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Revised 06/21 <br />2 <br />ii)Provider shall be responsible for all errors or omissions of its agents, contractors, <br />employees, or assigns in the performance of the Agreement. Provider shall correct <br />any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at <br />no additional cost to the County. <br />iii)The Provider shall not, except as otherwise provided for in this Agreement, <br />subcontract the performance of any work under this Agreement without prior <br />written permission of the County. No permission for subcontracting shall create, <br />between the County and the subcontractor, any contract or any other relationship. <br />iv)Provider is an independent contractor of County. Any and all employees of the <br />Provider engaged by the Provider in the performance of any work or services <br />required of the Provider under this Agreement, shall be considered employees or <br />agents of the Provider only and not of the County, and any and all claims that may <br />or might arise under any workers compensation or other law or contract on behalf <br />of said employees while so engaged shall be the sole obligation and responsibility <br />of the Provider. <br />v)If activities related to the performance of this Agreement require specific licenses, <br />certifications, or related credentials Provider represents that it or its employees, <br />agents and subcontractors engaged in such activities possess such licenses, <br />certifications, or credentials and that such licenses certifications, or credentials are <br />current, active, and not in a state of suspension or revocation. <br />vi) In determining the Basic Services to be provided, should any documents be <br />referenced in this Agreement, the terms of this Agreement shall have priority in any <br />conflict between the terms of referenced documents and the terms of this <br />Agreement. <br />vii)Should this Agreement involve project designs, the construction or creation of <br />which is to be bid out or fulfilled by other contractors, and bidding or negotiation <br />with contractors produce prices which, when added to the other elements of the <br />approved total project cost, produce a cost that is in excess of the approved total <br />project cost, the Provider shall participate with the County in negotiation and design <br />adjustments to the extent such are necessary to obtain prices within the approved <br />total project cost. All activity of the Provider with respect to these matters shall <br />constitute Basic Services and shall be performed by the Provider without additional <br />compensation. If negotiation and design adjustments fail to bring costs within the <br />total project cost the County may reject all bids and Provider will redesign or reduce <br />portions of the project in an effort to reduce the bid prices to within the total project <br />cost and rebid the project. One such redesign is included within Basic Services. If <br />this second letting for bids does not produce bids that are within the approved total <br />project cost initially or after negotiations with the contractor the cost is not reduced <br />to an amount within the total project cost, the Provider is not obligated to engage <br />in further redesign. <br />3.Basic Services <br />DocuSign Envelope ID: 76B817AA-FF3F-46C9-905E-8E74304FD146