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HomeMy WebLinkAbout2018-578-E AMS - Pronet annual service agreement DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C [Departmental Use Only] TITLE Pronet Annual 18119 FY 18119 NORTH CA1tOLINA SERVICES AGREEMENT UNDER$90,000.00 NO RF'P/ FQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 5th day of July, 2018, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Pronet Systems INC., (hereinafter,the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Pronet Systems Inc. Annual Service Contract for 20181219 ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to performs and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 10/17 1 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in 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. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Service Agreement for Orange Counny for Period July 1 2015-June 30,2019 4. Duration of Services a. Term. The term of this Agreement shall be from July 1,2018 to June 30,2019. b. Scheduling of Seryiccs. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional Revised 10117 2 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2018. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement.. The maximum amount payable for Basic Services shall not exceed Thirty Three Thousand Two Hundred Seventeen and Twenty Nine Dollars ($33,217.20. Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Tammy Comar) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. 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 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 (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. S. Indemnity Revised 10/17 3 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C a. lndemnity. The Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement, provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. j i i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including; any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. I t e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. Revised 10117 4 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each hind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina.By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are 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 identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has raot been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange County Nan-Discrimination Policy and Orange County Living Wage Policy{each policy is incorporated herein by reference and may be viewed at http:llwww.oran e�tync, og vldepartmentslpurchasing division/contract"hp) Any violation of the Orange County Non-Discrimination Policy 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. d. 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. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by bath parties. Modifications may be evidenced by facsimile signatures. f. Severability. if any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. Revised 10117 5 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement,then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. 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. J. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider's Name Attention:Tammy Comar ProNet Systems INC. P.O. Box 8181 P.O Box 901187 f lillsborough,NC 27278 Raleigh,NC 27675 [SIGNATURE PAGE TO FOLLOW] Revised 10/17 6 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: DocuSigned by: DocuSigned by: 95# "' 31 F06650592A4F5... County anagcr Allen Jelley Printed Name and Title i I i i 1 Revised 10117 7 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C } PRONET SYSTEMS INC. Invoice T P.O. Box 90187 SYSTEMS Raleigh, NC 27675 date Invoice# 61112019 9161 Rill To Ship To Orange County Asset Management Asset Management Orange County PO Box 8181 PO Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 P.O. No. Terms Project Tammy Comar Due on receipt SA 077 Item Quantity Description Rate Amount Service Repair Service Agreement for Orange County for Period July l 2018-June 30,2019 as detailed in ProNct Systems Inc. "Conditions of Service Agreement for Electronic Equipment'. Service Repair 1 Service Maintenance Contract for Period July 1,2018 in 33,217.29 33,217.29"1` June 30,2019. Reference PO 9 TBD and Requisition N TBD 1.5%interest per montb is charged on accounts past 10 days Sales Tax (7.5°la) $2,891.30 Total $35,708.59 Phone# Fax# 919 277 2070 919 277 2072 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 ;<�< 1, Ball To Requisition 00100148-00 FY 2019 ASSET MANAGEMENT ORANGE COUNTY Acct No: PO BOX 8181 10 -20-2402403-20-00-630000- HILLSBOROUGH, NC Review; 27278 Buyer: dcannell Status: Released Page 1 Vendor Ship To PRONET SYSTEMS, INC ASSET MANAGEMENT 3200 GLEN ROYAL ROAD, STE 107 ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 RALEIGH, NC 27617 acooper@orangecountync.gov Tel#919-277-2070 ;delivery Reference ALLISON COOPER 919-245-2625 Date Vendor Date (Ship Ordered Number Required Aa Terms Department 07/05/18 1057979 1 1 12400 ASSET MANAGEMENT SERVI LN Description / Account Qty Unit Price Net Price General Notes CONFIRMING P.O.- DO NOT DUPLICATE ORDER ALREADY PLACED BY DEPARTMENT 001 PRONET ANNUAL SERVICE CON'T'RACT 1.00 33217.29000 33217.29 18/19 EACH 1 10 -20-240-2403--20-00-630000- 33217.29 Shi To ASST MANAGEMENT ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 Delivery Reference ALLISON COOPER 919-245-2625 Requisition. Link Requisition Total 33217.29 ***** General Ledger Summary Section ***** Account Amount Remaining Budget 10 -20-240--2403-20-00-630000- 33217.29 245912 .71 ***** Approval/Conversion Info * ** Activity Date Clerk Comment Queued 07/05/18 ALAN DORMAN Pending JEFF THOMPSON I DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 r ah R�F' 0. ., Bill To Requisition 00100148.00 FY 2019 ASSET MANAGEMENT ORANGE COUNTY Acct No: PO BOX 8181 10 -20-240-2403-20-00-630000- HILLSBOROUGH, NC Review; 27278 Buyer: dcannell Status; Released Page 2 Vendor Ship To PRVNET SYSTEMS, INC ASSET MANAGEMENT 3200 GLEN ROYAL ROAD, STE 107 ORANGE COUNTY 131 W MARGARET LANE, STE 301 HILLSBOROUGH, NC 27278 RALEIGH, NC 27617 acooper@orangecountync.gov Tel#919--277-2070 Delivery Reference ALLISON COOPER 919-245-2625 Date Vendor (Date (Ship Ordered Dumber Required Via Terms Department 07/05/18 6057979 f 1 12400 ASSET MANAGEMENT SERVI IN Description / Account Qty Unit Price Net Price Pending PHYLLIS PONTES Pending DAVID CANNELL DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 CONFIRMATION OF ENROLLMENT THE TERMS AND CONDITIONS OF THIS CONFIRMATION OF ENROLLMENT, INSURANCE AND PROGRAM PROTECTION MAY HOT COMPLY WITH THE SPECIFICATIONS SUBMITTED FOR CONSIDERATION, PLEASE READ THIS CONFIRMATION CAREFULLY AND COMPARE IT WITH ANY QUOTE,APPLICATION AND SUBMISSION DOCUMENTS AND REVIEW THE POLICY FORMS FOR THE ACTUAL COVERAGES PROVIDED.PLEASE NOTE:THIS IS NOT A BINDER OF INSURANCE,FOR SPECIFIC EVIDENCE OF COVERAGE, PLEASE REVIEW THE POLICY ANDIOR CERTIFICATE OR EVIDENCE.AS APPLICABLE,CYBER LIABILITY INSURANCE IS PROVIDED PURSUANT TO ENROLLMENT IN THE DATA THEFT RISK PURCHASING GROUP OR RELATED ENTITY, COVERAGE UNDER THE TERRORISM RISK INSURANCE ACT ITRIA)IS INCLUDED HEREIN, IN ACCORDANCE WITH YOUR INSTRUCTIONS,AND IN RELIANCE UPON THE STATEMENTS MADE BY YOU ANDIOR THE RETAIL I ROKER IN THE ENROLLEE'S APPLICATION, WE HAVE OBTAINED PROGRAM PROTECTION BENEFITS AND INSURANCE AT YOUR REQUEST SUMMARIZED AS FOLLOWS. DATE ISSUED: April 28, 2018 a CLIENT/INSURED: ProNet Systems Inc 3200 Gfen Royal Rd F Raleigh, NC 27617-7419 CONTRACT NO: IF1551241 PROGRAMIPOLICY PERIOD(S): Effective: April 28, 2018 Expiration: April 28, 2019 PROGRAMICOVERA+GE; Core Cyber 1000(0-2.5MM), including; A, Data Risk Liability Insurance B. Covered Expenses C. Identity Insurance(Employee) INSURER: Various, including: A. AIG Specialty insurance Company B, AIG Specialty Insurance Company C. AIG Specialty Insurance Company LIMITS, Annual Aggregate limits of insurance and protection Include: r' Section A. Data Risk Liability Annual Aggregate $1,000,000 Sublimits: Data Risk Liability Insurance $1,000,000 Regulatory fides and penalties $1,000,000 Cyber Extortion $1,000,000 Media Liability $1,000,000 Payment Card Industry (PCI) $250,000 Privacy Loss Mitigation(Response) $500,000 f •a i 0All rights reserved,0518 i DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C Section B: Breach Expense Protection Annual Aggregate $500,000 ; Sublimits: Network Interruption $500,000 Data Destruction/Reconstruction $500,000 Section C: Personal Identity Protection Annual Aggregate NIL Identity Insurance(per enrollee) $15,000 e RETENTIONS: Each and Every Claim 1 Incident A. $1,000 Retention B. $1,000 Retention C. $0 Deductible PROGRAM PRICE: $999.00 POLICY FEES: Not Applicable STATE TAX: Included(Please refer to individual certificates of insurance) STAMPING FEES. Included(Please refer to individual certificates of insurance) STATE SURCHARGES: Included(Please refer to individual certificates of insurance) BROKER FEES, NIL " TOTAL: $999.00 RETROACTIVE DATE: April 28, 2016 ADDITIONAL TERMS 1 CONDITIONS TERMS AND CONDITIONS APPLY AS PER EACH RESPECTIVE POLICY FORM AND APPLICABLE l ENDORSEMENTS, IN ADDITION, PROGRAM TERMS ARE PROVIDED AND PURSUANT TO THE IN CUSTOMER AGREEMENT LOCATED AT HTTPS:I JBIZLOCK.NETICUSTOMER-AGREEMENT CANCELLATION; EACH POLICY IS SUBJECT TO THE CANCELLATION PROVISIONS AS FOUND IN THE POLICY LIES) OR CERTIFICATE($) CURRENTLY IN USE BY THE INSURER(S), THE INSURANCE EFFECTED BY EACH INSURER MAY BE CANCELLED BY THE INSURER (SUBJECT TO STATUTORY REGULATION}BY MAILING,TO THE ENROLLEE AT THE ADDRESS STATED ON THE FACE OF THIS DOCUMENT,WRITTEN NOTICE STATING WHEN SUCH CANCELLATION SHALL BE EFFECTIVE.IN THE EVENT OF CANCELLATION BY THE ENROLLEE, A CUSTOMARY SHORT RATE RETURN OF AMOUNTS ALREADY PAID SHALL APPLY SUBJECT TO THE MINIMUM EARNED PROGRAM PRICE. THIS CONFIRMATION Is ISSUED SOLELY BASED UPON THE PROVIDERS AGREEMENT TO PROVIDE PROTECTION,TOGETHER WITH THE INSURERS AGREEMENT TO PROVIDE INSURANCE AND IS ISSUED BY THE UNDERSIGNED WITHOUT ANY LIABILITY WHATSOEVER AS AN INSURER, T�t�r�.>rt�s r4. Wcra'wc.Gtr�t. Authorized Signature Identity Fraud.Inc,1 SIZLaok Insurance Services 7390 N California Blvd,$'h FL,Walnut Creek,CA 94596 844-432-5625;CA License.OD40585 All rights reserved.0518 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 A►(DIZL7'� oAri itArMmeIYYYyj CERTIFICATE OF LIABILITY INSURANCE 0611812018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIRHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOZES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW. THIS CERTIFICATE OF tNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THIS iSSUINO INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT- If the Cer6ficats holder Is an ADDITIONAL INSURED,the poilcy(les)most have ADDITIONAL INSURED provisions or ue endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies"nay require an andomament. A statement on this Certificate does not confer rights to the certificate holder in Ilau of such andoraarrlent(s). PRODUCER NTA NA E. Amy H.Paschat Ken S.Larvsarl,Jr. PHONE 519.846.2090 ext 106 _._ �'` o,Ex"};�.._ 'ra• 918.846-243$ Lawson Insurance Group,Inc. A 8mly.p0$0ha(@Iawsonlns,com 6512-101 Six Forks Rd. IrisyF�Rts�arraRnPrrocovFRna "IAICir Raleigh,NC 27615 T_--- INSURER Nat€onw�de Nitrtuai Ittsclrance CoInlSlttty ,23787 INSURED -_ Ituuptft a: NorGUAIRD Insurance Company �26B44 ProNet Systems,Inc, IN�IxC � 3200 Glen Royal Road INBURER0t --- Suite 107 swsuROR e Raleigh,INC 27617 rrsvRSre _.-�� COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO GERTiFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH5TANDING ANY RECRAREMENT,TERM OR CONOMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY or ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES Dr-SCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS.SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIh15. INSR AQ�LTS &. _--- . TR TYPE ON I PQ4ICY NUNgER _ M..tt �. P ll E Y E L1MSffa •. i x COMMERCIAL 01NEAALLIASILITY y ACP 2 202894383 02122120180212212019 EACH6C4URREr40E s 1,000,000 A CLAIMS-MADE t^1 OCCUR �wo"o-a c — P ull s c rar s•100,000 ]( Contractual Uability MEDEXalann 6,000 _ Contractor's Enhancement r-ERSONALGADJINJURY s 1,000,000 I GEN'LAGGREGATEUMIT APPLIES PER: GENERALAOGFEwrs s 2,000,000 }C PoucY L^1� r Loo PROucrs co.+.Pakoo s 2,OGD,O10 OTU s AUTd1Il0YILBLVlBEIJ"'/ hA ItCUQ41 f ILE 11. i ANY AUTO 9WLYINJURY ftperwn) { OLEO SC19ECULEO 14ITa96NLY RUTOS aODILY INJURY{P�atetpftpbnl} AUTOS ONLY f X ILIMOR UALIA5 ILI OCCUR Y ACP 2202984363 0212212078 0212212019_EAcuoccuRncrx€ 5 4,000,00 A X EXCESS LIDS CLNMS-WADE AGGREGATE s 4,000,004 O X I RET ENT I Ns Nun& s Yr47RKERSCOMPE,NSATION y PRWC838166 - 0410312018 04/0212015]( s°. T �rr• AND O MPLOYERs"LLARIIJTY ���. Ah'YPAOPMETORJPARrHEW.XKUTIVE YEN EN5 IDEIII _FICF"A9fABLRLXCLUDEO? ® NIA $1,OOEi,001}{INigll'ryNv EA EMPLOYE s 1,000,000 99 Cesactte rxldas$( IPTION �OPERAT104SbN" POLICY b 1,0{10,000 Taois#nd Equipment on Floater 75,000,Limit A Commercial Inland Marine ACP 2202994383 07122120180212212019 ors Equip- 22,260,Limit All Job Sikes of the Insured 00,Ded r pect)vely Da80RI TION OP OPERATIONS I1.00AT"ON81 VOICLIS tACORD 101,Addt0malRlr urki Inhedlels,may N ahaohed If MOO apace is mqurredj Orange County is included as additional insured and waiver of subrogatlon applies per Blanket Contractors Enhancement Endorsement CG 72$a underthe general liability policy(please refer to attachments). The uMbrellalexcess liability policy is"fallow form", Blanketwaiverof subrogation also applies to the workers compensation policy(see atlached). CERTIFICATE HOLDER CANCELLATIO14 Orange County P.0.Box alai SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE iliilaboratlgh,NC 2727$ THE EXPIRATION DATE THEREOF, NOTICE WALL 69 DELIVERED 114 ACCORDANCE NIETHTHE POLICY PROVISIONS, i Email_ abames @orangecountync.gov Avnsor x oREPR sNTAT E Email: anitaj @pronetsystemsnc.com / r I t~mrtll: patfabprnnntsystemsno,com '�.'•,�+�-,�'%rr r�:LC:��,�y„,,(� (01988.2015 ACORD CORPORATiON. Ali rights reserved. ACORD 26{2018103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 COMMERCIAL GENERAL LIABILITY CO 24 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIA131LITY COVERAGE PART X Section li — Who Is Are Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the fallowing additional organization for whom you are performing exclusions apply, operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1 "Bodily injury„ "'property damage"' or "personal added as an additional insured on your policy, and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for 'bodily professional archliecturai, engineering or injury" "property damage" or "personal and surveying services,including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 7. Your acts or omissions;or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifications;or in the performance of your ongoing operations for h. Supervisory, inspection, architectural or the additional insured. engineering activhies. However, the insurance afforded to such This exclusion applies even if the claims against additional Insured; any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or moniloring of others by that insured, if the 2. 'Will not be broader than that which you are "occurrencee' which caused the '"bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the "personal and advertising injury", involved the A person's or orrdanizal€en's status as an rendering of or the failure to render any additional insured render Mir endorsement ends professional architectural, engineering or when your operations for that additional insured surveying services, are completed. CG 20 33 04 13 0 insurance Services Office,Inc.,2012 Page 1 of 2 ACP GLO 22029943$3 GIGS 17362 INSURED COPY as a0 E26S2 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 CG 20 39 44 13 2. "Bodily injury or "property damage" occurring C. With respect to the insurance afforded to these after, additional insureds, the following is added to a. All work, including materials, parts or SectlOh III—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additlond such work, on the project jother than insured is the amount of Insurance: service, maintenance or repairs) to be I. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insurod�s) at ilia location of the covered or operations has been completed;or b. `Chat portion of"your work" out of which the 2' Available under the applicable Ltrnfts of Injury or damage arises has been put to its Insurance Shawn in the Declarations; Intended use by any person or organization whichever is less, other than another contraotor or This endorsement &hall not increase the subcontractor engaged in peilorming applicable Lirnlfs of Insurance shown in the operations for a principal as a part of the Declarations, same project. All terms and conditions apply unless modified by this endorsement. i Page 2 of 2 chi Insurance Services Office,Inc.,2012 CO 20 33 414 13 RCP GLO 2202904383 31GB 17362 WSURED COPY 35 0032843 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8FlB-890606623980 COMMERCIAL GENERAL LIABILITY CG 72 88 121$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage C. 