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Home My WebLink About2018-654 OCPT - Valinda Pherribo driver contract [Departmienital Use Only], i TITLE CSC Public Transportation FY 201:8-2019 ORANGE OCI)TID12.11VER, CONTRA-A- CT UNDER$5,000-00 NORTH CAROLINA 1HIS AGREEMEW, made and entered into this 'rwenty-ninth day of September, 2018, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under tile laws of the State of'North Carolina, (the "COUnty"), party of the first part; and: Valinda Pherribo (tile "Provider"), party of the second part; W Fr N E S S F,T H- For tile Purpose and subject to the ternis and conditions hereinafter sear forth, the C'Ounty hereby contracts for the set-vices of tile Provider, and the Provider agrees to provide tile f6ilowing services to tile County iti accordatice with.the tennis of th is Agreenient,tillic being of the essence: The services and/'or materials and/or COJISITUCti011 (hereinafter referred to collectively as "Services") to be ffirnished, under this Agreeinent are as follows: Provide selves as a. driver to tile Citizens of Orange County at as rate of$20 per hour. J'fie term of this agreement rendered shall be From 09/29/2018 to 7/3 1/201.9. 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 collipetent, professional and timely manner to the satisfaction of the County, Provider shall be responsible For ali errors, or ornissions, ill the perforniance Of the Agreement. Provider shall correct any and all errors, onlissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the COLMtY. Provider agrees that Provider shall not sub contract ally of the services to be provided in this Agrecillent, nor shall Provider assign ally right or responsibility granted or required by this Agreenient,without,tile prior written approval of tile Col"ItY. SF-ECWI�,'_T1,,0RMS The County agrees to pay at the rates specirted for Services satisfactorily performed fir accord with this Agreement. "file amount to be paid by tile County shall not exceed two hundred dollars, ($2(t0). Payment shall be nude within thirty (30) days of all invoice properly submitted to County. Should Provider l"ail to perform its ditties itn&r tile terms of this Agreentent, County may, Without faidt or penalty,withhold ally payment associated with the work to be performed until SLIC11 tinge aS Said work is completed. 2. Non--maiver: Failure by County at any tulle to re(lUiM tile perrormance, by Provider Of ally of the provisions hereof shall in no way waive or affect the County's right hereunder to, enforce the same, no'- shall Lilly waiver by the County Of ally breach be held to be a wai!ver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. 1 e e�jt lai_(kl'l The Provider shall operate, as an independent contractor, and the COUnty shall not be responsible for any of tile Provider's acts of, omissions. 'T'he Provider shall not be treated as an employee with respect to the Services perkmmed hereunder for federal or state lax, unemployment or workers' compensation Purposes. Tile Provider understands that neither federal, nor state, nor paYM11 tax Of any kind shall be withheld or paid by the COLInty oil behalf of'[he Provider or the employees of tile Provider, 4, hidernijily: The Provider agrees, without limitation, to defead, ilidemnify, and hold harlilless Orange C ounty from all losses, liabilities, claims, demands, suits, costs, damages err expenses (including rcasoliable attorneys fees) arising froin bodily injury, including death, to any person or persons or(iatmage to Revised 10/17(Mgr appry 5k 6/18)dept request 9t26/18 I tile Part of the Provider in CarryirIg Out Providers duties and obligations related to the Services to be provided in this A. r'ec merit, 5� Vq inatioty, 'rhis Agreement nlay be terminated at any tinle by triutual written agreettlent of the Provider, COLlJlt`.Y may Suspend this Agreement upoll the parties or by the Cotulty upon written notice to reasonable notice to Provider. igqatjUj s: Tile patties have read dais Agreetuent arid agree to be 6. 1,q.ile_.A.grgqM!9��t1_d_S_ bound by all, of its te I rills, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless anal until modified ill writing arid signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreertient together with any arnendillents Or modifications may be executed electronically, All electronic signatures affixed hereto evidence the consent of tile Parties to jitilim electronic signatures and the intent of the pal-ties to comply with Article HA and Article 40 of North Carolina General Statute Chapter 6,6. 7� Both parties agree that this Agreement shall be governed by tyre laws..,of the State of North Carolina and Orange County. Provider shall at all time s reniain in compliance runes, and regulations including but not limited to all state wilth all applicable local, state, and federal laws, 1111 � anti federal antil-discrimination laws, policies, rules, arid regulations arid the Orange County Non- I)iscrinjulation, Policy and Orange County living Wage Policy (eacli policy is incorporated herein by reference and 11lay be viewed at 1C "Ov/departilient,tpqlr�jl�si d V is iQml��qq�qj Any violation Of this LuAly-rm., .�U. J_. greernent without requirenlent is a breach of this Agreement and County may immediately terminate this A This paragraph is not intended to firnit and does not limit tile further obligation oil the part of the COU114Y, definition of breach to discrirnination� By executing this Agreement Provider certifies that Provider has not been identified, and hags not utilized titre services of any agent or subcontractor identified, oil tile list created by the State Treasurer pursuant to G.S. 147-86.5& By executing g this Agreement Provider eertifies that Provider has not been ideiltified, and has not utilized (lie services ofany agent or Subcontractor identified, oil tile list created by the State Treasure!" pursuant to G',S. 1,47-86.81• By executing this Agreement Provider affirills Provider is and shall remain in compliance with Article 2 off Chapter Cr 4 of the North Carolina General Statutes. din determining the basic services to be provided, should any documertis be referenced in or attached to this Agreement, the tel-I'lls herein shall have priority in any conflict between tile terms of referenced documents and the terms of this AgreerneilL 8. pjspqtq e Lgio'p: Neither party niq initiate binding arbitration. Any disputes shall be _LU my initiate litigation to resolve the resolved by nonbinding,mediation, 11'such ntediatiori Nils either party i dispute, Should either party initiate litigation to settle any dispute involvilig the terms of this Agreement SUCh litigation shall be initiated in the General COUrt Of JUStiCe of North Carolina scated in Orange Col"ItY, North Carolina, g mowledges that County is a, governmental entity, and tile priation: Provider ack , statutory .9. NPaA?Rt _1 -- oil the availability of public funding under the authority Of'jt,, validity of this ,Agrecillerit is based tip maljdate, hi the event that public funds are milavail table and raot appropriated foi•the perfortriance of Country's loll I ally to County obligations under this Agreen-tellt, their this Agreenient shall automatically expire witl � t )ell A inavailability and non-appropriation Of Public funds. in upon written notiCe tO Provider oftil e L IN WITNESS WI-JEREOF,Orange County and tile Provider have signed this Agreement, effective as of the day First written above. P-11 ORANG'E COUNTY T- B is ............ ............. 10/17(Mgr app,i'v Sk 6A8)dept reque,t 9120J 18 2 Department Di"ectOl' 200 S, C alliff ll St. f' O,Box 8181. I[111;sborough, NC 27278 Revised 10/17(Mgr ay,'pry 5k 6/18)deft regUCSt 9/26/18