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Home My WebLink About2016-227-E AMS - Nelson Alarms, Inc. for installation of burglar alarm DocuSign Envelope ID: 742EOA27-3C44-4776-BD32-AD6A2FO7984E [Departmental Use Only] TITLE Efland CC B. Alarm-$698 FY 2016 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of April, 2016, ("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 Nelson Alarms, Inc. (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: For the installation of a burglar alarm at the Efland Community Center, as described in the attached proposal dated March 29`h, 2016. The term of this agreement rendered shall be from April 18th, 2016 to June 30, 2016. 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 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 I. 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 six hundred and ninety eight dollars and seventy five cents, ($698.75). 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. 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 Revised 1/16 1 DocuSign Envelope ID: 742EOA27-3C44-4776-BD32-AD6A2FO7984E Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (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, 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 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 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. Modifications may be evidenced by telefacsimile signature. 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 IA 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 affirms 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 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 1/16 2 DocuSign Envelope ID: 742EOA27-3C44-4776-BD32-AD6A2FO7984E IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. OR 7" Y PRO limned by: BJ QFRR(14dF(`Fg$� By: Department Director Title: 200 S. Cameron St. Nelson Alarms, Inc P.O. Box 8181 P.O. Box 10 Hillsborough,NC 27278 Randleman,NC 27317 Revised 1/16 3 Nelson Alarms, Inc. Phone: 336-685-0949 New System Upgrade Addition Toll Free: 1-866-9ALARMI Monitoring P.O. Box 10 Fax: 336-685-5274 Tuesday,March 29,2016 Randleman,NC 27317 www.nelsonalarms.ypgs.net PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: Name: Orange County Asset Management Services Address: Attn: Alan Dorman,Tammy Comar Efland Community Center Date of Installation: Phone: Fax: We hereby propose to furnish the materials and perform the labor for the completion of Installation of Burglar Alarm System to include the following: Quantity Description 1 Control Panel 1 Keypad I Backup Battery Use existing detectors Tax Labor&Installation It is agreed between the parties hereto that Nelson Alarms,Inc.(seller)is not an insurer,and that this agreement in no way binds Seller as an insurer of the premises or of the property of Purchaser,and that in the case of loss or damage to Purchaser resulting by reason of failure of the performance of such services,or the failure of the system to operate,Nelson Alarms,Inc.'s liability shall be nile. All material is guaranteed to be as specified,and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: Six Hundred Ninety-Eight Dollars & 75/100's****$698.75 1/2 Deposit due upon acceptance of this contract. Remaining balance due upon completion of the job. Mastereard,Visa and Discover accepted Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents, or delays beyond our control. Note-This proposal may be withdrawn by Nelson Alarms,Inc.if not accepted within 30 days. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature DocuSign Envelope ID: 742EOA27-3C44-4776-BD32-AD6A2FO7984E NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY INSURANCE 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). INSURED NELSON ALARMS INC. CERTIFICATE ORANGE COUNTY NAME AND PO BOX 10 HOLDER PO BOX 81881 ADDRESS RANDLEMAN, NC 27317 HILLSBOROUGH, NC 27278 COVERAGES 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. Y TYPE OF INSURANCE ADDL:SUBR POLICY NUMBER POLX3YEFF POLICYEXP LIMITS ® COMMERCIAL GENERAL LIABILITY SIVIP 0113241 5/26/2015 5/26/2016 GENERAL AGGREGATE $1,000,000 -OCCURRENCE PRODUCTS-COMPIOPS AGGREGATE $1,000,000 GEN'L AGGREGATE:APPLIES PER POLICY PERSONAL&ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 PREMISETO Qcwrfence $1001000 MED EXP(Anyone person) $5,000 ❑ BUSfNESSOWNERS EACH OCCURRENCE $ AGGREGATE $ ❑ COMBINED SINGLE LIMIT UTOMOBILE LIABILITY (Each accident) $ SCHEDULED AUTOS BODILY INJURY(Per person) $ ❑ HIRED AUTOS BODILY INJURY(Per accident) $ NON-OWNED AUTOS PROPERTY DANIAGE $ Per aoeEdent) ❑ GARAGE LIABILITY ❑ (Other) F1 EXCESS LIABILITY— EACH OCCURRENCE $ OCCURRENCE AGGREGATE $ ® WORKERS COMPENSATION N WC STATUTORY LIMITS lA - - AND EMPLOYERS'LIABILITY WC 0213731 6/21/2015 6/21/2016 E.L.EACH ACCIDENT $100,000 POLICY APPLIES TO THE WORKERS E.L.DISEASE-EAEMPLOYEE $100,000 COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT s500,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE= 8/27/2015 qla'L COI 0910