Orange County NC Website
.- -137 <br />[Departmental Use Only] <br />TITLE <br />FY <br />ORANGE COUNTY <br />CONTRACT UNDER $10,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this June day of Ifs, 2012, ( "`Effective Date ") by and <br />between Change 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 Nextpoint (the "Provider"), party of the second <br />Part; <br />VV I`iNESSETH: <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 tenlis of this Agreement, time being of the essence: <br />The services and/or materials (hereinafter referred to collectively as "Services ") to be furnished <br />tinder this Agreement are as follows: Provide Social ;Media retention as stated and agreed upon in the 2 <br />attached documents: 1) Cloud Preservation '[`ernes of Use and 2) Privacy & Securty policy.. <br />The term of this agreement rendered shall be from 5/1 8;12 to 5;1x;/17. <br />Provider represents and agrees that Provider is qualified to perform and fully capable: of performing and <br />providing the services required or necessary tinder this Agreement in a fully competent, professional and <br />timely manner to the satisfaction of the County. Provider shalt be responsible for all errors or omissions, in <br />the perfonnance 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 />L 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 annunaly, ($5.000 %year). Payment shall be made within thirty (30) days of an invoice . <br />properly submitted to County. should Provider flail 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 />such time as said work is completed. <br />Nan— waiver: failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way N give or affect the County's right hereunder to'enfc�rce 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, Ictcendent Cont€actar: 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 Risk Management Policy. <br />Revised July 2010 <br />