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Home My WebLink About2017-115-E DEAPR - Inflate-A-Party for egg hunt inflatables DocuSign Envelope ID:EBA98D40-0F61-4E2C-8792-58D0C30E5F84 [Departmental Use Only] TITLE Egg Hunt Inflatables FY 16-17 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9 day of March, 2017, ("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 Inflate-A-Party(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 inflatables and supplies for the Orange County Community Egg Hunt during the hours of 12:00 p.m. - 3:00 p.m. on Saturday, April 8. 2017 Inflatables and equipment include: Dalmation Combo, Obstacle Course, Swamp Stomper, Slide, and two generators. All inflatables are to be staked into the ground per North Carolina State Regulations for Inflatables. The term of this agreement rendered shall be from April 8,2017 to April 9, 2017. 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 three hundred-twenty five and eighty-four cents, ($1,325.84). 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 Revised 2/17 1 DocuSign Envelope ID:EBA98D40-0F61-4E2C-8792-58D0C30E5F84 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 http://www.orangecountync.gov/departments/purchasing division/contra cts.ph p). if County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 consent of the Parties to utilize electronic signatures and 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 Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). 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. Revised 2/17 2 DocuSign Envelope ID:EBA98D40-0F61-4E2C-8792-58D0C30E5F84 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. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 3 DocuSign Envelope ID:EBA98D40-0F61-4E2C-8792-58D0C30E5F84 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: it-if DocuSigned by:inty By: INIAA/t,lt, t'Gi.tMwtt,V'StUi By: " vli"( 9 at..rs er Titl . 806144E6... 200 S. Cameron St. Jeff Kelly,Inflate-A-Party P.O. Box 8181 11781 US HWY 64 West Hillsborough,NC 27278 Apex,NC 27523 Revised 2/17 4 CERTIFICATE OF LIABILITY INSURANCE 3 r2"r'i 0'16 0 TMS CERTIFtCATE IS,ISSUED AS A MATTER OF IWORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE'ITIOLOE WTHIS 0 C CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY 41112 POLICIES 2? BELOW,THIS CERTIFICATE OF INSURANCE ODES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREII AUTIAORIZCD cc =1 REPRESENTATIVE OR PROQUCER,AND THE CERTIFICATE HOLDER. ITI =1 IMPORTANT.If the oerbfi holder is an ADDITIONAL INSURED,Cho policy(ios)roust bo endorsed,I(SUBROGA I ION IS WI U.subloot to < (D the terms and condibons,of the poticy.Certain pi may require an endorsement,A statement on thin cortificato door not confor dri[IR to tho 0 ceftf5--ate hotider In heu of such endorsenI (D�10 DO C ER ContractNaniii LanyCossio ITI Cz��In:surance Agency "64-608-1)ON 03 PO Box 188 �(Ai No,East) > SirrrpisonvdIi SC 29681 (.0 00 (854)688-0121 0 INSUREH(S)AFFORDING GOVCRAGE NArC 0 NSURED INSURER A. NATION WIDEMUTUAL INS CO 6 n , M tinifiate-a-Party-com.INC INSURER B: Borli I Ila III hauion(x)Company 11781 US Highway 64 ITI Apex,NC 27523 'INSURER C: INSURER 11 4 INSURER Er 00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: C) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAM ELI ABOVE rowaw Poticy PLna) wo INDICATED.NOTWITHSTANOINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUME."N't WITH ru-.,srux,.1 To vi ft'lls ITI CERTIFICATE-MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED Hll"IRFIN IS SUBJE C'1`10 At L THE IFRMS. CYI n EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 00 INSR 17Y�EOF P6[CY...... -iU8 POLICY NUMBER POLICY Err POLICY I 11MIT'S,.......... LTR INSR Wi (MWDDfyy) CMWDDrYY) X COMMERCIAL GENERAL LIABBJTY AbusoN olostation-Por Oc-ourronr*1 ExicAuded CLAIMS MADE OCCUR Products&Complotorl Oporritlono $1,000,000 Danigo to Promisas Ronii to You $3(KW),= General Ali(Other I Produals•C $5,1000.000 A TBD 41212016 4W2017 Each Occurronco $1,000,000 GENT.AGGREGATE LIMIT APPLIES PER Personal&Advertising injury $1,000,000 LCaC Legal Liability to Partial ants $1,000,1100 X POLICY PROJECT Prokoisional Linli(far Event Plann $1 000,00D OTHER. Doducliblo None AUTOMOBILE LIABILITY COMBINED SINOLE LIMIr $ ANY AUTO 0,OUILY IN,JURY JI'lar P 11 of 11 on $ ALL OWNED SCHEDULED AUTOS AUTOS 'BODILY INJURY(Pair accklarfl $ HIREDAUTOS NOiWOWNED AUTOS PROPERIYOAMAGE $ (Per"cidonq -7 UMBRELLA LM OCCUR EXCESS LIAB CLAWS MADE ------------ DIED RETENTION S WORKERS COMPENSATION PER AND EMPLOYERS`LIABILITY STATUTE E R ANY PROPRIETORPARTNEWEXECUTIVE YIN OFFICE"EMBER EXCLUDED? N/A (Mau dataq,in NH) It yes,describe ur4er DC SCRI P nON OF OPERATIONS below Loss Period 90 days after the Covered Aocidoni Total Maxitnu In for All Acclidon I Mod Ion I s2s,oria B Acocent Math at PAILD12R0247001 41212016 411 AccidontDt)alt,i&Dlsmorribormotilaonr)t $25000 Appillos During par Covorodl Acci�onl Applios To Death&ClIsmomborroont Brawlits only DESCRIPTION OF OPERATIONS?LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schodulojif more spore Ill required) Party Equipaient Rentals Operations located at 11781 US Hwy 64 Apex,NC 27523.Vorilloation of Insurance Only Amusement devices on file with company.See Attached Inventory.Coverago Is excluded for Mechanical Bull,Rockwall,Trackless Train CERTIFICATE HOLDER CANCELLATION North Carolina Departrnent of Labor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EIII CANCELLED BEFORE Elevator&Amusement Devices Bureau THE EXPIRATION DATE THEREOF,NOTICE WILL BL DEL.IVEREI)IN 1161 Mail Services Center ACCORDANCE WITH THE POLICY PROVISIONS, Raleigh,NC 27699 ED-R,EP I RES I ENTA I T I WE 0 11188.X114 ACORD CORPORATION.All rights reserved, ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD