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2011-058 Planning - Alois Callemyn, PLS for survey of portion of proposed county line between Alamance & Orange Counties $5,000
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2011-058 Planning - Alois Callemyn, PLS for survey of portion of proposed county line between Alamance & Orange Counties $5,000
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Last modified
1/9/2012 2:20:08 PM
Creation date
3/17/2011 11:24:45 AM
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BOCC
Date
3/17/2011
Meeting Type
Work Session
Document Type
Contract
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Manager Signed
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#~s~ <br />~®epa~~~lendal t9~e ®s~lYy <br />TITI=~ O~~ ~®~e~a~aF~(S~f~'y <br />~~ ~0~ ee~r~ ~ <br />~IE~AI~~~. C a~'~JI~T$1~ <br />)~1011~'T~ ~Al[~®L11I~tA <br />~~l~t~'~T1 ~J1~1~~~ $>1~91~®~~~~ <br />'TIIIS ACI3EEMEN~', made and entered into this 1 day of March, 2011, ("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, (the "County"), party of the first part; and Alois Callemyn,PLS (the "Provider"), party of <br />the second part; <br />WIT1°dESSETII: <br />For the purpose and subject to the terms and conditions hereinafter 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, time 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: A survey of 5 properties are needed to show the new proposed country <br />boundary. The five properties are PIN: 9728177046, 9728068128, 9728163122, 9728166070, and <br />9728159642. See attached map. <br />The term of this agreement rendered shall be from March 1, 2011 to March 31, 2011. <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 fatly competent, professional and <br />timely manner to the 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 not <br />sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br />responsibility granted or required by this Agreement, without the prior written approval of the County. <br />SPECIFIC TE)S <br />1. Payment: The 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 five <br />thousand dollars, ($5,000.00). Payment shall be made within thirty (30) days of an invoice properly <br />submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County <br />may, without fault or penalty, withhold any payment associated with the work to be performed until such <br />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 shall in no way waive or affect the County's right hereunder to enforce the 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 Provider, 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: The Provider shall obtain, at its sole expense, all insurance needed to adequately <br />insure itself during the performance of these services as required by the County's ILisk Management Policy. <br />Revised July 2010 <br />
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