f1 ~ ~ [Departmentai Use Only] TfTLE bEAPR FY 19/12 ORANGE COUNTY CONTRACT UNDER $10,000.00 NORTH CAROLINA THIS AGREEMENT, n~ade and e~itered into this 17t1i day of April, 2012, ("Effective Date"} by and benveen Orange Cowrty, North Caroiina, a body potitic and corporate organiz.ed EEnder the [aws of the State of Nortl~ Caroliiia, (tlie "County"}, party of tlie first part; and Brian Bra.cton (t1~e "Provider"), party of the second part; WITN~SS~TH: For the purpose and subject #o the terms and couditions hereuiafter set forth, the County hereby contcacts for tl~e serviees of tlie Provider, ~nd tl~e Provider agrees to provide the foUowiiig se~vices to the Cou-tty in accorda~ice ~vith the terivs of this Agreeme~tt, time bei~~g of tlie esseiice: The services anci/or materials (hereinafter referred to collectively as "Services") to be fiu7iished under t[iis Agree~nent are as folio~vs: Provide GoLf Instriiction with the instructor receiving $80 per child ettrofled i.n camps and 80% of fee for golf clinics. Tfie term of this agreeme~it rendered sl~atl be £i•om M~y l, 2012 fo June 30, 2012. Provider represents a~~d agrees tEtat Provider is qualified to perform a~id fiilly capable of performi~ig a~~d providing ti~e services required or iiecessary under flvs Agreenient in a fi~lly competent, professional a~id timely n3a~uter to tlie satisfaction of the County. Provider shal( be responsible for ali errors ar omissions, i~i tlie performance of tlie Agreemeut. Provider shall correct any and all errors, amissio~~s, discrepancies, ambiguities, mistakes or conflicts at no ndditional cost to the County. Provider agrees diat Provider shall not sub-contract any of t~e services to be provided in this Agi•eement, nor shall Provider assi~ any right or responsibility granted or required by this Agreemenf, ~vithout the prior ~vritten approval of tl~e Co~t~zty. SPECIFIC TERMS I. Pa, iY nenf: The County agrees ta pay at the rates specified for Services satisfactorily performed 'ui accord with this Ag~•eement. The amount to be paid by the County st~all not exceed four thousaud faur hundred and eigl~ty ,($2400). Payineut shall be made withi~i tt~u-ty (30) days of an invoice propei•ly subtnirted to Coruity. Shoutd Provider fail to ~erfor~n its duties under tl~e tern~s of this Agreeme~it, COttll~+ ll]AY, ~vithout fault or pena[fy, witl~hotd aity payment associated witl~ the ~vork to be }~erformed until sucli titne as said ~vork is completed. 2. Non-waiver: Failu~•e by County at ~ny time to requice the performance by Provider of any of tl~e provisions hereof shali u~ no ~vay waive or affect t~ie County's right l~ereiancler to enforce the same, uor shall any waiver by the Cotu~ty of any breacli be hetd to be a wliver of any succeecling breacl~ or a~vaiver of this Non-Waiver Gause, 3. L~deUendent Contractor: Tlte Provider sltall o~~erate Ts an independent Provider, and tl~e County sl~ail not be i~esponsible for any of the Provider's acts or ottussions. T(-e 1'rovider shall not be t~•eated as au employee witi~ respect to the Sei~v[ces performed l~ereunder for federal or state tax, unemployment or workers' compensation purposes. Tlie Prov'rder unde~stands tbat neitl~er federal, uor state, nor payroll tax of any ki~~d sf~afl be witlilield or paid by the County on beh~lf of t~~e Provider or the etnp(oyees of the P-•ovider. 4. Insurance: Tf~e Provider s1ial! obtain, at its sole expense, a1l insurance needed to adeqciately insure itself during the pecformance of tt~ese services as recjetired by the County's Risk Management Policy. Rcvised luly 20I0 5. L~demni ; The Provider agrees to defend, indemnify~ it11CI IIOICI IIAI't11~0SS Oi'flI1gC COilli(y from all tosses, liabilities, claims, de~uands, suits, costs, damages or e.cpenses (including reasonable attorney's fees) arising fi•om badily injury, incleiding cleatt~, to any person or persons or damage to or destruction of any property caased in ~vhole or in pae~t by any negligent or inteutional act or omission on the part of the Provider. G. Termination: This Agreement may be terminafed at a~ry time by mut«al wri[ten agreeuient of the patties or by tiie County upon ~v-•itteii ~iotice to tl~e Provider. 7. Entu•e A~reement: Tlte pa~ties ftave re~d tl~is Agreement and agree to be bound by atl of its tei•ms, and fiu•ther agree that it constitutes the co-nplete and exclusive statement of tl~e Agreeu~eut behveen the pai~ties unless anc~ until modi~ed in ~vriting and sigied by ti~e parties. Modifications inay be evidenced by telefacsimile sig~tah~re. 8. Governing Law: Bofh paities agree that ttiis Agreement shall be goveriled by the iaws of the State of No~~tlt Carolina. Shouid either party uiitiate (itigatio~z ta settle ai~y dispuee uivolving fhe terins of tliis Agreement sucl~ iitigation sl~all be iititiated i~~ tl~e General Court of Justice of Nortfi Carolina seated in Ora~ige Cou~~ty, Nortt~ Carolinn. 9. Non Appro riation: Provider ackno~vledges tliat County is a government~! entity, a~id flie validity of ti~is A~ree~nent is based upan the availability of public fimding under the autl~ority oF its stah~toiy tua~tdate. In the event tt~at public fi~nds are w~availabie and not appro~riated for the peiformance of County's obli~ations uudec this A~reement, tE~en fhis Agreement sliall ~uta»~atically expire ~vit~out penalty to County umnediately upon ~~~ritteu notice to Providec of the unava'tlability and ~~on-appropriation of public fimds. IN WITIV~SS WH~REOF, O~•ange County and tl~e Provider l~ave sig»ed this Agreement, effective as of the day first ~vritten above. ORANGE COUNTY r f~ ,, a By: f ~ Coui~ty Mana 200 S. Cameron St. P.O. Box 8181 I-Iillsborough, NC 27278 PROVIDER By: t Titte: ' L p - ' ~ ~ Briau Braaton, Golf Pro This instrument has e approved as to tecluucal content. ~ ~ David Stancif, DepArhnentDirecto~• This ii~strumeut has been pre-audited in the mamier required by ti~e Loca( Government Budget and Fiscal Conh•ol Act. GC~,~. ~J. ~ Office of tlie Finance Director T6is insk~uneut has been approved as to form and tegal sufficieucy. ~~ . Of~ce of t~e oif~ ty Attocney Revised July 2010 2