Orange County NC Website
Browse       Search
L <br />Task Milestone Date <br />1. n/a <br />iii) Should County reasonably determine that Provider has not met the Milestone <br />Dates established in Section 3(a)(ii), County shall notify Provider of the failure to <br />meet the Milestone Date. The County, at its discretion may provide the Provider <br />seven (7) days to cure the breach. County may withhold the accompanying <br />payment without penalty until such time as Provider cures the breach. In the <br />alternative, upon Provider's failure to meet any Milestone Date the County may <br />modify the Milestone Date schedule, Should Provider or its representatives fail to <br />cure the breach within seven (7) days, or fail to reasonably agree to such modified <br />schedule, County may immediately terminate this Agreement in writing, without <br />penalty or incurring further obligation to Provider. This section shall not be <br />interpreted to limit the definition of breach to the failure to meet Milestone Dates. <br />4. Duration of Services <br />a. Term. The term of this Agreement shall be from October 1, 2013 to September 30, 2018. <br />b. Scheduling of Services <br />i) The Provider shall schedule and perform his activities in a timely manner so as to <br />meet the Milestone Dates listed in Section 3. <br />ii) Should the County determine that the Provider is behind schedule, it may require <br />the Provider to expedite and accelerate his efforts, including providing additional <br />resources and working overtime, as necessary, to perform his services in <br />accordance with the approved project schedule at no additional cost to the <br />County. <br />iii) Upon written agreement of the parties his Agreement may be renewed for one <br />additional five -year term. <br />iv) The Commencement Date for the Provider's Basic Services shall be October 1, <br />2013. <br />5. Compensation <br />a. Compensation for Basic Services. Compensation for Basic Services shall include all <br />compensation due the Provider from the County for all services under this Agreement <br />except reimbursable expenses as specified in section 5(c), below. Subject to the unit and <br />services costs shown in Provider's Proposal the maximum amount payable for Basic <br />Services is six million Dollars ($6,000,000.00). In the event the amount stated on an <br />invoice is disputed by the County, the County may withhold payment of all or a portion <br />of the amount stated on an invoice until the parties resolve the dispute. Payment for <br />Basic 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 milestones as set out in Section 3(a)(ii) are achieved. (For example, if there <br />Revised July 2010 3 <br />