The URL can be used to link to this page

Home My WebLink About2018-646 OCPT - Kimberly Gattis driver contract[Departmental Use Only] TITLE OC Pubilic Transportation FY 2018-2019 ORANGE COUN'I'Y OCTIT DRIVER CONTRAcr 1 NDE.11 $511000-00 NORTH CAROLINA TMS A(Y'.RFEMFN,r, made and entered into this Twenty-ninth day of' Septerilber, 2018', ("Effective Date") by and between Orange County, North C,'arolina, a, body politic and corporate or-, ganized under the laws of tile State of North Carolina, (tile "COMIty"), Party Of the first part; and Kimberly Gattis (tile "Provider"), party of second par-t-, W IT N E S S'ETfl: For the purpose arid subJect to the tenns and conditions hereinafter set. f'orth, tile (,Ounty hereby contracts for tile services Of the Provider, and the Provider agrees to provide the following services to the County in accojdaucc with tile terms ofthis Agreement, finle being of essence: ,rtle set-vices mid/or materials and/or constrUdiCM (hereinafter referred to collectively as "Services") to be ffirtlished tinder this Agreement are as follows: Provide serves as a driver to tile Citizeris of Orange County at a rate of $20 per IlOLlr. 'File term Of this agr-eefllCut VC11diered shall be front O /29/20118 to 713 1/2019. Provider represents and agrees that Provider is qlialified to perforni and fully capable Of perfOrMing and providing the services required or necessary under this Agreement in a frilly competent, professional and timely nianner to the satisfactioll of tile Coirrity. Provider shall be responsible for all errors or omissions, iii the performance of the Agreemerit. Provider shall correct any and all errors,.omissious, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the CoUnty. Provider agrees that Provider shall not stib-contract any of the services to be provided in this A&pvcrnent, raor. shall Provider assign ally right, 01' responsibility granted or required by this Agreettlent, without the prior written approval of tile County. S1TCJ.FjL�r_FRN1,S P43.1111 it: ylle County agrees to pay at tile rates specified for Services satisfactorily perf'orined in accord with this Agi-eement, The amotint to be paid by (lie Comity shall not exceed two hundred dollars, ($200). Payment shall be tirade withill thirty (30) days of an invoice property Slibillitted to Cot.,lity, Shotild Provider fail to per-ftirm its duties under tile terms, of this Agreement Coraity may, without ,fail It or penalty, withhold ally payment associated with the work to be performed until such tiline as said work is completed. 2. Npij---vyaiver'- Failure by (,'OLlnty at any, time to require the performance by Provider of my ct dire Cotuity',% right hereunder to enforce; the sarrie, nor of tile provisions hereof shall ill llo way waive or affe shall any waiver by the Comity of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. tp&jj��qrj jjt,QpLj[t�actor: The Provider shall Operate as an iudependent contractor, and tile County shall . .. . riot be responsible to]° ally of the Provider's acts or ornissions. The Provider shall riot be treated as all employee with respect to tile services performed hereunder for federal or state tax, unernPlOYment Or warke rs' coilipensatio 1,1 purposes. The Provider under stands that neither federal, not- state, riot, payroll tai of` any kind shall be withheld oi- paid by the County oil behalfol'the Provider- or the eillploYees Of tile Provider. 4, l! �oMjjjjy: 'I'lle Provider agrees, without linlitatioll, to defend ,,indertillify, and hold hatinless Orange County fi-oll, all losses, liabilities, clainis, demands, suits, costs, darn ages Or expenses (inchiding reasonable attorney's fees) arising front bodily injury, including death, to any person or persons or darriage to jecvu,,,c(j 10/1'7 (NAgrap1m S,k 6118) dept rcquest 9126/18 the part of the Provider in carrying out Provider's duties, and obligations related to the Services to be provided in this Agreement. S. Terminati n: 'rhis Agreement may be terminated at any tinic by inutual written agreement of the parties or by the County UPOR written notice to the Provider. Comity may suspend this Agreement LIP011 reasonable notice to Provider. 6. F�njipq"A !� — qerneilL. Sig Lines: 17he parties have read this Agreement and agree to be -P!I(L,L bOUnd by all of its ternis, and further agree that it constitirtes the coirilplete and exclusive staternellt of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by teleflacsirnile signature. TI'ds Agreement topither with any atuendments or modifications snay be executed electronically. All electronic signatures affixed hereto evidence the consent of tlie Parties to utilize electronic signatures and the intent of (lie parties to comply with Article I LA and Article 40 of North Carolina General Statute Chapter 66. 9 1 it 7. L_y- : - Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange C,ounty, Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal and-discrimination laws, policies, rules, and regulations and the Orange County Non. - Disc °imination Policy and Orange County I.Jving Wage policy (cacti policy is incorporated herein by reference and may be viewed at -a t jjj�p)� jILm2:L4V_)n c S Any violation of this requilirenICIlt is a breach of this Agreement and'! County niay inirnediately terininate this Agrecinent without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination, By executing this A'grceimnt Provider certifies that Provider has not been identified, and has not utilized the services cif` any agent Or subcontractor identified, on the list, created by the State Treasurer pUrSLIant to CY-S, 147-86.58, By executing this Agreement Provider certifies that Provider has not been identified, and has ]'lot utilized the set-vices of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G , 147-86.81, By CXCCUtiIIg this Agrcement Provider affirais Provider is and shall remain in compliance with Article 2 of Chapter 64 Of the North Carolina General Statutes. hi determining the basic services to, be provided, should any documents be referenced in or attached to this Agreemetit, the terms herein shall have priority in carry conflict between the terms of referenced documents and the terms of this Agreement. 8. .1 I N)jIt, . Neither party may initiate binding arbitration. Any disputes shall be resolved — by nonbi nding, niedialio r . i if such mediation Fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle, any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of" Justice of North Carolina seated in Oran, e County, North Carolina. 9 Ngii Apprqp iqtJ..q..n.: Provider acknowledges 'that COUnty is a governniental entity, and the validity of this Agreement is based upon the availability Of J)Ublic funding under the authority of its statutory inarldate, in the event that public funds are unavailable and not appropriated ft.,r)r the performance of County's obligations, wider this Agreemetit, then this Agreement shall automatically expire without penalty to C"Ounty immediately upon written notice to Provider Of tile Linavailabilit-y and non-appropriation; of'public ftinds. M WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as ofthe day first written above. OR,AN(-V'E COUNTY By: 77; .................... . . . . .......... . ............. RLviscd 10/17 CMgr appry 5�k 0 8) dept request 9/26/18 PROVIDER Y. . .. . ...... 2 Department Director "ritle: 200 S, Cameron St. P.O, Box 8181 Hi Its boro Llpjil, NC 27278 Revised 10/17 (Mgrappry 5k 6/18) dept recluest W26/1 8