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DocuSign Envelope ID: 30A67060-F305-4F21-802E-49D2C241AElB <br /> [Departmental Use Only] <br /> TITLE Referee Services <br /> FY 2014-15 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $15,000.00 <br /> NORTH CAROLINA <br /> TI-HS AGREEMENT, made and entered into this 4th day of May, 2015, ("Effective Date") by and <br /> between Orange County, North Carolina, a body politic and corporate organized under the laws of the State <br /> of North Carolina, (tile "County"), party of the first part; and Fun2Ref LLC (tire "Provider"), party of the <br /> second part; <br /> WITNESSETH; <br /> For tlue purpose and subject to the terms and conditions hercinafier set forth, the County hereby <br /> contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br /> County in accordance with the terms of this Agreement, tirnc being of the essence: <br /> The services and/or materials (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as follows: Referee Services <br /> Tile term of this agreement rendered shall be from May 4, 2015 to June 30,2015. <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and <br /> providing the services required or necessary under this Agreement in a fully competent, professional and <br /> timely manner to tine satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br /> the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, <br /> ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall riot <br /> sub-contract any of tine services to be provided in this Agreement, not- shall Provider assign any right or <br /> responsibility granted or required by this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> I. Payment: Tile County agrees to pay at the rates specified for Services satisfactorily <br /> performed in accord with this Agreement. The amount to be paid by the County shall not exceed eight <br /> thousand, two hundred dollars, ($8,200.00). Payment shall be made within thirty (30) days of an invoice <br /> properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, <br /> County may, without fault or penalty, withhold any payment associated with the work to be performed until <br /> sureh time as said work is completed. <br /> 2. Non—waiver° Failure by County at any time to require the performance by Provider of any <br /> of the provisions hereof sliall in no way waive or affect the County's right hereunder to enforce tlue same, nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br /> this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider shall operate as an independent contractor and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br /> workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability <br /> Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as rvay <br /> be required by Owner's Risk Manager as such insurance requirements are described in the Orange County <br /> Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br /> Revised 10114 1 <br />