The URL can be used to link to this page

Home My WebLink About2015-208-E DEAPR - Fun2Ref LLC for referee services $8,200 DocuSign Envelope ID: 30A67060-F305-4F21-802E-49D2C241AElB [Departmental Use Only] TITLE Referee Services FY 2014-15 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA TI-HS AGREEMENT, made and entered into this 4th day of May, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (tile "County"), party of the first part; and Fun2Ref LLC (tire "Provider"), party of the second part; WITNESSETH; For tlue purpose and subject to the terms and conditions hercinafier 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, tirnc 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 Tile term of this agreement rendered shall be from May 4, 2015 to June 30,2015. 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 tine 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 riot sub-contract any of tine services to be provided in this Agreement, not- shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I. Payment: Tile 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 eight thousand, two hundred dollars, ($8,200.00). 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 sureh 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 sliall in no way waive or affect the County's right hereunder to enforce tlue 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 rvay be required by Owner'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 Revised 10114 1 DocuSign Envelope ID: 30A67060-F305-4F21-802E-49D2C241AElB incorporated herein by reference and may be viewed at littp://oi-aii Jec, cotrntyrtc.goN,/I)iii-eliasiii /g coiitt'acts.asi)). If Owner's Risk Manager determines additional insurance coverage is required such additional additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not continence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. hidemni 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 oil the part of the Provider. 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. 7. Entire Agreement and Si nab: The parties have read this Agreement and agree to be bound by all of its terms, and ftirther 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. This Agreement together with ail), amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. $. Priori r: 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. 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. 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 anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought ill the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of airy dispute prior to the bringing of such suit or action. 11. 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 tite 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. [SIGNATURE PAGE TO FOLLOW] Revised 10/144 2 DocuSign Envelope ID: 30A67060-F305-4F21-802E-49D2C241AElB IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSig ned by: By L OV�,I�it, h*mtrs By " of Un,�m �jT�94 gel• 8E027AE66E6B401... 200 S. Cameron St. Arlene Lynn Dunbar, Fun2Ref LLC P.O. Box 8181 1105 Infinity Road Hillsborough,NC 27278 Durham,NC 27712 Revised 10/14 3 DocuSign Envelope ID: 30A67060-F305-4F21-802E-49D2C241AElB A°►M" CERTIFICATE OF LIABILITY INSURANCE DATE8M(jh DIYYYY) 08!0612014 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh Dawson Insurance Agency,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5410 NC Highway 55,Sutie At HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Durham, NC 27713 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 919.806.5109 INSURERS AFFORDING COVERAGE NAIC# INSURED- INSURER A: Nationwide Mutual Insurance Company-__ Fun2Ref,LLC INSURER B: Riverport Insurance Company 1105 Infinity Road - Durham,NC 27712-9795 INSURER C: INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR INSR TYPE OF INSURANCE POLICY NUMBER DATE(MMI�DITYYYE PRATE(MM@DlYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000 000 X A ® COMMERCfAL GENERAL LIABILITY GENERAL AGGREGATE 5 2,000,000 ACP GLGO 2235150455 0811612014 08/16/2015 ❑ ❑CLAIMS MADE N OCCUR PRODUCTS.COMPIOP AGO S 2,000 000 ❑ PERSONAL&ADV INJURY S 1,Q DAMAGE TO RENTED S 300,000 EMISES.JE GEN'L AGGREGATE LIMIT APPLIES PER MED EXP(Anyone person) $ 5,000 LJ POLICY I I I ]LOC $ ® JEGT PRO- Li AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ❑ ❑ ALL OWNED AUTOS BODILY INJURY ❑ SCHEOULEDAUTOS (Parperson) $ ❑ HIRED AUTOS BODILY INJURY X NON•OWNEDAUTOS (Peraccldent) S ❑ _, PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY•EAACCIDENT $ ❑ ANYAUTO OTHERTHAN� EAACC $ ❑ AUTOONLY: AGG $ EXCESSIUMBRELLA LIABILITY - EACH OCCURRENCE $ 1,000,000 ACP CAF 2235'!50455 0811612014 0811612015 ❑ OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 S ® DEDUCTIBLE S RETENTION $ $OTH B WORKERS COMPENSATION AND TORY LIMITS �. ER EMPLOYERS'LIABILITY WC•32-90.018509.03 08/30/2013 08130/2015 E.L.EACH ACCIDENT S 100,000 ANY PROPR€ETORWARTNERIEXECUTNE OFFICERIMEMBER EXCLUDE D7 E.L.DISEASE•EA EMPLOYE $ 100,000 II yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LINK S 500,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is listed as Additional Insured for Liability. CERTIFICATE HOLDER CANCELLATION ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Ontnge County DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PO BOX 8181 NOTICE.TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL I-Ellsborough,NC 27278 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 19-644-3042 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE TOt1 fC!M DR7USpJt ACORD 25(2001108) 0 ACORD CORPORATION 1988 DocuSign Envelope ID: 30A67060-F305-4F21-802E-49D2C241AElB IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(los) must be endorsed.A statment on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 26(2001108)