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Home My WebLink About2018-650 OCPT - Nicholas Gattis driver contracttDepartmental Use Only] TITLE OC Public Transportation FY 20 8-2019 ORANGE COUNTY OCPT DRIVER C"ONTRACTUNDER $5,0010.00 NORTH CAROLINA THIS AGMEEMENT, made and entered into this Tweilty-ninth day of September, 2018, ("Effective Date") by and between Orange County, North C'arolina, a body politic and corporate organized Under the laws of"the State of North Carolina, (the "County"), party of the first part; and Nicholas Gattis (the "Provider"), paity of tile second part,; W I T N E S SE T ft: For the Purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts 'For the services of the Provider, and the Provider agrees to provide the following services to tile County in accordance with the tennis of this Agi-ecrilent, tirne being of the essence: 'file services and/or niaterials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide serves as a driver to tile Citizens of Orange County at a rate of $20 per. hour. 'File terra of this agreement rendered shall be fi-onl 09/29/2018 to 7/31/2019. Provider represents and agrees that ,Provider is qualified to perform and fully capable of perlorming and providing the services required or necessary under this Agi-cenient fil a fully competent, professional and timely manner to the satisfaction Of the U)Lulty. Provider shall be responsible for all errors 01' omissions, In the performance of tile Agreement, Provider shall correct any and all errors, omissions, discrepancles, ambiguities, mistakes, or conflicts at no additional COSt to tile County. Provider agrees that Provider shall not 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 Agteement, without the prior written approval of the County. SPECI-FIC TERMS I, Pay—ni r t: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement, The amount to be paid by the County shall not exceed two hundred dollars, ($200:). Payment shall be iliade witkin thirty ('10) days of an invoice properly submitted to County, Should Provider fai . I to perforin its duties Linder the terrors of this, Agreernent, County nlay, without fault: or penalty„ withhold any payment associated with the work to be performcd Until such time as said:, work is completed. 2. Non—waiver. Failtire by County at any time to require the perfc)rmance by Provider of ally of tile f)rovisions hereof shall in no way waive or affect the County's right herelinder to enforce the same, not. shall' any waiver by the County of any breach be held to be a waiver of any succeeding breach or a Waiver of this Non-Waiver Clause, 1 It d N%t litractor: The Provider shall operate as an independent contractor, and the County sha II not be respons ible For any of thel?rovider's acts or omissions. The Provider shall not be treated as alr employee with respect to the Services performed hereunder for federal or state tax, Unemployrnetit or workers' compensation purl)oscs. 'file Provider understands that neither federal, nor state, not- payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider- or the employees of tile Pr(wider. 4. tilde q..rty : The Provider agrees, without limitation, to defend indernnify and hold harniless Orangxc County ftom all losses, liabilities, claims, demands, stilts, costs, darnages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to Revised 10/ 17 (Mgr appry 5k 6/18) dept request W26/ 18 1 the part of' tile provider in carrying out Provider's duties and obligations related to tile Services to be provided in this Agreement, 5. j:qM4 anion : This Agreement may be terminated at any time by mutual written agreement of the parties or by tile County upon written notice to tile Provider. County may suspend this Agreement upoll reasonable notice to Provider. -eenlent and agree to be 6 k—',olk!�-An�' iq�A!W_ .ntqrq,�: The patties have read this Agi bound by all of its terms, and Further agree that it CO[IStitUtes tile complete and exclusive statement of tile ,Agreement between the parties unless and until inodified in writing and signed by the parties, Modifications may be evidenced by telcfacsi ril i le signature. This Agreement together with array arrieridnients or modifications rilay be executed eiectronically, All electronic signatures affixed hereto evidence tile consent of the ["at-ties to litili7-0 electronic signatures and the iriterit of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. . t -ties agree that this Agreenlen( shall be governed by 7. Q'py,e I'D i 1& PLoXjLy_,, Both pat 4 the laws of tire State of North Carolina a nd Orange County. Provider shall at all films remain in compliance with all applicable loical, state, and federal laws, rules, and regulations including but riot limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Norl- Discrimination Policy and Orangc COMAY Living Wage policy (edlcjl policy is incorporated herein by reference and nlay be viewed "It gg ontra s. Any violation Of this I)win divisiltl/c. . .... requirement is a breach of this, Agreement and COUDty may kninediately terminate this Agreement without Further obligation oil tile part Of the County, This paragraph is not intended to limit and does not limit tile definitiort of breach to discrinlination. By executing this Agreement Provider certifies that Provider has not been identified, and has riot utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G. S. 147-86J8. By executing this Agreement Provider certil'ies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to GS, 147-86.81, By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes, in determining the basic services to be provided, should any documents be referenced in of attached to this Agreement, tile terms herein shall have priority in any conflict between tile terms of referenced doeuillents and the terms ofthis Agreement ution: Neither party may initiate binding arbitration, Any disputes shall be resolved by nonbinding; mediation, 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 Glelreral (",ourt of Justice of North Carolina seated in Orange County, North Carolina, I vider acknowledges that County is a governmental entity, and the 9 N Pro validity of this Agreement is based upon the availability ol'public funding under tile -ity of its statutory mandate, in the event that public funds are, unavailable and not appropriated for the perforniatice, of COIRAY's obligati OnS Under this Agreement, then this Agreement shall automatically expire withoUt PellaltY W C01,111ty immediately Upon written notice to Provider of the unavailability and non-appropriation of'public rands, IN WITNESS WHEREOF, Grange County and the Provider have si&mcd this Agreenlent, effective as of tile day hrst written above. ORANGE COUNTY 14 By: Revised B 0117 (Nigr appry Sk 6/18) dept request 9/26/ 18 PROVIDER By: __ a_1 Department Directar 200 S, Can:ieron St P,O. Box 818 1 [,jjjjsborougl,i,NC 27278 lk,evise(t 10/17 (Mp, appry 5k, 6/18), dept requcst 9/26118