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2018-576-E Planning - Wellsmont Lake Orange mowing
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2018-576-E Planning - Wellsmont Lake Orange mowing
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Last modified
9/19/2018 12:10:35 PM
Creation date
9/19/2018 11:54:15 AM
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Contract
Date
9/21/2018
Contract Starting Date
9/21/2018
Contract Ending Date
6/30/2019
Contract Document Type
Contract
Amount
$1,150.00
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R 2018-576 Planning - Wellsmont Lake Orange Mowing
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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Revised 10/17(Mgr apprv 5k 6/18)2 <br />Provider may invoice for Task No. 1 ($575.00) upon County's acknowledgementof the satisfactory <br />completion of Task No. 1. Upon the County's acknowledgement that Task No. 2 has been satisfactority <br />completed, Provider may invoice for Task No. 2 ($575.00). Payment shall be made within thirty (30) days of <br />an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this <br />Agreement, County may, without fault or penalty, withhold any payment associated with the work to be <br />performed until such time as said work 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 anysucceeding 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 />workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br />any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br />4.Insurance:Provider shall obtain, at its sole expense, Commercial General Liability <br />Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may <br />be required by County’s Risk Manager as such insurance requirements are described in the Orange County <br />Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br />incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk <br />Manager determines additional insurance coverage is required such additional insurance shall be designated <br />here N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not <br />commence work until such insurance is in effect and certification thereof has been received by theCounty's <br />Risk Manager. <br />5.Indemnity: The Provider agrees, without limitation,to defend, indemnify, and hold harmless <br />Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including <br />reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to <br />or destruction of any property caused in whole or in part by any negligent or intentional act or omission on <br />the part of the Providerin carrying out Provider’s duties and obligations related to the Services to be <br />provided in this Agreement. <br />6.Termination: This Agreement may be terminated at any time by mutual written agreement of <br />the parties or by the County upon written notice to the Provider.County may suspend this Agreement upon <br />reasonable notice to Provider. <br />7.Entire Agreementand Signatures: The parties have read this Agreement and agree to be <br />bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the <br />Agreement between the parties unless and until modified in writing and signed by the parties. Modifications <br />may be evidenced by telefacsimile signature.This Agreement together with any amendments or <br />modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent <br />of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and <br />Article 40 of North Carolina General Statute Chapter 66. <br />8.Governing Lawand Priority:Both parties agree that this Agreement shall be governed by <br />the laws of the State of North Carolinaand Orange County.Provider shall at all times remain in compliance <br />with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state <br />and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- <br />DocuSign Envelope ID: 338A0B8C-3AC3-4BAB-B6D6-CAFDD9447473
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