Orange County NC Website
DocuSign Envelope ID:C3BC20BE-4177-4E09-B25F-8E12C5916446 <br /> [Departmental Use Only] os <br /> TITLE Skills Roof <br /> FY 2019 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$5,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 26th day of February, 2019, ("Effective Date") <br /> by and between Orange County,North Carolina,a body politic and corporate organized under the laws of the <br /> State of North Carolina, (the "County"), party of the first part; and BIRS,Inc (the "Provider"), party of the <br /> 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 and/or construction (hereinafter referred to collectively as "Services'} <br /> to be furnished under this Agreement are as follows: Skills Development Center--503 W Fanklin St-located <br /> and repaired roof leaks, reinforced 3' of loose laps, resealed counter flashing, repatched corners, etc. to <br /> address roof leaks reported to us by Edd r Hutter <br /> The term of this agreement rendered shall be from 2/26/2019 to 3/30/2019. <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 One <br /> Thousand Three Hundred Fifty one and Five Cents, ($1351.05). Payment shall be made within thirty (30) <br /> days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of <br /> this 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. None—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 /> 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 /> Revised 12/18 1 <br />