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Home My WebLink About2014-530-E DEAPR - U.S. Tae Kwon Do Center, Inc. for tae kwon do instruction $7,718 000uoign Envelope ID: 000F8247-90eF-423A-AB78-8E5e800e81EE [Departmental Use Only] TITLE Tae Kwon DoInstruction FY 3014-2015 ORANGE COUNTY CONTRACT UNDER$15J000,80 NORTH CAROLINA * T� AG�E]�NT` made and m'��d into this g day oyOctober, 2014' ("Effective Date") by and between Orange County, North Carolina, o body politic and corporate organized under the laws o[the State of North Carolina, (tile "County"), part), of the Dm< part; and Steve Kim a.k.a. U.S. l`nc Kwon Do Center(the "Pruridm/')` party o[the second pnrt; WI1[NE8SET8: For the purpose and subject to the terms and conditions hereinafter set forth, the County }»orekv umdrac1a for the ymrvioum of tile Provider, and th# Provider agrees to provide the [bi(oniug morvicmm to tkm Count), in accordance with the terms of this Agreement,time being of tile essence: The services and/or muhedo|s (hereinafter referred to collectively as "Services") to be O/ndyhcd under this Agreement are as bo||wn'm: '[uoKnnu Instruction, Too Knmu Do Spring Break Ce/np lnmhouhm), and Tae Kwon Do SonnmorCuomp The term o[this agreement rendered shall b# from October |7`2O)40m June 30^ 20l5. Provider represents and agrees that Provider im qualified (o perform and fully capable n[performing and providing the services required or necessary under this A8ocon\md in n &|Uy competent, professional and timely manner hm the satisfaction of the County. Provider shall be responsible for all errors Vromissions, in the performance of the /\Arnmnmot Provider xboU correct any and all mnno' omissions, discrepancies, ambiguities, mistakes or conflicts otun additional cost Un the County. Provider agrees that Provider shall not sub-contract any of the sorviomu to be provided in this &gremncxL un, mhnU Provider ounigo any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I Paymen : '[|>e County o8nsma to pay at the rnk:m specified for Services uobo[ko\orUy performed in accord with this Agreement, The on1ountk> be paid by tile CounLyshall not exceed seven (hwomnud, seven hundred and eighteen dollars, ($7718.00), Payment shall be made within thirty []O)days of all invoice properly submitted to County. Should Provider rail to perform its duties under the ternis of this Agreement, County may, without fault or pmwlty, withhold any payment associated with the work N be performed until such douena said work imcompleted. 2. Non—waiver: FuUovm by Count), at any time to require the performance by Provider ofany 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 tile County of any breach be held to be a waiver of any succeeding breach or a Nvaiver of this Non-Waiver Clause. 3[ Independent. Contractor: The Provider shall operate as on independent contractor and \h# County shall not be responsible for any nfthe Provider's acts oromiysioon. The Provider shall not betreated as on employee with nyspoo{ Co the Services performed hereunder for Wora| or min\e (nz, unemployment or workers' compensation purposes. The Provider understands that neither D:doom|' nor state, nor payroll tax of any kind shall be withheld or paid by the County oil behalf of the Provider or the employees nfthe Provider. 4` : Provider nbuU obtain, at its ao|m ospmnao` Connnunu|u\ (}ene/u| Liability Tomorunom, AokznoobUm Insurance, Workers' Cornyenxm<|mo Insurance, and any additional insurance as may be »oqx1m:d by Owner's Risk Manager ousuch insurance orquinr/nnnto are described in the Orange County Revised 7/14 1 000uoign Envelope ID: 000F8247-90eF-423A-AB78-8E5e800e81EE Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated hcvo|n by ooftvonnn and may be viewed at )' If Owner's Risk Manager determines additional hmurwocmcovoroge is required such additional iummnocc shall consist of n/a(if no additional insurance required mark N/A as being not applicable). Provider uhol| not commence work until such iomonnnou is in effect and certification thereof has been ,co#ivud 6v tile Owner's Risk Manager. 5. The Provider agrees to defend, lndmmKy, and hold harmless Orange Cmuh from all losses, Uub|Utlwm' claims, dmnmods' auba` mnmtm` damages or oupmnocm (including romnonob|n at fees) arising from bodily injury, including death W any person or persons or damage to or destruction of any property caused in whole or in part byany negligent or intentional act momission oil tile part of the Provider. (i : Thia/\&reon/cn\ maybekenninntudu(mlydme6v|nuhm| rvriMonugreon)nutn[ the parties mby the County upon written notice to the Provider. 7. The parties have rem] this Agreement nud agree to be bound by all or its Vounu, and bodbmr agree that it constitutes Uln complete and exclusive o(n(mmm\t of tile /\nrmoncnt bc{v/cnm 1he pat-ties unless and uob| modified in writing and signed by the pat-ties. This Agreement together with any amendments or modifications may be executed electronically. All m|cctoouio signatures ufMzcd hmrmhx nv1dcnoo the iok:ot of the Pudium to comply with Adio|c \l/\ and Article 40 of North Coom}iun General Statute Chapter&6. 8[ Priorit : In determining the basic services to be provided, should nny documents be referenced in this &gnacmmnL the {cnnm bmpoiu shall have priority in any conflict between the ionnm of referenced documents and the terms o[this Agreement. 9\ Both pat-ties agree that this Agreement shall hu governed bythe laws u[the State u[North Carolina, Should either party initiate litigation ioysU!mmoydiopu0ciovo|vin8tke\ennmof1his /\meeuxeut such litigation d}mU be initiated in the General Cnod of Justice of North Carolina seated in Orange County, North Carolina. Provider abwU at all times remain in ommp|iaooc with all applicable |oon|, state, and Kn|mrnl laws, ooien and regulations including but not Uomhmd to all uoii-diycdminuiknn laws. Pursuant W the terms of North Carolina General Statute 153 no county may enter into ncontract with o contractor unless the contractor and tile contractor's subcontractors comply with the requirements of /\rtio|c 2 of Chapter 84 of the North C000[ixo General 8tado1nm. 9/hunn applicable, Oai|ovm to maintain compliance with the requirements of Article 2 of Chapter 64 of tile Goocro| Statutes oonshk|iuu Provider's breach of this Agreement, By exCcuhng this x\nrmc/umnL Provider af5nno Provider is in compliance with Article o[Chapter 04 oF the North Carolina General Statutes. U) : Provider acknowledges that County imugovernmental sudh\ and the validity ofthis Agreement is based upon the availability of public funding under the authority of its staintory mandate. In d)e event that public 8mnda are unavailable and not appropriated for the performance ofCoonty`m obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written uWke to Provider of tile unavailability and non-appropriation of public funds, [SIGNATURE, PAGE TO FOLLOW] Revised 7/14 2 DocuSign Envelope ID: DCCF8247-909F-423A-AB78-8E5980B981EE IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE 7Tn' PROVIDER DocuSigned by: By: By: B F County Manager 200 S. Cameron St. Steve Kim, U.S.Tae Kwon Do Center P.O. Box 8181 15201 Rose Garden Lane Hillsborough,NC 27278 Durham,NC 27707 Revised 7/14 3 000uoign Envelope ID: 000F8247-90eF-423A-AB78-8E5e800e81EE POLICY CHANGE DOCUMENT POLICY NO: CNANGE # 2 CHANGE EFFECTIVE: 06/27/2014 PHPK539280-004 Philadelphia Indemnity Insurance Company PRODUCER: Maguire Insurance Agency, Inc. NAMED INSURED: Steve Kim MAILING ADDRESS 441O Sun Valley Or Durham, NC277O7'588S POLICY PERIOD: FROM 03105/2014 TO 03/0512015 at 12:OiA.h1. Standard Time at your mailing address shown above. In consideration of the premium reflected, the policy is amended as indicated below: Added 1 Additional Insured. Total Annual Total Prorate Addi800aVRotu/nPmm|um $0.00 AddM|ono|/RetumPremium $0.00 Total Annual Total Prorate Additional/Return Additional/Return Tax/Surcharge/Fee $0.00 Tax/Surcharge/Fee $D.UO Page 1 of 1 DocuSign Envelope ID: DCCF8247-909F-423A-AB78-8E598OB981EE DATE{hTMfDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Maguire Imufance Agency,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 27101 Puetta Real suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Mission Viejo,CA 92691. 877A38.7459 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 11 INSURED INSURERA:Ph'We!pha Inderrun ty Insurance Company 18058 SteVe Kim INSURER FI: dba:US Tae Kw❑n 00 Center,Inc. INSURER C: 4416 Sun Varay Of Durham,NC 277075684 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ACD'L I POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POUCYNUM6FR _DATE[MNVOD/YYYY) DATE(MM/DD/Y"Y) LIMITS A X GENERAL LIABILITY p8p)(519280-004 03/051ZOt4 03/05/2015 EACH OCCURIENCE $1,000,000 CO""" """"NERALLIABRITY PREMISES(Eaciccurm cc) 106060 MADE OCCUR MEO W(Any one person) $2,500 ABILITY P E ASON At&ADV DO U BY $1,000,000 6 f N C 8 At AGGREGATE $3,000,000 GENT AGGREGATE U M IT APPLIES PER: P RO DUCTS—CO?,IP/0 P AG G $3,000,000 r—X] POLICY Ll PROJECT F-1 Lot: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (EA a CC dent) ALL OWNED AUTOS BODILY INIURY SCHEDULED AUTOS (Pet person) H18tO AUTOS BODILY INJURY NON-OWNED AUTOS (PeraccIdent) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY—CA ACCIDENT —1 ANYAUTO OTHER THAN EA ACC AUTOONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURENCE OCCUR E CLAIMS MADE AGGREGATE HDEDUCTIBLE RETENTION WORKERSC MPENSA]IONAND wc7ITTL.T---r--TQTH- EMPLOYERS'L[ABILtTY WEE Tokyumn-S I I ER ANY PROPRIETOR/PARTNE EXECUTIVE OFFICWMEMSER EXCLUDN E.L.EACH ACCIDENT (Mandatory in NH) E1-DISEASE—EA A"PLOYEE if Yes(AdI.ec pR'6VIS!ONSbe s ibe under r*w E.L.DISEASE—POLICY LIMIT SPEC OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENOCIPAWEN1 it SPECIAL PROVISIONS It Is understood and agreed that the f0ow:ng entity is added as an additloasil insured but only w4h respectis)to the operations of the named Insured except that tabi!ity resulting from the additional Insured's We negi,gente. CERTIFICATE HOLDER CANCELLATION SHOVED ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Orange Co.n1yAtW Risk Management THEREOF, THE ISSUING INSURER %VIU. ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 2005 Cameron St,PO 8-8181 CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR Hilisliwough,NC 27278- LIABILITY OF ANY XINR UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE (10 ACORD 25(2009/01) 0 1988-2009 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DCCF8247-909F-423A-AB78-8E5980B981EE IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01)