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Revised 11/19 1 <br />[Departmental Use Only] <br />TITLE SpillwayMulchFY19-20 <br />FY 19-20 <br />ORANGE COUNTY <br />CONTRACT UNDER $5,000.00 <br />NORTH CAROLINA <br />THIS AGREEMENT, made and entered into this 28th day of January, 2020, (“Effective Date”) by <br />and between Orange County, North Carolina, a body politic and corporate organized under the laws of the <br />State of North Carolina, (the "County"), party of the first part; and Douglas P. Malinowski (the "Provider"), <br />party of the second part; <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 and/or construction (hereinafter referred to collectively as “Services”) <br />to be furnished under this Agreement are as follows: <br />For the entire extent of the area depicted in WHITE hatching and labeled as "Limits of Mulching" on <br />Attachment A, Provider shall uniformly distribute sterile hardwood mulch (2-inch minimum thickness) that <br />extends a minimum of 2-feet horizontally along both sides of the existing chain link fence, in conformance <br />with NCDEQ specifications. For the entire extent of the area depicted in YELLOW hatching and labeled on <br />Attachment A, Provider shall install restorative topsoil and permanent seeding/straw, in conformance with <br />NCDEQ specifications. <br />See Attachment B for NCDEQ specifications for permanent seeding. See Attachment C for NCDEQ <br />specifications for mulching. See Attachment D for detailed price quote. This work must be completed no <br />later than March 31, 2020. <br />The term of this agreement rendered shall be from January 28, 2020 to March 31, 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.Payment: The County agrees to pay at the rates specified for Services satisfactorily (as <br />determined by the County) performed in accord with this Agreement. The amount to be paid by the County <br />shall not exceed ONE THOUSAND FOUR HUNDRED NINETY FIVE DOLLARS, ($1,495.00). Payment <br />shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to <br />perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any <br />payment associated with the work to be 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 />DocuSign Envelope ID: AEB4824B-973E-408D-9C1C-5EDDD8B50786