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Home My WebLink About2014-485 EMS - Console Cleaning Specialists for console cleaning in emergency communications $3,150 a�1q_ggs- EM5 [Departmental Use Only] TITLE Console Cleaning Specialist FY 2014-2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 st day of July, 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 Console Cleaning Specialists (CCS) (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: See Exhibit A, Console CCS Preventative Maintenance Agreement which is attached and incorporated by reference. The term of this agreement rendered shall be from July 1, 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.Jully 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 Three Thousand One Hundred Fifty dollars, ($3,150). 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 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: 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 9/13 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 ec�ountpic. ov/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. Indemnitv: 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. 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. 11. Si ature: Signatures. 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. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 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: County Manager Title: 200 S. Cameron St. P.O. Box 8181 Hillsborough,NC 27278 rs instru has b e approved as to technical content. epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. J., Office of the Chief Financial Officer This i nt as been approved as to form and legal sufficiency. OfficA of the koUnty At orney Revised 9/13 3 CONSO-1 OP ID:DB JMM CERTIFICATE OF LIABILITY INSURANCE 1 DA 08/12°"Y'"" 08/12/14 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 INSURED,the policy(les)must be endorsed. If SUBROGATION IS WANED,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 CONT T Virgil C Lea 8 Son 360-748-0051 PNAME Debbie Buss Lovsted Worthington LLC 360-748-3941 .360-748-0051 N0.360-748-3941 P.O.Box 1 E-MAIL Chehalis,WA A 98632 ADDRESS:dbuss@lovatedworthington.com Trevor J Elliott INSURERS AFFORDING COVERAGE NAIC rl INSURER A:Berkle y Assurance Company INSURED Console Cleaning Nsuma:Ohio Security Ins Co Specialists,Inc. INsc:Torus SpecIaIV Special Ins Co. 1595 Bishop Rd Chehalis,WA 98532 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 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 POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER MR7 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X UMB0063160 06/20/14 06/20115 PREMISES T E�p�� S 100,00 CLAIMS-MADE a OCCUR MED EXP one person $ EXCi X $2600 Dad B11PD PERSONAL 6 ADV INJURY S 100,00 GENERAL AGGREGATE $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COWKIP AGG S 2,000,00 X POLICY PRO- LOC S El AUTOMOBILE LSIBILITY COMaINFJ] LIMIT e txde 1 1,000,00 B ANY AUTO X X BAA56199907 06/20/14 06120/15 BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INUY(Pr m cklent) S AUTOS X N p NEO -PROPERTY DAMAGE HIREDAUTOS AUTO Par $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S 2,000,00 C X EXCESS LIAB CLAIMS-MADE 85620J140ALI 06/20114 06120/15 AGGREGATE $ 2,000,00 DED I I BETE NTION S S WORMERS COMPENSATION WC STATU 0TH• AND EMPLOYERS'UABILnY A ANY PRDPRIETORIPARTNERIEXECUTNEYIN VUMB0063150 06120114 06120/16 E.L.EACH ACCIDENT S _ 1,000,00 OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) (WA STOP GAP) E.L.DISEASE-EA EMPLOYEE S 1,000,00 Rise ufeerribe under DESCRIPTION OF OPERATIONS below e.L DISEASE-POLICY LIMIT 1 S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(;Hach;CORD 101,AddlUonai Remarks SchedWb IF more space Is re"red) Orange County Emergency Services shall be named additional insured's as required by written contract, see VCAS2011 11/12 and CASB10 01/10, attached. Waiver of Subrogation Applies, see VCAS9925 06/11 and CASS10 01/10, attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Emergency ServIC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY Y ACCORDANCE WITH THE POUCY PROVISIONS. S10 Meadowlands Drive Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ell ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD