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Home My WebLink About2016-131-E DEAPR - Character Antics for egg hunt entertainment 000wSWn Envelope ID:8o4EooAre533-44u3-9A3r-40r03000E5eA [Departmental Use Only] TITLE Character Antics FY 3N15'16 ORANGE COUNTY CONTRACT UNDER$1,080.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28(b day of January,2O|6, ("Effective Date") by and between Orange County, North Carolina, n body politic and corporate organized under the buvo of the State of North Carolina,(tile "County"), party of tile first part; and Character Antics(tile "Provider"), party of tile second pmi| WKTNESSETH: For the purpose and subject to the ternim and conditions hereinaOer set forth, the County hereby oou(,uo<m for the services of tile Provider, and the Provider agrees to provide the [b|k»n'|ng morvicca to the County iu accordance with tile terms of this Agreement,dn)m being o[tile essence: Tile amrvkzo nod/or ruu<#rin|s and/or construction (bnu}inm8mr rc0bnnd to collectively as "Services") to be furnished under this Agreement are ny follows: Rainbow slide, Obstacle Course, Sports Bounce House, 2 generators, and Z 6yoe poio(mm for the GoD Hun( event oil Saturday, March 19 bnou 3:00 p.nl.-4:00 p.|n. at River Park, 140 E. K8nrgnpot [mne' Hillsborough. Kuiu dote for event is SuuJuv. March 20 bnom 2:00 p.um.- 4:OOp.nn. The tmnoof this agreement rendered mhn|lbe from March |9, 20i8to March 2l' ZO|d. 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 m D/Uy competent, professional and dmm|vmum)mr to the snt|ofbobnnuf(&# County. Provider shall be rouyoumih\# for all errors oromissions, in the 'performance of the /\mrecmnnL Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts n1uo additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this /\grumnmmk` nor shall Provider assign any ,kzb( or responsibility granted or required by this Agreement,without the prior written approval o[the County. SPECW1 IC TERMS [ The County mgrncu to pay at (ke rates specified for Services sx|im5notmrih/ performed in accord with this Agrecu>ooL The nnmmvut to be paid by the Count), sboU not exceed nicd)t hundred and ninety-five dollars, ($H95.U0). Payment shall be made within thirty (30) days of all invoice properly submitted 10 County. Should Provider tbi| to yerb/on its duties under the knuuu of this Agreement, County may, n/idlou\ fault orpenalty, withhold any pnyo\nn1 associated with \be work to be pedbuuod until such tbnmam said work is completed. 2. : Failure by County n( any time to require the performance by Provider o[any of the provisions hereof shall in no way waive or affect tile County's right hereunder to enforce the same, nor shall any waiver hy the' Couutyofnuybvsuubbe)oo|Jtobouvmivorofonyaucoeedingb»#ochor0noiverof this Non-Waiver Clause. 3[ : The Poorid#rahnU operate as all independent nonkncto� and the Com){y--m\l not bo �responsible for any of tile Provider's acts oronuimoiouo. The Provider mbnl} not betreated as an employee with respect to the Services performed hereunder for Ocdnma| or stab tax, unemployment or rvorksrm' mompeumn\lonpurpomcm. The Provider understands that neither federal, nor state, rior payroll tax of any kind sliall be withheld or paid by the County oil behalf of the Provider or the employees of the Provider. Revised 1/16 DocuSign Envelope ID:9D4EDDAF-2533-4423-9A3F-46F03BDBE5BA 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 County'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 I)ttp://www.orangecoun.tync,gov/departments/""`purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here 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 County's Risk Manager. 5. 'indemnity: The Provider agrees to defend, indemnifj,, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Si nab tunes:-`rhe 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed liereto evidence the intent of the Parties to comply with Article I I A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. By executing this Agreement Provider affirtiis Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public finding under the authority of its statutory mandate. In the event that public finds 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 1116 2 000wSWn Envelope ID:8o4EooAre533-44u3-9A3r-40r03000E5eA IN WITNESS WH]KU&E,OF,(]nougm County and the Provider have signed this&greemmd`effective nmof the day fimtwritten above. ORA70 rq01011"TY PROV;DB*usigned by: By: "FAlD507A495 By: 2MEDME!,R40A Department Director Title: """=' 2O0S. Cameron St. RovaDBanis P.O. Box 8lO\ 55 Twelve Oaks Lane Hillsborough,NC 27278 Hcndrmoo' NC275]7 Revised 1/16 ] DocuSign Envelope ID:9D4EDDAF-2533-4423-9A3F-46FO3BDBE5BA DocuS!gn Envelope ID: 197749C3-FOCF-4B93-92EE-6391FF3B4743 ATE(MMIDWYYY) AC"RL> CERTIFICATE OF LIABILITY INSURANCE 11/30/15 F9 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(ios)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 ilau of such endorserrient(s). PRODUCER CONTACT NAME: Ruth Carter — Thompson Insurance Enterprises LILC Ew: 678-290-2130 FAX 3380 Chastain Meadows Pkwy,Ste.100 DRESS:ARESS: rcarter@MarkelCorp,com Kennesaw,GA 30144 PRODUCER CUSTOMER 10 9; INSURER(S)AFFORDING COVERAGE NAIC or INSURED INSURER A: Essex Insurance Company . .. -- ----— 39020 Royall Harris INSURER B: National Union Fire Ins Co of Pittsburgh PA _J_q+j5 DBA:Character Antics INSURER C; 55 Twelve Oaks Lane INSURER O: Henderson,NC 27537 INSURER E I INSURER F: COVERAGES CERTIFICATE NUMBER: 777491 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 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADOL SUBRI POLICY EFF POLICY EXP INSR TYPE OF INSURANCE POLICY NUMBER 1MM(DDfYYyy) (MMIDEVYYYY) LIMITS LTR INSR %WO CENERALLIABILITY EACHOCCURRENCE $—1000,000 -TJAfAU"OTrERTED- X CONIMIERCIALG NERALLIASILITY PRE,T MISES(Ea occonrents) $—1-00.1-0-00 r"1z;-1 4/17/15 4/17/16 CLAIMS-1.4ADE L_..__j OCCUR x FPG20011788-02 MED EXP(Ariy one person) $Excluded A PERSONAL&AOV INJURY S 1000000 GENERAL AGGREGATE s2,000,000 GEN1 AGGREGATE UPAITAPPLIES PER; PRODUCTS-COMPJOPAGG s2,000,000 n PRI n 15 -XI POLICY JEG1 LOC AUTOMOBILE LIABILITY Coh,4I31NED SINGLE LV,In` $ — (Ea aceldool) — ANY AUTO BODILY INJURY(Per persom) s ALILOVrNEO O SCHEDULED — AUTOS AUTOS HOULY INJURY(Per acc:denl) $ HIRED AUTOS NON-OWINED AUTOS PROPERTY DAMAGE $ H (Per accident) UMBRELLA LIAR OCCUR EACHOCCURRENCF $ EXCESSILKS CLAIMS-MADE AGGREGATE 15 DEE) RETENT! S VJORKERS CMIFENSAIION H. AND ENIPLOYERS'LIABIL" YIN R— ANY PROPRIETOWPARTNERIEXECUTIVE 0 E.L.EACH ACCIDENT $ OFFICEROAEMBER EXCLUDED? NIA (Mandatory In NI-1) E.L.DISEASE-EA EMPLOYEE It If es,describe under DESCRIPTION OF OPERATIONS Wow E.L.DISEASE-POLICY LIMIT $ 1 B Accident and Health SRG9111254-A-4360-00 4/17/15 4/17116 Plan C 4 15,000 I I DESCRIPTION CFOPERATIONS I LOCATIONS I VEHICLES(Attach ACORO iOl,Addillonal Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION Orange County Government SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 302 W Tryon Street, THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN H[Ilsborclugh,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE @ 1988.2010 ACORD CORPORATION, All rights reserved. ACORD 25(2040106) The ACORD name and logo are registered marks of ACORD