Sample Contract for The Provision of Services
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the then-current fiscal year or when the appropriation made for then-current year for the services/items covered by this Contract
is spent, whichever occurs first. If at any time funds are not appropriated for the continuance of this Contract, cancellation shall
be accepted upon three (3) days prior written notice, but failure to give such notice shall be of no effect and County shall not be
obligated under this Contract beyond the date of termination.
I-7. Representations: The Contractor will not represent itself to be an agent or representative of Pender County or any other agency
or instrumentality of the US Government.
I-8. Advertisements: The Contractor will not represent in any manner, expressly or by implication, those items or services purchased
or sold under this contract are approved or endorsed by any element of Pender County Government. Any advertisement, including
cents off coupons, by the Contractor which refers to Pender County activity will contain a statement that the advertisement was
neither paid for nor sponsored, in whole or in part, by the particular activity.
I-9. Subcontracting: Contractor shall not subcontract any part of the work to be performed without the prior written consent of the
Finance Director. Any subcontractor or vendor used in connection with this contract is the agent of the Finance Director.
I-10. Assignment: Contractor may not assign its rights or delegate its obligations under this contract without the prior written consent
of the Finance Director.
I-11. Iran Divestment Act: Seller certifies that: (i) Seller is not listed on the Iran Divestment List created by the State Treasurer
pursuant to N.C.G.S. § 147-86.58 (the “Final Divestment List”), and (ii) Seller will not utilize any subcontractor performing work
under this Purchase Order which is listed on the Final Divestment List. The Final Divestment List can be found on the State
Treasurer’s website at the address www.nctreasurer.com/Iran and should be updated every 180 days.
I-12. Permits and Licenses: Contractor will, at his own expense, obtain all necessary permits, give all notices, pay all license fees
and comply with all laws, rules, ordinances, and regulations relating to the preservation of the public health or applicable to the
services or business carried on under this contract. The burden of determining applicability of licensing requirements, laws,
ordinances, and regulations for Contractor and his employees rests with the Contractor.
I-13. Non-Waiver or Defaults: Any failure by Pender County at any time to enforce or require strict performance of any terms or
conditions of this contract will not constitute waiver thereof and will not affect or impair such terms and conditions in any way
or Pender County’s right at any time to avail itself of such remedies as it may have for breach or breaches of such terms and
A. Contractor shall indemnify, hold harmless and defend Pender County, their agents, representatives, employees and customers
from any and all suits, judgments and claims, including those established by or pursuant to court decisions, to international
agreements, or duly promulgated regulations of the United States Government, and all charges and expenses incident
thereto which arise out of or in connection with:
1. The alleged or established violation or infringement of any patent, copyright or trademark rights asserted by any
third party with regard to items or services provided by Contractor:
2. Loss, death, damage or injury alleged or established to have arisen out of or in connection with products, services,
or equipment provided by Contractor, unless such loss, death, damage, or injury was caused by Pender County, its
representatives, or employees.
3. Any loss, death, damage, or injury alleged or established to have arisen out of or in connection with any other acts
or omissions of the Contractor, the Contractor’s subcontractor or vendors, representatives, agents, or employees.
B. Pender County will give Contractor notice and an opportunity to defend.
I-15. Insurance: During the term of the Contract, the Contractor or vendor at its sole cost and expense shall provide commercial
insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the
Contractor or vendor shall provide and maintain the following coverage and limits.
A. Worker’s Compensation – The Contractor or vendor shall provide and maintain worker’s compensation insurance, as
required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000, covering
all of Contractor or vendor’s employees who are engaged in any work under the contract. If any work is sublet, the Contractor
or vendor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under
B. Commercial General Liability – General Liability Coverage, on a Comprehensive Broad Form on an occurrence basis in the
minimum amount of $500,000.00 combined single limit (Defense cost shall be in excess of the limit of liability).