HomeMy WebLinkAbout2013-199 Aging - Connie Winstead for Instructor $4,000 [Departmental Use Only]
TITLE Wellness Instructor
FY 2013-14
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1st day of July, 2013, ("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 Constance Winstead (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: Pilates classes at the Seymour Center
The term of this agreement rendered shall be from July 1, 2013 to June 30,2014.
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 $4,000.00,
($5.00/person/class). 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.
Revised July 2010 1
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5. The Provider agrees todefend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, mubu costs, or expenses reasonable
n1&»omey'a fees) arising from bodily injury, including deuth, to any person or persons or damage to or
destruction mf any property caused in whole orin part 6v any negligent orinteutiouulaotmcoomunionoo1bn
part of the Provider.
6. Termination: This Agreement may be terminated at any time 6v mutual written agreement u[
the parties orby the County upon written notice to the Provider.
l Entire Ageemen : The parties have read this Agreement and agree tobebound by all ofits
terms, and further agree that it constitutes the complete and exclusive statement ofthe Agreement between
the parties unless and until modified in writing and signed bv the parties. Modifications may boevidenced
bv*:|efacuirnUesignature.
& nth parties agree that this Agreement shall be governed 6vthe laws ofthe
State of North [orn|iou. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such litigation obaU be initiated in the General Court of Justice of North Carolina seated in
Orange County,North Carolina.
9. Non Appropriatio : Provider acknowledges that County is agovernnueutal entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. lnthe event that public funds are unavailable and not appropriated for the performance oyCounty'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
uaof the day first written above.
COUNTY
ORANGE 17a;7 PROVIUVER
By: -Z By: 6" "s
200 S. Cameron St. 3000 Montgomery Street
P.O. Box 8l0l Durham,NC 27785
8i|\ubovnugb,NC 27270 \/endnr#57324
This instrument has been approved ueto technical content.
Ja
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office wf the Finance Director
hi and legal uo[fioicouy.
Revised July 20o