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tDepartmental Use Only]
<br />TITLE OC Public Transportation
<br />FY 20 8-2019
<br />ORANGE COUNTY
<br />OCPT DRIVER C"ONTRACTUNDER $5,0010.00
<br />NORTH CAROLINA
<br />THIS AGMEEMENT, made and entered into this Tweilty-ninth day of September, 2018,
<br />("Effective Date") by and between Orange County, North C'arolina, a body politic and corporate organized
<br />Under the laws of"the State of North Carolina, (the "County"), party of the first part; and Nicholas Gattis (the
<br />"Provider"), paity of tile second part,;
<br />W I T N E S SE T ft:
<br />For the Purpose and subject to the terms and conditions hereinafter set forth, the County hereby
<br />contracts 'For the services of the Provider, and the Provider agrees to provide the following services to tile
<br />County in accordance with the tennis of this Agi-ecrilent, tirne being of the essence:
<br />'file services and/or niaterials and/or construction (hereinafter referred to collectively as "Services")
<br />to be furnished under this Agreement are as follows: Provide serves as a driver to tile Citizens of Orange
<br />County at a rate of $20 per. hour.
<br />'File terra of this agreement rendered shall be fi-onl 09/29/2018 to 7/31/2019.
<br />Provider represents and agrees that ,Provider is qualified to perform and fully capable of perlorming and
<br />providing the services required or necessary under this Agi-cenient fil a fully competent, professional and
<br />timely manner to the satisfaction Of the U)Lulty. Provider shall be responsible for all errors 01' omissions, In
<br />the performance of tile Agreement, Provider shall correct any and all errors, omissions, discrepancles,
<br />ambiguities, mistakes, or conflicts at no additional COSt to tile County. Provider agrees that Provider shall not
<br />sub-contract any of the services to be provided in this Agreement, nor slIall Provider assign any right or
<br />responsibility granted or required by this Agteement, without the prior written approval of the County.
<br />SPECI-FIC TERMS
<br />I, Pay—ni r t: The County agrees to pay at the rates specified for Services satisfactorily
<br />performed in accord with this Agreement, The amount to be paid by the County shall not exceed two
<br />hundred dollars, ($200:). Payment shall be iliade witkin thirty ('10) days of an invoice properly submitted to
<br />County, Should Provider fai . I to perforin its duties Linder the terrors of this, Agreernent, County nlay, without
<br />fault: or penalty„ withhold any payment associated with the work to be performcd Until such time as said:, work
<br />is completed.
<br />2. Non—waiver. Failtire by County at any time to require the perfc)rmance by Provider of ally
<br />of tile f)rovisions hereof shall in no way waive or affect the County's right herelinder to enforce the same, not.
<br />shall' any waiver by the County of any breach be held to be a waiver of any succeeding breach or a Waiver of
<br />this Non-Waiver Clause,
<br />1 It d N%t litractor: The Provider shall operate as an independent contractor, and the
<br />County sha II not be respons ible For any of thel?rovider's acts or omissions. The Provider shall not be treated
<br />as alr employee with respect to the Services performed hereunder for federal or state tax, Unemployrnetit or
<br />workers' compensation purl)oscs. 'file Provider understands that neither federal, nor state, not- payroll tax of
<br />any kind shall be withheld or paid by the County on behalf of the Provider- or the employees of tile Pr(wider.
<br />4. tilde q..rty : The Provider agrees, without limitation, to defend indernnify and hold harniless
<br />Orangxc County ftom all losses, liabilities, claims, demands, stilts, costs, darnages or expenses (including
<br />reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to
<br />Revised 10/ 17 (Mgr appry 5k 6/18) dept request W26/ 18 1
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