HomeMy WebLinkAbout2018-651 OCPT - Regina Graham driver contractORANGE COUNTY
OCPT DRIVER C*ONTRACI UNDER $5,000-00
NORTH CAROLINA
THIS A(.,,REEMENT, !made and entered into dais 'I"wenty-ninth day of September, 2018,
("Elffective Date") by and between Orange County, North Carolina, a body politic and corporate organized
under the laws of the State of North Carolitta, (tile "(..:OWAY"), Party of the firs( part; and Regina Graharn (the
"Provider"), party of tile second part; W I TN E S S E T.11:
For tile purpose alld subiect to tile terms and conditions hereinafter set forth, the County hereby
contracts For the services cif the . Provider, and the Ir"rovider agrees to provide the followilig services to tile
C.'ounty in accordance with the terms of this Agrecn�ent, time being or the essence:
The services and/or 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 tile Citizer's of Orange
(.,'ounty at a rate of $20 per hour '.
`Fhe term of this agreement rendered shall be from 09/29/2018 to 7/31/2Cl19.
Provider represents all(] agrees that Provider is qualified to perform and Fully capable ol"peilornling arid
Providing the services required or necessary tinder this, Agreeillent in a rLIlly competent, prol.�essional aild
timely nlanner to tile satisfaction of the Connty. Provider shall be responsible: For all errors, or omissions, ill
the performance of the Agreement, Provider shall correct any and all error's, otnissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of tile set-vices to be provided in this Agreernent, nor shall Provider assign all), right or
responsibility granted or required by this Agreement, WithOUt the prior, written approval of" the: COLHItY.
SPECIFIC TERMS
1. Paylpe L j,: The County agrees to pay at the rates specified for Services satisfactorily
perfornled in accord with this Agreement, nic artiount to be paid by the County shall not exceed two
hundred dollars, ($200). Payment sliall Jje made within thirty (30): days of,,,,, invoice properly submitted to
County. Should Provider fail to perform its duties under the terms of this Agreement, County rnay, without
filillt or penalty, withhold any payment associated with the work to be pet-R)rmed until such finte as said work
is completed.
1 Non --waiver-, Failure by County at any time to require the perforniance by P•owide• of arly
of the provisions hereof` shall in no way, waive or affect the County's right hereunder to enforce the same, nor
shall any waiver by tile County of any breach be held to be a waiver of any succeeding breach or a waiver of
this Non-Waiver C'hlusc,
3 a hie 'end en Contractor: 'I'lle Provider shall operate as all independent contractor, Lind tile
coLinty shall not. lie responsible for any of the Provider's acts or omissions. Tile Provider shall not be treated
as an ernployee with respect to the Service.s, perflonned hereunder 1'or federal or state WX, Lill 01111) 10YRICIlt or
workers' compensation puri)oses, The Provider Underst ands that neither Federal, not, state, nor payroll tax of
any kind shall be withlicid or paid by the Couqy ott behalf of the Provider or the ernployees of tile Provide".
4. _tjify: The Provider agrees, WithOUt htnitation, to defend, indemnify, and hold harmless
(including
Orange C(Milty front all losses, liabilities, claims, demands, suits, costs, damages or expenses
reasonable attorney's fees) arising front bodily iiijury, including death, to any person or persons or datill,19C to
Revised 10/17 (Mgr appry A (.i/t8) dept requcst9/20/18 I
the part of the Provider in, carrying out Provider's duties and obligations related to the Services to be
provided ill this Aj.'n-ect'llent,
nient may be terminated at any time by Illuttlat written agreement of
5. i 11:'rhis Agree
TL 11oliceto the Providen County may suspend this Agreement UP011
the parties or by tile County uPQrI Written
reasonable tjotice to Providen
le parties have read this Agreement atid agree to be
-titutes tile cornplete and exclusive statclmnt Of tile
boutld by all oil' its terms, allcl further agree that it cons 11
Agreement between the parties unless and until niodified in writing and signed by the parties. Modifieatio s
pray be evidenced by teleflicsinlile signature, 'I'his Agreelljorlt. together with any amendments or
modifications may be executed electron . ically, All electronic signatures affixed hereto evidence tile consent
Of the Patties to, UtiliZe, electronic signatures and the intent of tbe parties to con1ply with Article I IA and
Article 40 of North Carolina General Statute Chapter 66.
aftics agree drat this Agreement shall be goveriled by
Both p
7. 1 . id Orarige CoulltY� Provider shail at all tirnes remain it, con"Pliance
the laws of tile State of North Carolina a (a C
with all applicable local, state, and federal laws, rules, alld regulations including but not limited, to all S t
and federal anti-discriminatioll laws, poliCiCS, I-Liles, and regulations and tile orange County Non-
unt Living Wage Poliey (each policy is incorporated herein by
Diserunination Policy and Orange CO Y be viewed at
ret"Crellee and may k� tgj�t�jj ati011 Of this
jl i viol,
iately terillinate this Agreement without
requirement is a breach of this Agreement and County rilay ujimed mit and does not limit tile
further obligation on the part of tile County. This paragraph. is not intended to li
I t Provider ccrtifites that Provider has not
definition of breach to discrimination. By executing this Agreemel
a -1 1 subcontVarctOr identified, oil tile list ereated
b�een idcritified, and has lot utilized the services Of IV I gel't o - ment Provider certifies t1lat
by the State 'Freasurer PLlysuarit to G,S. 147-86.% By exeeuting this Agree subeontil"IctOr identified, Oil
Provider has not been identified, and has not Utilized tile services of any agent or`
tile list created by the State Treasurer pursuant to G.S, 147-86.81, By executing this Agreement Provider
affirms I)•ovider is and shall remain ill compliance vvitk Article 2 of Chapter 64 of tile N"orth Carolina
I-tilining tile basic services to be provided, should any documents be referenced in or
Cieneral Statute In dete
attached to this Agreement, the terms herein shall have priority in any co 11fliet between the ternis of
referenced documents and the terills of this Agreement
I ly itl:itiate binding arbitratiorl� Any disputes shall be
,�g�5 ion: Neither party Ill, t c
such mediation fails cither party may initiate litigation to resolve li
resolved by noribinding rnediatiom If Pute involvilIg the tel-Ins of this AgFeellietit
dispute, Should either party initiate litigation to settle any dis till
such jitig�jqjorj shall be initiated ill the ('1,01leral C,,()ul:.t of Justice of North Carolina seated in Orange CO V,
North Carolina.
Provider acknowledges that County is a governinental entity, and the
ent is based npon the availabty of publiefunding under tile authority of its statutory
validity of this Agreem, s are unavailable all(] not appropriated for the perforinallce of (-"O"llty's
mandate, in tile event that public fund Inatically expire Nvitliout penalty to County
obligations under this Agreement, tile" this Agreement shall auto -ia.tion of public funds.
innnediately I,pon written notice to Provider Of the unavailability arid noil-appropi
IN WITNESS WIIF,'R'E0F, ()range County all(] tile Provider have signed this Agreement, effective
as of the day first written above,
0'."NG 0UNTY
Revised M II (M9F aPP" 5k rill 8) dept reqLiest 9/26/18
PRO DER
By;
2
Departnielit L)irectar
20:0 S, Cameron St.
P,O. Box 8181
ilillsborough, NC 27278
Reviwd 10117 (MeVappry Sk 6/18) dept relklCM 9/26118,
Title:
. . . ....... ... . . .... .....