HomeMy WebLinkAbout2014-371 Aging - Nancy Dede Banks for therapeutic massages at Seymore $3,000 [Departmental Use Only]
TITLE Wellness Instructor
FY 2014-15
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT,made and entered into this 11th day of July,2014, ("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 Nancy Dede Banks (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: therapeutic massage at the Seymour
The term of this agreement rendered shall be from July 11, 2014 to June 30,2015.
Provider represents and agrees that Provider is qualified to perform and fully capable of p-.rforming 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 three-
thousand dollars, ($3,000.00). 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: Provider shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance, and
any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are
described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage
Revised 9/13 1
Requirements (each document is incorporated herein by reference and may be viewed at
http://oran eg couniync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional
insurance coverage is required such additional insurance shall consist of professional liability insurance (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 by the Owner's Risk ManE ger.
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 or.lission 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. Priori 1y: In determining the basic services to be provided, should any documents be
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: 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 tho terms of this
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in
Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local,
state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws.
Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter i:ito a contract
with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of
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 constitu Les Provider's
breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with
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 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.
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13 2
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE COUNTY PROVIDER
County Manager Title: -fie 'R
200 S. Cameron St. 747 Rock Rest Road
P.O.Box 8181 Pittsboro,NC 27312
Hillsborough,NC 27278 Vendor#55776
This instrument has been approved as to technical content.
Janie ler, Department 13irector
This instrument has been pre-audited-in,the manner required by the Local Government Budget and Fiscal
C trol Act.
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Ai ^I ce o hief F nclal O
This i t ent has been approved as to form and legal sufficiency.
Office re Counky Attorney
Revised 9/13 3
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Certificate of Insurance
OCCURRENCE COVERAGE
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ABMP In-Dues Liability Program
ABMP MAILING ADDRESS: MASTER POLICY HOLDER
Associated Bodywork&Massage Professionals Allied Professionals Insurance RPG
- 25188 Genesee Trail Road
Suite 200 AGENTBROKER
Golden,CO 80401
Allied Professionals Insurance Services
ISSUED BY:
POLICY#: API-ABMP-14 Allied Professionals Insurance Compaly,A
Risk Retention Group,Inc.
LIABILITY LIMITS (per member) ANNUAL AGGREGATE............................................... $6,000,000
PER OCCURRENCE LIMIT........................................... $2,000,000
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP.................................................. Included
PROFESSIONAL LIABILITY........................................ Included
GENERAL LIABILITY............................................... Included
FIRE LIABILITY LIMIT............................................. $100,000
To verify information,contact ABMP. Tel: 303-674-8478 Fax: 303-674-0859
This Policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and
regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group. Coverage is
afforded to person(s)named herein as Named Insureds according to the terms and conditions of the Policy to which th s Certificate
refers. No other rights or conditions,except as specifically stated herein,are granted or inferred,
COVERAGES
THIS IS TO CrIMFYTHATTHE POLICY OF INSURANCE LISTED ABOVE HAS BEEN ISSUED TO ADDITIONAL INSURED:
THE INSURED NAMED BELOW.THE INSURED ACTIVE DATE LISTED BELOW APPLIES ONLY TO (with it caption date)
ELEMENTS OF COVERAGE CONTINUOUSLY IN PLACE SINCE THE INCEPTION OF THE NAMED
IN5URED'SPOLICY.CHANGES TO COVERAGE ARE EFFECTIVE RETROACTIVELY ONLY TO THE
DATETHE CHANGC•WAS MADE REPORT IN WRITING WITHIN 48 HOURS ANY&ALL CLAIMS,
OR INCIDFWIS THAT YOU BELIEVE MAY RESULT IN A CLAIM,EVIIN 1F GROUNDLESS. Orange County Department of Aging Aay 01,2014
This Certirieale,along with the Policy to which it refers,Is"[W evideuceof covemge extended to the 2551 Homestead Rd
Certiacale Holder listed below.
Chapel Hill,NC 275.16
CERTIFICATE HOLDER Haven&the Spa at Fearrington May 01,2014
(Aclive Registered Members are on file with the ABMP Membership Director.) 2000 Fearrington Village Ctr
Pittsboro,NC 27312
Member/Named Insured: Nancy Dede Banks
Membership I.D.#: 836221
Member/Policy Term Active: May-01-2014
Member/Policy Term Expires: Apr-30-2015
Total Member Cost: $ 199 (ABMP Membership,including
Member Liability Coverage)
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Authorized Representative
o'rhe Palley.
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Covrnrrgc amended subject W all term Ututt
CANCELLATION:The Company shall provide the Named Insured 90 days notice ofits intent
to cancel this policy for any reason other than failure to pay amounts when due.Should the
Named Instired Gil to pay amounts when due,the Policy shall be immediately and automatically
cancelled without further notice.
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