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HomeMy WebLinkAbout2015-564-E HR - Deli Management, Inc. dba Jason's Deli - catering for Employee Appreciation Event DocuSign Envelope ID: E33E7B80-33D2-4987-8883-030CC6D2B5AF Y N k r r [Departmental Use Only] TITLE Emp. Appreciation Lunch FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 7th day of October, 2015, ("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 Deli Management Inc., DBA Jason's Deli (the "Provider"),party of the second part; l WITNESSETH: For the ose a and subject to the terms and conditions hereinafter set forth, the County hereby p � J i 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: Lunch on Monday, October 12, 2015 is to be delivered no later than 11:00 am to Southern Human Services Center,2501 Homestead Road, Chapel Hill,NC. Current head count is 150. See attached proposal for catered lunch menu. Breakfast on Friday, October 16, 2015 is.to be delivered no later than 5:30 am to Solid Waste Management Department, 1207 Eubanks Road, Chapel Hill, NC. Current head count is 75. See attached I proposal for catered breakfast menu. Lunch on Friday, October 16, 2015 is to be delivered no later than 10:30 am to the Hillsborough Farmer's Market Pavillion next to the John Link Government Services Center, 200 S. Cameron Street, is Hillsborough,NC. Current head count is 310. See attached proposal for catered lunch menu. Amount could change based on number of employees served or meals required. i The term of this agreement rendered shall be from October 12,2015 to October 16,2015. I Provider represents and agrees that Provider is qualified to perform and fully capable of p6rforming 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, i 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 r G 1. Payment: The County agrees to pay at the rates specked for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed four G thousand five hundred and five and 88/100,($4,505.88). 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. Revised 9/13 l DocuSign Envelope ID: E33E7B80-33D2-4987-8883-030CC6D2B5AF 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. K 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 h1W://oran eg countync.gov/purchasinglcontracts.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. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities claims demands suits costs damages or ex p enses (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. Priori : 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: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. 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. Revised 9/13 2 k DocuSign Envelope ID: E33E7B80-33D2-4987-8883-030CC6D2B5AF I u 4 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. r O 7,', igned DIIIA"I(�Tb TTY PRO by: �jO , �LbV'V'tS B5'' os By v4sA, onera�°°Manager County Manager Title: 200 S. Cameron St. 5408 New Hope Commons, Suite 123A ?; P.O. Box 8181 Durham,NC 27707 Hillsborough,NC 27278 i 1DSo jXjgT Cr_�evr c'a "A ent has been approved as to technical .content. ) olomew,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Ft4Y9���y 7D4E5181ACC140a Office of the Chief Financial Officer i i=. T WWt has been approved as to form and legal sufficiency. e Office o t e ounty Attorney r f E (i L i Revised 9/13 q i 0 0 c Cn cam' � Proposal 0 r �! ( Date: 10/7/2015 0 Quotation#: 1 m Date of Event: 10/12/2015 m Delivery Day: Monday co Delivery Time: 11-11:30am Type of Meal: Lunch o Quotation valid until: Date of the Event 5408 New Hope 00 Deli: Commons Dr 00 w Customer Information: Durham NC 27710 W Name: Diane Shepherd 919.493.3350 0 Orange County 0 Event: Government Picnic Prepared by: Olivia Willard o Organization: Orange County Government Payment Method: Check W Address: 2501 Homestead Rd Chapel Hill NC D Phone: 919.644.4545 E-mail: dshepherd @orangecountync.org ;:, Descrption _„ ,. Size ;` ,. Quantity rice ,AMOUNT . Lighter Nutty Salad with Balsamic 45 $7.09 $319.05 Lighter Chef Salad with both ranch and italian 30 $6.19 $185.70 Lighter TK on Wheat Wrap on Croissant with Fruit 20 $7.28 $145.60 cup no dip Lighter TK on Croissant with Fruit Cup No dip 25 $7.28 $182.00 Lighter RB on Croissant with Fruit Cup no dip 15 $7.28 $109.20 Lighter RB on Wheat Wrap with Fruit cup no dip 15 $7.28 $109.20 Sweet Tea/Unsweet Tea Gallons 10 $9.99 $99.90 Delvery,Fee} „ Sub $1 1a0 65 Tax $95 51 Total $1,25316 0 0 c Cn cam' } Proposal r Date: 10/7/2015 0 Quotation#: 1 w Date of Event: 10/16/2015 m v Delivery Day: Friday co Delivery Time: 5-530am Type of Meal: Breakfast o Quotation valid until: Date of the Event 5408 New Hope co Deli: Commons Dr co w Customer Information: Durham NC 27710 W Name: Diane Shepherd 919.493.3350 0 Orange County 0 Event: Government Picnic Prepared by: Olivia Willard rn 0 Organization: Orange County Government Payment Method: Check W Address: 1207 Eubanks Rd Chapel Hill NC > Phone: 919.644.4545 E-mail: dshepherd @orangecountync.org :Descriptio"n �.. Size Quantity; Pricer `AMOUNT° Sunshine Sandwich Tray with 4 of the sandwiches 75 $4.99 $374.25 vegetarian Fresh Fruit Large 1 $80.00 $80.00 Fresh Coffee Gallons 8 $11.99 $95.92 $0.00 $0.00 $0.00 $0.00 Delru'ery,�Fee t $7,.00 - Sub $550:17 Tax $45 97 Total $603':14 0 0 c Cn cam' m ' Proposal M � rti Date: 10/7/2015 0 Quotation#: 1 m Date of Event: 10/16/2015 m Delivery Day: Friday co Delivery Time: 10:30-11 am Type of Meal: Lunch o Quotation valid until: Date of the Event 5408 New Hope co Deli: Commons Dr co w Customer Information: Durham NC 27710 W Name: Diane Shepherd 919.493.3350 0 Orange County 0 Event: Government Picnic Prepared by: Olivia Willard rn 0 Organization: Orange County Government Payment Method: Check W 200 South Cameron Street-Farmer's Market Picnic D Address: Shelter Phone: 919.644.4545 E-mail: dshepherd @orangecountync.org Description ;.:' ' Quanfity ,"Price' .AMOUNT Lighter Nutty Salad with Balsamic 60 $7.09 $425.40 Lighter Chef Salad with both ranch and italian 50 $6.19 $309.50 Lighter TK on Wheat Wrap on Croissant with Fruit 75 $7.28 $546.00 cup no dip Lighter TK on Croissant with Fruit Cup No dip 75 $7.28 $546.00 Lighter RB on Croissant with Fruit Cup no dip 25 $7.28 $182.00 Lighter RB on Wheat Wrap with Fruit cup no dip 25 $7.28 $182.00 Sweet Tea/Unsweet Tea Gallons 25 $9.99 $249.75 Delivery Fee z� 5 t $7 t , Sub $2,440 65 Tax $201:93 Total DocuSign Envelope ID: E33E7B80-33D2-4987-8883-03OCC6D2B5AF r j I H ��1 ® DATE(MM/DD/YYYY) r ACORO CERTIFICATE OF LIABILITY INSURANCE 10/08/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 4 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 'p s NAM Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX 800-363-0105 m Houston Tx office (AIC.No.Ext): (AIC.No.): a 5555 San Felipe Suite 1500 ADDRESS: _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Travelers Property Cas CO of America 25674 Deli Management, Inc. DBA Jason's Deli INSURER B: St Paul Fire & Marine Insurance Co. 24767 2400 Broadway INSURER C: The Travelers Indemnity Co. 25658 Beaumont TX 77702-1904 USA _ INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570059787777 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. Limits shown are as requested S TYPE OF INSURANCE POLICY NUMBER POLICY POLICY LIMITS LTR INSD WVD MMIDD)YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY TC2JGLSAI5 D S 1TIL15 EACH OCCURRENCE $5,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & conditions D GE TO RE TED $5,000,000 PREMISES Ea occurrence MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $5,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 X POLICY ❑PRO- LOC PRODUCTS-COMP/OP AGG $5,000,000 o OTHER: r A AUTOMOBILE LIABILITY TC27-CAP-152D6524-TIL-15 01/01/2015 01/01/2016 COMBINED SINGLE LIMIT $5,000,000 10 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS Per accident) w:. B X .UMBRELLA LIAR X OCCUR ZUP51M2160415NF 01/01/2015 01/01/2016 EACH OCCURRENCE $5,000,000 U EXCESS LIAR CLAIMS-MADE SIR applies per policy terns & conditions AGGREGATE $5,000,000 DED I X RETENTION C WORKERS COMPENSATION AND TC2KU6152D655A15 01/01/2015 01/01/2016 X STATUTE EORH EMPLOYERS'LIABILITY YIN workers Comp AOS ANY PROPRIETOR I PARTNER/EXECUTIVE E.L.EACH ACCIDENT $5,000,000 I, • OFFICER/MEMBEREXCLUDED? NIA TRKUB152D654815 01/01/2015 01/01/2016 (Mandatory in NH) workers Comp AZ E.L.DISEASE-EA EMPLOYEE $5,000,000 Ifyes,describe under ii DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $5,000,000 k` A BUS Auto Damage T3BAP-152D6536-15 01/01/2015 01/01/2016 Comprehensive Ded. $2,500 Collision Ded. $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) } C SJ (y"g CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE J EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE �� F POLICY PROVISIONS. orange County Government AUTHORIZED REPRESENTATIVE F Attn: Diane shepherd and Gwen capers �f p Q 200 S. Cameron Street AL Hillsborough elna Hillsborough NC 27278 USA ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD