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