The URL can be used to link to this page

Home My WebLink About2017-470-E AMS - GPS Mobile Solutions for GPS Tracking Annual Service Agreement thru 6-30-2018 DocuSign Envelope ID:9507D755-14CD-4F0C-A7AF-0B572F4D3DB8 [Departmental Use Only] TITLE GPS Vehicle Tracking FY 2018 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of September, 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 GPS Mobile Solutions 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: GPS Vehicle Tracking Equipment and User License annual agreement, as detailed in provided quote 10106482, dated July 10, 2017. The term of this agreement rendered shall be from July 28, 2017 to June 30, 2018. 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 thousand two hundred twenty nine dollars and thirty eight cents, ($7,229.38). 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 2/17 1 DocuSign Envelope ID:9507D755-14CD-4F0C-A7AF-0B572F4D3DB8 incorporated herein by reference and may be viewed at http://www.orangecountync.gov/dopartmonts/purchasing division/contracts.php). 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.goy/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. 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 Revised 2/17 2 DocuSign Envelope ID:9507D755-14CD-4F0C-A7AF-0B572F4D3DB8 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:9507D755-14CD-4F0C-A7AF-0B572F4D3DB8 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANgE 'O!NTY PROVIHEI ocu igne y: ocu igned by: By: ittA /t,tf, kauhwle,r'sLUI By: ti1roL ountSPREMer Title: r•wrzEsposci al i st 200 S. Cameron St. GPS Mobile Solutions P.O. Box 8181 920 Paverstone Drive Suite E2 Hillsborough,NC 27278 Raleigh,NC 27615 Revised 2/17 4 DocuSign Envelope ID:9507D755-14CD-4F0C-A7AF-0B572F4D3DB8 QUOTE GPS MOBILE SOLUTIONS 920 Paverstone Drive Ste.E2 TRANSACTION NO. 10106482 RALEIGH,NC 27615 INVOICE DATE 10 JUL 2017 ACCOUNT NO. 19798 P.O.NUMBER LOCATION 101 Bill To SALES REP MM Alan Dorman INVOICE TERMS Upon Receipt Orange County EMS DUE DATE 11 JUL 2017 510 Meadowlands Drive HILLSBOROUGH, NC 27278 SHIP VIA (919)2456100 SKU QTY DESCRIPTION UNIT PRICE EXTENDED PRICE GO7-CDMAVZW 20 Geotab Go7-CDMA Verizon 165.00 3,300.00 IOX-AUX 20 Geotab Auxiliary Cable 45.00 900.00 IOX-NFCREADER 13 Geotab IOX-NFCREADER 100.00 1,300.00 GEO-NFCFOBBLU 100 Geotab Blue Fob 10.00 1,000.00 HRN-GS09K2 9 Universal Heavy-Duty 9-Pin T-Harness Kit 25.00 225.00 SUBTOTAL $6,725.00 State sales tax $319.44 County tax $151.31 Transit tax $33.63 TOTAL AMOUNT $7,229.38 GPS MOBILE SOLUTIONS Page 1 10:06AM DocuSign Envelope ID:9507D755-14CD-4FOC-A7AF-0B572F4D3DB8 ,,,,r1 Erie 444,il e CERTIFICATE OF INSURANCE DATE ISSUED(MM/DD/YY) 8/28/17 Insurance° __THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Home Office • 100 Erie Insurance Place • Ere,Pennsylvania 16530 • 814 870 2000 To free 1 800,458 0611 • Fax 814 870 3120 • vywvy et leinsurance corn NAME AND ADDRESS OF AGENCY BAREFOOT INSURANCE GROUP INC AGENTS NO. ...-m-: . 1 11, 1 01,•,1' 2014 S MAIN ST ST E',606 113437 a.:D ERIE IN 1.111ANCEPMFERTY&CASUA T)(COMPANY ) NA7AKE l'OlEST„NC 275874339 Co.:E EpleElInNdSeUmRnA.NC EXCHANGE Not Applicable Indemnity ou Attorney-In-Fact in NY Go:E .:111E111/41SURANCE COMPANY NEW YORK Co.:G "-TAGSHIP CITY INSURANCE COMPANY (919)21"7-5870 This certificate is issued for information purposes only and confers NAMEAN1AiDRESS OF NAMED INSURED no rights on the certificate holder. It does not affirmatively or negatively amend,extend,or otherwise alter the terms,exclusions ( PS MOBILE SOLUTIONS INC and conditions of insurance coverage contained in the policy(ies) indicated below.The terms and conditions of the policy(Ies)govern 920 PAVERSTONE DR sTE E2 the insurance coverage as applied to any given situation.limits RALEIGII, NC 27615-4723 shown may have been reduced by claims paid.This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer and the certificate holder. This is to certify that policies,as indicated by the Policy Number below,are in force for the Named Insured at the time that the Certificate is being issued. - oni1CY EFFECD1E FOUCY*'41"t:or , LIMITS TYPE OF INS RANCE _ POLICY NUMBER. __ __ DATERIMiDDPLYL . areili r EACH occ 1.Y.A44.e.. 1,000,000 ]GENERAL LIABILITY Q97 0073701 9/4/16 9/4/17 RRE-0HAm, AGgI9u11,11y-EN.04clEitis_$ ' - [xi COMMERCIAL GENERAL LIABILITY 1 900,000 ,1 CLAIMS MADE NI OCCUR mER E,yp uny_yma Leri_s/N 5 000 - I . _ .._ i,itP,J7RoSoDuNAcTs..L Ag,07„pippIN44U6IIGY: ,11,i)0i0_60,6:0600(0) E 1 GENERAL AGGREGATE 4__ _2,000,00k GEN'L AGGREGATE OMIT APPLIES PER: FS1 POLICY r 11 PROJECT I I LOC F Eil AUTOMOBILE LIABILITY BODILY INJURY "ANY AUTO"(OWNED HIRED, Q09 0430543 9/4/16 9/4/17 uml maul) $ BOO11.Y.INJURY [Xi OWNED ‘F-ACKfiCOCIENTI — $ FS] HIRED PROPERTf DANIAGE $ [xi NON-OWNED BODILY INJURYAND PROPERTY DAMAGE $ 1,000,000 [Ti GARAGE COMBINED 1,000,000 9/4/17 $ F FIT EXCESS LIABILITY Q33 0470171 9/4/16 LX1 OCCURRENCE Air GATE $ 1,000,000 -- -- $ H RETENTION $ --„,..-..---,..„----- F WORKERS COMPENSATION& ......STATUTOR.Y. _...., _ 9/4/17 ACCIDENT $ 1,000,000 EACH ACCIDENT EMPLOYERS LIABILITY Q93 0400496 9/4/16 BODILY INJURY DISEASE $ 1,000,000 POLICY LIMIT BY DISEASE $ 1,000,000 EACH EMPLOYEE OTHER l I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). NAME AND ADDRESS OF CERTIFICATE HOLDER ORANGE COUNTY AUTHORIZED REPRESENTATIVE PC)I30X 8181 IIIII,SBOROUGI I,NC 27278 " EIG6230 8/11 Page 1 of 1 DocuSign Envelope ID:9507D755-14CD-4FOC-A7AF-0B572F4D3DB8 1 Erie 111 e CERTIFICATE OF INSURANCE DATE ISSUED(MMI/DD/YY) 8/28/17 Z4.44"444. Insurance° _THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY— Home Office • 100 Erie Insurance Place • Erie,Pennsylvania 16530 • 814 870 2000 Toll free 1 800,458 0811 • Fax 814 870 3126 • WWw enensurance corn NAME AND ADDRESS OF AGENCY 13AREF(/(1T INSURANCE GROUP INC AGENTS NO. _ •■A 4,,,,i,i I I ,:, 11:I 1 0 Co.:E—ER 1 11,1 0.41v 2014 S MAIN ST sTE 606 JJ3437 Co.; ERIE IN RAN E PROPERTY&CASUA TY COMPANY Co,:E ERIE INSURANCE EXCTANGE Not Applicable\ WAKE EoRt,;sT,N(' 27587-4339 Erie Indemnity Co.,Atorney-in-Fact k n NY 82:::FG atigTifftiWXAFE(.86.4PA:11(DRK (919)217-5870 This certificate is issued for information purposes only and confers VAIVEAiiifiAlifillEtS-lif NAMED INSURED no rights on the certificate holder. It does not affirmatively or negatively amend,extend,or otherwise alter the terms,exclusions UPS MOBILE SOLUTIONS INC and conditions of insurance coverage contained in the policy(ies) indicated below.The terms and conditions of the polleylies)govern 92()PAVERSTONE 1)R STE F2 the insurance coverage as applied to any given situation.Limits RALEIGH, NC 27615-4723 shown may have been reduced by claims paid,This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer and the certificate holder, This is to certify that policies,as indicated by the Policy Number below,are in force for the Named Insured at the time that the Certificate is being issued. 5 fAndel TYPE OF INSURANCE POLICY NUMBER .1 REAF/EEN% PRE ; 1. it LIMITS ,,...., , . , , ., _ _ _,....,__ ., ___ ___ _ E fl utNERAL LIABILITY Q97 0073701 9/4/I 7 9/4/18 ,EACH OCCURRENCE $ 12,900,000 FX.1 COMMERCIAL GENERAL LIABILITY FIRE DAMAGEAM One Firs ', 1,000,000 El CLAIMS MADE [xi OCCUR MED EXPIRDINPqrsoiB $ 5,000 , Li PERSONAL&ADM INJURY $ 1,000,p00 GENERALAGGREGATE $ 2,000,(100 GEN't AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG$ 2,000,000 [X1 POLICY 1. .1 PROJECT C1 LOC . ,. E FA AUTOMOBILE LIABILITY 4 2 BODILY INJURY tg -ANY AUTO"(OWNED HIRED, Q09 0430543 9/4/17 9/4/....., pa001$04 $ BODILY INJURY „, FS] OWNED (EACH mow ..4. LX HIRED PROPERTY DAMAGE $ Egi NON-OWNED BODILY INJURY AND PROPERTY DAMAGE t 1 000 000 Cl GARAGE COMBINED ‘P ' ' E El EXCESS LIABILITY E,AGILOMRRENCE $ 1,000,000 Q33 0470171 9/4/17 9/4/18 --- [S] OCCURRENCE MGREGATE _,.. $ 1,000,000 $ Lill RETENTION $ 9/4/18 BODILY E WORKERS COMPENSATION& EMPLOYERS LIABILITY Q93 0400496 9/4/17 ACCIDENT $ 1,000,000 EACH ACCIDENT" INJURY DISEASE $ 1,000,000 POLICY LIMIT BY DISEASE $ 1,000,000 EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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), , . NAME AND ADDRESS OF CERTIFICATE HOLDER ORANGE COUNTY AUTHORIZED RicRERE TAME PO BOX 8181 IIILLSBOROTJG11, NC 27278 EIG6230 8/11 . — Page 1 of 1