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Home My WebLink About2014-467 Public Health - Buzz Rides, LLC to provide OCHD with advertisement services $10,000 [Departmental Use Only) TITLE Buzz Rides FY 2014-15 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this V 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 BUZZ RIDES, LLC (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: Services as described in Exhibit A,"Proposal for Advertising Services" which is attached and hereby incorporated by reference. The term of this agreement rendered shall be from August 1,2014 to December 15,2014. The provider shall provide a proof of the advertisement to OCHD staff and get approval of the proof before said advertisement is made and viewed by the Public. 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 of the final product 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 11 Pay 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 ten- thousand dollars,($10,000). 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. Revised 7/14 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htW://oranizecouniync.gov/purcha-,iDgiconiogLs.as 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 AgLeement 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 I I A and Article 40 of North Carolina General Statute Chapter 66. 80 Priori 1y: 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: d'aunty Manager e17 200 S.Cameron St. CEO,BUZ)RIDES,LLC. P.O.Box 8181 173 1/2 East Franklin St. Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 7/14 This instrument has been approved as to technical content. , Colleen Bridger,M.D., MPH,&Yealth Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. — Nk"k 1-11 h. 1At,4- Clarence G. Grier, Financial and Administrative Services Director This inst ment has been approved as to form and legal sufficiency. Annett M. Mo e, Staff AttAmey, Office of the County Attorney 7 ACORD. INSURANCE BINDER 108113 DATE/2014 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHONE 803-746-7850 COMPANY BINDER* FAx Wilshire Insurance Company JFA0707154 EFFECTIVE EXPIRATION AAA — THE MIELAK GROUP DATE TIME QAIE TIME 6277 CAROLINA COMMONS DR STE 800 08/13/2014 01.16 AM 08/13/2015 NOON 12:01 AM • X PM INDIAN LAND, SC 29707 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY#: AGENCY DESCRIPTION OF OPERATIONSIVEHICLES/PROPERTY(including Location) CUST INSURED TRANSPORT OF STUDENTS AROUND CAMPUS BUZZ ENTERPRISES LLC DBA BUZZ RIDES 173 1/2 EAST FRANKLIN STREET CHAPEL HILL, NC 27514 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSESOFLOSS BASIC F-1 BROAD E-1 SPEC GENERALLIABILITY EACH OCCURRENCE $ DAMAGETO COMMERCIAL GENERAL LIABILITY RENTED REMISES $ CLAIMS MADE FI OCCUR MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO Combined UM/UIM BI Limit BODILY INJURY(Per person) $100,000 ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULEDAUTOS $ 100,000 per person/$ 300,000 PROPERTY DAMAGE $50,000 HIRED AUTOS per accident MEDICAL PAYMENTS $ NON-OWNEDAUTOS Combined UM/UIM PD Limit : PERSONAL INJURY PROT $ $ 50,000 property damage UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATEDAMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WC STATUTORY LIMITS WORKER'S COMPENSATION E.L.EACH ACCIDENT $ AD EMPLOYER'S LIABILITY E.L.DISEASE-EAEMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ SPECIAL UNIT LIST:2013 Gem E6 (04151) ,2013 Gem E6 (04122) FEES $ OTHER CONDITIONS/ 2013 Gem E6 (04116) ,2013 Gem E6 (04119) , OTHER TAXES $ COVERAGES ESTIMATED TOTAL PREMIUM $ NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE ACORD 75(2001/01) NOTE:IMPORTANT STATE INFORMATION ON REVERS DACOAD CORPORATION 1993 TRIANGLE ORTHOPAEDIC ASSOCIATES, P.A. - 100 Perkins Drive, CHAPEL HILL NC 275141783 NICHOLAIS, THOMAS (id #651948, dob: 10/21/1954) 08/06/2014 From PrqVI 1,0,er To Provider DYER SAM,PA-C TRIANGLE ORTHOPAEDIC ASSOCIATES,P.A. 100 Perkins Drive CHAPEL HILL,NC 27514-1783 Phone:(919)942-3171 Fax: (919)969-9131 Order Information 10rdO Orders included: I Laceration of hand ICD-9:882.0:Open wound of hand except finger(s)alone,without mention of complication • NOTE TO RETURN TO WORKISCHOOL Note to Provider:NO USE OF LEFT HAND.MUST KEEP LEFT HAND CLEAN. Patient Information Patient Name NICHOLAIS,THOMAS DOB Electronically Signed by:DYER SAM,PA-C,PASUP TRIANGLE OR1'HOPAE•DIC ASSOCIATES, 1 .A. 100 Perkins Drive, CHAPEL HILL NC 27514-1783 NICHOLAIS, THOMAS F (id #651948, dob: 10/21/1954) Ar ZW- A . 08/13/2014 From Provider To Provider ALDRIDGE MACK III,MD TRIANGLE ORTHOPAEDIC ASSOCIATES,P.A. 100 Perkins Drive CHAPEL HILL,NC 27514-1783 Phone: (919)942-3171 Fax:(919)969-9131 Order Information Order Orders Included: 1 Laceration of hand ICD-9:882.0:Open wound of hand except finger(s)alone,without mention of complication • NOTE TO RETURN TO WORK/SCHOOL Note to Provider: Light duty,no lifting pulling or pushing with Left hand Patient Information Patient Name NICHOLAIS,THOMAS F DOB 10/21/1954 Electronically Slgned by:ALDRIDGE MACK III,MD