Orange County NC Website
• <br />Contract #68-2002 <br />OPC Liaison <br />ATTACIiMENT A <br />GENERAL TERMS AND CONDITIONS <br />Orange County Department of Social Services <br />Relationships of the Parties <br />t <br />• <br />Independent Contractor: The Contractor is and <br />shall be deemed to be an independent contractor in the <br />performance of this contract and as such shall be <br />wholly responsible for the work to be performed and <br />for the supervision of its employees. The Contractor <br />represents that it has, or shall secure at its own <br />expense, all personnel required in performing the <br />services under this agreement. Such employees shall <br />not be employees of, or have any individual <br />contractual relationship with the County. <br />Subcontracting: The Contractor shall not <br />subcontract any of the work contemplated under this <br />contract without prior written approval from ..the <br />County. Any approved subcontract shall be subject to <br />all conditions ofthis contract. Only the subcontractors <br />specified in the contract documents are to be <br />considered approved upon award of the contract. The <br />County shalt not be obligated to pay for any work <br />performed~y any unapproved subcontractor. The <br />Contractor shall be responsible for the performance of <br />all of its subcontractors. <br />Assignment: No assignment of the Contractor's <br />obligations or the Contractor's right to receive <br />payment hereunder shall be permitted. However, upon <br />written request approved by the issuing purchasing <br />authority, the County may: <br />(a) Forward the Contractor's payment check(s) <br />directly to any person or entity designated by <br />the Contractor, or <br />(b) Include any person or entity designated by <br />Contractor as a joint payee on the Contractor's <br />payment check(s). <br />In no event shall such approval and action obligate the <br />County to anyone other than the Contractor and the <br />Contractor shal} remain responsible for fulfillment of <br />all contract obligations. <br />Beneficiaries: Except as herein specifically provided <br />otherwise, this contract shall inure to the benefit of <br />and be binding upon the parties hereto and their <br />, General Terms and Conditions - (06/04) <br />respective successors. It is expressly understood and <br />agreed that the enforcement of the terms and <br />conditions of this contract, and all rights of action <br />relating to such enforcement, shall be strictly reserved <br />to the County and the named Contractor. Nothing <br />contained in this document shall give or allow any <br />claim or right of action whatsoever by any other third <br />person. It is the express intention of the County and <br />Contractor that any such person or entity, other than <br />the County or the Contractor, receiving services or <br />benefits under this contract shall be deemed an <br />incidental beneficiary only. <br />Indemnity and Insurance <br />Indemnification: The Contractor agrees to <br />indemnify and hold harmless the County and any of <br />their officers, agents and employees, from any claims <br />of third parties arising out or any act or omission of <br />the Contractor in connection with the performance of <br />this contract. <br />Insurance: During the term of the contract, the <br />Contractor at its sole cost and expense shall provide <br />commercial insurance of such type and with such <br />terms and limits as may be reasonably associated with <br />the contract. As a minimum, the Contractor shall <br />provide and maintain the following coverage and <br />limits: <br />(a) Worker's Compensation -The contractor <br />shall provide and maintain Worker's <br />Compensation Insurance as required by the <br />laws ofNorth Carolina, as well as employer's <br />liability coverage with minimum limits of <br />$500,000.00, covering all of Contractor's <br />employees who are engaged in any work <br />under the contract. If any work is sublet, the <br />Contractor shall require the subcontractor to <br />provide the same coverage for any of his <br />employees engaged in any work under the <br />contract. <br />(b) Commercial General Liability -General <br />Liability Coverage on a Comprehensive Broad <br />Page I of 5 <br />