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HomeMy WebLinkAbout2015-148-E DEAPR - Inflate-A-Party for Bounce House-Egg Hunt $1,167 DocuSign Envelope ID:61CAADBE-A7C0-40D3-B313-2E97E4C573F6 [Departmental Use Only] TITLE Bounce Houses - EH2O15 FY 2014-2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA TFHS AGREEMENT, made and entered into this 2nd clay of March, 2015, ("Effective Date") by and between Orange County, North Carolina, a body politic anti corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Inflate-A-Party (tile "Provider"), party of tite 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: provide 4 inflatables with I attendant for each inflatable for Egg Hunt event from 11:30 a.m.-1:30 p.m. on March 28, 2015. 'I'lte term of this agreement rendered shall be from March 21,2015 to April 3,2015. 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 planner 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 tite 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. SPECH+IC TERMS I. Pa_ktn 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 one thousand, one hundred and sixty-seven dollars, ($1167.00), Payment shall be made within thirty(30)days of art 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 Comity'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. Inde endent Contractor: The Provider shall operate as all 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 tite 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 tite 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 lttay be required by Owner's Risk Manager as such insurance requirentctits are described in the Orange County Revised 10114 1 DocuSign Envelope ID:61CAADBE-A7C0-40D3-B313-2E97E4C573F6 Risk Transfer Policy and Orange County Mininjum InsUrrance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htt)://orari ecoun ,rlc. ov/)rrrcliasil colitracts.as P). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of ilia (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:tares: 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 amen dine tits or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 1 IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between lire 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 sllall 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non APpropriatio : Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public filnding 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 10/14 2 DocuSign Envelope ID:61CAADBE-A7C0-40D3-B313-2E97E4C573F6 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the clay first written above. ORAN 0 1414 PROVIDER E DocuSigned by: B Y 0637994B755E477 By. �.7D._ r�8.B.8ff County Manager 200 S. Cameron St. Jeff Kelly, Inflate-A-Party P.O. Box 8181 11781 US HNvy 64 West Hillsborough, NC 27278 Apex,NC 27523 Revised 1 0114 3 DocuSign Envelope ID:61CAADBE-A7C0-40D3-B313-2E97E4C573F6 [ , -CERTIFICATE OF LIABILITY INSURANCE 3/412015 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(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 Contact Name: I Jeff Kelly Cossio Insurance Agency Phone 9197402429 -Fax 1 SiOmpsonvg a,SC 29681 (AfC,No,Ext): AA/C,No}: {864)688-0121 E Mail: rentals @inflate-a-party.com INSURER(S)AFFORDING COVERAGE NA1C# INSURED INSURER A: United States Fire Insurance Company SPORTS AND RECREATION PROVIDERS ASSOCIATION - (PURCHASING GROUP)AND ITS PARTICIPATING MEMBERS: INSURER B: n ate-a- arty.com,INC INSURER 0: 11781 US HWY 64 _ Apex,NO 27523 INSURER D: INSURER E: COVERAGES CERTIFICATE NUMBER: USP148990 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEb 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. - ........... INSR TYPE OF POLICY ADDL SUSR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVO (MMIDD/YY) (MMIDDIM X COMMERCIAL GENERAL LIABILITY Each Occurrence $1,000,040 CLAIMS MADE ❑OCCUR General Aggregate $2,000,000 Products/Completed Operations $2,000,000 Personal&Advertising Injury $1,000,000 A ❑ ® SRPGP-101-0414 4/2/2014 4121201S t=ire Damage $300,000 GEHL AGGREGATE LIMIT APPLIES PER Medical Expenses $5,000 X POLICY UPROJECT FILOC Deductible $0 OTHER: AUTOMOBILE LIABILITY COMBiNEDSINGLE LIWT L I ANY AUTO (Ea accident) ALL OWNED I-- SCHEDULED BODILY INJURY(Per Person) C1 AUTOS ! - AUTOS F]WREDAUTOS NON-OWNED BODILY)NJURY(Per aWdent) AUTOS ❑ PROPERTY DAMAGE (Per accident) ❑UMBRELLA LIA13 OCCUR ❑EXCESS LIAR CLAIMS-MADE DED ❑RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYE=RS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNERrEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? L IN NIA (Mandatory In NH) If yes,describe under DESCRIPTION OF OPERATIONS below Accidental Death&Dismemberment $10,000 A Accident Med-cal US1 $0 78564 4!212814 412/2015 Maximum Benefit Amount $10,0 Deductible $p ....... DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Party Equipment Rentals Operations located at 11761 US Hwy 64 Apex,NC 27523. Certificate Holder As Additional Insured Amusement devices on file with the company for special event(s)dated 3/2812015 to 3/28/2015 located at 302 West Tryon Street,Hillsbofough,NC 27278. CERTIFICATE HOLDER: CANCELLATION ......... Orange County Risk Management SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 South Cameron Street ITHE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Hillborough,NC 27278 !'ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD