Orange County NC Website
disputed by the County, the County may withhold payment of all or a portion of the <br />amount stated on an invoice until the parties resolve the dispute. Payment for Basic <br />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 are completed as set out in Section 3(a)(ii). (For example, if there are 10 <br />Projects Tasks then Provider may invoice for the first 10% of the whole upon County's <br />acknowledgement of the satisfactory completion of Task one. Upon the County's <br />acknowledgement that the second Task has been satisfactorily completed Provider may <br />invoice for the next 10% of the whole.) <br />b. Additional Services. County shall not be responsible for costs related to any services in <br />addition to the Basic Services performed by Provider unless County requests such <br />additional services in writing and such additional services are evidenced by a written <br />amendment to this Agreement. <br />6. Responsibilities of the County <br />a. Cooperation and Coordination. The County has designated the (Jim Northrup, <br />Information Technologies Director) to act as the County's representative with respect to <br />the Project and shall have the authority to render decisions within guidelines established <br />by the County Manager and /or the County Board of Commissioners and shall be <br />available during working hours as often as may be reasonably required to render <br />decisions and to furnish information. <br />7. Insurance <br />a. General Requirements. Provider shall obtain, at its sole expense, Commercial General <br />Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any <br />additional insurance as may be required by Owner's Risk Manager as such insurance <br />requirements are described in the Orange County Risk Transfer Policy and Orange <br />County Minimum Insurance Coverage Requirements (each document is incorporated <br />herein by reference and may be viewed at <br />htip://oran eg countync .gov/purchasing/contracts.asp). If Owner's Risk Manager <br />determines additional insurance coverage is required such additional insurance shall <br />consist of N/A (if no additional insurance required mark N/A as being not applicable). <br />Provider shall not commence work until such insurance is in effect and certification <br />thereof has been received by the Owner's Risk Manager. <br />8. Indemnity <br />a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from <br />all loss, liability, claims or expense, including attorney's fees, arising out of or related to <br />the Project and arising from bodily injury including death or property damage to any <br />person or persons caused in whole or in part by the negligence or misconduct of the <br />Provider except to the extent same are caused by the negligence or willful misconduct of <br />the County. It is the intent of this provision to require the Provider to indemnify the <br />County to the fullest extent permitted under North Carolina law. <br />9. Amendments to the Agreement <br />Revised 9/13 4 <br />