Orange County NC Website
[Departmental Use Only] <br />TITLE Suttles Surveying <br />FY 2011 <br />ORANGE COUNTY <br />NORTH CAROLINA <br />CONTRACT UNDER $10,000.00 <br />THIS AGREEMENT, made and entered into this 1st day of February, 2012, ("Effective Date") by <br />and between Orange County, North Carolina, a body politic and corporate organized under the laws of the <br />State of North Carolina, (the "County"), party of the first part; and Suttles Surveying (the "Provider"), party <br />of the second part; <br />WITNESSETH: <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: To provide annual aerial topographic map of a portion or all of the <br />Orange County Landfill property depending on the requirements of the County Solid Waste Department <br />The term of this agreement rendered shall be from February 1, 2012 to January 31, 2015 and be <br />extended for an additonal two (2) year period if agreeded upon by both parties. <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 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 TERMS <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 the <br />approved Scope of Work prior to commencment of assigned work , ($10,000 annually). Payment shall be <br />made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its <br />duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment <br />associated with the work to be performed until such time as said work is completed. <br />2. Non-waiver: Failure by County at any time to require the performance by Provider <br />of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the <br />same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a <br />waiver of this Non-Waiver Clause. <br />3. Independent Contractor: The Provider shall operate as an independent Provider, and <br />the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be <br />treated as an employee with respect to the Services performed hereunder for federal or state tax,. <br />unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, <br />nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the <br />employees of the Provider. <br />Revised July 2010 <br />