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2016-728-E Planning - NC DEQ Lake Orange Hydrilla study
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2016-728-E Planning - NC DEQ Lake Orange Hydrilla study
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Revised 1/16 <br /> 1 <br />[Departmental Use Only] <br /> TITLE Lake Orange Hydrilla Mgt <br /> FY 2017 <br />ORANGE COUNTY <br />CONTRACT UNDER $15,000.00 <br />NORTH CAROLINA <br /> <br /> THIS AGREEMENT, made and entered into this First day of July, 2016, (“Effective Date”) by and <br />between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the <br />"County"), party of the first part; and North Carolina Department of Environmental Quality, Division of <br />Water Resources Aquatic Weed Control Program (the "Provider"), party of the second part; <br /> <br />W I T N E S S E T H: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br />contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br />County in accordance with the terms of this Agreement, time being of the essence: <br />The services and/or materials (hereinafter referred to collectively as “Services”) to be furnished <br />under this Agreement are as follows: Stock Lake Orange with 280 sterile grass carp and perform a hydrilla <br />survey of the Lake. Apply water-borne herbicide targeting hydrilla in a portion of Compton's Pond (a <br />sediment capturing pond upstream of Lake Orange) and perform a survey of the hydrilla infestation in <br />Compton's Pond. Details of the proposed cost and scope are included in the attached proposal letter, <br />incorporated herein by reference. <br /> <br />The term of this agreement rendered shall be from July 1, 2016 to June 30, 2017. <br /> <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and <br />providing the services required or necessary under this Agreement in a fully competent, professional and <br />timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br />the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not <br />sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br />responsibility granted or required by this Agreement, without the prior written approval of the County. <br /> <br />SPECIFIC TERMS <br /> <br />1. Payment: The County agrees to pay at the rates specified for Services satisfactorily <br />performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three <br />thousand, six hundred dollars, ($3,600). Payment shall be made within thirty (30) days of an invoice <br />properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, <br />County may, without fault or penalty, withhold any payment associated with the work to be performed until <br />such time as said work is completed. <br /> <br />2. Non–waiver: Failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <br />shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br />this Non-Waiver Clause. <br /> <br />3. Independent Contractor: The Provider shall operate as an independent contractor and the <br />County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated <br />as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br />workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br />any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> <br />DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696
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