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HomeMy WebLinkAbout2014-469 DSS - M & B Mobile Detailing for detailing DSS vehicles $15,000 .ASS [Departmental Use Only] TITLE M&B Mobile Detailing FY 2014-15 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of August, 2014, ("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 M & B Mobile Detailing & House Cleaning Service, L.L.C. (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: The Provider will clean and detail departmental vehicles at the request of the County at a cost of$30/per car and $50/pervan. The term of this agreement rendered shall be from August 5, 2014 to June 30,2015. 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 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: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Six Thousand Dollars and 00/100, ($$6,000). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 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 contractor 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 7/14 1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg countync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: 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. 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 anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 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: By: Bonnie Hammersley,Co u ty Manager 200 S. Cameron St. Barbara McKnight Alston P.O. Box 8181 138 Lone Wolf Drive Hillsborough,NC 27278 Henderson,NC 27537 Revised 7/14 3 I 09-05-14;03:55PM;The Pegram Agency ;2524385592 AC R° CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 9/511094 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 TH>_CERTIFICATE HOLDER. IMPORTANT: It the certl0cate holder Is an ADDITIONAL INSURED,the policy(los)must be endorsed. It SUBROGATION IS WAIVED,subject to the terms and conditions or the policy,certain policies may require an endorsement A statement on this certlIICats does not confer rights to the certificate holder In lieu of such ondorsement s. PRODUCER .HAMS/ Ra Pegram Jr. The Pegram Agency PNO"e 262.438-8373 252438-6692 PO Box 409 L apramr9 nationwide.com 950 Henderson,NO 27538 FIERM)AFFO;3DPMQ COVERAGI MAIO N -INGUREMA, Scottsdale Insurance Company INSURED INAURIE I M&B Mobile Detailing IMUMER C; PO Box 3062 INSURER D Henderson,NO 27536 IN UREA I INSURER PI COVLERAGE$ 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 OR 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 POUDiES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA TYPE OP INSURANCE P ICYNUM6 L1 YEP► PDLI LIFers UR COMMERCIALGENEAALLIA91UTY EACHOCORNCE S 1,000,000 aLAtMS•MADE 0oecuR CP82085788 9-09-14 946.18 13AMAOF icFSr encei 6 100,000 MED EXI A Upro pemani S 5,000 _ PaRSONALAADVINJURY S 1,000,000 LIE•I'L AGGREGATE LqGT IM�I�T APPLIES PER: NERD A R OA`M 2,008 000 POLICY❑%R F7 LOG PRODUCTS-COM► P AGO 3 2,000,000 OTHER: s AUTOMOBILE UA41LnY OMBINED LIMIT s ANY AUTO eODILY INJURY Pbr posed t ALL AUTOS OWNED SCT4EaULED BODILY INJURY(Ptr A0110 j S NON•OWNED PA A"OE = HFtRD AUTOS AUTOS S UMBRELLA LU18 Hocr UR EACH OCCURRENCE. EXCESS LIAR CLAIMS•MADE ADORE T PErENn0N 3 S WOKX[Me COMPENSATION H ANDS IPLOVERS'UAs1UTY YY�(___ ANY PROPRIETOR/PARTNEIVEXE017NE ^ OFI AOCIOEN7 gFPXYRME]ABEREXCLUDED7 �J N/A II+�P^dPtory In NMI F-L DISEASE-EA EMPLOY _S U oA dosorrpy Yndvf E.L.DISEASE-POUC UMR S SDAIPTION 6olow DESCAIPTION OF OP6RATIONe/LDOATIONS/VEHICLES(ACDIID 101,Addltlondl ROMA-a heIRA0,PIW ev v 14PII N IRON lfova IN 164Wrvd) CERTIFICATE HOLDER CAN ELL ATl N Orange City Dept of Social Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E PIRAT10N DATE THEREOF, NOTICE WILL OR OfiLMRED IN PO Box$lei ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NO 27278 AUT"RIZED REPA ENTATTVE Attn:Joyce Lev Fax#419-644.3006 �W- 0 1OW2014 ACORD CORPORATION. All rights reserved. ACOAD 25(2014101) The ACORD name and logo are registered marks of ACORD Allison Chambers From: Alisa Cornetto Sent: Friday, September 05, 2014 8:45 PM To: Serena McPherson Cc: Allison Chambers Subject: Re: M&B insurance info This works fine. Thanks! Alisa Sent from my Whone On Sep 5, 2014, at 4:26 PM, "Serena McPherson" <smcpherson @orangecountync.gov>wrote: Good afternoon Alisa Please see attached the insurance info for M&B Mobile Detailing Thanks, Serena W. McPherson Orange County Social Services Administrative Assistant to the Director Medicaid Transportation Coordinator 113 Mayo Street*P.O. Box 8181 Hillsborough, NC 27278 (919) 245-2871 (919) 643-4024 fax smcph erson(cD.co.ora nqe.nc.us <im0ge001.jpg> <Insurance.pdf> i