The URL can be used to link to this page

Home My WebLink About2018-642 OCPT - Jessica Gentry driver contract [Departmental Use Only] TITLE OG Public Transportation FY 2018-2019 ORANGE COUNTY 00"I' DRIVER CONTRACT UNDER$5,000-00 NORTH CAROIANA THIS AGREEMEM', rnade and entered into this Twenty ninth day of September, 2018, ("f,'Iffective gate') by and between Orange County, North Carolina, a body politic and corporate organized under the laws ofthe State of North (Arolina, (the "Cotinty"), party of the first, part; and Jessica Gentry (the "Provider"),paarty,of the second part; w rr N E S S E T 11: For (lie purpose and subJect to the terins and conditions fiereinaller set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the ("ounty in accordance with the terms,of this Agreement,time being of the essence: The services and/or inaterials and/or construction; (hercirrafte, rcforrcd (o collcetively as "Services") to be ffirrilished under this Agreement are as follows: Providc serves as a driver to the Citizens Of Orange County at rate of 2(l Per hour. The terra of"this agreement rendered shall be fi-om 09/29/2018 to 7/31/21)11 9 Provider represents and agrees that Provider is qUalified to pcii'brm: and fully capable ofperforn,)ing and providing the services reqidred or ntTMary Under this Agreement in as fully cornpetent, professional and timely manner to the satisfaction Of the COLHALY. Provider shall be responsible for all errors or omissions, in the perfortnance of (:lie Agreenient, Provider shall, correct any and all errors, omissions, discrepancies, ambiguit,ies, mistalces,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, nor shall Provider assign any right or, responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS s J 61"Ilgilt: 'fhe County agrees to pay at the rates specified 'For Services satisfactorily performed in ac.cord with this Agreement,, The aniotint to be paid by the County shall riot exceed two hundred dollars, ($200):, Payment shall be made within thirty (30) days of an invoice properly subinitted to COLulty, Should Provider fail to perfor-ni its duties under the terms of this Agreement, County may, withotit fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed, 2, Non—waiver: Failure by C'ounty at any time to require the Performance by Provider- ofany of the provisions,hereof shall in no way waive or affect the County's right hereunder to enforce the sarne, no]- shall any waiver by the(._,'onnty of any breach be held to be a waiver of any succeeding breach or a waiver Of this Non-Waiver Clause. 3. d pit ndent, Contractor: 'flic Provider shall operate as an independent contractor, and the Cotinty shall not be responsible for any of the Provider's acts or omissions. 1'hc Provider shall riot be treated as, an employee with respect to tile Services performed hereunder for Federal or state tax, unemployment Or workers' cornpensation purposes. 'rhe Provider understands that neitherfiederal, nor state, nor payroll tax of any kind shall be withheld or paid by the COLHAY on behalf of the Provider or the employees of the Provider. 4 Indeirnlity: The Provider agrecs, without limitation, to defend, indeinnify, and hold harrnlcss Orange County firorn all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising froni bodily injury, including death, to arry person oi-persons or damage to Revised t011 7(Mgr appry 5k 6/18)dept request 9J26118 l the part of the Provider ill carrying OUt Provider's duties and Obligations related to tile Services to be provided it, this Agreement. ment may be terminated at any tirne by InutLIal written agreement of 5. jc�qjitlatk)n: This Agree )reement upon Conjjty upon written notice to the Provider, County may SUspend this Ag the parties or by the reasonable notice to Provider. 'AtL '4!L PA,Sigg turq,5: The parties have read this Agreement and agree to be .6 L tA onstitutes the coltiplete and exclusive statement of the bound by all or its terms, and further agree that it c, and signed by the parties. Modifications Agreement between the parties unless arid until niodified in writing 11 "rhis Agreement together with any amendments or may be evidenced by telefacsir" ile signature- 11iodifications may di executed electronically, All electronic sinatures affixed hereto evidenCC tile COTISent ofthe PallieS to UtZC electronic signatures and the intent ()r tile parties to coyriply with Article I I A arid Article tl:of North Carolina General Statute Chapter 66. 7. gpy��M.in rties agree that this Agreement shall be governed by gl_U! - Bot'll Pa the laws of tile State of North Carolina and Orange CountY Provider shall at all tillies rernain in compliance with all applicable local, state, and f6deral laws, rules, and r gala ion in luing,, but noliait eto all state and Federal anti-discrimination laws, policies, rules, guions d tile Orange Coluity Noll- :T Wage 11olicy (each Policy is incorporated herein by Discritnillatioli Policy and Orange County ivi'19 be viewed at reference and may i / tr,,jct,s.p Arty violation of this io rtnitiate this Agreement without re1quirettlent is a breach of this Agreenient arid County may immediately te further Obligation on the part of the County. This paragraph is not intended to limit and does not li'llit the definition cif`breach to discrimination. By excentijig this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of alty agent 01' subcontractor identified, oil the list created by the State Treasurer pursuant tea G.S. 147-86,% By executing this Agreement Provider certifies that Provider.bas riot been identified, and has not utilized the services of any agent or subcontractor identified, oil I-Suant to (.' -ecuting this Agreement Provider tile list created by tile State 'treasurer pu j.S, 147-M81 By ex, affirms Provider is and shall remain in collipliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Ill determining the basic services to be provided, should any docullients, be referenced in or _1 ty in any conflict between, the terms of attached to this Agreement, tile tertns he shall have priori referenced dOCUments and the terms Of this Agreement. t Neither party may initiate binding arbitration, Any disputes shall be 8. itiate litigation, to resolve the resolved-by nonbinding mediation. It'such rilediatilon Bails either party may in mell litigation to settle any dispute illvolvirig the terras of this Agree t lt� dispute, Should either party initiate General Of Justice, of North Carolitia seated i 0' 9 C u 1 Y' such litigation shall be initiated in the North,Carolina, . ,AppjqLgiation: Provider acknowledges that COUIAY is a governmental entity, and tile bility of public funriattedrfor ing uvalidity of this Agreement is based upoll the availa prop the performance of Col"Ityls mandate, ].it the event that public funds are Unavailable and not ap greeniclit, then this Agreement shall alitonlatically expire without penalty to C,'OUnty Obligations undei this A f the unavailability and non-appropriatioti of public Funds. iruntediatCly Upon, written notice to Provider o IN WITNESS WHEREOF,Orange Comity and tjje Provider have signed this Agreement,eftective as of tile,day first W"ittc" above. ORANGE COU-NTY pROVIDER By By: ........................ Revis'ed 1,0/17(mg,app,5k&ig)&p't request9/26M 2 Title, Department Director 200: S, Cameroji St, P,O, Box 8 181 ffillsborough,NC 27278 1t.cviscd IGII'l(Mgr appfv 5k&18)dept request 9/26118