2015-169-E AMS - Siemens Industry Inc. - Addendum to Existing Service Agreement dated 2/10/2015

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DocuSign Envelope ID: 3CB53A1 D-004F-4B51-913A-A5ED432F87BC (Departmental: Use Only] TITLE Service Addendum FY 2015 0RANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA I I HIS AGREEMENT, made and entered into this 2nd day of March, 2015, ("'Effective Date") by, and between Orange County, North Carolina, a body politic and corporate organized tinder the laws of the State of North Carolina, (tile "County"), party of the first pail-. and Sierneris Industry, Inc. (tile "Provider"), party ofthe second part-, WITNESSETH: For the Purpose and subject to the terms and conditions hercinafier set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being ofthe essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished tinder this Agreement are as follows: Addendum to Existing Service Agreement dated February 10`r'' 15, as described in attached service agreement. The term of this agreement rendered Strait be from February 10, 2015 to June 30, 2015. Provider represents and agrees that Provider is qualified to perform and fully capable ot'performing and providing the services required or necessary tinder this Agreement in a fully competent, professional and timely manner to the satisfaction ofthe County. Provider shall be responsible for all errors or omissions, in the performance of" tile Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the Couiny. Provider agrees that Provider shall riot sub-contract any of the services to be provided in this Agreement, nor shall 11,1rovider assign any right or responsibility granted or required by this Agreement,Without the prior written approval of the County. SPEC IFICTERMS I.. P" anent: The County agrees to pay at the rates specified for Services :satisfactorily performed in accord with this Agreement. ]'lie amount to be paid by the County shall not exceed eight thousand and two dollars, ('$8002). Payment shall be made within thirty (30) days of all invoice property 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 associate(] with the %vork to be performed until 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, nor shall any waiver by the County of any breach be field to be a waiver of arly Succeeding breach or a waiver of this Non-Waiver Clause. -3. Indepencient---Co.t-i-.t.ract-or.-. The Provider shall operate as all independent contractor and tile County shall not be responsible for any ofthe Provider's acts or omissions. 'file Provider shall riot be treated as an employee with respect to the Services performed hereunder for J adcral or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County oil behalf of the Provider or tile employees of the Provider, 4. 1 u s ti rance: Provider shall obtain,, at its sole expense,, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and ally additional insurance as may be required by Owner's Risk Manager as such insurance requi I rciliLrits are described ill the Orange County RerviNed l0/14 1