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Home My WebLink About2016-172-E Aging - Karen Weaver for wellness classes DocuSign Envelope ID: 5D5A595E-2BB6-4DD8-9F77-030F1CC8DC59 [Departmental Use Only] TITLE Wellness Instructor FY 16-17 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 23rd day of February, 2016, ("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 Karen Weaver (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: natural skin care appointments each week at the Passmore and Seymour Centers The term of this agreement rendered shall be from February 29 to June 30, 2016. 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. 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 the lesser of 90% of total client fees collected or seven-hundred, twenty dollars , ($720.00). 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 County's Risk Manager as such insurance requirements are described in the Orange County Revised 1/16 1 DocuSign Envelope ID: 5D5A595E-2BB6-4DD8-9F77-030F1CC8DC59 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here personal 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 County's Risk Manager. 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 omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: 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. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. 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 1/16 2 DocuSign Envelope ID: 5D5A595E-2BB6-4DD8-9F77-030F1CC8DC59 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER Docu5igned by: Docusigned by: By: �atn iGc fiFFAA��t V By: W t11'YG LFEYI�'�etor Title: BOE69EC9e6474B6... 200 S. Cameron St. 431 Hampton Pointe Blvd. P.O. Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 1/16 3 li DocuSign Envelope ID: 5D5A595E-2BB6-4DD8-9F77-030F1CC8DC59 3 3 Ar r7�N, UtSUt AUCE GROUP becatity/& T(�(�(r Great American Alliance Insurance Company �oI 1 Y 181 U#i N 301 E.Fourth Street,25 S ADMINISTRATED BY 111111-111JJnS1UPYa►►11CP,1t-111111 Cincinnati,OH 45202-4201 Veracity Insurance Solutions,LLC http://www.iiisurebodywork.com South 2500 West Suite 303 nsurebodvwork.cam Pleasant Grove Utah 84062 r 866-395-1308 infofa insurebodvwork.com i` COMMERCIAL GENERAL LIABILITY COVERAGE FORM— CLAIMS MADE COVERAGE is SPECIFIED PROFESSIONAL LIABILITY COVERAGE FORM— CLAIMS MADE COVERAGE THIS POLICY IS WRITTEN ON A CLAIMS MADE COVERAGE FORM. IT IS AGREED THATTHIS CERTIFICATE IS ISSUED TO THE CERTIFICATE HOLDER LISTED BELOW TO CERTIFY COVERAGE UNDER THE COMMERCIAL GENERAL LIABILITY INSURANCE MASTER POLICY LISTED BELOW. INSURANCE COMPANY:GREAT AMERICAN ALLIANCE INSURANCE COMPANY POLICY NUMBER: NAMED INSURED: BEAUTY HEALTH&TRADE ALLIANCE PL3842262 CERTIFICATE HOLDER:Karen Weaver ADDRESS:431 Hampton Pointe Blvd,Hillsborough,NC 27278 CERTIFICATE NUMBER: POLICY PERIOD:0 211 8/2 0 1 6 TO 02/18/201712:01 A.M.STANDARD TIME ATYO UR ADDRESS SHOWN, BWI043433 IN RETURN FOR PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL OF THE TERMS OF THE POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, A. Specified Products, Goods, Operations and Premises Covered: Health and beauty related products and goods normal and incidental to the practice of those Professional Services of which the Insured is a practitioner or student practitioner;all related premises and operations of the Insured B. Professional Services: Massage and Related Modalities;Animal Massage and Related Modalities;Esthetics, Cosmetology, Nail Technician, Aromatherapy, Reflexology and Energy Work Including Their Related Modalities; Face &Body Painting LIMITS OF INSURANCE General and Professional Aggregate Limit(Other than Products- Completed Operations) $ 3,000,000 Products-Completed Operations Aggregate Limit $ 3,000,000 Personal and Advertising Injury Limit $ INCLUDED General and Professional Each Occurrence Limit $ 2,000,000 Damage to Premises Rented to You Limit $ 300,000 Any One Premises Medical Expense Limit $ 5,000 Any One Person I Identity Recovery Coverage Aggregate Limit $ 15,000 Deductible $ 250 RETROACTIVE DATE:02/18/2016 RATE: $ FLAT TOTAL POLICY COST :(The cost is 100% earned/non refundable) $ 99 COMMERCIAL INLAND MARINE/BUSINESS PERSONAL PROPERTY: $ INCLUDED DocuSign Envelope ID: 5D5A595E-2BB6-4DD8-9F77-030F1CC8DC59 r C 11,411RA1,10f. beady w, t Great American Alliance Insurance Company BODYWORK 301 E.Fourth Street,25 S ADMINISTRATED BY p Cincinnati,OH 45202-4201 Veracity Insurance Solutions,LLC —InSUral1GP,- 513-579-6300 260 South 2500 West Suite 303 htto://www.insurebodVWork.com Pleasant Grove Utah 84062 866-395-1308 info(a),insurebodywork.com THIS INSURANCE IS SUBJECT TO ALL THE TERMS AND CONDITIONS,INCLUDING APPLICABLE ENDORSEMENTS,OF THE COMMERCIAL GENERAL LIABILITY INSURANCE MASTER POLICY.A COPY OF THE COMMERCIAL GENERAL LIABILITY INSURANCE MASTER POLICY ACCOMPANIES THIS CERTIFICATE.ADDITIONAL COPIES WILL BE PROVIDED TO THE CERTIFICATE HOLDER IF REQUESTED BY THE CERTIFICATE HOLDER.PLEASE READ THE POLICY AND ALL ENDORSEMENTS. r f NO ADMISSION OF LIABILITY MAY BE MADE EITHER VERBALLY OR IN WRITING FULL DETAIL OF ANY INCIDENT SHOULD BE SENT IMMEDIATELY BY EMAIL TO CLAIMS(oVERACITYINS.COM OR BY LETTER TO VERACITY INSURANCE SOLUTIONS,LLC 260 SOUTH 2500 WEST SUITE 303,PLEASANT GROVE,UT 84062. QUESTIONS: Veracity Insurance Solutions,LLC 260 South 2500 West, Suite 303 Pleasant Grove, UT 84062 T:866-395-1308 F: 801-763-1374 info(dinsurebodMork.corn ADMINISTRATOR'S SIGNATURE. r _ ii - I i= i° I' i, t (