HomeMy WebLinkAbout2013-225 DEAPR - Jenne M Seys for Yoga Instruction $1,500 [Departmental Use Only]
TITLE Yoga Instruction
FY FY 2013-14
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 22st day of June, 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 Jeanne Seys (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: Yoga instruction. Instructor recieves 70% of the income.
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. Pam: 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 fifteen
hundred , ($1500.00). 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, cbdos` demands, uoha, costs, damages or cspcunco reasonable
attorney's fees) arising from bodily injury, including death, to any puranu or persons or damage to or
destruction of any property caused in whole mcio part 6v any negligent o« intentional act or omission on the
part of the Provider.
6. Termination: This Agreement may be terminated u1 any time by mutual written agreement of
the parties or6v the County upon written notice b`the Provider.
7. Entire Agreemen : The parties have read this Agreement and agree U» he bound 6v all ufits
tcoum, and further agree that it constitutes the complete and exclusive statement ofthe Agreement between
the pudico unless and until modified in writing and signed 6v the parties. Modifications may bcevidenced
bytc|cbaomimmiic uigoa1ncu.
8. Both parties agree that this Agreement shall bc governed 6v the laws ofthe
State of North Carolina. Should either party initiate litigation to mettle any dispute involving the terms of this
Agceczucot 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 u governmental entity, and the
validity mfthis Agreement is based upon the availability *fpublic funding under the authority ofits 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 nntiootoProvidcrofdheuuavuilabUbvundnon-appropriation ofnu6Ucfuudo.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
umof the day first written above.
OR � ����D
Seys
County Manag Title: A-,
200 S. Cameron S Jean S s
P.O. Box 8181 Yoga Instructor
This instrument has technical content.
6'e
David Stancil, Department Director
This instrument has been pre-audited in the manner required bv the Local Government Budget and Fiscal
Control Act.
C144 4s--� A"
Office of the Finance Director
Tb has been d as to form and legal sufficiency.
Wice of the County Attorney
Revised July zo/o 2