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HomeMy WebLinkAbout2015-209-E DEAPR - U.S. Tae Kwon Do Center, Inc. for tae kwon do instruction $4,797 DocuSign Envelope ID:210FB50F-D15E-4627-BB63-FOBBF5AA7B2F [Departmental Use Only] TITLE Tae Kwon Do Instruction FY 2014-2015 ORANGE COUNTY CONTRACT UNDER $15,000,00 NORTH CAROLINA TFHS AGREEMENT, made and entered into this 27"' 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, (tile "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 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: Tae Kwon Do Instruction,Tae Kwon Do Summer Camp Instruction The term of this agreement rendered shall be from April 28, 2015 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 frilly competent, professional and tiiuely manner to the satisfaction of the Count),. 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 four thousand, seven hundred and ninety-seven dollars (70% of revenue for class instruction and $10 per day per student for summer Camp Instruction), ($4797.00). 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 pray, 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 ill no way waive or affect the Colony'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. hidependent 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 hisurance, 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 Revised 10114 1 DocuSign Envelope ID:210FB50F-D15E-4627-BB63-FOBBF5AA7B2F Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at litti):Horati red countknc.gov/i)ureli isiiig/coilti-acts.,s})). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark NIA 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 Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, snits, 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 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 and Signature : 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 patties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 1 IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori In determining the basic services 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. Governing Law:acv: Both panties 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 the 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek datnages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Patty, however, the Patties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 fluids 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 fluids. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID:210FB50F-D15E-4627-BB63-FOBBF5AA7B2F IN WITNESS WHEREOF, County and the Provider have sighed this Agreement, effective as of the day first written above. ORANG ,QU,01 1y: PROV uSigned by: i�ovl,�it �awlwle V sl t i� �{t t. wV'A By' os�9s4Base _ B�' €€9i=aa-aQ9Q442 — C011llty 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 10/13 DocuSign Envelope ID:210FB50F-D15E-4627-BB63-FOBBF5AA7B2F DATE{Mh7/OD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 92,D4,2915 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Magu've Insurance Agency,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 27101 Puerta Real Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Mission Viejo,CA 92691- - ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. 877,438.7459 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A:Ph?fade!ph?a Indemnity Insurance Company 18058 Steve Kim INSURER 8: dba:US Tae Kwon Do Center,Inc- INSURER C: 1S201 Rose Garden€n Du rha m,INC 27707-G800 INSURER D: INSURERf: 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 ADD'L I POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO -TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDJYYYYI DATE(MM,DD/YYYY) LIMITS A X GENERAL LIASIUTY PHPK539280-D05 03/05/2015 03/05,2016 EACH OCCURENCE $1,000,000 X COMMERCIALGENERALUASILNY Pfl El`ASES EaoccurrenCe 5100,000 CLAIMS MAOF �X OCCUR MED EXP(Any one person) $2,500 X PROFESSIONAL LIABILITY PERSONAL&ADV INtU RY $1,000,000 GENERAL AGGREGATE $3,900,000 GEM AGGREGATE LIMIT APPLIES PER: PRODUCTS—CO%1?10?AGG $3,900,000 X POLICY PROJECT LOC AUTOMOBILE LIABILITY COM$INED SINGLE LIMIT ANY AUTO - (EA accident) ALL OWNED AUT05 - BODILY INJURY SCHEDULED AUTOS {Per person} HIREDAUTOS BODILY INJURY NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE (Per acddent) GARAGE LIABILITY AUTO ONLY—FA ACCIDENT ANY AUTO OTHERTHAN EA ACC AUTOONLY; AGG EXCESS/UMBRELLA LIAM UTY EACH OCCURENCE OCCUR El CLAIMS MADE AGGREGATE DFTHJCTIRLE RETENTION EMPLOYERS'LIABILITY Y N TORYLIMJTS (E)RI H ANY PROPRICTORIPARTNERIEXECUTIVE OF HCER/A7EMSER EXC-,DED E-l.EACH ACCIDENT {Mandatory In NH) E.L DISEASE—EA AMPLOYEE if}}'es describe under . E.L.DISEASE—POLICY LIMIT SPECIAL PROVISIONS be?aw OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEH ICLES/EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS It IS understood and agreed that the following entity is added as an addhlonal Insured but only with respect(s)to the operations of the named Insured except that liability resulting from the additional Inswed's sole negpgence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Orange County Attn:Risk Management THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 2065 Cameron St,PO BOX 9181 CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DQ SO SHALL IMPOSE NO OBUGATtON OR Hillsborough,NC 27278- LIABILITY OF ANY RIND U PON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE$ENTATIVE ACORD 25(2009/01) © 1988-2009 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD