Orange County NC Website
Browse       Search
<br />ii. Provider shall be responsible for all errors or omissions of its agents, <br />contractors, employees, or assigns in the performance of the Agreement. <br />Provider shall correct any and all errors, omissions, discrepancies, ambiguities, <br />mistakes or conflicts at no additional cost to the Sheriff. <br /> <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 Sheriff. No permission for subcontracting shall <br />create, between the Sheriff and the subcontractor, any contract or any other <br />relationship. <br /> <br />iv. Provider is an independent contractor of the Sheriff. Any and all employees <br />of the Provider engaged by the Provider in the performance of any work or <br />services required of the Provider under this Agreement, shall be considered <br />employees or agents of the Provider only and not of the Sheriff, and any and <br />all claims that may or might arise under any workers compensation or other <br />law or contract on behalf of said employees while so engaged shall be the sole <br />obligation and responsibility of the Provider. <br /> <br />v. If activities related to the performance of this Agreement require specific <br />licenses, certifications, or related credentials, Provider represents that it or its <br />employees, agents, and subcontractors engaged in such activities possess such <br />licenses, certifications, or credentials, and that such licenses, certifications, or <br />credentials are current, active, and not in a state of suspension or revocation. <br /> <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 <br />in any conflict between the terms of referenced documents and the terms of <br />this Agreement. <br /> <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 <br />negotiation with contractors produce prices which, when added to the other <br />elements of the approved total project cost, produce a cost that is in excess of <br />the approved total project cost, the Provider shall participate with the Sheriff <br />in negotiation and design adjustments to the extent such are necessary to <br />obtain prices within the approved total project cost. All activity of the <br />Provider with respect to these matters shall constitute Basic Services and shall <br />be performed by the Provider without additional compensation. If negotiation <br />and design adjustments fail to bring costs within the total project cost, the <br />Sheriff may reject all bids and Provider will redesign or reduce portions of the <br />project in an effort to reduce the bid prices to within Basic Services. If this <br />second letting for bids does not produce bids that are within the approved <br />DocuSign Envelope ID: 435B9F22-AD6A-4E82-BE31-B40A22E058E6