Orange County NC Website
Browse       Search
Task Milestone Date <br /> 1. n/a <br /> iii) Should County reasonably determine that Provider has not met the Milestone <br /> Dates established in Section 3(a)(ii), County shall notify Provider of the failure to <br /> meet the Milestone Date. The County, at its discretion may provide the Provider <br /> seven (7) days to cure the breach. County may withhold the accompanying <br /> payment without penalty until such time as Provider cures the breach. In the <br /> alternative, upon Provider's failure to meet any Milestone Date the County may <br /> modify the Milestone Date schedule. Should Provider or its representatives fail to <br /> cure the breach within seven(7) days, or fail to reasonably agree to such modified <br /> schedule, County may immediately terminate this Agreement in writing, without <br /> penalty or incurring further obligation to Provider. This section shall not be <br /> interpreted to limit the definition of breach to the failure to meet Milestone Dates. <br /> 4. Duration of Services <br /> a. Term. The term of this Agreement shall be from October 1, 2013 to September 30, 2018. <br /> b. Scheduling of Services <br /> i) The Provider shall schedule and perform his activities in a timely manner so as to <br /> meet the Milestone Dates listed in Section 3. <br /> ii) Should the County determine that the Provider is behind schedule, it may require <br /> the Provider to expedite and accelerate his efforts, including providing additional <br /> resources and working overtime, as necessary, to perform his services in <br /> accordance with the approved project schedule at no additional cost to the <br /> County. <br /> iii) Upon written agreement of the parties his Agreement may be renewed for one <br /> additional five-year term. <br /> iv) The Commencement Date for the Provider's Basic Services shall be October 1, <br /> 2013. <br /> 5. Compensation <br /> a. Compensation for Basic Services. Compensation for Basic Services shall include all <br /> compensation due the Provider from the County for all services under this Agreement <br /> except reimbursable expenses as specified in section 5(c), below. Subject to the unit and <br /> services costs shown in Provider's Proposal the maximum amount payable for Basic <br /> Services is six million Dollars ($6,000,000.00). In the event the amount stated on an <br /> invoice is disputed by the County, the County may withhold payment of all or a portion <br /> of the amount stated on an invoice until the parties resolve the dispute. Payment for <br /> Basic Services shall become due and payable in direct proportion to satisfactory services <br /> performed and work accomplished. Payments will be made as percentages of the whole <br /> as Project milestones as set out in Section 3(a)(ii) are achieved. (For example, if there <br /> Revised July 2010 3 <br />