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Home My WebLink About2013-055 AMS - Thomas C Blalock Jr DBA Blalock's Towing & Recovery for Towing of illegally parked vehicles on County property $N/A [Departmental Use Only] TITLE Towing Contract FY 2012-13 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 0 day of March, 2013 ("Effective Date"), by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Thomas C. Blalock, Jr. DBA Blalock's Towing and Recovery(the"Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Towing illegally parked vehicles in the Orange County parking lots ("Parking Lots") attached to Orange County Visitors' Center and Skills Development Center located as 501 and 503 W. Franklin Street, Chapel Hill, NC, and other Orange County sites mutually agreed, respectively subject to the following terms: 1. Provider shall tow illegally parked vehicles in the Parking Lots based upon specific voice instruction from an authorized person or persons employed by Orange County—i.e. designated individuals at the Visitor's Center or at the Skills Development Center,or at other mutually agreed site within Orange County; 2. Provider will arrive within forty five(45)minutes after the call; 3. Provider shall inventory the illegally parked vehicle for existing damage or other unusual conditions associated with the vehicle; 4. Provider will provide the inventory of damage with the specified Orange County employee on site prior to moving the vehicle; 5. When towing a vehicle within the Chapel Hill town limits,the tow truck operator who is removing the vehicle shall report by telephone to the Chapel Hill Police Department a license tag number, description of the vehicle,the location that the vehicle is being towed from and its present location.This report shall be made before the tow truck towing the vehicle leaves the Parking Lots; 6. Provider shall store all towed vehicles at the Provider's storage lot located 3504 Highway 86 South, Hillsborough,NC 27278; 7. Provider shall assume responsibility of the vehicle during the hook-up,towed transport,and storage. Any and all damage to the vehicle during the hook-up,transport, and storage shall the Provider's responsibility; 8. Owner shall affix the signage approved by the Town of Chapel Hill at the entrances and exits of the Parking Lots within Chapel Hill town limits and other mutually agreed sites within Orange County ; 9. Provider shall comply with all applicable laws and regulations including but not limited to the Town of Chapel Hill Towing Ordinance. The term of this agreement rendered shall be from Effective Date and shall continue until terminated by either party with thirty(30)days prior written notice. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and Revised July 2010 1 timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: Provider shall charge the rates specified in the Town of Chapel Hill Towing Ordinance. The towing charges shall be payable by the owner of the vehicle towed. In no event shall the County be responsible for paying the towing charges and the Provider shall not attempt to collect such charges from the County Sites outside of the Chapel Hill town limits will require rates in accordance with the site's governing Ordinance. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The 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 of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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 Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. Revised July 2010 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By:_7�' U o M, By: Coun Ager Title: 200 S.Cameron St. Thomas C. Blalock,Jr.DBA P.O. Box 8181 Blalock Towing and Recovery Hillsborough,NC 27278 3504 NC 86 South Hillsborough,NC 27278 This instrument has been approved as to technical content. c-(-"- Jeff npso-n,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. A4,C'.1 PM illy-, Office of the Finance Director This instrument een approved as to form and legal sufficiency. I-L :�7 - — Ice of the County Attorney Revised July 2010 Acc>9V CERTIFICATE OF LIABILITY INSURANCE oP ID LH 7E(MWDDNYYY) `1111111nw�__ 0 1/30/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURE t e policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Lee Hammond PHONE FAX The Sorgi Insurance Agency ac -919-682-4814 (A/C,No): 16 Consultant Place Suite 102 ADDRESS: iee@sorqiinsurance.com Durham NC 27707 CUSTOMER ID#: BLALTOW Phone:919-682-4814 Fax:919-682-4906 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Erie Insurance Exchange 26271 Blalock's Towing & Recovery INSURER B: T C Blalock 3504 N Hwy 86 INSURER C; Hillsborough NC 27278 INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT 08 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF P01MY EXP LTR TYPE OF INSURANCE INSR WVDI POLICY NUMBER (MM/DD1YYYY) (MM1DDtYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ A X COMMERCIAL GENERAL LIABILITY Q100180961 10/01/12 10/01/13 PREMISES(Ea occurrence) $ CLAIMS-MADE F-1w] OCCUR _MED EXP(Any one person) $ X _PERSONAL&ADV INJURY $ GENERAL AGGREGATE $See Garage GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP-AGG $ R __1 —1 POLIC;YF_1JE0i F LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ • X SCHEDULED AUTOS X Q100180961 10/01/12 10/01/13 PROPERTY DAMAGE $ • X HIRED AUTOS Q100180961 10/01/12 10/01/13 (Per accident) • X NON-OWNED AUTOS Q100180961 10/01/12 10/01/13 On—Hook $120,000 • On—Hook/GKLL Q100180961 10/01/12 10/01/13 $ A rUMBRELLA LIAB OCCUR Q340171786 10/01/12 10/01/13 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ -MT $ WORKERS COMPENSATION H- AND EMPLOYERS*LIABILITY YIN ER ANY PROPRIETOR/PARTNERIEXECUTIVFO E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE•EA EMPLOYEE I$ If yes,ddescribe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required) Certificate holder is named as an additional insured with respect to general liability and auto. 30—day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. County of Orange Financial Services AUTHORIZED REPRESENTATIVE P0 Box 8181 Hillsborough NC 27278 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD