INDEPENDENT CONTRACTOR- PROFESSIONAL SERVICES AGREEMENT. Description of Services. Responsibilities of the Parties

(1)

INDEPENDENT CONTRACTOR- PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT

("Ag

reement"

)

is effective as of this 1]_

day of MA\l

,

20

15 _,

by and between

the

Park

s

and Leisure Services

Department

of

Beaufo~

('"Co

unty

"),

a

body politic

and

political

subdivision of the

State

of South Carolina,

P.O. Box

1228,

Beaufort

,

SC, 2990

I

,

and Idelsa

Matos,

("Co

ntractor")

,

20 Simmonville Road

,

Apartment

1908, Bluffton,

SC 299

I

0. Both

entities

may

be collectively

referred

to

herein

as

"

Parties."

In

consideration of the mutual

covenants set forth

in this Agreement

,

and other good and valuable

consideration, the

receipt and sufficiency of which

are hereby acknowledged

,

the

Partie

s

to this

Agreement hereby agree as follows:

Description of Services

The Contractor, who possesses the requisite skill, ability and adequate

staffing,

proposes to

provide communit

y

programming and independent instructional services to Beaufort County

citizens.

Responsibilities of the Parties

I. Responsibilities of the Contractor

a. Contractor agrees that

it will

provide instructional services Monday,

Wednesday

and Friday from 5:30pm to

6:30pm.

b.

Co

ntractor agrees

that in

exchange

for

the use

of the

Beau

fort Co

unt

y

Parks and

Leisure

Service

s

-

Bluffton

Cente

r Dance

Studio to

hos

t

the Contractor's

independent

instructional

services

that

Contractor shall pay unto County thirty

percent (30%) of

the gross revenue generated from

independent activity.

II. Responsibilities of the

County

a. County agrees to provide the

Co

ntractor with access to the

Beaufort County Parks

and

Leisure

Services

Bluffton

Center Dance Studio on Monday,

Wednesday and

Fr

ida

y

from 5:30pm to 6:30pm.

b.

Co

unty

agrees

to

register participants and provide a copy of the roster to

the

Contractor.

Participant

sha

ll

be

c

h

a

r

ged

thirty- five dollars

($35.00)

per month or

ten dollars

($I

0.00) per week upon

regis

tration.

(2)

c.

County shall

disburse

to Contractor

the

gross

revenue minus

thirty

percent (30%)

of the

gross revenue

on a bi

-

weekly basis

.

d. TERM

The

term

of

this Agreement

shall

be

for

a period

of

one

(1) year

beginning with the date

first

identified

above

.

This Agreement

may

be extended

upon the

mutual

written consent

of

both

the

County and

the

Contractor.

Both County

and

the

Contractor

may terminate this Agreement

for convenience upon thirty

(30)

days

written notice

to the

other

party. If this

agreement shall

be

terminated prior to its expiration date

,

the

County shall

be entitled

to

payment of

a

prorated

amount

for any

and

all fees due and

owing

to the

County for said

period.

County

may terminate

this

Agreement with Contractor for

cause at

any

time and without prior notice.

INDEPENDENT CONTRACTOR STATUS

It

is

mutually

agreed

that

Contractor

,

its agents

and

personnel

,

are

independent

contractors

and

will exercise complete control over

their actions

,

and the

actions

of their

employees

,

staff

,

agents or contractors

,

in performing the

above

described

services. The

Contractor agrees to

accept all risks

and

to be responsible

for all

ri

s

ks that may occur

as a

result

of its service under

this

Agreement. The Contractor further agrees

to hold the

County

harmless

and to

indemnify the

County for any and all claim

s

brought

against

the

County as a

result

of

his

,

its

employees', or

his agents' performance(s) under this

Agreement

that are caused

in whole or

in

part

by the

Contractor

'

s

negli

g

ent acts or

omi

ss

ions

.

Contractor agrees

that

County

may perform

a

criminal background

check on Contractor

and

may terminate

this agreement

in its

sole

di

s

cretion if

it di

s

cover

s

any prior criminal

record

on

behalf

of

the

C

ontractor or Contractor

'

s agent

s

,

employees, or subcontractors

.

Prior to

the

commencement of this Agreement

,

Contractor shall

provide appropriate

(3)

current on all outstanding obligations owed

to

the County.

INSURANCE

Contractor agrees to

purchase

and at all times

maintain

liability

insurance in

an amount of

no less than

One

Million

and Noll 00 Dollars ($1

,00

0,000)

and shall

name the

County and

Beaufort County

Parks

and Leisure

Services

an additional insureds on said policy. The

Contractor shall

provide the

County with

proof

of insurance prior

to

commencement of any

operations and shall thereafter

provide the

County

with

annual

updates

of said

policy thereafter

.

NON-DISCRIMINATION

Contractor certifies

that

in

the performance

of this Agreement, it will

not discriminate

any

person

,

client

,

or subcontractor on

account

of race, color,

sex

,

age, religion, handicap

,

or

national origin.

NON-APPROPRIATION

Notwithstanding any

provision

of

this

Agreement,

the parties hereto

agree that

in the

event sufficient appropriations, grants, and monies are not granted

by the Beaufort

County

Counc

il to pay

the compensation

hereunder

,

this Agreement shall

terminate

without further

obligation of County.

INVALIDATION

Any

provision

of this Agreement prohibited

by law

shall

be ineffective to

the extent of

such

prohibition

without invalidating the

remaining provisions

of

this

Agreement.

VENUE

Sole venue for any action arising out of this Agreement shall

be Beaufort

County, South

Carolina.

IN

WITNESS

WHEREOF,

the parties

hereto have

exec

uted

this Agreement

the day

and

year

first

above written.

(4)

BEAUFORT COUNTY, SOUTH

CONTRACTOR

Address: 20 Simmonville Rd

Apt. 1908 Bluffton, SC 29910

Telephone Nu

mber

: 787-222-1119

(5)

ACORD

• ._

CERTIFICATE OF LIABILITY INSURANCE

_J

DATE (MMIDOIYVY03/31/2015 Y)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORAL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.

IMPORTANT:

If

the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the

terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

certificate holder in lieu of such endorsement(s).

PRODUCER j"_NAMEONTACT _: Mass Merchandising Underwriling

K&K Insurance Group. Inc PHONE_A_/C_No: _._Ext)_: ₁_-₈₀₀_-506_-4856 'fAX: (A/C, No): 1-260-459-5590

1712 Magnavox Way _E_-_MAIL

·nfo@fitnessinsurance-kk.com Fort Wayne IN 46804 lf.ODRESS:

INSURER(S) AffORDING COVERAGE NAIC • NSURER A: Nationwide Mulual Insurance Com_!)_anv 23787

INSURED NSURER B:

ldelsa Matos NSURER C:

20 Simmonv11le Road. APT 1908 INSURER 0:

Bluffton, SC 29910 NSURER E:

A Member ollhe Sports Le1sure & Entertainment RPG _{NSURER F}_:

COVERAGES CERTIFICATE NUMBER· V\100613022 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 SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVVN "-AY HAVE BEEN REDUCED BY PAID CLAIMS

~;:

TYPE OF INSURANCE ADDL _{IN SO} SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS

WVD {MMIDOIYY) {MMIOO/Y'YJ

A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000005691800 03/3112015 03/3112016 EACH OCCURRENCE S1.000.00C

j

CLAIMS·MADE

0

OCCUR 4'49 PM EDT 12·01 AM DA_PREMMAGE _I_SESTO RENTED _{lEa occurrence} $300.000

r-

MED EXP (An~ one person) $5.000

PERSONAL & AOV INJURY S1 000,000

r-

1--GEN AGGREGATE LIMIT .<.PPLIES PER GENERAL AGGREGATE

S5 000 000

~'"

0 '

JEC

"'

T D LOC PROOUCTS-COMP!OP AGG _$1_.₀₀₀_.₀₀₍

OTHER PROFESSIONAl LIABILITY $1.000,00(

LEGAl LIAS TO PARTICIPANTS $1,000,00(

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT

-

EaAcodenl)

ANY r,uro BODILY INJURY (Per per>on)

-ALL 0\f\NED AUTOS B CHEOULED BODILY INJURY (Per acoaenl)

f-- UTOS

HIRED AUTOS ~~O~IM>IED PROPERTY DAMAGE

f--_N_<M lrPer acodent

proVJOe<J wn11e Jn Haw&l

-

UMBRELLA LIAB p :x:CUR EACH OCCURRENCE

EXCESS LIAB CLAIMS·MADE AGGREGATE

-

_OED_{j j R}_ET_ENT_I_O_N

WORKERS COMPENSATION _I_~ER

_J

joTHER AND EMPLOYERS' LIABIUTY YIN STATUTE

ANY PROPRIETORSHIP/PARTNER/

_D

_{E L EACH ACCIDENT}

EXECUTIVE OFFICER/MEMBER

EXCLUDED? N/A E.L DISEASE-EA EMPLOYEE

(MandoTory in NH)

t( yes descnbe unoer _E_L_DISEASE_-_PO_LIC_Y_LIMir

DESCRIPTIO/I OF OPERATIONS oeto,.

MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL

EXCESS MEDICAL

De~ •"'~ uul'l OF OPERATIONS I LOCATIONS I VEHICLES (A ORO 101, Addotlonol Remorlcs Schedule, moy be ottoched II mo~ spaeo is requo~d)

Certified Instructor of. ZUMBA (R)

The cert1ficate holder is added as an add1ttonal1nsured, but only lor habillly caused.an whole or in part, by the acts or om1ss10ns of the named tnsured

CERTIFICATE HOLDER CANCELLATION

Parks and Leisure Serv1ces Department of Beaufort County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

PO BOX 1228 THE EXPIRA TIDN DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE

Beaufort. SC 29901 WITH THE POLICY PROVISIONS.

(Owner/Lessor of Prem1ses) AUTHORIZED REPRESENTATIVE

~

·W

Coverage is only extended to U S

events

and ac11v1t1es

··NOTICE TO TEXAS INSUREDS The Insurer lor the purchas1ng group may not be subject to all the Insurance laws and regulations of the State of Texas

(6)

.

POST IN

A

CONSPICUOUS

PLACE

CUUN

I Y CUUNCIL Ut- tjcAUt-UK

I

BUSINESS

AND

PROFESSIONAL LICENSE

Business

Name

:

IDELSA MA

Address:

I

DELSA

20 SIMM

BLUFFTO

THIS

LICENSE

EXPIRES

12/31/2015

This license becomes null

&

void if

lif..onlilt8h

'

IC

.

Licensee must apply within

10

dav!~f~~'~a

applicable building

&

zoning reg~llaQ~Ii4:J~Iini

Classification

:

AMUSEMENl~~l~l~~~fa

Date Issued

:

05 /

21/2015

KEEP THIS COPY

FOR YOUR

RECORDS

COUNTY COUNCIL OF BEAUFORT

BUSINESS AND PROFESSIONAL LICENSE

THIS LICENSE EXPIRES 12/31/2015

License Number

16144

Number

:

787-222-1119

PAID

License

Number

16144

Business Name and Address

:

Type

:

AMUSEMENT

AND

RECREATION

SF

V

IDELSA MATOS

20 SIMMONSVILLE

RD

1908

BLUFFTON

,

SC

29910

MINIMUM BUSINESS TAX

Th1s is to certify that the person or firm named here1n has paid into my hands

m1n1mum payment of tax as set out herein for the use and benefit of the county

aforesaid. and is licensed to engage in the business of:

Classification

.

AMUSEMENT AND RECREATION SRV

Date Issued

:

05 /

21 /

2015

By~ rd<~

_EDRA

D

.

STEPHE~

Temp Perm

:

P

Phone Number

:

787-222-1119

Temp

v

a

lid

at this location only

: