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Home My WebLink About2018-648 OCPT - Lorita Davis driver contract[De ) TITLE • Public Transportation IFY 2�018-20119 ORANGE Col,j-Nr.ry OCYTDRIVER CONTRACT UNDER $5,fl0f -00 NORTI-1 CAROLINA TINS AGREEMENr, made and entered into this 'I'wenty-niath day of September, 2018, (111'Yfestive Date") by and between Orange County, Nodh Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (tile "(,ounty"), party of the first part; and I.,orita Davis (tile "Provider"), party of the second part, For the purpose and subject to the tcrilis and eonditions hereinafter set forth, the County hereby contracts for tile services Of the Provider, and the provider agrees to provide the following services to the County in accordance with tile tornis of this Agreement, time being of the essence: 'file services and/or materials and/or construction, referred to collectively as "SelAfices' ) to be Itirnished under this Agreernent are as follows: Provide serves as a driver to the Citizens of 01-fluge. County at a rate of $201 per hour, 'File tcrill Of this aSqeeryient rendered shall be From 09/29/2018 to 7/3 1/2019. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professiolial and timely manner to tile satisfaction of the County. Provider shall be responsible for all errors or omissions, ill tile performance of the Agreement. Provider shall correct any and all errors, onlissions, discrepancies, ambiguities, mistakes or conflicts at no additional east to tile CoUnty, Provider agrees that Provider shall not Alb-contract any of the services to be provided in this Agreement, nor shall Provider assign any right Or responsibility granted or required by this Agreenient, without the prior written approval of the CoUnty. SPEOFIC TEI RM I led for Services sa(isfactorily R4Yjjj : "File County agrees to pay at the rates specif performed in accord with this Agreement. The anioui,it to be paid by the County shall riot exceed two hundred dollars, 02010). payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, COUnty Illay, without farilt or penalty, withhold aiiy payment associated with the work to be performed until sucil tinic, as said work is completed. I Nqp— ai (�r Failure by County at. aily tinic to require the perforniance by Provider of any —Y- Ps right hereunder to enforce the sarne, nor of tile provisions hereof shall in no way waive or affect tile County shall any waiver by flie, County of any breach be field to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. I Ind IL �q!!-Qontraetol-: The Provider shall operate as an indclierident contractor, and (lie County shall riot be responsible for any of the Provider's acts or oniissions. 'I'lle Provider shall riot be treated as an employee with respect to tile Services performed lierClAnder for federal or state tax, unemployment or workers" conipensation I)IIII)OSCS. 'Fhe Provider Understands that neither Federal, nor state, nor payroll tax Of any kind shall be Nvithheld Or Paid by tile County on behalf of the Provider or the employees Of tile Provider. 4� fLjdq!Lgj4y: '['he Provider agrees, Without lilflitati011, to defend, indClIlDify, and hold harmless orailge (,ounty From all losses, liabilities, clairns, deniatids, suits, costs, damages oi- expenses (including reasonable attorney's fees) arisilig from bodily injury,, including death, to: any person or persons or damage to Revised 10/17 (Mgr appry 5k 6/18) dept req1 ueq 9/26118 duties and obligations related to tile Service', to be tile part of the Piovider in carrying out Provider's d provided in dots Aj,'7,eellient. 5. yerrili too : This Agreement may be terminated at any time by rnutual written agreement Of 111-1-11A-,i 11 1 spend t1lis Agreement upon Ity upon written y the parties or by the Cour""' n notice to the Provider. Count may SLI reasonable notice to Providen, 6. L�,qtLrq_ Agj!Leq nt—k!Lld--SiVt,MM . ']'he pailics have read this Agreement and agree to be bound by .. all of its terms, and forther agree that it constitutes tile complete, and exclusive statement of the Agreement between the parties unless and until niodified in writing and signed by tile parties. Modif.icatrorrs This Agreement together with any amendments or may be evidenced: by telefacsimile signature. ectronic sigilatures affixed hereto evidence the collserit modifications may be executed electronically. All el of tile pal-ties to utilize electronic signatures and the intent of the parties to coulply with Article I IA and Article 40: of North Carolina General Statute Chapter 66• T Qgy Both parties agree that this Agreement shall be governed by a -nain irl collipliance tile laws of tile State of North Carolina and Orange County. Provider shall at,, It times rei with all applicable local, state, and fledcral laws, rules, and regulations including but not limited to all state and federal anti-discriniination, laws, policies, rules, and regulations, and the Orange County Non- E)iscrimirlation Policy all(,[ Orange COLInty Living Wage Policy (each policy is incorporated herein by reference and may be viewed I at Alvisio /Coatiqlcts p). Any violation cd this and County ri-tay immediately terminate this Agreement witho it requirenicnt is a breach of this Agreement raph is not intended to litnit and does not linlit the further obligation oil the part of tile County. 'j "his parag nt Provider certifies that Provider has not definition of breach to discrimination, By executing; this Agreerne root utilized the services of any agent or subcontractor identified, oil the list created been identified, atid has D e I by the State Treasurer pursuant to (i r. S. 147-86.5 8. By executing this AgMeMent Provider certifies that Provider has not been identified, and has not utilized the service,,, of any agent or • subcontractor identified, on the list created by the State Treasurer pursuant to G-S. 147-M8L By executing this Agreement Provider affirms Provider is and shall remain in coinpliance with Article 2 of Chapter 64 of the North Carolina be provided, should any documents be referenced in or General Statutes. In determining the basic services to onflict between tile terms of attached to this Agreement, tile terms herein shall have priority in any c referenced documents and the terms orthis Agreement. 8. p r Y rt em l solpticrr r., Neither party may initiate binding arbitration, Any disputes shall be If such mediation rails either party tnay initiate litigation to 1•esolve tl!ie resolved by notibinding mediation, settle any dispute involving tile terms of this Agreel"ent, diSpLite, Marty initiate, litigation to se ange County, ,,ilould either pat (jencral Court of Justice of North Carolina Seated in 01, such litigation shall be initiated in the North Carolina. Provider acknowledges that, County is a governmental entity, arld tyre - 9. NR4-AP-I!rQP1 *400": P a validity of this Agreement is based upon the availability of public funding under the aLlth0ritY Of its Stt to y 11landate. In tile event that pilblic, funds are unavailable and not appropriated for. the perforl-flance of County's obligations under this Aiireeinent, then this Agreement shall aLltornatically expire without Penalty to COLulty inunediately Up011 ww qitte[ . I notice to Provider of the unavailability and non-appropriation of public fulick IN wrrNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By� ... . . . . ..... . .. . . ........ Revised 10/17 (Mgr nppry A eti118) dept request 9126/18 M PROVIDER By: I- )ep,,jament Director 200 S, Canicrou St. P,O, Box 8181 1 jllsborough, NC 27278 Revised 10M (Mgr apprvSk 6/18) dept rty cst9/26118 Title: