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Home My WebLink About2016-358-E DEAPR - U.S. Tae Kwon Do Center, Inc. for tae kwon do instruction DocuSign Envelope ID:49F804DF-69A6-4A6E-B52D-8629B F840373 Loepartmental Use Only] TITLE Tae Kwon Do Instuction FY 2016'2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of July, 2016' ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "CnuutO, party of the first part; and Steve Kim a.k.a. U.S. Tae Kwon Do Center (the "Provider"), party of the second part; WITNESS0TH: 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 Classes and Tae Kwon Do Camp Instruction The tern) of this agreement rendered shall.be from July 5, 2O|6hn June 3V' ZU|7. 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 C000ty. 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 Cnuo(y. 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 (lie County shall not exceed fourteen thousand, six hundred and eighty-two dollars (Tae Kwon Do Classes, 70% of registered participant revenue; Tae Kwon Do Camps, $!0 per registered participant per day, ($)4082.0A). 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(lie County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to hex 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(lie 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 6/16 l DocuSign Envelope ID:49F804oF-69A6-4A6E-e52o-8628eF840373 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://vvww.orangecnuntync.Kov/departments/VumhaoinK div|sion/contracty.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a (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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable notice to tile Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its tenou, 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. This Agreement together with any amendments or modifications may be executed electronically. Ni electronic signatures affixed hereto evidence the intent of the Pal-ties to comply with Article \ |A and Article 40 of North Carolina General Statute Chapter 66. @. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Or nge County Anti-Discrimination Policy, Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to d|our|ou|untioo. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on tile list created by the State Treasurer pursuant to G.S. 147'80.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages 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 pal-ties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties 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 fundi under tile 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. Revised 6/16 2 DocuSign Envelope ID:49F804DF-69A6-4A6E-B52D-8629B F840373 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:49F804DF-69A6-4A6E-B52D-8629B F840373 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORA7GOLINTY PRO VHAR .,t,cuSigned by: 156wwit, tkototAtIrStui gum- 614i By: By: Me-7994137-55 County Manager Title: 200 S. Cameron St, Steve Kim, U.S. Tae Kwon Do Center P.O. Box 8181 3203 Rose Garden Lane Hillsborough, NC 27278 Durham NC 27707 Revised 6/16 4 –DocuSign Envelope ID:49F804DF-69A6-4A6E-B52D-8629BF840373 — - ( -----) n DATE ompoirryti CERTIFICATE OF LIABILITY INSURANCE 01/210016 ke.----' ,....... PRODUCER _____ THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Mae•Tke TntereNe Iltenty,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 27101.Puerle Reel5tAte 200 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR • • MIssicn%Rein,CA 92691, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, ' B77.4 38.7459 INSURERS AFFORDING COVERAGE . NAIL II INSURED MUD REA A:PTele delp•Ya IndcreCey frDueence Compary TRISB • STeve KLei INSURER 11, .. dee:US Tee Kwon OD Center,Inc. INSURER C 15201 Rose Geo:1E1Ln INSURER 0: 64Thern,NC 27202-BETO INSURER ET 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 AWL POU CY EFFECTIVE POLICY EXPIRATION . LTA I NSITT1 TYPE OF INsURAN(E Po TICY NuDITI ER PATE(M.2.1/00/TYVY) bA7C(MMifloreYeY1 UMRS A X CENTRAL ITABILITY INIPX539280-CO5 02/05/t016 03/05/2017 EACH OCCUR ENCE 51,020,000 Ill COMTAFPCIC.GENERAL UALTIUTY . . PR..EMIrES I.EaRecC8crurr'enCel 5100,000 Ull (TANS MADE El OcCUR MEO IV(Any Tsele person) PACO n PROFESSIONAL LIABILITY PERSONAL BADV INJURY $1.000,020 GENERAL AGGREGATE . $3,000,0G0 GENT AGGREGATE OMIT APPLTES PEP: PRODUCTS-COMP/OP AGO $3.000,000 111 POtICY PROTECT H LOC IIII AUTOMOBILE LIABILITY COMBINED MOLT WAR KA widen) ANV AUTO III At(OWNED AUTOS DODILY ROM . III WAN-kW AUTOS Per pi rSan) III HIRED AUTOS 111 BOORT INJURY 1111 NON-OINNED AUTOS (Per etcPlefil III PROPERTY DAMAGE il (Pe,aolln1) ••---- 1111111111Min AUTO ONLY ACCIDENT OTHER THAN TRACY al AUTO ONLY; AGO EXCESS/umBRELLA LEAN LITY 111,ACTRE".":"" MI oca„, E CLAMS TAM( le ROETEF 7:01 ON!.E• 4Zp-t.M'tiA'armE'r-, "' ° Y IN III I 7"avel a r s 1111 TB 11111M.11 gliciE4MgaxPMTAUREcur I‘r. Li EE.1t:DE:71 AEG CI:JAE AffEwLou (Mande tory DT tINJ ISMIrAdIVVI$Z1Srb.:-Iaw EL DTS€ASC-POLICY lIMIT Il 01ìR DESCRIPTION OF OP&RATIONS/LOCATIONS/VEITICILS/EXCLUSTONS AODED AY F.NOWISTBITNT/SPECIAL PROVISIONS • III,todersload and egTe Ed(hal the TelToMre et fry h aeded as in iddnil!nsored Dot onITT with tespect(s)to the operations RI The nrced Inivreel except Thal ITTLBRy resutrng Om the Winona'IATurecTs We 1-,E;Igente. CERTIFICATE HOLDER CANCELLATION snowp ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED REFORE THE EXPIRATION nAik owse COTT Tly Mtn:PITIT MeenietTeent THEREDF,TNT ISSUING INSURER WILL ENDEAVOR TO MAIL 10 OATS WRITTEN Noucc 10 THE 2C4 5 Ca Tn.econ 51,PO BcTIT BUD CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO no so SHALL IMPOSE NO OBUOATION OR HMI:mouth,TIC 27278-' IIABILITY OF Ally KIND UPON THE INSURER./TS AGENTS OR REPREsTNTATIVES. AUTHORITECT REPRESENTATIVE . ( , ._.... • ACORD 25(2009/01) 0 19882009 ACORD CORPORATION.All rights reserved, The ACORD name and[ago are registered marks of ACORD — — •