HomeMy WebLinkAbout2018-558-E Solid Waste - Ceres Environmental emergency storm debris removalNORTH CAROLINA
ORANGE COUNTY CONTRACT AMENDMENT #1
THIS CONTRACT AMENDMENT ("Amendment") is made and
entered into this ___ day of ___September__ 2018 by and between
ORANGE COUNTY (hereinafter referred to as "County") and Ceres
Environmental Services, Inc. (hereinafter referred to as "Provider").
WITNESSETH:
THAT WHEREAS, the County and Provider entered into a contract dated
October 1, 2013 with respect to the Removal,
Reduction, Recycling and/or Disposal of Debris
services to the County(hereinafter the "Agreement"); and
WHEREAS, the County and Provider desire to extend the Agreement while
keeping in effect all terms and conditions of the Agreement not inconsistent
with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and
agreements made in the Original Agreement and herein, the parties agree to
amend the Original Agreement as follows:
1. The Term of the Agreement is hereby extended through October 1, 2019.
2. Subsection 11.b. Governing Law be replaced with the following: “Subsection 11.
B.—Governing Law: This Agreement and the duties, responsibilities, obligations
and rights of respective parties hereunder shall be governed by the laws of the
State of 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 state and federal anti-discrimination laws, policies, rules, and
regulations and the Orange County Non-Discrimination Policy and Orange
County Living Wage Policy (each policy is incorporated herein by reference and
may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.).
Any violation of the Orange County Non-Discrimination Policy is a breach of this
Agreement and County may immediately terminate this Agreement without
further obligation on the part of the County. This paragraph is not intended to
limit and does not limit the definition of breach to discrimination. By executing
this Agreement Provider affirms that Provider and any subcontractors of Provider
are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes. By executing this Agreement Provider certifies that
Provider has not been identified, and has not utilized the services of any agent or
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subcontractor identified, on the list created by the State Treasurer pursuant to G.S.
147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor, on
the list created by the State Treasurer pursuant to G.S. 147-86.81.
3. Except for the changes made herein, the Agreement shall remain in
full force and effect to the extent it is not inconsistent with this
Amendment.
IN TESTIMONY WHEREOF, this Amendment has been executed by the
parties hereto, as of the date first above written.
ORANGE COUNTY: PROVIDER:
__________________________ _________________________
County Manager
Title Corporate Secretary
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