HomeMy WebLinkAbout2012-410 DEAPR - Darroll A Brown for Tennis Lessons $1,638 Please return this copy to
'Clerk to the Board's office for PAF — z a / 2" vA U
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[Departmental Use Only]
TITLE Tennis Lessons
FY 2012-2013
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 26 day of November, 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"), pally of the first part; and Darroll A. Brown (the "Provider"), party
of the second pail;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the set-vices 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 fin•nished
under this Agreement are as follows: Tennis Lesson Instruction. Instructor recieves 70% of uicome
collected.
Tile term of this agreement rendered shall be from January 6,2013 to June 30,2013.
Provider represents and agrees that Provider is qualified to perform and fitlly capable of performing and
providing the services required or necessary under this Agreement in a fitlly 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 be 70 % of the total
income from registration fees fiom the Service, not to exceed One thousand six hundred and thirty-eight
dollars ($1638.00). Payment shall be made within thirty (30) days of an invoice properly submitted to
County. Should Provider fail to perform its dirties 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 an),
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.
Revised September 2010 1
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 Aar•eennent: The patties 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 patties. 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 patty initiate litigation to settle any dispute invglvung 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 govertunental 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 fiends 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 finnds.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE COUNTV PROVID R
By: By:
County Mana • Title:
200 S.Cameron
P.O.Box 8181
Hillsborough,NC 27278
This instrument has bin approved as to technical content.
David Stancil,Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Coru�i• Act. ��
Of ice of(lie Finance Director
This in •ument has been approved as to form and legal sufficiency.
Office of tine N lty Attorney
Revised September 2010 2