2005 NS Purchasing - Recreation Factory Partners -SportsPlex Facility Management Agreement

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Sportsplex Agreement: Orange County /RFP M programming of Senior Center use of the water, ice, fitness and food and beverage venues; 5. To fully support the Programmers in their endeavors to provide the highest quality programming in their individual areas; 6. To report to the County Administrator on a scheduled basis an operations summary. Although RFP will not have responsibility for capital improvements to the Facility, RFP will consult with the County within this operations summary reporting protocol on needed capital improvements and the budgeting process for this. c) All revenue from the operation of the Facility, including County appropriations, and all expenses incurred in the operation of the Facility, will be accounted for by RFP. 3. Other Matters. The term is finite. Renewal, if chosen by the County, will be negotiated within a reasonable amount of time of the expiration of the initial term. All revenues generated by the Facility will be the property of the County. All records pertaining to the Facility are the property of the County. 4. Independent Contractor. Each party is, and shall remain, an independent contractor with respect to all services performed under this Agreement. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each party represents that it has or will secure at its.own expense all personnel required in performing their respective services under this Agreement. Any and all personnel of either party or other persons engaged in the performance of any work or services under this Agreement shall have no contractual relationship with the other party, and shall not be considered an employee of any other party. Any and all claims that might arise under the Unemployment Compensation Act, the Workers' Compensation Act of the State of North Carolina, or any other applicable Federal or State law, rule, or regulation on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against either party, its officers, agents, contractors, or employees shall in no way be the responsibility of the other party. To the extent permitted by law, each party shall defend, indemnify, and hold the other party, its officers, agents, and employees harmless from any and all such claims. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the other party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- Employment Insurance, disability, severance pay, or PERA. 5. No Assignment. The County and RFP agree that neither party may assign or transfer any rights nor obligations under this Agreement, directly or indirectly except upon the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 6. Timeline. The following timeline and text illustrates the critical points in establishing RFP in its role and the necessary budget process: