Orange County NC Website
[Departmental Use Only] <br />TITLE OC Pubilic Transportation <br />FY 2018-2019 <br />ORANGE COUN'I'Y OCTIT DRIVER CONTRAcr 1 NDE.11 $511000-00 <br />NORTH CAROLINA <br />TMS A(Y'.RFEMFN,r, made and entered into this Twenty-ninth day of' Septerilber, 2018', <br />("Effective Date") by and between Orange County, North C,'arolina, a, body politic and corporate or-, <br />ganized <br />under the laws of tile State of North Carolina, (tile "COMIty"), Party Of the first part; and Kimberly Gattis (tile <br />"Provider"), party of second par-t-, W IT N E S S'ETfl: <br />For the purpose arid subJect to the tenns and conditions hereinafter set. f'orth, tile (,Ounty hereby <br />contracts for tile services Of the Provider, and the Provider agrees to provide the following services to the <br />County in accojdaucc with tile terms ofthis Agreement, finle being of essence: <br />,rtle set-vices mid/or materials and/or constrUdiCM (hereinafter referred to collectively as "Services") <br />to be ffirtlished tinder this Agreement are as follows: Provide serves as a driver to tile Citizeris of Orange <br />County at a rate of $20 per IlOLlr. <br />'File term Of this agr-eefllCut VC11diered shall be front O /29/20118 to 713 1/2019. <br />Provider represents and agrees that Provider is qlialified to perforni and fully capable Of perfOrMing and <br />providing the services required or necessary under this Agreement in a frilly competent, professional and <br />timely nianner to the satisfactioll of tile Coirrity. Provider shall be responsible for all errors or omissions, iii <br />the performance of the Agreemerit. Provider shall correct any and all errors,.omissious, discrepancies, <br />ambiguities, mistakes or conflicts at no additional cost to the CoUnty. Provider agrees that Provider shall not <br />stib-contract any of the services to be provided in this A&pvcrnent, raor. shall Provider assign ally right, 01' <br />responsibility granted or required by this Agreettlent, without the prior written approval of tile County. <br />S1TCJ.FjL�r_FRN1,S <br />P43.1111 it: ylle County agrees to pay at tile rates specified for Services satisfactorily <br />perf'orined in accord with this Agi-eement, The amotint to be paid by (lie Comity shall not exceed two <br />hundred dollars, ($200). Payment shall be tirade withill thirty (30) days of an invoice property Slibillitted to <br />Cot.,lity, Shotild Provider fail to per-ftirm its duties under tile terms, of this Agreement Coraity may, without <br />,fail It or penalty, withhold ally payment associated with the work to be performed until such tiline as said work <br />is completed. <br />2. Npij---vyaiver'- Failure by (,'OLlnty at any, time to require the performance by Provider of my <br />ct dire Cotuity',% right hereunder to enforce; the sarrie, nor <br />of tile provisions hereof shall ill llo way waive or affe <br />shall any waiver by the Comity of any breach be held to be a waiver of any succeeding breach or a waiver of <br />this Non-Waiver Clause. <br />3. tp&jj��qrj jjt,QpLj[t�actor: The Provider shall Operate as an iudependent contractor, and tile <br />County shall . .. . riot be responsible to]° ally of the Provider's acts or ornissions. The Provider shall riot be treated <br />as all employee with respect to tile services performed hereunder for federal or state tax, unernPlOYment Or <br />warke rs' coilipensatio 1,1 purposes. The Provider under stands that neither federal, not- state, riot, payroll tai of` <br />any kind shall be withheld oi- paid by the County oil behalfol'the Provider- or the eillploYees Of tile Provider. <br />4, l! �oMjjjjy: 'I'lle Provider agrees, without linlitatioll, to defend ,,indertillify, and hold hatinless <br />Orange County fi-oll, all losses, liabilities, clainis, demands, suits, costs, darn ages Or expenses (inchiding <br />reasonable attorney's fees) arising front bodily injury, including death, to any person or persons or darriage to <br />jecvu,,,c(j 10/1'7 (NAgrap1m S,k 6118) dept rcquest 9126/18 <br />