HomeMy WebLinkAbout2015-177-E Aging - Steven Drysdale for ten (10) Zumba Gold classes $990 DocuSign Envelope ID: 3BEBF133-33E7-4E10-817E-71 BOB62C96A8
[Departmental Use Only]
TITLE Wellness Instructor
FY 2014-15
ORANGE COUNTY
CONTRACT UNDER $1,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 15th day of April, 2015, ("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 Steven Drysdale (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 and/or construction (hereinafter referred to collectively as "Services")
to be furnished under this Agreement are as follows: Ten(10) Zumba Gold classes at the Seymour Center
The term of this agreement rendered shall be from April 16 to June 30, 2015.
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
I. 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 Eighty (80)
percent of the total amount collected from the students or Nine Hundred and Ninety Dollars,whichever is the
lesser of the two amounts, ($990.00). 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 contractor, 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, and any additional insurance as may
be required by Owner's Risk Manager as such insurance requirements are described in the Orange County
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oonuSign Envelope ID: aeEeF1a3-aaEr4E10-81rE-71ones2oosAa
Risk Transfer Policy and Orange County Minimum lnoorouoo Coverage Requirements (000b document is
incorporated herein by reference and may bo viewed at .
If Owner's Risk Manager dutunninuy additional inoorouoo coverage is required such additional inoorouoo
shall be designated boro Liability lnooronoo (if no additional inoorouoo required mark N/A as being not
applicable). Provider shall not commence work until such insurance is in effect and oodiGoodon thereof has
been received bv the Owner's Risk Manager.
5. : The Provider ogr000 to defend, indemnify, and bold boonl000 Orange County
from all losses, liabilities, oloinno, demands, suits, costs, damages or oxpon000 (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or doznogo to or
destruction of any property 00000d in whole or in part by any negligent or intentional act or omission on the
part of the Provider in carrying ou1Pnovidur`ydu1uyundoh|igudonyru|atudtoduBurviouytohuprovidudin
this Agreement.
(i : This Agreement may bo toonino1od at any time bv mutual written ogroonnont of
the parties orbv the County upon written notice to the Provider.
7' Entire Agreement and Signatures: The ponioo have rood this Agreement and agree to be
bound by all of its toono, and further agree that it oonodb400 the complete and exclusive statement ofthe
Agreement between the podioo onl000 and until modified in writing and signed bvthe parties. Modifications
may be evidenced by tolofbooinnilo signature. This Agreement together with any oznondnnonto or
nnodiGoodono may be ox000tod electronically. All electronic signatures affixed hereto evidence the intent of
the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66.
8. Both parties agree that this Agreement shall bo governed by
the lonro of the State of North Carolina. In determining the basic oond000 to be provided, should any
documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
9. Neither party may initiate binding arbitration. Any disputes shall be
resolved by nonbinding mediation. Should either party initiate litigation to ooUlo any dispute involving the
toono of this Agreement such litigation shall be initiated inthe {]ononU Court ofJustice of North Carolina
seated inOrange County,North Carolina.
10. Non Appropriation: Provider acknowledges that County is o 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 Coon*
immediately upon written notice to Provider ofthe unavailability ondnon'oppropdodon of public funds.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: 3BEBF133-33E7-4E10-817E-71 BOB62C96A8
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANGE COUNTY PROVIDER
DocuSigned by: DocuSigned by:
By: , Ojj t*u— : your A B y: N�ft t-I� SJA�'
mat4giTector Title: ---DC3840E7846F41D...
200 S. Cameron St. 5007 Mill Hill Lane
P.O. Box 8181 Chapel Hill,NC 27517
Hillsborough,NC 27278
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