2018-652 OCPT - Shakill Mitchell driver contract

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the part of the Provider in carrying, out Provider's ditties and obligations related to the Services to be provided in this Agreement. 5. 'jg-millation: This Agreement may be terminated at any tirne by mutual written agreement of the parties or by the C,'Ounty upon written notice to the Provider, County may suspend this Agreement upon reasonable niotice to Provider. 6. Eat—k —AzL��Tpc!OL MKL j 1,1 ttr e, 'Fhe parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement oftlic Agreement between the parties Unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsinlile signature. This AgrCCITICDt tK,)gether with any amendments or niodifications may be executed elect'ronically. All electronic signatures affixed hereto evidence tile Consent of tile Parties to utilize electronic signatures and the intent of the parties to coniply with Article 1, 1 A and Article 40 oft" orth Carolina General Statute Chapter 66. T oy-cni.J.Dg LAw--mn—dpj.j.jty:1 Both parties agree that this Agreement shall be governed by the laws '(')f tile State of North Caro I i i�i a nand Orange County. Provider shall at all thlies; remain in CfDruplianCe ,, but not limited to all state with all applicable local, state, and federal laws, rules, and regulations including and federal anti-discriminatioll laws, policies, rules, and regulations and the Oraillge County Non- Discrimination Policy and Orange County I...,iving Wage Policy (each policy is incorporated herein by reference and may be v iewed at jljvisiollkolltrq��ji Ally violation of this requirement is a breach of this Agreement and C',ounty may immediately terminate this Agreenient without further obligation oil the Part Of tile County, J'his paragrapti is riot intended to limit and does not limit tile definition of breach to discrinlination, By executing this Agreenlent Provider certit'ies that Provider has riot been identified, and has not Litilized the services of any agent Or subcontractor identified, on tile list created by the State Treasurer pursuant, to G.S 147-86,58. By executing this Agreement Provider certifies that. Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, oil the list created by the State TlTaSffer pursuant to G,S. 147-86.81• By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining tile basic services to be provided, should any doCUDlCnts be referenced in or attached to this Agrcenlent, the terms herein shall have priority in tiny conflict between the terms of referenced documents and the terms of this Agreement. on Neither patty may initiate binding arbitration, Any disputes shall be ........... ..... resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve tile dispute. Should either party initiate litigation to settle any dispute involving tile ternis of this Agreement such litigation shall be initiated in the General Court or.justice of North Carolina seated it Orange County, North Carolina. 9. NcLij_Ap .1i I e r( ri ition: Provider acknowledges that County is a. governmental entity, and t i validity of this Agreement is based upon the availability of public funding under the authority ()fits Statutory mandate. Ill the event that public funds are unavailable and not appropriated for the perforn-tance of County's obligations under this Agreement, then this Agreement shall automatically expire without Penalty to COL"ItY immediately upon written notice Cc.) Provider of the unavailability and non-appropriation of public funds. N WITNESS WHEREOF, Orange County and the Provider have signed thisAg-reernent, effective as of tile day first written above. ORANGE C0'11 NTY 13y: Revised 10/17 (Mgr appry A 6/18) dept request 9/26/18 N ]'ROVIDER , By: I . . ..... . . ...... t . ... . . ..... ......... .