HomeMy WebLinkAbout2017-404-E AMS - Nelson Alarms, Inc. to install intruder alarm system DocuSign Envelope ID:20818283-1755-42D3-ACCB-4BOBFB3AFOD3
[Departmental Use Only]
TITLE Alarm System
FY 2018
ORANGE COUNTY
CONTRACT UNDER$1,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 16th day of August, 2017, ("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: installation of intruder alarm system at 101 Edgar
Street, Rogers Eubanks Neighborhood Association Community Center, to include labor, control panel, cell
unit, and 4 motion detectors, as detailed in provided proposal dated August 4,2017.
The term of this agreement rendered shall be from August 14, 2017 to August 31,2017.
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 seven
hundred forty dollars and sixty eight cents, ($740.68). Payment shall be made within thirty (30) days of an
invoice properly submitted to County. Should Provider fail to perfoiin 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
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DocuSign Envelope ID:20818283-1755-42D3-ACCB-4BOBFB3AFOD3
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/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 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. 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. 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 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. 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
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DocuSign Envelope ID:20818283-1755-42D3-ACCB-4BOBFB3AFOD3
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]
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DocuSign Envelope ID:20818283-1755-42D3-ACCB-4BOBFB3AFOD3
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANGE COUNTY PROVrIDJM;gned by:
r----Docu igned by: n
By: 2 I f+ tinroori. By: X O is . -I'LL
D`p5MM1 i4 fFrJf?Ector Title:\--13` F9
200 S. Cameron St. Nelson Alarms,Inc.
P.O. Box 8181 PO Box 10
Hillsborough,NC 27278 Randleman,NC 27317
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DocuSign Envelope ID:20818283-1755-42D3-ACCB-4B0BFB3AF0D3
Nelson Alarms, Inc. Phone: 336-685-0940 system I'Upgrade d tr r in
loll Free: 1-866-9A 1..A RM I 1 Monitoring
t t.Box 10 l=ax: 136-685-5274 lugust 04,201'7
Ran ileman,NC 27317 www.nelsonalarms.ypgs.net
:c? OSAI,SUBMITTED'f[.r WORK TO BE.PERFORMED AT:
N.11 re: Orange County A c t NI anangemen I L f 4,. . Address: Rena
11111:
Rena
Date of Installation:
Phone:
Fax:
We hereby propose to furnish the materials and perform the hibnr for the completion of
Installation of Alarm System to include the following:
Quantity Description
Control Pad
1 Cell Unit
4 Motion Detectors
Labor&Installation
Options:
It is arrced het,rtic,n the ran+es rrcrcru that Nchun liarmti.Ilac (,cllci r,Ilat.tit insurer,and that this.agreement in no way binds Seller
ati tan innui it of lht prcmne or t,1 titc I'urJ-haSct,and that In r}r =tt,uof loss or damage[, Purchaser resulting by reason of
l,%IIure III the perfurrraanc+r nt such son Ices.it"the f rrlurc 01 the system to operate,Nelson Alarms,Inc.'s liability shall be rite,
All material is nuaranteed to be as spec ific;d. and the above work to be performed in accordance with the
draw inc;s and specifications submitted for above work and complete d in a substantial workmanlike manner
for the wit of:
SGr Hundred Eighty-Nine Dollars and 00/J 00's***$689.00
Tax: S51.68
Total: 5740.68
f': I)Cpt).:t tlrrc` !vim 'lcceptanc: i)1 ll,l,contract, Remaining balance due upon completion of the job.
_til;r� 1111,E r and 1)I',eo,,ei llL(,_piit1 Any alteration or deviation Iron) abirve 'po:ilic ttlttlls lrllta l w
t•,.. n.:l1 upon written order, and will become an e\trll shut�e over and rilove the
1�� _ I! •;, \ �' upon 'strikes. accidents. Or Cfl.'liI`'` hey0Ild otlr el�tltr{)1.
{ ..i 1 H 'Je1,wt Alarms_1 L it nit.r, iii''ti 4411Enn
1,III, 1
fl rvccept.lnl't 01 1',)i1`,al
The above prices, sped ;I of'. .,rd condiiu tl. are satistartor and are hereby accepted. You are
,Iatl-i,,ri/ed to do the uo rf as speeltied. Payments t+ilE be made as outlined above.
I). i ' tii rarlttlrc
I
DocuSign Envelope ID:20818283-1755-42D3-ACCB-4BOBFB3AF0D3
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 I.
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 CERTIFICATE ORANGE COUNTY
NAME AND PO BOX 10 HOLDER PO BOX 8181
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.
X TYPE OF INSURANCE ASSO POLICY NUMBER MYF � LIMITS NI WV ( O DN YY) IM�IYY)
❑ COMMERCIAL GENERAL LIABILITY SMP 0113241 5/26/2017 5/26/2018 GENERAL AGGREGATE $1,000,000
-
-OCCURRENCE PRODUCTS $0
GEN'L AGGREGATE APPLIES PER POLICY PERSONAL&ADV INJURY $1 000 000
EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED $100,000
PREMISES(Ea Occurrence)
MED EXP(Any one person) $5,000
❑ EACH OCCURRENCE $ At ,
BUSINESSOWNERS
AGGREGATE $
COMBINED SINGLE LIMIT $
AUTOMOBILE LIABILITY (Each accident)
❑ SCHEDULED AUTOS BODILY INJURY(Per person) $
.
❑ HIRED AUTOS BODILY INJURY(Per accident) $
❑ NON OWNED AUTOS PROPERTY DAMAGE $
(Per accident) .
❑ GARAGE LIABILITY
❑ (Other)
EACH OCCURRENCE $
❑ EXCESS LIABILITY--
OCCURRENCE AGGREGATE $
WCSTATUTORYLIMITS ':
® WORKERS COMPENSATION N/A
AND EMPLOYERS'LIABILITY WC 0213731 6121/2017 6/21/2018 E.L.EACH ACCIDENT $100,000
E.L.DISEASE-EA EMPLOYEE $100,000
POLICY APPLIES TO THE WORKERS
COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT $500,000
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 8/10/2017 veJJ��
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COI 0910