The URL can be used to link to this page

Home My WebLink About2018-649 OCPT - Natasha Mitchell driver contract[Departmental Use Only] TITLE OC Public Transportation FY 2018-2019 ORANGE COUNTY ocpr DRIVER, CONTRAC'I' UNDER $5,,00().00 NORI'll CAROLINA 11,115 AGREEMEMY, rnadc and entered intea this 'j'wenty-ninth day of September, 2018, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws ofthe State of North Carolina, (the "County"), party' Of tile first part; and Natasha Mitchell (the "Provider"), party of the second paa; W Fr N E, S S,E'171t: For the purpose and subject to the tell'us and conditions hereinafter set j�arflj, tile County hereby contracts for the services of the Provider, and the Provider agrees to provide tile following services to tile (,ouylty in accordance with the ternis of this Agreenient, title being of the essence: 'I'lle services and/or 11:jzjterials iind/or constrlldi011 (hereinafter referred to collectively as "Services") to be furnished undet- this Agreement are as followsy Provide serves as a driver to the Citizel,is of Orange County at a rate of $20 per hour. The term of this agreernent rendered shalli be froni 09/29/2018 to 7/31/2019. Provider represents and agrees that Provider is qualified to perform and fully capable of pct -forruilig and Providing the services required or necessary under this Agreement in a fully competent, professional and 61nely manner to the satisfileti011 Of tile (,lounty. Provider shall be responsible 1"or, all errors or omissions, in the perforniance of the Agreetnent, Provider shall correct any and all errors, ornissions discrepancies, arnbiguities, rnistakes, or conflicts at no additional cost to tile County. Provider agrees that Provider shall area sub-contract any of the services to be provided in this Agreement', nor sliall Provider assign any right or responsibility granted or required by this Agreeftlent, without the pr -ior written approval of the County. SPECIFIC —TE'RMS I p , pccified for Services satisfacto"HY qygjqq: The County agrees to pay at the rates s perfornied in accord with this Agreenient, The arniount to be paid by the County shall not exceed two 111undred dollars, ($200), Paynient shall be made within thirty (30,) days of an invoice properly subn'litted to County, Should Provider Fail to perforrn its duties under the tej•jjjs of this Agreeinent, COUDty inay, without fault 01' penalty, withhold any payruent associated with the work to be performed until such time as said work is Mnplcted, 1 M2A.111.-wva iv—er: uailure by Courity at any titne to require the perforruance by Provider of any of flic provisions, hereof sh�fl I it, no way waive at- afTect the County's right hereunder to enforce the satire, nor ,eeding breach or a waiver of sliall, any waiver by the COUnty of any breach be held to be a waiver of any suce this Non-Waiver Clause, , 3 1pd Lt,-Qq!9ractor- "rhe Provider shall operate as art independent contractor, and the The Provider shall not be treated Courity shall not be responsible for ally of the Provider's acts orol"issions. as all c,111ployee witli respect to the Services pei4bri-ned hereunder for federal or state tax, uneinployrnent or workers' cornpensation PL11-l)0Scs. 'I'l,le Provider understands that neither federal, nor state, nor payroll tax Of ld or paid by the County on behalf or the Provider ot the culployces of the Provider, any kind shall be withlic 4� jp�jqq)ni�y� T'he Provider agreesovilhouit lillliWti0n, to defend, indemnify, and hold harmless (.)!range County fi-orn all lOsses, liabilities, clain,is, dernands, suits, costs, damages or expenses (including reasonable attorney's Fees) arising frorn bodily irgjlury, including death, to any person or persons at- darnage to Ro6sed 10/17 (Mgr appiry 5k 6/18) dept request 9/26/18 the )art ()f the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 5� 1'er ion: 'f Iris Agi-eennent may be terminated at, any time by mutual written agreenleilt of _-.- _in . .......... the parties or by the C'o-untY UPon written notice to the Provider, COUnty may suspend this Agreement 11poll reasonable notice to Provider. ignatures: The parties have read this Agreement and agree to be -61� E a t if� Jve statement of tile bound by all of its terins, and further agree that it constitutes tile c0l"Plete and exclusive Agreement between the parties unless and until modified in writing and signed by the Parties, Modifications may be evidenced by teleficsimile signature, 'I'llis Agreerrient together with any amendments or modifications may be exeCLIted electronically, All electronic signatures affixed hereto evidence the consent o 17 the Parties to utilize electronic signatures and the intent of the parties to comply with Article I I A and Article 40: of North Carolina Genera I Statute Chapter, 66. T QL)Yq.mi.D1L �YALA.jlriofily: Both parties agree that this Agreenlent shall be governed by the laws ofthe State o�f North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, al)(1 federal laws, rules, and regulations including hurt I,(,)( limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange Connty Non- Discrimination Policy and Orange Cotinty L,iving Wage Policy (each Policy is incorporated herein by reference and may "i be viewed at jjVjSiOD-/CmU1Ct�,, to �p.). Any violation Of this requirernent is a breach of this Agreement and COUTIty may immediately terminate this Agreement WithoUt foolier obligation on the part of the County. This paragraph is not intended to limit, and does not limit the definition of [)reach to discriminatiom By executing this Agreement Provider certifies that Provider has not been identified, and has 110t Utilized the services of any agent Or subcontractor identified, on the list created by the State Trcasurer pursuant to &S, 147-86J8. By executing this Agreement Provider certifies that Provider has not been identified, and has lot utilized the services of arty agent of subcontractor identified, oil the list created by the State Treasurer pursuant to GS. 147-86.8 1 , By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina (.3encral Statutes, In determining the basic services to be provided, should any documents be refereileed in or attached to this Agreement, the terms herein shark[ 11ave priority in any conflict between the terms of refierenced documents and tile terms oaf f this Agreement. 8. L)is)rjte 1�,qsol�qfiL Neither party may initiate binding arbitration, Any disputes shall be I I- --- on fails either Party may initiate litigation to resolve tile resolved by noribinding mediation. if such rnediati dispute, Should either party initiate litigation tua settle any dispute involving the terns of this Agreement io .1 SUCh litigat . n steal I be initiated in tl-je General, Court of Justice of Nor(h Carolina seated in Orange County, North Carolina, 9, Non AMqp 911: Provider acknowledges that County is a governmental entity, and the validity ofthis Agreement is biased upon tile availability of public funding under the authority of its Statutory mandate. In the event that public funds are unavailable and not appropriated for the perfornla rice of' County's obligations under this Agreeirient, then this Agreement shall autonlatically expire without penalty to COuutY hn,mediately upon written notice to Provider of the utiavailability and non-appropriation of put blicfunds. YN W[TNESS WITEREOF, Orange County and tile Provider have signed this Agreement, effective, as ofthe day first written above, ORANGE COU�NTY By: Rcvked 10/17 (Mg appry 5k 6/18) dept t requot 912W 18 N PROWDER By: Depaitment Director 204 S, Canicroil St. P.O. Box 818 1 Flillsborough, NC 27278 Revised 10/17(N4griilipry5kO`/1 8)1(lepti,c<lticst<)/26/18