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Home My WebLink About2015-326-E DEAPR - Sandhills Turf, Inc. to improve health and conditions of turf $6,500 DocuSign Envelope ID: 3D3AB4C7-848F-42C0-875C-052115404CDE [Departmental Use Only] TITLE Sandhills sprigging W10 FY 2016 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 6th day of July, 2015, ("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 Sandhills Turf, Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms 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, tine being of the essence: The services andlor materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: 3 acres sprigging TMvay 419 @ 600 bushels/acre The term of this agreement rendered shall be from July 6th to August 10,2015. 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 fidly competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of tine 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, Payment:gent: 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 six thousand, five hundred dollars, ($6,500). 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 fauit or penalty, withhold any payment associated with the work to be performed until such tine 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 sarne, not- ,,hall 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. hidependent Contractor: The Provider shall operate as an independent contractor 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 10114 1 DocuSign Envelope ID: 3D3AB4C7-848F-42C0-875C-052115404CDE incorporated herein by reference and may be viewed at htti):florangecountync.gov/ urchasin cotALtcts.as p). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. S. 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. {. 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 and Signature s: The patties 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 patties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Patties to comply with Article I IA and Article 40 of Notch Carolina General Statute Chapter 66. $. Pri : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the patties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Patty, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 fiends 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 fiords. [SIGNATURE PAGE TO FOLLOW] Revised 10114 2 DocuSign Envelope ID: 3D3AB4C7-848F-42C0-875C-052115404CDE IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER L—j DocuSigd by: °-DocuSigned by: By: OV�,77I��t{{tt. �auhw�t vS By: �laV� �aVViS -wage} r_ A419DKA5ADF4BE... 200 S. Cameron St. Mark Harris, V.P. P.O. Box 8181 Sandhills Tuurf, Inc. Hillsborough,NC 27278 P.O. Box 819, Candor,NC 27229 Revised 10114 3 DocuSign Envelope ID: 3D3AB4C7-848F-42C0-875C-052115404CDE f1miffast Benefits i a g Insurance Mutual, Inc. r No-tii Cat-olit7a Workers'Coinpetisatioti WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 01 B INFORMATION PAGE POLICY NO: WC-6476-2015 Insurer; First Benefits Insurance Mutual Agent: Jake A.Parrott Ins.Agency, Inc. Carrier Code:49422 PO Box 3547 PO Box 1951 Kinston,NC 28502 Raleigh,NC 27602-1951 (252)523-1041 (855)228-4931 (252)523-0145 I. The Insured: Sandhill Turf Inc Entity type: Corporation FEIN: Interstate/lntrastate Risk ID: 4198924 Mailing address; PO Box 819 Candor,NC 27229 Other workplaces not shown above: Location 1: 255 NC Hevy 211,CANDOR,NC 27229 2. The policy period is from 07/01/2015 12:01mn.to 07/01/2016 12:01 a.m.at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here:North Carolina B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident$ 1,000,000 each accident Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease S 1,000,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:None D, This policy includes these endorsements and schedules: WCOOOOOOC,W0000308, WC000404, WC000406A, WC000414, WC000419, WC00042ID,WC000422B,WC320301C 4. The premium for this policy will be determined by our Manuals of Rules,Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. (See Attached Schedule) Total Estimated Annual Premium:$19,688 Minimum Premium: $1,500 Expense Constant: $210 Servicing Office: PO Box 1951 Raleigh,NC 27602-1951 05126i20 l 5 Date Issued: Co€intersigned by Insured Copy