Sampson Bladen Oil CompanyNew Hanover County Contract #
NORTH CAROLINA
AGREEMENT
NEW HANOVER COUNTY
THIS CONTRACT made and entered into this S day of September
2018 by and between NEW HANOVER COUNTY, a political subdivision of the State of
North Carolina, hereinafter referred to as "County "; and SAMPSON BLADEN OIL
COMPANY, hereinafter referred to as "Contractor."
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out, hereby
agrees with the County as follows:
1. Scope of Services. Contractor has agreed to provide one (1) pump
holding approximately 8,500 gallons to be dedicated to New Hanover County Public
Safety for use post Hurricane Florence. A New Hanover County sworn officer will attend
the dedicated tank during fueling times to ensure the general public does not use the
dedicated pump. New Hanover County will pay the cost of a generator and hooking up
the generator using Sampson Bladen's electrical contractor to allow the dedicated pump
to operate during a power outage as well as pay the electrical contractor to unhook the
generator after it is no longer needed for County services. The generator will not be the
property of the Contractor. New Hanover County, where it is able and under New
Hanover County's control, will assist Contractor with ensuring personnel, petroleum
transports and product to the fueling site.
2. Time of Performance. The term of this Agreement shall begin
immediately and end when the local state of emergency is lifted or when the service is
no longer a need, whichever is sooner.
3. Payment. The County will procure fuel at the current pump price and will
only procure the gasoline that it requires for Public Safety use and will not be required to
purchase a minimum amount of gasoline. New Hanover County will use its Wex Fuel
Cards for purchase of the gasoline; however, if power outage does not allow card
usage, receipt slips will be provided to each officer for each fuel purchase and will be
billed to New Hanover.
4. Extra Work. County and Contractor shall negotiate and agree upon
the value of any extra work or services prior to the issuance of a County Change Order
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or Renewal /Amendment (CRA) form covering said extra work or services. Such
Change Order or CRA shall set forth the corresponding adjustment, if any, to the
Contract Price and Contract Time.
5. Indemnity. Contractor shall indemnify and hold County, its officers,
officials, agents, and employees, harmless against any and all claims, demands, causes
of action, or other liability, including attorney fees, for any property damages, personal
injuries or death arising out of, relating to, or resulting from the negligence, willful act, or
omission of Contractor, its agents, employees and subcontractors in the performance of
work or services.
6. Independent Contractor. The parties mutually agree that the Contractor
is an independent contractor and not an agent of the County, and as such, the
Contractor shall not be entitled to any County employment benefits, such as, but not
limited to, vacation, sick leave, insurance, workmen's compensation, or pension and
retirement benefits.
7. Default and Termination. If Contractor fails to prosecute the work
or services with such diligence as will insure its completion within the Contract time, or if
Contractor breaches any of the terms or conditions contained in this Contract and fails
to cure said breach within two (2) days of County's mailing of Notice of Default, or
otherwise fails to perform the work or services hereunder to the County's reasonable
satisfaction, County may terminate this Contract forthwith. Upon termination, County
may, without prejudice to an action for damages or any other remedy, take the
prosecution of the work or services out of the hands of Contractor. County may enter
into another Contract for the completion of the Contract, or use such other methods as
may be required for the completion of the Contract. County may deduct all costs of
completing the Contract from any monies due or which may become due to Contractor.
In the event this Contract is terminated prior to completion of the services by the
Contractor, the Contractor shall be paid for work or services performed to the date of
termination. In no event will the amount due Contractor in the event of termination
exceed that amount set forth in this Contract. Nothing contained herein shall prevent the
County from pursuing any other remedy, which it may have against Contractor,
including claims for damages.
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New Hanover County Contract #
8. Termination for Convenience. County may terminate this Contract
for convenience at any time and without cause. Upon receipt of notice, Contractor shall
immediately discontinue providing the work or service and, if applicable, the placing any
orders for any materials, facilities, and supplies in connection with the performance of
the work or services of this Contract.
9. Non - appropriation. All funds for payment by County under this
Contract are subject to the availability of an annual appropriation of Commissioners for
the services provided under the Contract, County will terminate the Contract, without
termination charge or liability, on the last day of 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 by the Contractor on ten
(10) business 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.
10. Non - waiver of Rights. The parties mutually agree that either party's
failure to insist upon the strict performance of any provision of this Contract or to
exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any rights under this Contract.
11. Conflict of Interest. No paid employee of the County shall have a
personal or financial interest, direct or indirect, as a contracting party or otherwise, in
the performance of this Contract.
12, Subcontracts. The Contractor shall utilize no subcontractors for
performing the work or services to be performed under this Contract without the prior
written approval of the County.
of the parties.
13. Entire Contract. This Contract constitutes the entire understanding
14. Binding Effect. This Contract shall be binding upon the parties
hereto, and their heirs, successors, executors, administrators and assigns.
15. Severability. If any provision of this Contract is held unenforceable,
all remaining provisions of this Contract shall remain in full force and effect.
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New Hanover County Contract #
16. Inclusive Terms. Use of the masculine herein shall include the
feminine and neuter, and the singular shall include the plural.
17. Governing Law. All of the terms and conditions contained herein
shall be interpreted in accordance with the laws of the State of North Carolina.
18. E- Verify Compliance. Pursuant to N.C.G.S. 143 - 133.3, Contractor
shall fully comply with the U.S. Department of Homeland Security employee legal status
E- Verify requirements for itself and all its subcontractors. Violation of the provision,
unless timely cured, shall constitute a breach of Contract.
19. Compliance with Federal Law. If applicable, all federally funded
projects, loans, grants, and sub grants whether funded in part or wholly, must be
procured in a manner that conforms with all applicable Federal laws, policies, and
standards, including those under the Uniform Guidance (2 C.F.R. Part 200).
20. Notices. All notices required hereunder to be sent to either party
shall be sent to the following designated addresses, or to such other address or
addresses as may hereafter be designated by either party by mailing of written notice of
such change of address, by Certified Mail, Return Receipt Requested:
To County:
230 Government Center Drive
Suite 165
Wilmington, NC 28403
To Contractor:
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21. Assignability. The parties hereto agree that this Contract is not
transferable and shall not be assigned by either party without the written consent of the
other party to this Contract.
22. Contract Under Seal. The parties hereto expressly agree to create
a Contract under seal.
IN WITNESS WHEREOF, the parties have hereunto affixed their hands
and seals, the day and year first above written and by authority duly given.
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This instrument has been pre -
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
County Finance Officer
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New Hanover County Contract #
NEW HANOVER
4,l ISM, � .
Co ntyManager il1311g
CONT 0�1:��'�
BY: Z (Seal)
t/, resident
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New Hanover County Contract #
STATE OF NC-
COUNTY
I, fNQ I I 6 S a Notary Public in and for the
State and County of resaid, certify that , personally
me bef \me this day and ack Qe g0d that (s)he is ' esident of
ayaLL) ��(�N(1( ��� �� . a lU and that by authority
duly iven and as the act of the limited liability corporate n, the foregoing instrument was
signed in its name by its President.
WV�ITNESS my hand and official seal, this day of
C iy —2018.
i
Notary- Publi
My commission expires:
Req.
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