The URL can be used to link to this page

Home My WebLink About2019-373-E Aging - Michael Savino wellness instructorRevised 12/18 1 [Departmental Use Only] TITLE Wellness Instructor FY 2019-20 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this first day of July, 2019, (“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 Michael Savino (the "Provider"), party of the second part; W I T N E S S E T H: 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: therapeutic massage The term of this agreement rendered shall be from July 1, 2019 to June 30, 2020. 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 two- thousand dollars, ($49.50 per hour). 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 DocuSign Envelope ID: E23D1479-70ED-495A-99E9-B25A56F5591C Revised 12/18 2 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 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, without limitation, 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 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. 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. 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.orangecountync.gov/departments/purchasing_division/contracts.php.). 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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. DocuSign Envelope ID: E23D1479-70ED-495A-99E9-B25A56F5591C Revised 12/18 3 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Michael Savino P.O. Box 8181 505 Long Leaf Drive Hillsborough, NC 27278 Chapel Hill, NC 27514 DocuSign Envelope ID: E23D1479-70ED-495A-99E9-B25A56F5591C DocuSign Envelope ID: E23D1479-70ED-495A-99E9-B25A56F5591C L1 DATE IMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 0811712018 PRODU ERTHIS CERTIFICATE IS IS9UEI5 TS A UTTER OF INFORMATION Insurance Pius 800-222-1 1 10 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENT] OR Willis of New York,Inc.,Brookfield Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 200 Liberty Street,6th Floor New York,IVY 10281 INSURERS AFFORDING COVERAGE NAIC N INSURED }NsuHERA Aspon Specialty Insurance Company, 10717 Michael A Sarin° Report all,clal.ms to Insurance Plus Program via e-mail at 505 Long Leaf Drive ProfessionalLiabilityClaims@aspen-insurance.com Chapel Hill, NC 27517 ins,#96597 1N%RER0i INSURER C7 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO 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 POLICY NUMBER TYPE OF IRS NCE PAOFLEIC YM MEOFEYIYVYE P OL7IECY PODTION LIMITSt Ns OENERAL LIABILITY EACH OCCURRENCE $2.000.000 X COMMERCIAL GENERAL LIABILITY 68117/2018 08/1712019 PRE Miks E RENTED rxej,' $i00,oa0 CLAIMS MADE x OCCUR #LRAFVTX17AOM MED EXP(Any one person) $N►A A PERSONAL&ADV INJURY $2,000,000 l LL GENERAL AGGREGATE 5 3.000.000 OFN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2.000,MG BffB X POLICY PR4- LOC BUS.PERS.PROP.AGG 1 DEB $L0001 S25DJEC fi AUTOMOBILE L"ILITY COMHINEp SINGLE Llh14T S ANY AUTO (Pa accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per acciden!) S PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S &k ANY AUTO OTHER THAN EA AGG S AUTO ONLY: AGG S EXC ESS I UMBRE LLA LIA131LITY EACH OCCURRENCE: $ OCCUR "MS MADE AGGREGATE S $ DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION WC STATU• OTH� AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER , ANY PROPRIETORIPARTNFRIFXECUTIVE❑ El.EACH ACC ID ENT S OFFICEWMEMBER EXCLLIDED7 (Mandatary In NHl E-L_DISEASE-EA EMPLOYEE S "keg T yes,descrlUe under _BPEdIZ PR n,', fi hclow E-L.DISEASE-POLICY LIMIT S A OTHER ProlessfonaE Liauility #LRAFVTXl7AOM 2.D00,000 per occurrence 1$3,000.000 annual 08/1712018 08/17/2019 agg7°yale u DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 CXCLUSIONS ADDED BY ENOORS5MENT 1 SPECIAL PROVISIONS Not Applicable CERTIFICATE HOLDER CANCELLATION S14OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO 61AIL 10 DAYS WRITTEN Not Applicable DATE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (4 ACORD 25 12009/01) 0 1968.2009 ACORD CORPORATION. All rights reserved. INS025(2oo9a1) The ACORD name and logo are registered marks of ACORD