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DocuSign Envelope ID:81A8F7FF-A308-48A7-BD11-B27A2662836B nn°5 <br /> [Departmental Use Only] <br /> TITLE REPLACE GEN BAT <br /> FY 2020 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$5,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT,made and entered into this 2nd day of February,2020, ("Effective Date")by <br /> 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 National Power Corporation (the <br /> "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 and/or construction (hereinafter referred to collectively as "Services") <br /> to be furnished under this Agreement are as follows: Replace generator batteries at RENA Community <br /> Center, EMS 510 Meadowlands Drive, Orange County Jail 125 Court Street, Southern 2501 Homestead Rd, <br /> Whitted 300 West Tryon St,Cedar Grove Community Center <br /> The term of this agreement rendered shall be from 02/02/2020 to 04/02/2020. <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 /> I. Payment: The County agrees to pay at the rates specified for Services satisfactorily (as <br /> determined by the County) performed in accord with this Agreement. The amount to be paid by the County <br /> shall not exceed Two Thousand Six Hundred and Thirty One Dollars and Ten Cent, ($2631.10). Payment <br /> shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to <br /> perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any <br /> payment associated with the work to be 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 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 11/19 1 <br />