Orange County NC Website
DocuSign Envelope ID:D164BE86-F785-4067-B01F-BFFEBB5FF1B9 <br /> [Departmental Use Only] <br /> TITLE CJRM Software <br /> FY 2016-2017 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $15,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT,made and entered into this 22rd day of May, 2017, ("Effective Date")by and <br /> between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the <br /> "County"),party of the first part; and Automon,LLC(the "Provider"),party of the second part; <br /> WITNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br /> contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br /> County in accordance with the terms of this Agreement, time being of the essence: <br /> The services and/or materials (hereinafter referred to collectively as "Services") to be furnished <br /> under this Agreement are as follows: annual subscriptions to Ce Pretrial software as well as one-time service <br /> for configuration, training and data conversion as described in the Purchased Services (Attachment A), <br /> Description of Services (Attachment B), Project RolloutPlan (Attachment C), and Service Level Agreement <br /> (Attachment D). Also, attached are the Cyber Liability Insurance Certificate (Attachment E) and the <br /> completed Orange County NC Cloud Service Questionnaire with Answers from AutoMon(Attachment F). <br /> The term of this agreement rendered shall be from 2017 to 2020. <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and <br /> providing the services required or necessary under this Agreement in a fully competent, professional and <br /> timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br /> the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, <br /> ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not <br /> sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br /> responsibility granted or required by this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily <br /> performed in accord with this Agreement. The amount to be paid by the County shall not exceed three <br /> thousand nine hundred dollars ($3,900) for implementation as a one-time cost and four thousand four <br /> hundred dollars ($4,400) per year for subscription costs for a total not to exceed ten thousand five hundred <br /> dollars, ($10,500). Payment shall be made within thirty (30) days of an invoice properly submitted to <br /> County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without <br /> fault or penalty,withhold any payment associated with the work to be performed until such time as said work <br /> is completed. <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider of any <br /> of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br /> this Non-Waiver Clause. <br /> 3. Independent Contractor: The Provider shall operate as an independent contractor and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br /> Revised 2/17 1 <br />