Orange County NC Website
DocuSign Envelope ID:5EDEB981-591E-4B40-919A-DCDA565AD550 os <br /> Q� <br /> [Departmental Use Only] <br /> TITLE Vending Machine <br /> FY 2020/2021 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $5,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, is between Orange County,North Carolina,a body politic organized under <br /> the laws of the State of North Carolina, (the "County"), and Compass Group USA, Inc.by and through its <br /> Canteen Division(the "Provider"). <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 services set out below to the <br /> County in accordance with the terms of this Agreement,time being of the essence. <br /> The services or materials or construction (hereinafter referred to collectively as "Services") to be <br /> furnished under this Agreement are as follows: Vending Services as set forth in Exhibit A attached hereto. <br /> The term of this agreement rendered shall be from December 1, 2020 to November 30, 2023 ("Initial Term"). <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 timely <br /> manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the <br /> performance of the Agreement.Provider shall correct any and all errors,omissions,discrepancies,ambiguities, <br /> mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract <br /> any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility <br /> granted or required by this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> 1. Pam: If applicable,payment shall be made within thirty (30) days of an invoice properly <br /> submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County <br /> may,without fault or penalty,withhold any payment associated with the work to be performed until such time <br /> as said work is completed. <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of <br /> 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 Insurance, <br /> Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required <br /> by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer <br /> Policy and Orange County Minimum Insurance Coverage Requirements (each document is <br /> Revised 07/20 1 <br />