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DocuSign Envelope ID: E072F6F1-BE22-479A-BD75-1B75EF0994D6 <br /> [Departmental Use Only] <br /> TITLE BFP Foster Lake <br /> FY 2019-20 <br /> ORANGE COUNTY <br /> CONTRACT UNDER $5,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 1st day of July, 2019, ("Effective Date") by and <br /> between Orange County, North Carolina, a body politic and corporate organized under the laws of the State <br /> of North Carolina, (the "County"), party of the first part; and Foster Lake and Pond Mgmt. Inc. (the <br /> "Provider"),party of the second part; <br /> WITNESSETH: <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 and/or construction (hereinafter referred to collectively as "Services") <br /> to be furnished under this Agreement are as follows: Foster Lake and Pond will provide Pond Maintenance <br /> Service Agreement # BFP062719. Maintenance of Nuisance Vegetation, Inspection of Monitoring of <br /> Structural Components and provision of service reports <br /> The term of this agreement rendered shall be from July 1, 2019 to June 30, 2020. <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 /> SPECIFIC TERMS <br /> 1. Pam: 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 <br /> shall not exceed Two Thousand Seven Hundred dollars, ($2700). Payment shall be <br /> made within thirty (30) days of an invoice properly submitted to County. Should <br /> Provider fail to perform its duties under the terms of this Agreement, County may, <br /> without fault or penalty, withhold any payment associated with the work to be <br /> performed until such time as said work is completed. <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 /> 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 /> Revised 12/18 1 <br />