2015-124-E AMS - Tile Restoration Inc. for floor restoration at Southern Human Services Center

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DocuSign Envelope ID: DE1 D8FF0-BDA1-4F5A-AB39-D3DOD4764DE6 [Departmental Use Only] TITLE &HS+ looring FY 2015 ORAN('-.'E COUNTY CONTRACT UNDER S15,000.00 NORTH CAROLINA THIS AGREEMENT, niade and entered into this 2nd day of February, 2015, ("Effective Date") by arid between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and 'File Restoration, Inc (the "Provider"), party of the second part; WITNESSETH: For the purpose arid subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and tile Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: `File services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows. removal of contamination from the and grout surface, prep to grout lines for restoration, and apply, SaniGLAZE Resin to grout lities and apply Flat Sani TECH topical Sealer to the following floors: I lealth Department's staff women's and men's restrooms, Health Department's Waiting loom women's and men's restrooms, and tile Social Set-vices Department's wortien's and men's restroorns, per included proposal dated October 16, 2014 Tile term of this agreement rendered shall be from Febraury 2,2015 to February 28, 2015. Provider represents and agrees that 11rovider is qualified to perform and fully capable of'performing and providing tile services required or necessary Linder this Agreement in a fully competent, professional and timely manner to tile satisfaction of the County. Provider shall be respinisible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,, ambiguities, mistakes or conflicts at no additional cost to tile County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of tile County. SPECIFIC TERMS I Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. 'File amount to be paid by the County shall not exceed eleven thousand five hundred seventy dollars, ($11,570). Payment shall be made within thirty (30), days of all invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non--Nvaiver: 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, not- shall any waiver by tile County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause, 3. Independent Contractor: 'file Provider shall operate as all independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. "rhe Provider shall not be treated as all employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, not* payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider oi•the employees of tile Provider. Re,vised 10J 4 l