<strong>Caroline</strong> <strong>County</strong>, VARFP <strong>for</strong> <strong>Radio</strong> Communications SystemAPPENDIX H<strong>Caroline</strong> <strong>County</strong>, <strong>Virginia</strong>a good and workmanlike fashion, that it is a corporation chartered or authorized to do business in<strong>Virginia</strong> 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 <strong>County</strong>. The Contractor agrees that if such warranties are in any respectbreached, the Contractor will pay to the <strong>County</strong> the full contract price agreed to by the <strong>County</strong> tobe paid <strong>for</strong> 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 <strong>County</strong>; however, no fixed priced contract may beincreased by more than twenty-five (<strong>25</strong>) percent of the amount of the agreement or $50,000,whichever is greater, without the express approval of the <strong>Caroline</strong> <strong>County</strong> Board of Supervisors.The amount of this Agreement may not be increased <strong>for</strong> any purpose without adequateconsideration provided to the <strong>County</strong>.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 <strong>County</strong>, 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 <strong>Caroline</strong><strong>County</strong>, 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 <strong>County</strong>.May 27, 2011 Page 127 of 134
<strong>Caroline</strong> <strong>County</strong>, VARFP <strong>for</strong> <strong>Radio</strong> Communications System8. DefaultAPPENDIX H<strong>Caroline</strong> <strong>County</strong>, <strong>Virginia</strong>In the case of default or breach by the Contractor or the failure of the Contractor toper<strong>for</strong>m the Services in con<strong>for</strong>mance with the specifications in the Agreement, the <strong>County</strong> shallgive written notice to the Contractor specifying the manner in which the Agreement has beenbreached. If the <strong>County</strong> gives such notice of breach and the Contractor has not corrected thebreach within seven (7) days of receipt of the written notice, the <strong>County</strong> shall have the right toimmediately rescind, revoke or terminate the Agreement and in addition to any other remediesavailable at law to procure such services from other sources and hold the Contractor responsible<strong>for</strong> any and all excess cost occasioned thereby.9. AuditThe Contractor hereby agrees to retain all books, records, and other documents relative tothis Agreement <strong>for</strong> five (5) years after final payment or after all other pending matters are closed,whichever is longer. The <strong>County</strong> and its authorized agents, state auditors, the grantor of thefunds to the <strong>County</strong>, the Comptroller of <strong>Virginia</strong> or of the United States, or any of their dulyauthorized representatives shall have access to any books, documents, papers and records of theContractor which are directly pertinent to the Agreement <strong>for</strong> the purpose of making audits,examinations, excerpts or transcriptions.10. Ownership of DocumentsAny reports, studies, photographs, negatives, or other documents prepared by theContractor in the per<strong>for</strong>mance of its obligations under this Agreement shall be remitted to the<strong>County</strong> by the Contractor upon completion, termination or cancellation of this Agreement. TheContractor shall not use, willingly allow or cause to have such materials used <strong>for</strong> any purposeother than per<strong>for</strong>mance of the Contractor’ obligations under this Agreement without the priorwritten consent of the <strong>County</strong>. The <strong>County</strong> shall own the intellectual property rights to allmaterials produced under this Agreement.11. Payment and Per<strong>for</strong>mance BondIf required by law, the Contractor shall furnish to the <strong>County</strong> per<strong>for</strong>mance and paymentbonds in the amount of the Contract Sum, regardless of its amount, pursuant to Sections 2.2-4336and 2.2-4337 of the Code of <strong>Virginia</strong>, 1950, as amended (the (“Code”) and shall otherwise fullycomply with the requirements of such sections of the Code.12. Required PaymentPursuant to Section 2.2-4354 of the Code, the Contractor covenants and agrees to:a. within seven (7) days after receipt of any amounts paid to the Contractor underthe Agreement, (i) pay any subcontractor <strong>for</strong> its proportionate share of the totalpayment received from the <strong>County</strong> attributable to the Services under theMay 27, 2011 Page 128 of 134
