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[Departmental Use Only]
<br />TITLE OC P�ublic Trains IPortation
<br />FY 2018-20191
<br />ORANGE C'OUNTY
<br />OCPT DRJVER CONTR.ACJ' JJNDER $5,000.00
<br />NORI I TICAROLINA
<br />"THIS AGNEI",MUNT, is and entered into this Twenty-ninth day of September, 2018,
<br />("F'A'ective Date") by and between Orange Cotinty, North Carolina, as body politic and: corporate organized
<br />under the laws of the State of North Carolina, (the "Cottnty"), party of the first part; and Shakill Mitchell ((Ile
<br />"Provider"), party of the second part;
<br />W I T NE S S E T R:
<br />For the purpose and SUbject to the terms aild 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 the
<br />County in accordance with the terms of this Agreen'ient, thne being of the essence:
<br />J'he set-vices and/or materials and/or construction (hereinafter referred to collectively as "Services")
<br />to be fOrnished under this Agreement are as follows. Provide serves as a driver to the Citizens of Orange
<br />C',OLInty at a rate of $20 per hoin%
<br />"I'he term of this agreernent rendered shall be fi-oni 09/29/2018 to 7/31/2019.
<br />i
<br />Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
<br />providing the services required or necessary under this Agreement in a fully conipetent, professional and
<br />timely manner to the satisfaction of the Courity. Provider shall be resl)onsible lot- all errors or otnissions, in
<br />the perronnance of the Agreernent, Provider shall correct any and all errors, omissions, discrepancies,
<br />ambiguities, mistakes or conflicts at no additional cost to the County, Provider agrees that Provider shall not
<br />snb-contract any of the services to be provided in this Agreenlent, not- shall Provider assign any right or
<br />responsibility granted or required by this Agrcenient, withOUt tile prior written approval Ofthe County,
<br />S.UIECIFIC TE1,01S
<br />I PmLigmt: The Contity agrees to pay at the rates specified for Services satisfactorily
<br />perk)rnied in accord with this Agreement. The ainoutit, tdr be paid by the Cot-inty shall: not exceed two
<br />litindred dollars, ($200), Payment shall be tu:ade within thirty (30) days of an invoice properly submitted to
<br />Courity. Shokild Provider fail to perforni its duties under the terms of this Agreement, Comity may, withotit
<br />fault or penalty, withhold any payment associated with the work to be perforined until such time as said work
<br />is completed.
<br />-ovider ofany
<br />2. Non--waiv r- FailUre by Couiilty at any fitne to require the perforniance by Pt
<br />of the provisions hereof shall in no wa,y waive or affect the County's right herentider to en'Force the sauna, nor
<br />shall any waiver by the County of any breach be held to be a waiver Ofany SUccemdiag breach or a waiver of
<br />this Non-Waiver Clause.
<br />3. iw lad rid lgf C ontractor: The Provider shall operate as an independent cc)ntractor, and tile
<br />County shall not be responsible for any of the Provider's acts or omissions, "t "he Provider shall not be treated
<br />as an employee with respect to the Services perforined hereUridcr for federal or state tax, imemployment or
<br />workers' cotripensation pnrposes. The Provider Linderstands that neither federal, nor state, nor payroll tax of
<br />any kind shall be withheld or paid by the County on behalfof the Provider or the employees of the Provider.
<br />4. filde,ninity: 'ne Provider agrees, without limitation, to defeild, indeninifyp and hold harmless
<br />Orange County from all losses, liabilities, claims, detuands, suits, costs, clarnages or expenses (inckiding
<br />rcasonablc attorney's fees) arising from bodfly in.jkiry, including death, to any person or persons or damage to
<br />Revised 10/17 (Mgr appn, 5k 0/18) dept request 9/26/18 1
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