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2021-679-E-AMS-OWASA-Community Climate Action Grant
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2021-679-E-AMS-OWASA-Community Climate Action Grant
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Last modified
12/13/2021 8:33:36 AM
Creation date
12/13/2021 8:32:06 AM
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Contract
Date
12/7/2021
Contract Starting Date
12/7/2021
Contract Ending Date
12/12/2021
Contract Document Type
Contract
Amount
$75,000.00
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OWASA <br />Orange County Community Climate Action Grant Program Performance <br />Agreement Rev. 2/21 Page 4 of 11 <br /> <br />• Environmental/Pollution $1 million Each Occurrence <br />Liability (Required if demolition, <br />use of hazardous material or <br />environmentally sensitive) <br /> <br />c. All insurance policies (with the exception of Worker's Compensation and Professional <br />Liability) required under this Agreement shall name the County as an additional insured <br />party and as a certificate holder. Evidence of such insurance and all correspondence shall <br />be sent to: <br />Orange County Risk Manager <br />Post Office Box 8181 <br />Hillsborough, NC 27278 <br /> <br />d. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity <br />defenses. <br /> <br />7. Relationship of the Parties. Provider is an independent contractor of the County. Provider <br />represents that they have or will secure, at his own expense, all personnel required in performing <br />the services under this Agreement. Such personnel shall not be employees or have any contractual <br />relationship with the County. All personnel engaged in work under this Agreement shall be fully <br />qualified and shall be authorized and permitted under federal, state and local law to perform such <br />services. <br /> <br />8. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, <br />ordinances, orders and regulations of the federal, state or local governments, as well as their <br />respective departments, commissions, boards, and officers, which are in effect at the time of <br />execution of this Agreement or are adopted at any time following execution of this agreement. <br /> <br />9. Subcontract. The County and Provider deem the services provided under this Agreement to be <br />personal in nature and Provider may not subcontract any rights or duties under this Agreement to <br />any other party without prior written consent from the County. <br /> <br />10. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any <br />other party without the prior written consent of the County. <br /> <br />11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all loss, <br />liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, <br />including death or property damage, to any person or persons caused in whole or in part by the <br />negligence or willful misconduct of the Provider, except to the extent same are caused by the <br />negligence or willful misconduct of the County. It is the intent of this section to require Provider <br />to indemnify the County to the extent permitted under North Carolina law. Nothing in this section <br />is intended to affect or abrogate the County’s sovereign immunity defenses. <br /> <br />12. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the <br />specified services and may be terminated at any time if such funds become unavailable. <br /> <br />13. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by Orange <br />County the parties hereto for themselves, their agents, officials, employees and servants agree not <br />to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, <br />religion, sexual orientation, familial status or veterans status with reference to any activities carried <br />out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform <br />to the provision and intent of Orange County Civil Rights Ordinance, as amended and the Orange <br />County Anti-discrimination Policy. This provision is enforced by action for specific performance, <br />injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, <br />DocuSign Envelope ID: 6F2DEF91-DA4B-449D-8062-2F5319D9C9CC
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