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Home My WebLink About2008-114 Park & Rec with Diane Reynolds West Ten Fund Raising Contract (2)Page 1 NORTH CAROLINA ORANGE COUNTY SERVICES AGREEMENT -~i- a ~ ~~ THIS AGREEMENT, is made and entered into this ~~` day of December, 2008 by and between Orange orth Carolina (the "County") party of the first part; a iane Reynolds 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 services to the County in accordance with the terms of this Agreement. I. TERM: December 11th, 2008 through June 30, 2009 II. MAXIMUM AMOUNT PAYABLE The Maximum Amount payable to Provider under this Agreement shall be: Thirty Thousand Dollars and 00/100 ($30,000). . III. SERVICES 1. Provider agrees to provide the following services and duties: Provider shall identify potential sponsors, contact potential sponsors and negotiate sponsorship agreements with sponsors of the West Ten Soccer Center as described more fully on Exhibit A which is attached to this Agreement and incorporated herein by reference to the same (the " Services"). Prior to contacting any potential sponsor regarding a sponsorship opportunity pursuant to this Agreement, Provider shall present a list of potential sponsors for review and written approval from the County Manager (the "Approved Sponsorship List "). The Approved Sponsorship List may be revised to include additional potential sponsors during the term of this Agreement only if any and all such additions are approved in writing in advance by the County Manager. Provider shall not contact any entity not included on the Approved Sponsor List regarding sponsorship of the West Ten Soccer Center. No commission payments shall be made to Provider pursuant to this Agreement Page 2 for any sponsorship agreement procured from or on behalf of any entity that is-not included on the Approved Sponsorship List. The sponsorship opportunities offered to potential sponsors by Provider hereunder shall be in the form of advertising signs located within the West Ten Soccer Center. Provider understands and agrees that the specifications of such signs including the size, number, type and height of such signs are limited by County regulations, including, but not limited to the County's Zoning Ordinance (collectively referred to herein as the " County Regulations.") Provider bears the burden of knowing the limits and restrictions imposed by County Regulations on signage at the West. Ten Soccer Center. Provider shall not receive any commission payments hereunder for any sponsorship agreement that calls for signage in violation of County Regulations. Provider shall not sub-contract out any of the services provided for in this Agreement without prior written approval of the County. County agrees to assist Provider in the provision of the Services as set forth on Exhibit A. IV. PAYMENT Provider shall submit an invoice for Services rendered. The invoice shall contain Provider's name and federal tax identification number and shall be signed-and dated by Provider. The County will make payments to Provider upon the occurrence of both of the following: (1) receipt of and approval of the invoice by the Financial Services Department and the Recreation and Parks Department, and (2) upon receipt of a written and .legally binding sponsorship offer in the form of an sponsorship agreement executed by the potential sponsor. The sponsorship agreement shall be developed by Provider and County and approved by the County Attorney's Office prior to sponsor presenting any such sponsorship agreement to the County. Provider shall be paid commission on each sponsorship agreement she delivers to the County in accordance with the terms of this Agreement if the sponsorship agreement is a valid and binding offer from the potential sponsor that is not revoked by the sponsor prior to the County taking action on the offer. The commission due Provider under this Agreement will be paid to provider whether or not the County accepts the particular sponsorship offer or executes a sponsorship agreement with the potential sponsor if the other terms of this Agreement have been fully satisfied. 3 Page 3 ., Provider shall be paid a commission based on a sliding scale percentage of the value of sponsorship agreements executed by potential sponsors. The sliding scale percentages are as follows: Amount of Sponsorship $0.00-$20,000 $20,001-$80,000 $80,001-$120,000 $120,001-$150,000 $150,000 + Amount of Commission Owed To Provider 130 of Total Sponsorship 15% of Total Sponsorship 18% of Total Sponsorship 20% of Total Sponsorship Not to exceed $30,000 County shall pay Provider commissions owed within 30 days of Provider presenting a binding sponsorship offer in the form of an executed sponsorship agreement from a potential sponsor. Provider shall submit all sponsorship offers to County no later than April 30, 2009 to be eligible to receive commission payments from the County under this Agreement. County may accept, and pay provider commission for, sponsorship offers procured by Provider after April 30, 2009 in its sole discretion. County shall pay Provider all. commissions she is entitled to no later than 60 days after this Agreement has been terminated. Provider shall not be reimbursed by County for any expenses, such as mileage, phone bills, incidental costs, etc., incurred by Provider in performing the Services. V. RELATIONSHIP OF PARTIES Provider is an independent contractor of the County. Provider represents that she has or -will secure, at her own expense, all personnel required in performing the Services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. It is further agreed by Provider that she shall obey all State and Federal statutes, rules and regulations which are applicable to provisions of the Services called for herein. Neither Provider nor any employee of the Provider shall be deemed an officer, employee or agent of the County. Page 4 VI. CANCELLATION This Agreement ma written notice to the agreement upon ten (10) y be cancelled by Provider upon ten (10) days' County, and the County may terminate this days' written notice to Provider. VII. INSURANCE REQUIREMENTS Provider shall obtain, at her sole expense, all insurance as required by the County's Risk Manager and shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Such insurance shall name the County as Additional Insured under both General Liability and Auto Liability policies. VIII. INDEMNIFICATION Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or misconduct of the Provider, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Provider to indemnify the County to the extent permitted under North Carolina law. IX. NON-ASSIGNMENT Provider shall not assign this Agreement, including rights to payments, to any other party without the prior written consent of the County. IX. ENTIRE AGREEMENT 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. XI. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Page 5 XII. INTERPRETATION When the context in which words are used in this Agreement indicates that such is the intent, words shall in the singular number shall include the plural and vice versa. The masculine gender shall include the feminine and neuter. IN WITNESS WHEREOF, the County and the Provider have executed and entered into this Agreement as of the day and year first above written. ORANGE COUNTY, NORTH CAROLINA ~/L,~`~ C ~~rNDU~S PRINTETTffD//rr NAME OF PROVIDER ._.. ~ /' J Laura Blackmon, Manager I J- Date ~ - ~-~ -4~ gy: ///,~,b Date: I.~~.t%~' y/o2 ILl~7~~Unin~Y G This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. ''. ' %~ FIN CE OFFICER u NAME OF SUPERVISING DEPARTMENT ~ U~~~, /V C Z7~~S (Mailing Address) ao - Sv99763 (Provider Federal Tax ID#) County isk Manager ~~ `~_ gnature of De a ment Director Page 6 EXHIBIT A Services Rendered by Provider The provider agrees to: • Supplement and expand upon the list of corporations businesses and other entities previously developed by the County for sponsorship opportunities at West Ten Soccer Center. • Identify points of contact, as appropriate, for all corporations and entities identified. • Create an electronic data base that shall be continually updated and provided to County each month during the term of this Agreement that contains the name of each sponsor contacted by Provider, the specific contact information for any individual contact, the type of contact made with each sponsor along with the outcome of said contact for each potential sponsor. This data base will be the sole and exclusive property of the County. • Deliver the brochure developed by the County regarding the West Ten Soccer Center project to potential sponsors. • Provide information, send emails and make phone calls as needed to pursue sponsorships. • Set up meetings as needed with potential sponsors and attend any and all such meetings. • Develop opportunities for "Package Sponsorships" i.e. 3 entities for one field • Promote as a primary sponsorship opportunity a 5-year sponsorship deal that is payable by the sponsor in full in advance. Develop alternate pricing structure for sponsorship payments in 5 annual installments. • Prepare a draft sponsorship agreement between sponsors and Orange County. • Use commercially reasonable efforts to obtain sponsorships in the minimum amount of $150,000 to match existing sponsorship offer. Orange County agrees to: • Provide Provider with a list of corporations, businesses and other entities previously developed by the County for sponsorship opportunities at West Ten Soccer Center. • Provide Provider with a color brochure related to the West Ten Soccer Center for distribution to potential sponsors. Page 7 • Provide Provider photographs of the West Ten .Soccer Center as requested. • Assist Provider with site visits or meetings with prospective sponsors. • Provide up-to-date information on the West Ten Soccer Center on the County website. • Provide timely response to inquiries from Provider. BLORPA. ~ Erie Insurance Group t00 Ede Mi PL Er4, PA 18680 AMENDED DECLARATIONS Ol ATTACH THIS TO YOUR POLICY. REASON FQR AMENDMENT - ERIE INSURANCE EXCHANGE PERSONAL AUTO POLICY EFFECTIVE lp/24/0$ ELIMINATED COVERAGE , JJ1013 HERRING & BICKERS INS 10/24/QS TQ 10/24/09 Q10 2406438 NG '>,i; :,.~i:oi;;:~. Lu L 4 , .~., r u n ag.pe„,,~=5,,,>,,,~~ ~~>:,c,,1:<~,t,: .:,,:.o,:r :c; ; :,5.~„ >.~. ,;n. ,r7~y~ l$:~:. ryr, o,q,.;~S,y45,;~, :. :• to ?'• } r`ti ".L'.i ~1ir, 'ti ~i •11.1 , ~i 1 r l' } , '';?!~)f,,. (,~~1,~ i? ~ \ ..1."~,,..:~~ '~'~ ~, ~[~,I,piAl~~3;:,,~„v,s4,., :,,>r:,,:?:. .,.,, ,,<,,,4:,#. ,~' .,'t~(~a~l~I T,.:,,>,,:,:r~ DIANE C REYNOLDS AS LISTED BELOW 4102 KILDRUMMY DR , pURNAM NC 27705-6315' AGENT - HERRING & HICKER5 IN$ 2344 OPERATIONS.DR., SUITE; 101 • AGENT PHONE - (919) 479-9900 DURHAM NC 27705 2336 * CQNGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS ~ ~*$*****p****n**~**~****~**********~***********~**********~ ITEM 4. AUTOS COVERED A'U10 D3 ACUR 3.2TL l~UUA56603A09OQ80 NC T13 GYM RAT~$G CLASS PTS ITEM 5. INSURANCE IS PRONTO D WHERE A PREMIUM OR INCL IS SHOWN FOR THE COVERAGE. FOR "UNINSURED AND~OR UNDERINSURED MOTORISTS COVERAGE " IF A PREMIUM CHARGE IS INDICATED, COVERAGES IS PROVIDED FOR EACH VEHICLE LI5T~D UNDER ITEM 4 FQR WHICH LIABILITY PROTECTION HAS BEEN PURCHASED. COVERAGES ,,.LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- ' LIABILITY PROTECT~0~1- BODILY INJURY ~ uuUM/PERSON $3QOM/ACC 259.66 PROPERTY DAMAG gg50 ACC 151.6E P~HYS I CAL DAMAGE CO~IERA~ES- ~ ' COMPREHENSIVE - 104 COLLISION - 500$DED DED 27], 8 QPEXTEND DQ N E E TRA S ~Xp - $30/DAY 900 LOSS r ~ / ~, 20 TOTAL ANNUAL PREMIUM FOR EACH AUTO 820,32 ' UNINSURET MOTORISTS COVERAGE- PROPERTY bAMAGE $$50M/ACC^ 10.0 DED 3 UNINSURED~UNDERINSI7RED MOTO~ISTS COVERAGE- $O I D LY NJURY $1dOM/PERSON ~300M/ACC 44 TOTAL ANNUAL .POLICY PREMIUM $ 857,32. PREMIUM REDUCTION DUE 7'0 THIS CHANGE $ 58,OOCR A~ TL LO UTOSPPLNC033p 0 ~O~Y~NCO~OIS~6~055'APNA ~ 02T05~~6TONC~OlOR10%~7S I'TEMS , V A T 1 NG0302 O1/9 . AUTO~HOME MULTI POLICY DISCOUNT APPLIES ANTIWLOGK BRAKE DISCOUNT APPLIED AUTO 1 10+~ ANTI-THEFT DISCOUNT APPLIED A^TO 1 30~$ AIRBAG DISCOUNT APPLIED AUTO 1 *******,t*,x~rw~rwwww~r***********~***~*****~r>tc*,r~r~rar,x,~x**~r~r*rr****~r*~:**~**I '* FIRST ACCIDENT FORGIVENESS APPLIES., THE * FIRST SURCHILRGE :FOR A *' . FUTURE AT-FAULT ACCIDENT WII~~, ~F~ WAIVED. x w,~*www~r,~**********>ir****~`*,**** * **~r~r~rw****w*********i~****rr*~r**xrw*; MISCELLANEOUS INFORMATION l00/100~ 1N3WdOl3A30 3~1f1a LSEtr tr89 6l6 XV~ trtr.~trl 600Z/9LI10~~