Orange County NC Website
Revised 06/21 <br /> <br /> <br />1 <br />[Departmental Use Only] <br /> TITLE BOE Daiken SAP <br /> FY 2021-2022 <br />ORANGE COUNTY <br />CONTRACT UNDER $5,000.00 <br />NORTH CAROLINA <br /> <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 Hoffman Mechanical Solutions, Inc. (the <br />"Provider"). <br /> <br />W I T N E S S E T H: <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: Board of Elections Daiken Equipment PM Service <br />Agreement <br /> <br />The term of this agreement rendered shall be from January 6, 2022 to December 31, 2022. <br /> <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 /> <br />SPECIFIC TERMS <br /> <br />1. 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 Thirty-Two Dollars, ($2,632.00). Payment shall be made <br />within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties <br />under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated <br />with the work to be performed until such time as said work is completed. <br /> <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 /> <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 /> <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 />DocuSign Envelope ID: 2D7F9A89-63E0-4E4E-952E-DD8137149FCB