The URL can be used to link to this page

Home My WebLink About2013-412 DEAPR - Robert Strayhorn for mowing Blackwood Property Age� �� [Departmental Use Only] TITLE Blackwood Farm mowing FY FY 2013-14 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of September, 2013, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Robert E. Strayhorn (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terns and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Mow("bushhog")the approximately 60 acres of open fields located on the Blackwood Farm property owned by Orange County and located at 4215 NC 86 South. The term of this agreement rendered shall be from September 20, 2013 to October 4, 2013. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Pam: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One thousand dollars, ($1,000). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state; nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 1 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective �s of the day first written above. Ay C N PROVIDER v By: an g Title: eron St. Robert E. Strayhorn P.O. Box 8181 2103 New Hope Church Road Hillsborough,NC 27278 Chapel Hill,NC 27514 This instrument has bees approved as to technical content. P. David Stancil, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This ins Yr�ment has been approved as to form and legal sufficiency. Of of I e County Attorney Revised July 2010 2 Sep 09 2013 7:04PM HP Fax page 1 '4` -- CERTIFICATE OF LIABILITY INSURANCE �TE(MM1YDD/YYYYi 9/9/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed, tf SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER o E Sammy Anderson, CPCU, AM Fountain, Roberson, Anda3rson PH (252)823-2416 1 IFAAIC, (252)823-2925 P.O, Sox 338 119 East St. James Street INSURE F43)ARORDING COVERAGE NAIC s Tarboro NC 27886 INSuRERA:Zrie Insurance Company INSURED INSURERS: Archaeological Consultants Of The Carolinas, INSURERC: 121 First Street INSURER D: IN lRE: Clayton NC 27520 INS r: COVERAGES CERTIFICATE NUMBER:CL1381400532 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LUIBIUTV $ 1,000,000 A CLAIMS-MADE ❑X OCCUR X D441350483 8/13/2013 /13/2014 MED EXP(Any one man $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP)OP AGG $ 2,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED 1 n 11000,000 A ANY AUTO 8001 LY INJ URY(Per person) $ ALLOSNED AUTOSULED X 081230445 /12/2013 /12/2014 Soo 1LY INJURY(For accident) 3 HIRED AUTOS AUTOSED P AM0.GE b b HUMBRELLA LIAS OCCUR EACH OCCURRENCE $ EXCESS LUIS CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS__ $ WORKERS COMPENSATION X VVC STATU- OTH- AND EMPLOYERS*LIABILITY YIN Lim ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100 000 A OFFICERlMEMBER EXCLUDED? NIA (Nardawry in NH) 923000486 /30/2013 6/30/2014 E.L DISEASE-EA EMPLOYEE 4 100 000 Ifyes,denONender E.LDISEASE-POLICYLIMIT $ 500 000 DE CRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,AddHlonal Ramerks Schedule.It men apace Is required) Orawle County is named as additional insured. CERTIFICATE HOLDER CANCELLATION (919) 636-4913 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. David Cannell, Purchasing Agent 200 South Cameron Street RUTH DREPRESENTATIYE Hillsborough, NC 27276 ACORD 25(2010106) 1188-2010 ACORD RPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered larks of ACORD