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Home My WebLink About2018-644 OCPT - Kay McPherson driver contract[Departmental Use Only] TITLE • Public Transportation FY 2018-29 ORANGE ("O'UNTY 0CPTDR]l.'ER CONTRACT UNDER $5,000.00 NORTE! CAROLINA THIS AGREEMENT, made and entered into this 'J"wcjity-ninth day Of Septeinber, 2M, ("Ll'frective Date") by and between Orange C,,ounty, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "C(nnity"), party of the first, part; and Kay ,McPherson (the "Provider"), party of the second part; WITNE S SETn: P'or the purpose and subject to the terms and conditions hereinafter set forth, the C'ounty hereby contracts for the services Of the Provider, and the Provider agrees to Provide the following services to the County in accordance with tile tern-is of this Agreement, time being of tile essence: 4'he services and/or 1-naterials and/or eojjstra,iction (hereinafter rererred to, collectively as "Services") to be furnished under this AgreCITMIlt are as follows: Provide serves as a driver to the Citizens Of 01,4111ge C,ounty at a rate (if $20, per hour. The term of this agreement rendered shall be ftom, 09/29/2018 to 7/3 l/20 19 Provider represents arid agrees that Provider is qualified to perfiortri and fully capable ol7per.forming and providing the set-vices required or necessary under this Agreement in a fully conipetent, professional arid timely manner to the satisfactior, of the county, Provider shall be responsible for all errors or omissions, in the petl'ormance Of the Agreement, Provider shall correct any and all errm, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, not- shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County, SP1i"CjyF1,C -TERM"S j-_>,AYtp -ates specified t"Or Services, satisfactorily , not,: 'File County agrees to pray at the i performed in accord with this Agreement. The amount to be paid by the County shall not exceed two hundred dollars, ($200). Payment shall, be made within thirty (30) (lays of all in\,oice properly submitted to C'OUnty. Should Provider fail to perform its duties under flie terms of this Agreement, County filay, without fault ol, penalty, withhold any payment associated with the work to be perfor-med until such time as said woi,k is completed. 2. Npq -' waiver: Failure by County at any time to require the perforniance by Provider of any, ,eof shall in no way waive, or affect the County's right hereunder t enforce the same, nor ofthe provisions hei shall any waiver by the coutity of any breach be held to be a waiver of any succeeding breach or a waiver of this flora - Mlaiver Clause. 3, jr�dqppij&g -ovider shall operate as, all irldependerit contractor, amid the &Rtitractor: The Pi ated County shall not be responsible for any of the Provider's acts or ornissions, Tile Provider shall not be tre, as all culpioyce with respect to the Set-vices performed hereunder for federal or, state tax, unernploynient or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by tile County oil behalf of the Provider or the employees of the Provider. 4. tqCcjjjnjty.: The Provider agrees, witillotit limitation, to defend, indernnify, arid hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, darnages oj• expenses (including reasonable attorney's fees) arising; from bodily in.jmy, including death, to any person OrPersOns or damage to revised 10117 (Mgr appnr 5k 6/1,, 9), dept requeM 9/26/18 the part of the Provider in carrying out Providers duties and 01)ligations related to the Services to be provided in this Agreemetlt. This Agreement rimy be terminated at any tinge by tnutual written agreetrient of der, County may suspend this Agreement upon tire parties or by the County upoll written notice to the Provi reasonable notice to Provider, c d 111c, parties have read this Agreement and agree to b bound by all of its terms, arid furt1ter agree that it constitutes tile coniplete and exclusive statement of tile Agreement between the parties unless and until utodifited in writing and signed by the parties, Modifications may be evidenced by telclacsimile sigilatUre, This Agrectuent together with air), amendiricrits or rnod ifi cations may be executed electronically. All elcetronic signatures affixed hereto evidence tile consent Of the Parties to utilize electronic signatures and tile intent of tile parties ter colliply will'i Article I tA and Article 40 of North Carolina General Statute Chapter 66. 1 - 7 0, n� Y: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange COUllty. Provider shall at all times remain Kira coirlpfialicc with all applicable local, state, and federal laws, rules, arid regulations including but not fill1ited to al,l state and federal anti-discrinrination laws, Policies, rules, arid, regulations and the Orange County No�n- f) iscri,ln in ati(,)Il Policy and Orange County JJving Wage Policy (each policy is incorporated herein by reference arid may be viewed at qfj ip),, Any violation Of this t,,.,j,jj _.jA ,, qLcjgisit division/contract� W, ang Qq1! . ..... !jjP://w\V ot tyngg _Yt4 requirement is, a breach of this Agreement and County may hurnediately terminate this Agycernent without. further obligation oil tile pail of tile County. This paragraph is not intended to limit and does not tirnit the definition of breach to discriminatiom By executing this agreement Provider certifies that Provider has not been identified, and has not utilized tile set-vices of any agent Or subcontractor identified, on tile list created by the State Treasurer pursmilt to G.S. 147-86.% By Meriting this Agreement Provider certifies that Provider has not been, identified, and llas not utilized the services of any agent or subcontractor identified, o the list created by tire State Treasurer pursuant to &S. 147-86.81 . By cXeCUting this Agreement Provider affirms, Provider is arid shall remain in compliance with article 2 of Chapter 64 of the North Carol I ina. General Statutes, in detertnining the basic services to be provided, should any documents be referenced ill or attached to this Agreement, file terms herein shall have priority in any conflict, between the terms Of referenced docurnents and the terms ofthis Agreement. [Liti011: Neither party may initiate binding arbitration. My disputes Shall be Kq- . ___ n fails either party may initiate litigation to. resolve tile resolved by nonbinding triediation. If such mvdiatiO dispute, Should either party initiate litigation to settle any dispute involving tile terms of this Agreement such litigation shall be initiated in the General Court Of Justice of North Carolina seated in Orange County, North Carolina, 9, Mori Apqi iation: Provider ackriowledges, that County is a, governmental entity, and the n the availability Of Public funding under the authority of statutory validity of this Agreement is based upo mandate. In tile event that public funds are unavailable and not appropriated lot- the performance of Co,tinty's obligations under this Agreement, their this Agreement sliall automatically expire without Penalty to County inuriediately upoll written notice to Provider ofthe unavailability and non appropriation Of Public Fund& IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGECOUNTY,,-) By� Al, ........ . . Revised 10/17 (Mgr appry A 6/18) dept request 9126/18 I'ROVIDER By: ....... . .... 1A 2 Title; Departnictit Director 200: S. Canicron St. l'.0. Box 8181 1lillsboroughl,NC 27278 J�cviscd 10:117 (Mgrappn� A 6/18)(lePt re�cpics(9/26M