HomeMy WebLinkAbout2012-152 Aging - Stephanie Yost for Strength Training & Movement Classes $5,000 p Ia?• 1S '�
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[Departmental Use Only]
TITLE Wellness Instructor
FY 2012-13
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT,made and entered into this 1st day of July,2012, ("Effective Date") by and
between Orange County,North Carolina, a body politic and corporate organized under the laws of the State
of North Carolina, (the "County"), party of the first part; and Stephanie Yost (the "Provider"), party of the
second part;
WITNESSETH:
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 the following services to the
County in 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 are as follows: Strength Training and Movement classes at the Seymour Center
The term of this agreement rendered shall be from July 1,2012 to June 30,2013.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing
and providing the services required or necessary under this Agreement in a fully competent,professional and
timely manner to the satisfaction of the County. Provider shall 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 no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
1. Payment:The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County
shall not exceed $5,000.00, ($28.00/person/month). 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. Non—waiver: Failure by County at any time to require the performance by Provider
of any of the provisions hereof shall in 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 Non-Waiver Clause.
3. Independent Contractor: 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 Services performed
hereunder for 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 withheld or paid by the County on behalf of the Provider or the
employees of the Provider.
4. Insurance: 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.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange
County from all losses, liabilities, claims, demands, suits, costs, damages or
expenses(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 be terminated at any time by mutual written
agreement of the parties or by the County upon written notice to the Provider.
7. Entire Agreement: The parties have read this Agreement and agree to be bound by
all of its terms, and further agree that it constitutes the complete and exclusive
statement of the Agreement between the parties unless and until modified in writing
and signed by the parties. Modifications may be evidenced by telefacsimile
signature.
8. Governing Law: Both parties agree that this Agreement shall 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 in Orange County, North
Carolina.
9. Non Appropriation: Provider acknowledges that County is a governmental entity,
and the validity of this Agreement is based upon the availability of public funding
under the authority of its statutory mandate. In the event that public funds are
unavailable and not appropriated for the performance of County'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 funds.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE COUNTY PROVIDER
B t)/I // By: NJLv L�
County Manay r Title: 77-ci
200 S.Cameron St. 7700Amesbury Drive
P.O.Box 8181 Chapel Hill,NC 27514
Hillsborough,NC 27278 Vendor#34784
This instrument has been approved as to technical content.
Gi'iK.cGc
Jani e T ler,Departm t Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office o the Finance Director
This instrument has been approved as to form and legal sufficiency.
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Office of the uty Attorney
Revised July 2010