HomeMy WebLinkAbout2017-310 Aging - William Meyers for wellness instructor R60 _30
[Departmental Use Only]
TITLE Wellness Instructor
FY 2017-18
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this first day of July, 2017, ("Effective Date")by and
between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
"County"),party of the first part; and William Meyers(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: weekly T'ai Chi classes at the Seymour Center
The term of this agreement rendered shall be from July 1,2017 to June 30,2018.
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
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 the lesser of
80% of the total client fees collected or one-thousand, five-hundred dollars, ($1,500). 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
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
Revised 2/17 1
http://www.orangecountync.,Rov/departments/purchasiniz division/contracts.php). If County's Risk
Manager determines additional insurance coverage is required such additional insurance shall consist of
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. Indenni : 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 the 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. This
Agreement together with any amendments or modifications may be executed electronically. All electronic
signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of
the Parties to comply with Article 11A 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 of this Agreement shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
9. Governing Law:aw_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 Orange County Non-Discrimination Policy and Orange County Living
Wage Policy (each policy is incorporated herein by reference and may be viewed at
http://www.orangecounlync.gov/departments/Turchasing_division/contracts.nhp.). 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 discrimination. 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 the list created by the State Treasurer pursuant to G.S. 147-86.58.
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
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 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 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
Revised 2/17 2
r
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 2/17 3
IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of
the day first written above.
ORANGE COUNTY PROVIDER
By: By: ,
County Manager Title: �
200 S. Cameron St. William eyers
P.O. Box 8181 1204 Little Creek Road
Hillsborough,NC 27278 Durham,NC 27713
Revised 2/17 4
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AC> CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) o
12/30/2016
'HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
:ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOM
'HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVO
)R P'RODU_CER,ANDTHE CERTIFICATE HOLDER.
MPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the po icy(ies)must ave ADDITIONAL INSURED provisions or be endorsed.
WBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on thig
:ertificate does not confer rights to the certificate holder in lieu of such endorsement(s). o
PRODUCER . CONTACT NAME: Mass Merchandising Underwriting o°
C&K Insurance Group,Inc. P(n"C No ExU: 1-800-506 4856 rx NO: 1-260-459-5590 o
1712 Magnavox Way E-M I
FortWayne IN 46804 ADDRESS: info@ ftnessinsurance-kk.com o
PRODUCER
CUSTOMER ID: +
INSURER(S)AFFORDING COVERAGE NAIC# N
INSURED INSURER A: Nationwide Mutual Insurance Company 23787
William] Meyers INSURER B:
1204 Little C reek Road INSURER C:
Durham,NC 27713
A Memberof the Sports,Leisure&Entertainment RPG INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: W00959806 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLIC EFF POLICY EXP LIMITS
LTR INSD WVD (MMIDD/YYYY) (MM/DDIYYYY)
A X COMMERCIAL GENERAL LIABILITY 68RPG0000006028600 0110112017 01/01/2018 EACH OCCURRENCE $1,000,000
CLAIMS- ❑OCCUR 12:OlAMEDT 12:OlAM DAMAGE TO RENTED
MADE X PREMISES Ea Occurrence $300,000
MED EXP(Anyone person) $5,000
PERSONAL&ADV INJ URY $1,000,000
GENERALAGGREGATE $5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OPAGG $1,000,000
POLICY ❑❑)ECT PRO- LOC PROFESSIONAL LIABILITY
❑ $1,000,000
OTHER: LEGAL LIAR TO PARTICIPANTS $1,000,000
AUTOMOBILE LIABILITY COMBINED INGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY(Perperson)
ONLY D AUTOS SCHEDULED BODILY INJURY(PeraccidenU
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Weracciden
NOT PROVIDED WHILE IN HAWAII
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
IDED RETENTION
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WORKERS COMPENSATION AND N/A PER OTHER
EMPLOYERS,LIABILITY STATUTE LJ
ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT T!!!!!!'
EXECUTIVE OFFICERIMEM13ER
EXCLUDEOr(Mand'atury In NH) E.L DISEASE—EA EMPLOYEE r
If yes,describe under DE SC R IPTIO N
OF OPERATIONS below E.L.DISEASE—POLICY LIMIT
MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL
EXCESS MEDICAL
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Abuse,Molestation,Harassment or Sexual Conduct Defense Cost Reimburse{nent—Limit$100,000
Non-certified Instructlorof Tai Chi
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CERTIFICATE HOLDER CANCELLATION
Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Coverage is only extended to U.S.events and activities,
NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas
ACORD 25(2016103) TheACORD name and logo are registered marks of ACORD 0ISM2015 ACORD CORPORATION. All rights reserve