2012-082 DEAPR - Andrew Wagoner for Tae-Kwon-Do $3900

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vZo%? ~i~' ~ .F~ F.~~.~.' [Departmental Use Oniy] TITLE Tae-Kwon-Do ~Y FY 2011-12 ORANGE COUNTY CONTItACT UNDER $10,000A0 NORTH CAROLINA THIS AGItE~MENT, inade and entered into ti~is 26th day of March, 2012, ("Effective Date") by and behveen Orange Connty, North Carolina, a body politic and corporate organized u~~der the la~vs of the State of North Carolina, (the "County"), par(y of the first pn-~t; and Andre~v Wagoner (fhe "Provider"), party of the second pai~t; WITN~SSETF[; For tl~e pitrpose and subject to the terms and conditions hereinafter set forth, tlte County hereby contracfs for the services of the Provider, and ttie Provider ~grees ta provide the following services ta the County in Rccordance ~vith the terms of this Ageeement, time being of the essence: Tt~e services and/or materials {hereinafter refei-~•ed to coliectively as "Seivices") to be furnished under tliis Agreement are as follo~vs: Tae-K~von-Do insti•ttction. Tnstructor recieves 75% of the inco-ne fi•an ~veekly Tae Kwon Do classes and $50 }~er student enrolled in MaMial Arts Camp. Tl~e term of this agreeinent rendered sl~all be fi~om Apri) I, 2012 to June 30, 2012. Provicler represei~ts and agrees that Provider is c~ualified to perform and fully capable of performing and providing the services required or uecessary under this Agreeinent i~i a fiil[y competent, peofessional and time[y manner to tlie satisfacfion of tt~e Coui~ty, Provider sli~lt 6e responsible for flll erinrs or omissions, in the performance of the Agreemeut. Provider sl~all correct any and atl errors, anissions, discrepai;cies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provide~• shall not sub-coi~tract any of the services to be provided in this Agreement, nor shall Provider assign any right or respa~sibility granted or required by this Ag~•eement, ~vithout the prior written approval of the County. SP~CTFIC TERMS l. Pa, nv ient: The Comity agrees to p~y at tl~e rates spcc~ed for Services satisfactorily pecformed in accord with this Agreemeut. The amount to be paid by the Couuhy sl~all not e~ceed Three thousand Nine Hundred Dollars, {$3900.00). Paymeut sl~all be u~ade ~vitl~vi ti~u~hy {30) days of an invoice }~roperly subtnitted to County. Should Provider fail to perform its duties iuider t~e terms of this Agreement, County may, ~vithoitt fault or penalty, ~vithliold any payment associated ~vith the work to be performed until such tiine as said work is completed. 2. Non-~vaiver: Failure by County at any time to require the pec~fori~~ance by Provider of any of the provisions hereof shall in no ~vay waive or affect the County's right hereuuder to enforce the same, nor shall any waiver by the Counly of any breach be held to be a~vaiver of any succeeding Ureach or a waiver of this Non-Waiver Clause. 3. Jndepende~tt Contractoe: T1ie Provider shall operate as an inde~~E,ndent Provider, and the County shall not be eesponsible for any of the Provider's acts or omissions. The Prcrvider shaU not be h~eated as an employee ~vith respect to the Services perforn~ed l~ereundee for federal or stHte tax, u~iemployment or wortcers' con~pensation purposes. Tlie Providcr understauds that ueitl~er federaE, ~or state, uor payroll tax of any kind stiall be withheld or paid by t1~e Coui~ty on behalf of tl~e Provider or the einployecs of the Provider. 4. Insurance: Tiie ProvideC SIIAI~ OVtfllIl~ ~t its sole espeuse, SII L11SUl'AIICC LICCCICCI t0 1(jC(tURtCIy insure itself diEring the perforinauce of these services as required by the Couuty's Risk Managemei~t Policy. Revised July 20I0