- Page 4 and 5:
UHF/700 MHz P25 Radio Communication
- Page 7 and 8:
UHF/700 MHz P25 Radio Communication
- Page 9 and 10:
UHF/700 MHz P25 Radio Communication
- Page 11 and 12:
UHF/700 MHz P25 Radio Communication
- Page 13 and 14:
UHF/700 MHz P25 Radio Communication
- Page 15 and 16:
UHF/700 MHz P25 Radio Communication
- Page 17 and 18:
UHF/700 MHz P25 Radio Communication
- Page 19 and 20:
UHF/700 MHz P25 Radio Communication
- Page 21 and 22:
UHF/700 MHz P25 Radio Communication
- Page 23 and 24:
UHF/700 MHz P25 Radio Communication
- Page 25 and 26:
UHF/700 MHz P25 Radio Communication
- Page 27 and 28:
UHF/700 MHz P25 Radio Communication
- Page 29 and 30:
UHF/700 MHz P25 Radio Communication
- Page 31 and 32:
UHF/700 MHz P25 Radio Communication
- Page 33 and 34:
UHF/700 MHz P25 Radio Communication
- Page 35 and 36:
UHF/700 MHz P25 Radio Communication
- Page 37 and 38:
UHF/700 MHz P25 Radio Communication
- Page 39 and 40:
UHF/700 MHz P25 Radio Communication
- Page 41 and 42:
UHF/700 MHz P25 Radio Communication
- Page 43 and 44:
UHF/700 MHz P25 Radio Communication
- Page 45 and 46:
UHF/700 MHz P25 Radio Communication
- Page 47 and 48:
UHF/700 MHz P25 Radio Communication
- Page 49 and 50:
UHF/700 MHz P25 Radio Communication
- Page 51 and 52:
UHF/700 MHz P25 Radio Communication
- Page 53 and 54:
UHF/700 MHz P25 Radio Communication
- Page 55 and 56:
UHF/700 MHz P25 Radio Communication
- Page 57 and 58:
UHF/700 MHz P25 Radio Communication
- Page 59 and 60:
UHF/700 MHz P25 Radio Communication
- Page 61 and 62:
UHF/700 MHz P25 Radio Communication
- Page 63 and 64:
UHF/700 MHz P25 Radio Communication
- Page 65 and 66:
UHF/700 MHz P25 Radio Communication
- Page 67 and 68:
UHF/700 MHz P25 Radio Communication
- Page 69 and 70:
UHF/700 MHz P25 Radio Communication
- Page 71 and 72:
UHF/700 MHz P25 Radio Communication
- Page 73 and 74:
UHF/700 MHz P25 Radio Communication
- Page 75 and 76:
UHF/700 MHz P25 Radio Communication
- Page 77 and 78: UHF/700 MHz P25 Radio Communication
- Page 79 and 80: UHF/700 MHz P25 Radio Communication
- Page 81 and 82: UHF/700 MHz P25 Radio Communication
- Page 83 and 84: UHF/700 MHz P25 Radio Communication
- Page 85 and 86: UHF/700 MHz P25 Radio Communication
- Page 87 and 88: UHF/700 MHz P25 Radio Communication
- Page 89 and 90: UHF/700 MHz P25 Radio Communication
- Page 91 and 92: UHF/700 MHz P25 Radio Communication
- Page 93 and 94: UHF/700 MHz P25 Radio Communication
- Page 95 and 96: UHF/700 MHz P25 Radio Communication
- Page 97 and 98: UHF/700 MHz P25 Radio Communication
- Page 99 and 100: UHF/700 MHz P25 Radio Communication
- Page 101 and 102: UHF/700 MHz P25 Radio Communication
- Page 103 and 104: 700 MHz P25 Radio Communications Sy
- Page 105 and 106: Caroline County, VA APPENDIX BRFP f
- Page 107 and 108: Caroline County, VA APPENDIX BRFP f
- Page 109 and 110: Caroline County, VA APPENDIX BRFP f
- Page 111 and 112: Caroline County, VA APPENDIX BRFP f
- Page 113 and 114: Caroline County, VA APPENDIX BRFP f
- Page 115 and 116: Caroline County, VA APPENDIX CRFP f
- Page 117 and 118: Caroline County, VA APPENDIX CRFP f
- Page 119 and 120: Caroline County, VA APPENDIX DRFP f
- Page 121 and 122: Caroline County, VARFP for Radio Co
- Page 123 and 124: Caroline County, VARFP for Radio Co
- Page 125 and 126: Caroline County, VARFP for Radio Co
- Page 127: Caroline County, VARFP for Radio Co
- Page 131 and 132: Caroline County, VARFP for Radio Co
- Page 133 and 134: Caroline County, VARFP for Radio Co
- Page 135: Caroline County, VARFP for Radio Co