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Home My WebLink About2018-641 OCPT - Betty Poole driver contract (Departmental Use Only) "1°CL OC Public Transportation FY 2018-2019 ORANGE COUNTY OCPT DRJVER CONTRACT UNDER $5,000-00 NORTH CAROLINA AGREEMENT', niade and entercd into this, TWelAY-11i"All clay of September, 2018, ctive Date") by and between (.)range County, North Carolina, It body politic and corporate organized ffe 11 render the laws of the State o:f North Carolina, (the ,county"), party of tile First part; and Betty Poo�le (t e "Provider"), party of the second hart;. w ur N E S S E'1'11' 1'or tli,e purpose and subject to the terms and conditions liel-einafter set forth, tile County hereby cojjtI°acts (i)r the services of the Provider, and the Provider agrees to provide the followilig services to tile Counly in accordance with the terras of this Agreement,time being of tile essence: The services and/or nmterials and/or construction (liel-Cinafter referred to collectively as "Services") to be furnished under this Agreen-i-cmit are as fbllows: Provide serves as as driver to the Citizells, Of()"ange County at a rate of$20 per hour. The term of this agreement rendered shall be from 09/29/2018 to 7/31,/201,9. Provider represents and agrees that Provider is qualified to perform and fully capable of perfol-111ilug and his Agreement in a fully Corupeterlt, pjof pl-oviding the services required or necessary under t essional and timely manner to the satisfaction Of tile COUllty. Provider shall be responsible for all errors, or omissions, In the Performance of the Agreement. Provider shall correct any and till errors, ojllissioyls, discrepancies, -ees that Provider shall not an"IbigUities, mistakes ()r conflicts at no additional cost to the County. Provider agi n tarry right or sub-contract: any or the services to be Provided ill this Agreement, not, shall Provider assig a responsibility granted or required by this Agreetment, Without the prior written approval of tile("ounty. 8 �11-I�ICJF I�Clr El�Rms 1 1)a, "Ounty agrees to pay at the rates specified for Services satisfactorilY "pYgle j., The C Performed in accord with this Agreenicnit. The amount to be paid by the COLinty shall rant, exceed two hundred dollars, ($200�), Payment shall be made within thirty (30) &ys of an ilivoice property sub lined to County, Should Provider fail to perform its duties under the terms of this Agreement, County may, withoUt fault or perialty, withhold any payment associated with the work to be perforrned L11,1til such time as said work is completed. Failure by Cotinty at airy fime to require tile performance by Provider of any - the same, nor of tile, Provisions hereof shall ill 110 way waive or affect the COL.nity's right herettrider to I enforce Id to be a waiver Of ally SLIeceeding breach or a waiver of shall any waiver by tlie(,'ounty of any breach be lie this Non-Waiver Clause. ml r 3mm tte as an independent c( t actor, arld tie Qqplr@�tor� 'I'lle Provider shall oper, n-lissions. 'Hie Provider shall 1lot be treated County shall not be respollsiblefor ally of the Providers. acts or 0 as all employee with respect to the Services pm-formed hereunder for federal or state tax, Linemployrne"It Or workers" compensation pt,irl)oses. The Provider understands that l.neither federal, nor state, nor payroll tax of any kind shall be withheld or Paid by tile County on behalf of tile Provider or the employees ofthe Providei% 4. Indeml,lit 'i-'jje Provider agrees, without limitation, to defend, indeumiry, and hold harmless Orange Count), f1rolu all losses, liabilities, claims, demands, suits, costs, damages or expenses (ille 9 ry including death, to ally persoll ()I.persons or damage to reasonable atiorney's 6ees)arising from bodily injiu rtevised 101/17 ftr appry 5k 6/18)dept request 9/26/18 the part of the Provider in carrying otit Provider's ditties and obligations related to the Services to be provided in this Agreenient. 5 Ternlination: This Agreement may be terminated at any time by mutual written agreement of ___.......... the parties or by the Coillity ullon written notice to tile Provide,.. County may suspend this Agreement upon reasonable notice to Provider. ASivptqp�,5: "File pal-ties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitiltes the complete and 'exclUSiVe statement of tile Agreement between the parties unless anal until modified in writing and signed by the parties, Modifications may be evidenced by telefacsinlile signature., "I'his Agreernent together with any atuendaients or niodifications may be executed electronically, All electronic signatures affixed hereto evidence the consent of the Parties to Litilize electrOfiic signatures and tile il,ltellt of tile parties to comply with Article I I A and Article 4-0 ol"North C',arolina General Statitte Chapter 66. UL !jKj -eenient shall be governed by p!jpdty: Both parties agree that! this Agi the laws of the State of North Carolina and Orange County. Provider shall at all times rernain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not, limited to all state and federal anti--discritninatioll jaws, policies, rules, and regulations and tile Orange County Non- Discrimination Policy and Orange (.'olluty Living Wage Policy (each Policy is incorporated herein by reference and may be viewed', at c i r I-La d i v i S i o i,I/c ra c t 5j!hj.).). Any violation of this Irtal ts , requirement is a breach of this Agreement and County nlay immediately terminate this Agreement without Further obligation oil the part of the County, This paragraph is not intended to linift and does not linlit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not: utilized the services of any agent or subcontractor identified, on the list created by the State 'freasurer pursuant to G,S. 147-86.5& By executing this Agreement Provider certifies that Provider has not been identified,and has not utilized the'services of any agent or subcontractor identified,on the list created by tile State Treasurer pursuant to (3'.S- 147--86.8L By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In deterniining the basic services to be provided, should any docurnents be referenced ill or attached to this Agreement, the terms herein shall have priority i41 any conflict between file ternis of referenced documents arld the terms of this Agreement. 8 � shall be 11gion Neither party may in4iatz binding arbitration, Any dispUtes, resolved by nonbiading mediation. If'such niediation fails either Party may initiate litigation to resolve the dispute. Should either patty initiate litigation to settle any diSpUtC involving the terms of this Agreellient such litigation shall be initiated in the (rencral Court of Justice of North Carolina seated in Orange County, North Carolina. 9, rtental entity, and the 4?,P ttijon: Provider acknowledges that Cointy is a goverm validity of this Agreernent is based irpon the availability Of PUblic funding under the authority of its statutory mandate, In the event that pllblic fiflicis are unavailable and not appropriated for [lie Performance of C"ounty's, obligations tinder this Agreement, then this Agreement shall automatically expire without penalty to Comity immediately upon written notice to Provider Of 01C UllaVailability and non-appropriation of publie finicis. M wrrNESS WIMRMI)F,()range CoUlIty and tile Provider have signed this Agreement, effective as of tile day first written above, 0RANG'E COUNTY PROV11111 1 01.1 By: BY ............I ............. Revk,ed 111/'1.7'(Mgr appry A 6/181 crept a`equesl 9126118 2 Department Director 200 S. 01m.erc)" St- P.O.. ;Bo 1 ,. l illst,)orougli, NCB 27278 Revised 10/17(Mgr ag pry Sk WAS)dept ra,alaaws't 9820 8 3