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Home My WebLink About2018-643 OCPT - Karen Foust driver contract [Departmental Use Only TITLE o�C Public Trans po>r'ta�born Y 018-201,9 ORANGPE COUNTY CaM DRI ER CONTRACTUNDER$5,000.00 NOWFU CAROLINA 'Y1111S AGR1 XM1FN T`, made and entered itto this 'f°wventy-ninth clay o eienafe l C , ("Effective Date ) by and between Orange County, North Carot , H politic an . corporate organized under tine laws o the State of North Carolina, (tile "Sounty°), party (if the rat T a "l'roviher"), party of tlae second part For the purpose and sub ect to the tennis and conditions hereinafter set. Forth, thy. County hereby contracts for tlae services of the Provider, and tdae Pi-(,,.wider agrees to provide t.die follor�vrrag; services �tcr lire County in accordance with the terms ofTthis AA.g reenient,tithe being of the essence: "fire services analu`oi materials and/or construction (hereinafter referred to collectively as "Services") to be furnished r.ru,aa.der this Ag ieentent, are as follows; Provide serves as a driver to the Citizens of Orange County at a rate MIN per hour, 'Flee terra of this agreement rendered shall be From 09/29/2018 to 713 112019, Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing tale services required or° necessary under this Agrecnaerat it, a titlly competent, professional and timely mariner to tine sat sfbction of"the Counit • Provider shall be �iesponsrble Farr all errors c;rr ciscr sianci it. the performance of trite Ag�reenient. Provider shall correct re t an and; all errors, o lthat rl Provider shall not ambiguities, tiiistalcca t.rr.conflicts at rio additional sub-contract any of tlae set-vices to be provided in this Agreement, not- shall i'rovicder° assign any right or responsibility granted or required by this ,Agreement,Without the prior written approval of the C'ontY. 5PECIFIC TERMS 11. lrayn-uenf; The County agrees to pay at, tlae rates specified for services satisfactorily performed rra accord with this Ag,reetraenL The aauiiorunt to be paid of, COUnty properly no sub era t ecf to hundred dollars, ( 2pfd)f llayi ent shall lie trade within thirty ( ) y pitted to County, Should Provider fail to perr°orm its denies render the terms of this .Agreement, County may, fault Ot. penalty,Withhold any payment associated with the wort(to be performed triatil such time as said work is completed. , Corr aiver: Failure by County at any titre to require tile perlorntance liar l�'iovider of ally of tlae provisions hereof shall ire lao Way waive or affect tlae County"s rtglat hereunder to enforce flee same, rior shall any waiver by the County of any breach be held to be a waiver of'ally succeeding breach or as waiver of this Non-Waiver Clause. , ;g c � t c rrt c iatt�a :or "rhe Provider shall operate as an independent contractor, and the Crranity shall not be responsible for any of'the Provider's acts air orrarssrartrs. Elie d.�rovi�cta shall taut be treated as an ctaployecil Willa respect to tlrc Services r �understands utlr�t neither federal, nor state, rtor payroll, tax Of workers' compensation, lirtiposes. The Provider any kind shall be withheld or paid by the County orgy belialf'of°the Provider or tdle employees Of tlae 1)rOvid�er 4. [pttl,grllp�q-. 'file Provider degrees, Without limitation, tcosts,en nrindesini expenses old her nil ss C7r�arrpe County from all losses, liabilities,, claims, demands, snits, reasonable attorney's fees) arising, from bodily inj,ut-y, including d'eatil, to any person or persons or damage to J�evased 10117(Mgr r,,q)pr'v 5r:.648);dept request 9/26/18 1, t Provider's duties and c)bligations related to the Services to be the part of tile Provider in carrying On provided 'in this Agreement. tertninated at any time by unItUal written agrecillent Of 5. !Lqqll in� eclt ilpon !tiojj: This Agrecillet"t amy be be Providen County may suspend this Agreeni the parties 01' by tile COtUitY Upon written notice:to t reasonable notice to ProvidM 6, -e: p� -and Si 1-he parties have read this Agrectnerit and agree to be qtit 9 cl gnatLA:gs Ile coluplete and: exclosive staternent of the bound by all of its tents, and further a&ffee drat it const't"tcs t Agreement between this parties unless and 1.111til modified it, writing and signed by the parties. M.odifications a nerldillents or 1-n:ay be evidenced by telefacsimile sigrUlt!.lre J'his Agrcenlclit together With ,ny at triodifications may be executed electrotiically. All electronic signatUres affixed hereto evidence heel onsof the Parties to utilize electronic SigllattlreS and the intent of the parties to c0ftlply with rtic IA and Article 40 of North Carolina (icneral Statute C11hapter 66,, arties agree that tbis Agreement shall be governed by 7. _,kjj�tp�jqrity: Both 11 -ealain, in compliance tile laws of(be State of'North Carolina and Orange County, Provider sly all at all times i with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state acid federal anti-d iscrinlill atiO 11 laws, policies, rules, and regulations and the Orange County Non- (111ty 1,iving Wage Policy (cacti poliCY is incorporated I erei! by I)iscrimillation Policy and Orange CO , be viewed at ref"erence and rnay Lt 0 Any violation 01, this lasill, divjgorj.� gpj -nmediately terminate this Agreement without requirement is a breach of this Agreement and ColultY may it s not linlit the forther obligation on the part of the Concity, This paragraph is runt intended to lirnit and doe ut Provider eertifies that Provider has not definition of breach to discrimination. By executing this Agreenle been identified, and has clot Litili7ed the services of any agent or subcontractor identiFted, oil the list created ursuant to G& 147-86�58. By executing this Agreernent Provider certifies that by the State Treasurer p s not utilized the services of any agent or subcontractor identified,oil Provider has, not bear identified, acid ha , .S. 147-8681. By executing this Agree"le!'At Provider tile list created by the State Treasurer pursuant -1 Carolina affirms Provider is acid sliall remain ill compliance with Article 2 of Chaptei 64 of the Nortl G reneral Statutes in determining the basic sel,vices to be provided, should any d(,)cucnents be I-eferenced ill or attached to this Agreenient, the terins herein shall have priority in any conflict between the terins Of referenced,documents and the terms of this Agreelm"t, Neither party inay initiate binding arbitration Any disputes shall be on fails eititer party ulay initiate litigation; to resolve the resolved by nonbinding mediation. if such niediati ute involving the terms of this Agreernent dispute. Should either party initiate litigation to settle.Guy di,sp I Gran 0 tit such litigation shall be initiated in the General C01jr,t ofjustice of North Carohna seated i I Or t ge C u Y 'North Carolijia. owledges that County is a governmental ciltity, and tile 9, "AMM111dation: 1,1rovider acial, ,it is bas..ed upon the availability of public ILinding under the authority of its tvalidity of this Agyreeirlei; be acid not appropriated for the perfortliance of( tnandate, Ill the event that public fullds arc nuavaila cut shall automatically expire without penalty to C01111tY obligations under this Agreenient,then this Agreell icurnediately upon written notice to Provider of the unavailability and non-appropriation of public fluids. IN WVVNESS WHEREOF,Orange County and the Provider have signed this Agreerne!"It, eff e ctive as of the day first written above. ORA,N(.3",E (,OUNTY PROV Z�n By: By Revised 10/1,7(N4gr apptv 5k6l 18),dePt I-cqucst9/26/18 2 Department Director 2,00 S. C,arneroll St:. P.O. Box 8181 Flills borough,NC.' 27278 Re,viscd Bo/V7(1w18r appry A 6/18)dept re(ples 9/2611.8 p