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Home My WebLink About2018-645 OCPT - Kimberly Evans driver contract[Departmental Ulse Only] TITLE OC Public Transportation FY 20118-2019i ORANGE COUNTY OCYF DRIVER CONTRACT UNDER $5,0m).00 NC WM CAROLINA THIS AGIREENLENT, made and entered into this Twenty-tilinth tlay of September, 20118, ("ElYfective Date") by and between Orange COUllty, North a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of tile, first part; and Kirliberly )-,�.valis (tile 1111rovider"), party of the second, part; W1TN ESSETR:� unty hereby For tile purpose and subject to the ternis and conditions hereinafter set forth, tile CO contracts for the services of the Provider, and tile Provider agrees to provide the f,,(,)jjowi,ng services to the Colinty in accordance Nvitli the ternis of this Agreenient, time being of the essence: The services andJor materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide serves as a driver to the Citizens of' Orange Comity at as rate of $201 per hour. -oni 09/29�/201 8 to 7/31/2019. tcl•ffl of*tljjs agreenient rendered shall lie Ili pl-ovide,j- represents and agrees that, Provider is qualified to perform and fully capable of performing and providing; tile services required or necessary Under this Agreement in a fully e(A"Petent, Professional and timely manner to the satisfaction or the (;(,)Linty , Provider shall be responsible for all errors or onlissiolls, it) tile perforfliance of the Agreement, Provider shall correct any and all errors, omissions, discrepancies, at-ribiguitics, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not services to be provided in this Agrectnent, nor shall Provider assign any right or sub-contract any of tile responsibility granted or required by this Agreement, Nvithol't the prior writterl approval of the County. ISIJ�1111(1111CTIJMS 1. hlynLeni: T'he County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. "I'lie arnount to be paid by the COUIlty shall not exceed two hundred dollars, ( 00)!. Payment shall be made witilin thirty (30) days of an invoice properly submitted to (lowity. Should Provider fail to perfiorlll, its duties under the ternis of this Agreement, County may, withoLit F,,,lult or penalty, withhold any payinent associated with the work to be performed until sticil tirne as said work is connpleted. 1 . raiance by Provider of ally wgiyel-,: Failure by County �it any tinie to rcquire (Ile perfo or of the provisions hereof shall in no way waive or� affect tile County's right hereunder' to enforce tile, sarne, 11 shall any waiver by the County ofarly breach be held to be a Waiver of any succeeding breach or a waiver of' this Non-Waiver Clause, j!jdqjp ,nt Contractor: ]'he Provider shall operate as all independent contractor, and the -q& Contractor: ..... -.— 'rhe Provider shall not be treated Comity shall not be responsible for any of thellrovider's acts or ornissions, as all eniployee With respect to the Set vices pea forined hereunder for federal or state tax, till el"Pi OY"Ic"t Or workers' compensation purr poses The Provider under stands that neither federal, nor tlparoll tof any kind shall be withheld or paid by, the County oil behalf of the Provider or the empls of �Jle Provider. 4. jggt Beaty. The Provider agrees, without lijillitation, to defend, indemnify, and hold hatinless Orange . County fi -oln g1111 losses, liabilities, claims,, del"ancls, suits, costs, damages or expenses (inclUding reasonable attorney's fees) arishlig from bodily injittry, illClUdirIg death, to arly persoll or persons or dantage to Revised 10/17 (Mgt, app v A 6/18) dept rcqtijest 9/26/19 tile part of the Provider it) calTying out Provider's duties and obligations related to ttle Services to be provided in this Agreernent. terminated at any tirne by mutual written agreement of 5. jprqj�qgt�Qjj: I Itis, Agreement may be viden% County may suspend tbis Agreement upon the parties or, by the County upon written notice to tile Pro reasonable notice to Provider, 6, and Slgjjaqj�j ��: rhe paiiie,s have, read this Agreement and agree to be bound by all of its terms, and farther agree that it corlStitAltes the complete and exclusive statement of the Agreement between the parties unless and tintil modified it, writing and signed by the parties. Modifications lefacsirnile siguaturc. This Agreement together with any amendments or may be evidenced by te electronic signatures affixed hereto evidence the consent modifications may' be executed electronically, All el -ticle I I A and tures and tile intent of the parties to colliply with At of tile Parties to Litilize e' lectronic sIgna Article 40 of North Carolina General Statute Chapter 66,. Both parties agree that this Agreement shall be governed by e if ty Provider shall at all times remain ill compliance the laws of tile State of North Carolina and Orang Cot, I ', state with all applicable local, state, and federal laws, , rules, and regulations including but not limited to all and federal anti-discrimination laws,, policies,, rules, and regulations and the Orange County Non- 'Discrimination Policy and oraugc County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at jasit di Js My violation of this requirement is a breach of this Agreement and Covinty may unniediately tel-millate this Agreement wit] 0 t further obligation oil the part of tile COU"ItY. This paragraph is not intended to, litnit and does not limit tile definition ofbreach 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 ursuailit to G.S. 147-86. 5,8. By executilig this Agreement Provider certifies that by the State Treasurer p as not utilized the services of any agent or subcoi,itractor identified, on Provider has, not been identified, and h ing thils Agreement provider the list created by the State Treasurer PLINUant to G-S, 147-86.81 By execut affirms Provider is and shall. remain in compliance with, Article 2 of' Chapter 64 of the NOfth Carolina General Statutes. in determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, tile terms herein shall have priority in any conflict between the terms of referenced docurnents art(] the terms, of this Agreement. e,.,qjLq[q may initiate binding -arbitration. Any disputes shall be Neither party iation fails either party may initiate litigation tO resol,ve tile resolved by nonbinding mediation, if such rned ute involving tile terms, of this Agreement dispute. Should either Party initiate litigatiou to settle any disp such litigation shall be initiated in the General Court of justice of North Carolina seated in OrangeCOUDIY, Milli Carolina. Nqjj afy.).jj: Provider acknowledges that County is a governmental critity, and the 9; iding under the authority of its statutory — bility of public too validity of this Agreement is based Llpoll the availa unt mandate. , h,j tile event that public funds are Unavailable and not appropriated for tile performance of Co Y s lept shall autc)rnatically expire Without penalty to County obligations under this Agreement, then this Agreen , and non-appropriation ot'public funds. immediately upon written notice to Provider of the unavailability IN WITNESS WHEREOF, 01-allge County and tile Provider have signed this Agreelnent, effective as of the day first written above, PROVID ER X7 O.F�ANGE COUNTY ... . ........ BY: By _ . . .... .. -/nfl . 7 Revised 10/17 (Mgr BPPPv AN18) dept request 9)26118 2 Departtyient, Director 200 S, Cameroll St, P .0, Box 8 181 Flillsborougli, NC 27278 Revised 10M (mgr xjjjpry 5k ON) dept re,(pest 9/26/18