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Home My WebLink About2014-349 DEAPR - U.S. Tae Kwon Do Center, Inc. for tae kwon do instruction $5,016 [Departmental Use Only] TITLE Tae Kwon Do Instruction FY 2014-2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26`" day of June, 2014, ("Effective Date and between Orange County, North Carolina, a body politic and corporate organized under the laws c,t the State of North Carolina, (the "County"), party of the first part; and Steve Kim a.k.a. U.S. Tae Kwon Do Center(the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hc,rrh', contracts for the services of the Provider, and the Provider agrees to provide the following services r) i he 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 furn i-.l ed under this Agreement are as follows: Tae Kwon Do Instruction, Tae Kwon Do Camp Instruction. ,111,1 Ladies' Self Defense Instruction The term of this agreement rendered shall be from July 1, 2014 to September 30, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performin , 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, discrepariCie". ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider sha I I n,,t sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any rign, w 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 satisfac t(u i lv performed in accord with this Agreement. The amount to be paid by the County shall not exceed I I\e thousand, and sixteen dollars (70% of the total income from registration fee for classes and $50.00 per student for camp session), ($5016.00). Payment shall be made within thirty (30) days of an invoice properl% submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, Count\ may, without fault or penalty, withhold any payment associated with the work to be performed until cult time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider o l'am 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 wai-�rr 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 tro.cted as an employee with respect to the Services performed hereunder for federal or state tax, unemploymen, or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll t;i\ ` t_ any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provi,ie, 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liahilit.\ Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 9/13 1 be required by Owner's Risk Manager as such insurance requirements are described in the Orange Coui t% Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each documci t i, incorporated herein by reference and may be viewed at http://orangecouniync.gov/purchasing/coiitracts.,i;1)t If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received b� the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange CG,�unt\ from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reason;,hle attorney's fees) arising from bodily injury, including death, to any person or persons or damage t(, 01, 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 (& i t, terms, and further agree that it constitutes the complete and exclusive statement of the Agreement bev, een the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priority: In determining the basic services to be provided, should any document, he referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws c t t he State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms ol'thi, Agreement such litigation shall be initiated in the General Court of Justice of North Carolina sealed in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable I. ,-al. state, and federal laws, rules, and regulations including but not limited to all anti-discrimination la\\,. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirement; A' Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider', breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance \�ith Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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 stai.wor" mandate. In the event that public funds are unavailable and not appropriated for the performance of Count', obligations under this Agreement, then this Agreement shall automatically expire without penalty to Countv immediately upon written notice to Provider of the unavailability and non-appropriation of public funds [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effect i e as of the day first written above. ORANGE COUNTY 7 PROVIDER By: .� ,f � y: C6unty Managers Title: 200 S. Cameron St. j P.O. Box 8181 ° O Hillsborough,NC 27278 This instrument has b approved as to technical content. 9—(1 Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 6( '� A-- Office of the Chief Financial Officer This instru ent has been approved as to form and legal sufficiency. ce oftfie County Attorney Revised 9/13 3