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Home My WebLink About2016-511-E AMS - Triangle Office Equipment to disconnect/remove/reconnect furniture to store until painting complete DocuSign Envelope ID: C3E1991C-2B33-492A-A969-983D3B81FC1A [Departmental Use Only] TITLE Whitted B Furn Move FY 2016/17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 31st 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 Triangle Office Equipment(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 terns 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: Disconnect/Remove furniture and place into storage until painting is complete. Once painting is complete return and reconnect/re-install furniture. This is for approximately 5 offices in the Whitted Building B. Per Proposal dated 8/15/16 with unit pricing. The term of this agreement rendered shall be from August 31, 2016 to December 31, 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 Two Thousand Eight Hundred Dollars, ($2,800.00). Payment shall be made within thirty(30) days of an invoice properly submitted to County. Should Provider fail to perfoiiu 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 6/16 1 DocuSign Envelope ID: C3E1991C-2B33-492A-A969-983D3B81FC1A 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 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: C3E1991C-2B33-492A-A969-983D3B81FC1A [SIGNATURE PAGE TO FOLLOW] • Revised 6/16 3 DocuSign Envelope ID: C3E1991C-2B33-492A-A969-983D3B81FC1A IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �Docu Signed by: Docu Signed by: By: bowwu, k.murs[ui B Errui Jotus County Manager Title: a es 200 S. Cameron St. Triangle Office Equipment P.O.Box 8181 300B South Elliott Road Hillsborough,NC 21278 Chapel Hill,NC 27514 i Revised 6/16 4 DocuSign Envelope ID: C3E1991C-2B33-492A-A969-983D3B81FC1A ORANGE COUNTY—DEPARTMENT USE ONLY Department Party/Vendor Name: Triangle Office Equipment Party/Vendor Contact Person: Trey Jones (trey @triangleofficeequipment.com) Contact Phone: 919-929-4203 Party/Vendor Address: 300B South Elliott Road City Chapel Hill State: NC Zip: 27514 Department: OCHD Amount: NTE $2800.00 Purpose: Disconnect / Reconnect Furniture Budget Code(s): 61370035-892000-30012 Vendor # 75 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one)New® Renewal❑ Amendment ❑ Effective Date 8/31/16 Approved by Board Yes❑No Agenda Date: FOS This agreement is approved as to technical form and content: DocuSlgned by 24 n Department Director's Signature ,cF6„ Date: 9/6/2016 Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications, and requirements: DocuS y d by Office of the Risk Management Office lL(sa �awLC ffa Date: 9/6/2016 Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Docu Signed by Office of the Chief Financial Officer C �° III° Date: 9/6/2016 Legal Services This agreement is approved as to legal form and sufficiency: c—Docu Signed by MaA, ret7 rfs 9/7/2016 Office of the County Attorney fl,F_8 a4� Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd a,orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 6/16 5 DocuSign Envelope ID: C3E1991C-2B33-492A-A969-983D3B81FC1A TilangleOfllce Equipment Prepared For: Angel Barnes 8/15/2016 300B South Elliott Rd Orange County Chapel Hill,NC 27514 P:919-929-4203 F:919-929-7647 Prepared By: Trey Jones www.triangleofficeeguipment.com Rep: Trey Jones F: P: 919.245.2628 Rep Phone: Item Qty. Product 1 1 LAB LAB Unit Price to Demo and Re-Install(2 Trips) $400.00 $400.00 Sample Sample Office-8139 TWY Wall Hung Choices Wks Installation Installation-Quoted Per Unit $0,00 $0.00 $400.00 The attached quotation is good for 60 days. Any drawing or specification revisions are subject to re-quote at the current pricing in effect at the time of order. The above quote,drawing,and specifications should be reviewed carefully before ordering. All orders are custom and can not be returned unless a 40% restocking fee is applied. Triangle Office's design and sales team have made every effort to complete accurate plans and specifications. End User approval and signature is required before orders are placed. CLIENT SIGNATURE: DATE: Delivery Contact Person: Delivery Phone#: Delivery Address: Billing Address: C:\Users\trey\OneDrive\Documents\CAP\Projects\Angel Bames.sp4 Page 1 of 1 DocuSign Envelope ID: C3E1991C-2B33-492A-A969-983D3B81FC1A TRIANI4 OP ID: MR CERTIFICATE LIABILITY I U ,DATE(MM/DD/YYYY) 08/25/2016 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 Summers Thompson Lowry,Inc. NAME: Margo G. Roberts,AAI,CISR 100 Europa Drive,Suite 571 INC,PHONE Ext):919-969 5300 j