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Home My WebLink About2012-122 DEAPR - Fun2 Ref-Lynn Dunbar[Departmental Use Only) TITLE Referee Services FY 2011-12 ORANGE COUNTY CONTRACT UNDER $10,000.00 ` e 'alt SEV-1 011>411VT1 -76V a z THIS AGREEMENT, made and entered into this 23 day of April, 2012, ( "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 Fun 2 Ref - Lynn Dunbar (the "Provider "), party of the second part; W ITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for (lie 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: Referee Services The term of this agreement rendered shall be from April 25, 2012 to June 30, 2012. 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, nustakes 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 six - thousand two- hundred dollars, ($6200.00). 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. Lrdependent Contractor: The Provider shall operate as an independent Provider, 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 (lie County on behalf of the Provider or the employees of the Provider. 4. Lisurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 5. Indemni : 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. G. 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. 7. 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 unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsinule signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 9. 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. hi the event that public finds 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 fiends. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORAN O Y By: County Mana r 200 S. Cameron t. P.O. Box 8181 Hillsborough, NC 27278 PROVIDE (� Title: ` e U Lynn Dunbar, Fun 2 Ref 1105 Infinity Road Durham, NC 27712 This instrul nth een pproved as to technical content. David Stancil, Department Director This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. Au4" J. A4.1t._ Office of the Finance Director This instrumeW has been approved as to form and legal sufficiency. ce of the County Attorney Revised July 2010 2 Z0(2_tZz ORANGE COUNTY — CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Fun 2 Ref - Lynn Dunbar Party/Vendor Contact Person: Lynn Dunbar Contact Phone: 919- 477 -3533 Party /Vendor Address: 1105 Infinity Road City Durham State: NC Zip: 27712 Department: DEAPR Amount: $6200.00 Purpose: Referee Services Budget Code(s): 10511020- 630000 Vendor # 59066 (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date April 25 2012 Approved by Board Yes❑ No❑ Agenda Date: Title of Contract: Referee Services If this is a Grant Agreement, pre - application has been approved by the Board of Commissioners Yes El No❑. If submitted forbid were bids /RFPs received Yes[] No[:] Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: Date: El IT Director (Applicable only to hardivare/sofiware purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Directo 1 nature: Date: Risk Manngement Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Properly; OR No Insurance Required [4: Hold Contract pending receipt of Certificate of Insurance ❑. Willi incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: Risk Manager's Signature. tz' Date: -5• Zl • l 7/ if v / C d O(yf et/ ��griafN re) Financial Services This Contract is condition d rpon appropriation by the Board of Commissioners Yes ❑No A budget amendment is necessary before approval Yes[] No� If budget amendment is necessary, please attach to this form. his instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Conlr IA L 51211j-1, Financial Services Director's Signature: Date: County Attorney Approval by Board ❑ (Contracts $90,000.00 or more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approval by Mana Most other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: County Manager_ This contract has been reviewed and is approved by th County Manager Y No❑. This contract has been reviewed and is for si iatur the Chair Yes ❑Noo� Manager's Signature: Dater / �l t- Clerk to the Board Approved by BOCC on the _ day of 120. Submitted for Chair signature on the _day of , 20_ Clerk's Signature: Revised March 2012 Date: