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HomeMy WebLinkAbout2016-624-E Economic Dev - McMorrow Hospitality Group, Inc. dba Carolina Livery for bus tour DocuSign Envelope ID: BFFE892E-E21B-4B19-88F3-8B595CF3CA61 [Departmental Use Only] TITLE 10 FY ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 25th day of October, 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 McMorrow Hospitality Group Inc., bda Carolina Livery Service (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: To provide midsize bus transportation services for a tour on November 12, 2016 from 1:00 p.m. until 6:00 p.m. in Hillsborough,NC The term of this agreement rendered shall be from 11/12/16 to 11/12/17. 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 Eight Hundred and Ninety Five Dollars, ($895.00). 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 6/16 1 DocuSign Envelope ID: BFFE892E-E21B-4B19-88F3-8B595CF3CA61 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: BFFE892E-E21B-4B19-88F3-8B595CF3CA61 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID: BFFE892E-E21B-4B19-88F3-8B595CF3CA61 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORAGE.COENTY PRO A Maned by: botiuutdf, tka"murstui Pucfiaa 14fc?'7ovvow By: ose7-ssEan... By: .ears... County Manager Title: Presi.en 200 S. Cameron St. McMorrow Hospitality Group, Inc. P.O. Box 8181 PO Box 80143 Hillsborough,NC 27278 Raleigh NC 27623 Revised 6/16 4 DocuSign Envelope ID:BFFE892E-E21B-4B19-88F3-8B595CF3CA61 Personal Message: Good afternoon Mike,I hope this email finds you well.I have attached your contract to be signed along with the credit card authorization form.We will need the exact pickup and drop off locations. Please let me know if you have any questions.Have a great day! Best,Megan McMorrow Hospitality Group Invoice: 613978 Inc., dba Carolina Livery Service Invoice 10/18/2016 PO Box 80143 Date: Raleigh,NC 27623 Terms: DUR Ph: (919) 957- 1111 Email: carvanbus @carolinalivery.net Bill To: Mike Ortosky , NC PO/Reference # Vehicle type: 11/12/2016 Category D Flat Rate: 895.00 21555 01:00 PM PU:—:TBA Hillsborough NC Mid-Sized Bus $895.00 DO:—:TBA Hillsborough NC Contract 06:00 PM passenger count:43 Terms: 1)Reservations are non-cancelable. 2)Full payment due immediately to confirm service. 3)Credit card will be charged upon receipt. 4)Any service beyond the above schedule will be billed at the hourly rates below per vehicle per hour rounded to the next nearest half hour. SUV/TC:$79 Category A: $89 Category B:$109 Category C:$119 Category D: $129 5)All parking,tolls,and fees are the responsibility of the group. Please review,sign,and return to confirm/guarantee service. DocuSigned by: ltik 1OSbL 11/2/2016 *e1cr8r2 cA... Signature Date Mike Ortosky (919) 270-6528 Day of service Contact Day of service contact phone# Subtotal 895.00 Discount 0800 Administrative Fee 0.00 Grand Total 895.00 Paymlrme t» 0.00 Total Due 895.00 DocuSign Envelope ID: BFFE892E-E21B-4B19-88F3-8B595CF3CA61 MCMOHOS-01 NCVAXM AcoRL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `••---� 10/24/2016 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). CONT PRODUCER NAMEACT Anita Milligan American Highways Ins.Agency PHONE 3250 Interstate Drive (A/C,No,Ext):(g00 AX)935-2442 (FA/C,No): (330)659-8912 Richfield,OH 44286 E-MAIL i hi hwa sinsurance.com ADDRESS:servce g y INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Interstate Insurance Company 32620 INSURED INSURER B: McMorrow Hospitality Group Inc.DBA Carolina Livery Service INSURER C: 2550 Bittersweet Drive INSURER D: Durham,NC 27705 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 TYPE OF INSURANCE INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE X OCCUR DPP2417920-10 08/01/2016 08/01/2017 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 5,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY PRO- JECT PRODUCTS-COMP/OP AGG $ 5,000 000 JECT � OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 100 000 (Ea accident) , A X ANY AUTO DPP2417920-10 08/01/2016 08/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X N PROPERTY DAMAGE ON-OWNED AUTOS (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,900,000 A X EXCESS LIAB CLAIMS-MADE DEX2417920-07 08/01/2016 08/01/2017 AGGREGATE $ DED RETENTION$ AL Only $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE DWC2417920-09 08/01/2016 08/01/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Physical Damage Deductibles: Charter Vehicles:$5,000 Specified Perils/Collision Limo/School/Transit Vehicles: $2,500 Specified Perils/Collision Private Passenger/Service Vehicles: $1,000 Comprehensive/Collision CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE range County(NC) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN O O a South nty(NC)St. ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Mike Ortosky Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE j#‘ • ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD