2018-646 OCPT - Kimberly Gattis driver contract

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the part of the Provider in carrying out Provider's duties, and obligations related to the Services to be provided in this Agreement. S. Terminati n: 'rhis Agreement may be terminated at any tinic by inutual written agreement of the parties or by the County UPOR written notice to the Provider. Comity may suspend this Agreement LIP011 reasonable notice to Provider. 6. F�njipq"A !� — qerneilL. Sig Lines: 17he parties have read this Agreement and agree to be -P!I(L,L bOUnd by all of its ternis, and further agree that it constitirtes the coirilplete and exclusive staternellt of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by teleflacsirnile signature. TI'ds Agreement topither with any atuendments or modifications snay be executed electronically. All electronic signatures affixed hereto evidence the consent of tlie Parties to utilize electronic signatures and the intent of (lie parties to comply with Article I LA and Article 40 of North Carolina General Statute Chapter 66. 9 1 it 7. L_y- : - Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange C,ounty, Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal and-discrimination laws, policies, rules, and regulations and the Orange County Non. - Disc °imination Policy and Orange County I.Jving Wage policy (cacti policy is incorporated herein by reference and may be viewed at -a t jjj�p)� jILm2:L4V_)n c S Any violation of this requilirenICIlt is a breach of this Agreement and'! County niay inirnediately terininate this Agrecinent without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination, By executing this A'grceimnt Provider certifies that Provider has not been identified, and has not utilized the services cif` any agent Or subcontractor identified, on the list, created by the State Treasurer pUrSLIant to CY-S, 147-86.58, By executing this Agreement Provider certifies that Provider has not been identified, and has ]'lot utilized the set-vices of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G , 147-86.81, By CXCCUtiIIg this Agrcement Provider affirais Provider is and shall remain in compliance with Article 2 of Chapter 64 Of the North Carolina General Statutes. hi determining the basic services to, be provided, should any documents be referenced in or attached to this Agreemetit, the terms herein shall have priority in carry conflict between the terms of referenced documents and the terms of this Agreement. 8. .1 I N)jIt, . Neither party may initiate binding arbitration. Any disputes shall be resolved — by nonbi nding, niedialio r . i 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 General Court of" Justice of North Carolina seated in Oran, e County, North Carolina. 9 Ngii Apprqp iqtJ..q..n.: Provider acknowledges 'that COUnty is a governniental entity, and the validity of this Agreement is based upon the availability Of J)Ublic funding under the authority of its statutory inarldate, in the event that public funds are unavailable and not appropriated ft.,r)r the performance of County's obligations, wider this Agreemetit, then this Agreement shall automatically expire without penalty to C"Ounty immediately upon written notice to Provider Of tile Linavailabilit-y and non-appropriation; of'public ftinds. M WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as ofthe day first written above. OR,AN(-V'E COUNTY By: 77; .................... . . . . .......... . ............. RLviscd 10/17 CMgr appry 5�k 0 8) dept request 9/26/18 PROVIDER Y. . .. . ...... 2