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HomeMy WebLinkAbout2016-483-E AMS - Image360 - North Raleigh for Library Kiosk Wrap DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 [Departmental Use Only] TITLE Kiosk Wrap FY 2015/2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 24th day of August, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Image360 (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: Provide labor and materials to install Library Kiosk Wrap per estimate E-1319 dated 7/5/16. The term of this agreement rendered shall be from August 24, 2016 to September 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 1. 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 One- Thousand, Four Hundred Seventy-Nine Dollars &Eighty Cents, ($1,479.80). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 6/16 1 DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 incorporated herein by reference and may be viewed at http://www.orangecountvnc.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of NA (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, its agents, or assigns directly or indirectly related to the Services to be performed • pursuant to this Agreement 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. County may suspend this Agreement upon reasonable notice to the 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. 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 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 6/16 2 DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER Docu Signetl by: Docu Signetl by: By:�1�JOln A it l�avKc VSLul By: Pub�al, Y Pres Gent ' County Manager Title: 200 S. Cameron St. Image 360 North Raleigh P.O. Box 8181 8471 Garvey Drive Ste 101 Hillsborough,NC 27278 Raleigh,NC 27616 is Revised 6/16 4 DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 8471 Garvey Dr ESTIMATE Suite 101 Raleigh,NC 27616 -1319 Phone: (919)307-4119 Created Date: 7/5/2016 Ordered By: Libbie Hough I(hough @orangecountync.gov (919)245-2539 Bill To: Orange County Public Library Pick Up: Image360-North Raleigh 137 W. MARGARET LANE 8471 Garvey Dr HILLSBOROUGH, NC 27278 Suite 101 Raleigh, NC 27616 Salesperson: Laine Horton Payment Terms: Cash Customer Entered By: Laine Horton Order Description: Library Kiosk- Opt 1 'unit price rounded to 4 decimal places # I Product Description I Quantity I Unit Price* I Amount 1 Library Kiosk Wrap 1 $960.00 $960.00 1.1 Calendered Digital Vinyl-Front&Back Panels Part Qty:6 Width:31.50" Height:78.50" Lamination -Lamination Type:Intermediate Calandered 1.2 Calendered Digital Vinyl-Side Panels-Doors Part Qty:2 Width:40.00" Height:78.50" Lamination -Lamination Type:Intermediate Calandered 1.3 Calendered Digital Vinyl-Narrow Side Panels Part Qty:2 8.00" Height:78.50" Lamination -Lamination Type:Intermediate Calandered 1.4 Calendered Digital Vinyl-Top of Screen(Triangular Cap-TOP) Part Qty:1 Width:31.50" Height: 12.00" Lamination -Lamination Type:Intermediate Calandered 1.5 Calendered Digital Vinyl-Top of Screen(Triangular Cap-ENDS) Part Qty:2 Width: 10.00" Height:6.00" Lamination -Lamination Type:Intermediate Calandered 2 Installation 1 $455.00 $455.00 2.1 In House Installation- #of Hours:7 Generated On:8/3/2016 9:43 AM www.image360northraleigh.com Page 1 of 2 DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 General Terms and Conditions: Sub Total: $1,415.00 Sales Tax: $64.80 •Work on the order will begin after Image360—North Raleigh ("We") receives a Total: $1,$64.80 signed copy of this estimate from customer("You")and arrangements for payment have been made. To begin your project we require a 50% down Amount Paid: $0.00 payment. We accept checks, debit cards and all major credit cards. Balance is Amount Due: $1,479.80 due on pickup/delivery of product. •This estimate covers only the services outlined above. If the scope of the work changes, revisions and additions will be charged accordingly. •Your sign or graphic is a custom piece of work; if you require changes to your order after it has been approved, additional charges may apply—including but not limited to design services, cost of any goods manufactured and any restocking fees. •This estimate includes two (2) proof revisions. Additional proofs will be charged extra. •This estimate does not include installation unless specifically mentioned as a line item in the estimate. For indoor installations, it is the responsibility of the customer to ensure areas are clear of furniture and walls are prepped. For outdoor installations,we are not responsible for amending existing structure for load and wind bearing. •All estimates are valid for 60 days. Vehicle Graphics Requirements & Liability: •Vehicle needs to be thoroughly cleaned of all surface dirt by customer. Additional charges may be incurred if vehicle is not provided in clean condition. •We cannot assume responsibility for property damage caused during the installation or removal of graphic films. This is an assumed risk on behalf of the property owner and there is an expected general wear and tear to any substrate upon removal and installation of graphic films over time. • If we are asked to cover existing vinyl decals,we cannot be held liable for any damage caused during the installation or removal of these decals. • In some cases, the cutting of film on the painted surface is required. Marks on the surface may be visible after the film and/or adhesive is removed, due to cuts at the time of install, or the tools required for removal. If chemicals are required to remove the film or adhesive, a small area will be tested. Paint may be affected by these chemicals, especially repainted areas. •Any concerns with a vehicle wrap must be clearly visible at 10 feet from the vehicle. • Installations cancelled within 1 business day of the scheduled date may incur cancellation charges. Signature: Date: Thank you for your business! It is our mission to provide you with the best product and service. We have a passion for excellence! If you have any questions, please contact us at info @image360northraleigh.com or at 919-307-4119. Image360—North Raleigh—8471 Garvey Drive, Suite 101, Raleigh, NC 27616 Generated On:8/3/2016 9:43 AM Page 2 of 2 DocuSign Envelope ID:401AF540-6487-44CD-AB00-3691 BB3FAD55 APOLL-1 OP ID:SG CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) NCE TE M/2016 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 Sarah Glover Goodman Venegas Insurance A NAME: 2800 Livernois,Ste.170 Agy. PHONE FAX Ext):248-740-9090 (A/C,No): 248-740-9191 Troy,MI 48083-1215 E-MAIL s lover oodmanvene as.com Sarah Glover ADDRESS: 9 @9 g INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Insurance Co. 002516 INSURED Apollo Ventures Inc INSURER B: Image 360 N Raleigh 8471 Garvey St Ste 101 INSURER C Raleigh, NC 27615 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 680-003G986049 10/19/2015 10/19/2016 DAMAGE TO RENTED 300 000 PREMISES(Ea occurrence) $ , MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) , , _ A ANY AUTO 680-003G986049 10/19/2015 10/19/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) _ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE CUP-003G987138 10/19/2015 10/19/2016 AGGREGATE $ 1,000,000 DED X RETENTION$ 5000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N A ANY PROPRIETOR/PARTNEEXECUTIVE R/ UB-4G515840 10/19/2015 10/19/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 PROPERTY 75,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate holder is additional insured with respect to the general liability per written contract/agreement CERTIFICATE HOLDER CANCELLATION ORANGE3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ccit t the/nL SA) � - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD