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Home My WebLink About2018-652 OCPT - Shakill Mitchell driver contract[Departmental Use Only] TITLE OC P�ublic Trains IPortation FY 2018-20191 ORANGE C'OUNTY OCPT DRJVER CONTR.ACJ' JJNDER $5,000.00 NORI I TICAROLINA "THIS AGNEI",MUNT, is and entered into this Twenty-ninth day of September, 2018, ("F'A'ective Date") by and between Orange Cotinty, North Carolina, as body politic and: corporate organized under the laws of the State of North Carolina, (the "Cottnty"), party of the first part; and Shakill Mitchell ((Ile "Provider"), party of the second part; W I T NE S S E T R: For the purpose and SUbject to the terms aild conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreen'ient, thne being of the essence: J'he set-vices and/or materials and/or construction (hereinafter referred to collectively as "Services") to be fOrnished under this Agreement are as follows. Provide serves as a driver to the Citizens of Orange C',OLInty at a rate of $20 per hoin% "I'he term of this agreernent rendered shall be fi-oni 09/29/2018 to 7/31/2019. i 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 conipetent, professional and timely manner to the satisfaction of the Courity. Provider shall be resl)onsible lot- all errors or otnissions, in the perronnance of the Agreernent, Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County, Provider agrees that Provider shall not snb-contract any of the services to be provided in this Agreenlent, not- shall Provider assign any right or responsibility granted or required by this Agrcenient, withOUt tile prior written approval Ofthe County, S.UIECIFIC TE1,01S I PmLigmt: The Contity agrees to pay at the rates specified for Services satisfactorily perk)rnied in accord with this Agreement. The ainoutit, tdr be paid by the Cot-inty shall: not exceed two litindred dollars, ($200), Payment shall be tu:ade within thirty (30) days of an invoice properly submitted to Courity. Shokild Provider fail to perforni its duties under the terms of this Agreement, Comity may, withotit fault or penalty, withhold any payment associated with the work to be perforined until such time as said work is completed. -ovider ofany 2. Non--waiv r- FailUre by Couiilty at any fitne to require the perforniance by Pt of the provisions hereof shall in no wa,y waive or affect the County's right herentider to en'Force the sauna, nor shall any waiver by the County of any breach be held to be a waiver Ofany SUccemdiag breach or a waiver of this Non-Waiver Clause. 3. iw lad rid lgf C ontractor: The Provider shall operate as an independent cc)ntractor, and tile County shall not be responsible for any of the Provider's acts or omissions, "t "he Provider shall not be treated as an employee with respect to the Services perforined hereUridcr for federal or state tax, imemployment or workers' cotripensation pnrposes. The Provider Linderstands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalfof the Provider or the employees of the Provider. 4. filde,ninity: 'ne Provider agrees, without limitation, to defeild, indeninifyp and hold harmless Orange County from all losses, liabilities, claims, detuands, suits, costs, clarnages or expenses (inckiding rcasonablc attorney's fees) arising from bodfly in.jkiry, including death, to any person or persons or damage to Revised 10/17 (Mgr appn, 5k 0/18) dept request 9/26/18 1 the part of the Provider in carrying, out Provider's ditties and obligations related to the Services to be provided in this Agreement. 5. 'jg-millation: This Agreement may be terminated at any tirne by mutual written agreement of the parties or by the C,'Ounty upon written notice to the Provider, County may suspend this Agreement upon reasonable niotice to Provider. 6. Eat—k —AzL��Tpc!OL MKL j 1,1 ttr e, 'Fhe parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement oftlic Agreement between the parties Unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsinlile signature. This AgrCCITICDt tK,)gether with any amendments or niodifications may be executed elect'ronically. All electronic signatures affixed hereto evidence tile Consent of tile Parties to utilize electronic signatures and the intent of the parties to coniply with Article 1, 1 A and Article 40 oft" orth Carolina General Statute Chapter 66. T oy-cni.J.Dg LAw--mn—dpj.j.jty:1 Both parties agree that this Agreement shall be governed by the laws '(')f tile State of North Caro I i i�i a nand Orange County. Provider shall at all thlies; remain in CfDruplianCe ,, but not limited to all state with all applicable local, state, and federal laws, rules, and regulations including and federal anti-discriminatioll laws, policies, rules, and regulations and the Oraillge County Non- Discrimination Policy and Orange County I...,iving Wage Policy (each policy is incorporated herein by reference and may be v iewed at jljvisiollkolltrq��ji Ally violation of this requirement is a breach of this Agreement and C',ounty may immediately terminate this Agreenient without further obligation oil the Part Of tile County, J'his paragrapti is riot intended to limit and does not limit tile definition of breach to discrinlination, By executing this Agreenlent Provider certit'ies that Provider has riot been identified, and has not Litilized the services of any agent Or subcontractor identified, on tile list created by the State Treasurer pursuant, to G.S 147-86,58. By executing this Agreement Provider certifies that. Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, oil the list created by the State TlTaSffer pursuant to G,S. 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 tile basic services to be provided, should any doCUDlCnts be referenced in or attached to this Agrcenlent, the terms herein shall have priority in tiny conflict between the terms of referenced documents and the terms of this Agreement. on Neither patty may initiate binding arbitration, Any disputes shall be ........... ..... resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve tile dispute. Should either party initiate litigation to settle any dispute involving tile ternis of this Agreement such litigation shall be initiated in the General Court or.justice of North Carolina seated it Orange County, North Carolina. 9. NcLij_Ap .1i I e r( ri ition: Provider acknowledges that County is a. governmental entity, and t i validity of this Agreement is based upon the availability of public funding under the authority ()fits Statutory mandate. Ill the event that public funds are unavailable and not appropriated for the perforn-tance of County's obligations under this Agreement, then this Agreement shall automatically expire without Penalty to COL"ItY immediately upon written notice Cc.) Provider of the unavailability and non-appropriation of public funds. N WITNESS WHEREOF, Orange County and the Provider have signed thisAg-reernent, effective as of tile day first written above. ORANGE C0'11 NTY 13y: Revised 10/17 (Mgr appry A 6/18) dept request 9/26/18 N ]'ROVIDER , By: I . . ..... . . ...... t . ... . . ..... ......... . Title: J'I . ... .. ....... . ............ Department Director . .......... I 2010 S,. Canieron St. y0.3& 818,1 flilts borou ,CC 27278 Revind 10117 �5gr appry 5k 6/18) dcplt request9/26/18