2014-377 DEAPR - Eastern Turf Maintenance, Inc. for deep tine aerify and topdress job $4,750

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[Departmental Use Only] TITLE EASTERN TURF MAINT FY 2014 DEAPR', ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this July day of 08, 2014, ("Effective Date") b", ,utd between Orange County, North Carolina, a body politic and corporate organized under the laws of the ,,uoc of North Carolina, (the "County"), party of the first part; and Eastern Turf Maintenance (the "Provider"i. party of the second part; W.ITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereh% contracts for the services of the Provider, and the Provider agrees to provide the following services t l ,. County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Deep tine aerify 2 soccer fields at WEst 10 Soccer Complex and topdress 125 tons of sand that the County shall provide. The term of this agreement rendered shall be from July 8, 2014 to August 15, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performinit and providing the services required or necessary under this Agreement in a fully competent,professions' and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omission,. i the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepar c IC!" ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider sha l nest sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right r responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfacIoi I I� performed in accord with this Agreement. The amount to be paid by the County shall not exceed I our thousand seven hundred fifty dollars, ($4750). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreerent, County may, without fault or penalty, withhold any payment associated with the work to be performed anti I such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nur shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a wait,r o f this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, ant the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be tiviticd as an employee with respect to the Services performed hereunder for federal or state tax, unetnploymc•n ot- workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll -tit\ A any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Lid):111 Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Crange Gcuntl Revised 9/13 1