Caroline County, Virginia Request for Proposals Project 25 Radio ...

Caroline County, VARFP for Radio Communications SystemAPPENDIX HCaroline County, Virginiaa good and workmanlike fashion, that it is a corporation chartered or authorized to do business inVirginia having all necessary licenses required by law, that the person signing the Agreement hasbeen fully authorized to do so, and his signature will legally bind the Contractor to theAgreement. Any goods or services furnished by the Contractor under the Agreement shall benew and covered by the most favorable warranties provided by the Contractor to any customer;the rights and remedies hereby provided are in addition to any and do not limit those otherwiseavailable to the County. The Contractor agrees that if such warranties are in any respectbreached, the Contractor will pay to the County the full contract price agreed to by the County tobe paid for the supplies, materials, equipment or services furnished under the bid or proposal.5. Modifications, Additions or ChangesModifications, additions or changes to these terms and conditions may not be madeexcept in writing and agreed to by the County; however, no fixed priced contract may beincreased by more than twenty-five (25) percent of the amount of the agreement or $50,000,whichever is greater, without the express approval of the Caroline County Board of Supervisors.The amount of this Agreement may not be increased for any purpose without adequateconsideration provided to the County.6. Hold HarmlessThe Contractor and all its subcontractors shall bear all loss, expense (includingreasonable attorney’s fees) and damage in connection with, and shall indemnify the County, itsBoard of Supervisors members, officers, employees and agents against and save them harmlessfrom all claims, demands, and judgments made or recovered against them because of bodilyinjuries, including death at any time resulting there from, and/or because of damage to property,from any cause whatsoever, arising out of, incidental to, or in connection with the Services,whether or not due to any act of his or their employees, servants or agents and whether or not dueto any act of omission or commission including negligence, except sole negligence, of CarolineCounty, its Board of Supervisors members, officers, employees, and/or agents. Compliance bythe Contractor with the insurance provisions hereof shall not relieve the Contractor from liabilityunder this provision.7. AssignmentThe Agreement may not be assigned, sublet, or transferred without the written consent ofthe County.May 27, 2011 Page 127 of 134