'Non-fawned Watercraft I. Under Section I—Coverages, Coverage A Under Suction I — Coverages, Coverage A Bodily Injury And Property Damage Bodily Injury And Property Damage Llability, Liability, coverage is extended to include 2. Exclusions Exclusion g. Aircraft, Auto or the following: Watercraft Paragraph(2)(a)Is replaced with: If a customers master or grand key, (a) Less than 51 feet long;and excluding electronic key card, is lost, D. Expanded Property Damage Coverage damaged or stolen while in your care, I. For the purposes of this endorsement only: custody or control we will pay the cost of replacing the keys, Inoluding the master lack Section I — Coverages, Coverage A and all Keys used in the same lock,the Cost Beadily Injury And Property Damage of adjusting lacks to accept the new keys,or Liability, 2. Exclusions, Exclusion j. the cost to replace the locks, whichever is Damage To Property is amended as less. follows: 2. Limit of Insurance—For the purpose of this a. Paragraphs (3), (5), and (6)are deleted coverage, the most we will pay is $1o,400 in their entirety. per"occurrence". b. Paragraph (4) is deleted in its entirety S. Voluntary Property Damage and replaced with 1. Under Section I — Overages, Coverage A (4) personal property in the care Bodily Injury And Properly Damage Liability, custody,or control of the insured: coverage is extended to include the following: (a) For storage or sale at premises At your request, we will pay for "properly you sawn,rent or occupy;or damage"to property of oihers caused by you (b) While being transported by any and while in your possession,arising out of your aircraft, "auto", or watercraft business operaiaons area occurring during the owned or operated by or recited policy period. to or loaned to any Insured, 2. Limit of Insurance—f=ar the purpose of this c. Tile coverage provided by this coverage the most we will pay is$1,5 00 per endorsement does not apply to "occurrence". "property damage": f . Nora-fawned Watercraft (1) Arising out of the disappearance or Under Section I w- Coverages, Coverage A lass of use of personal property;or Bodily Injury And Property Damage Liability, (2) Included in the "products-completed 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard". Watercraft Paragraph(2)(aI)is replaced with; (a) Less than 51 feet long;and CG 72 88 121$ Includes copyrighted meterial of Insurance 5ervlces Office,Inc.. Page 1'Of 5 with its perrntssion. ACP GLO 220,994303 sloe 17302 INSURED Carr 36 0012667 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 Cif 72 88 12 16 2. Limit of Insurance - The most we will pay F. Supplementary Payments for loss arising out of any one "occurrence" tinder Section i Coverages, Supplementary is$6,000. Payments — Coverages A and B Paragraphs 3. Deductible - Our obligation to pay for a 1.b, and 1.d.are replaced with: covered lass applies only to the amount of b. Up to$2,500 for cost of ball bonds required loss in excess of$250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies, notification having been taken you shall We do not have to furnish these bonds. promptly reimburse us for the deductible as d. All reasonable expenses incurred by the has been paid by us. insured at our request to assist us In the This insurance is primary to any expanded investigation or defense of the claim or damage coverage provided by a separate „suit", including actual loss of earnings up to endorsement attached to this policy, and it $500 a day because of time off from work, will supplant any deductible in said 0. newly Formed And Acquired organizations endorsement. E. Damage To Premises Rented To You Under Section 11 -- Who is An Insured Paragraph 3.a.is replaced with 1. Under Section I--Coverages, Coverage A a. Coverage under this provision Is afforded Bodily Injury And Property- Damage only until the 18014 day after you acquire or Llabtllty, the last paragraph of 2. lorm the organization or the end of the policy Exclusions is replaced with: periled,whichever is earlier; 11 Damage To Premises Rented To You is H. Additional insured — Automatic Stetus When not otherwise excluded, Exclusions e. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke, or sprinkler Section tl--Who Is An Insured is amended to leakage to premises while rented to you or temporarily occupied by you with permission include; of the owner. A separate limit of Insurance 4. Any person(s) or organizations) described applies to this coverage as described In in Paragraphs a. —d. below with whom you Seotfon III--Limits Of Insurance. have agreed in writing In a contract or 2. Under Section Ill -- Limits Of Insurance, written agreement that such person or Paragraph 6.is replaced with: organization be added as an additional 6. Subject to 5. above, the Damage To insured on your policy during the policy Premises Rented To You Limit is the period shown in tite Declarations. most we will pay under Coverage A for The person or organization added as an damages because of"property damage insured by this endorsement 1S an insured to any one premises, while rented to only for liability due to: you, or in the case of damage by fire, a. Lessors of Leased Equipment with lightning, explosion, smoke or sprinkler respect to their liability for"bodily injury", leakage, while rented to you or "property damage", or "personal and temporarily occupied by you with advertising injury',caused In whole or in permission of the owner. The limit is part by your maintenance, operation or increased to$1,000,000. use of equipment[eased to you by such 3. Under Section ill — Commercial General person(s) or organlzation(s), This Liability Conditions, Condition 4. Other Insurance does not apply to any Insurance, b. Excess Insurance(1)(a) (ii) "occurrence"which takes place after the Is replaced with: lease expires. (11) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage insured under this policy ends when insurance for premises rented to their lease, contract, or agreement with you of temporarily occupied by you you for such leased equipment expires. with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services office,Inc„ CG 72 88 1216 with its permission. ACP GLO 2202994303 610a 17382 INSURED COPY 35 0012868 i 1 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 CG 72 881218 b. Managers or Lessors of Promises d. Owners, Lessees, or Contractors with with respect to liability arising out of the respect to liability for "bodily injury", ownership, maintenance, or use of that "property damage", or "personal and part of the premises you own, rent, advertising injury"caused, in whole or in lease,or occupy. part,by: This insurance does not apply to: (1) Your acts or omissions;or (1) any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that struction or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization, behalf. However, their status as additional The insurance does not apply to: insured under(his policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. 'State or Political subdivision — arising out of the rendering of or the Permits Relating to Premises with failuro to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in a re connection with premises you own, rent ( ) The preparing,g, approving, or failing to prepare or approve or control and to which this insurance applies: maps, shop drawings, opinions, reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications:or advertising signs, awnings, (b) Supervisory, inspection, archi- cainopies, cellar entrances, coal tectural, or engineering aotiv holes, driveways, manholes, ides, marquees, hoist away openings, sidewalk vaults, street banners, or (2) "Bodily injury"or "property damage" decorations and similar exposures; occurring after: or (a) All work, including materials, (2) The construction, erection, or parts, or equipment famished in removal of elevators:or connection with such wolf, on the project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional Insured(s) at the (1) "Bodily injury" or "property damage" location of the covered or "personal or advertising Injury' operations has been completed; arising out of operations performed or for the state or municipality;or (b) That portion of "your work" out (2) "Bodily injury" or `property damage" of which the injury or damage inctuded within tite "products- arises has been put to its completed operations hazard". intended use by any person of organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged In performing insured under this policy ends when the operations for a principal as a permit ends. parl of the same project. i I CG 72 881218 Includes copyrighted material of Insurance Services Offlo,Inc., Page 3 of 5 with its permission. AOF OLD 22029"383 5100 17362 INSURED COPY 35 0012669 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-89060662398C CG 72 88 12 16 However, a person or organization's This coverage does not apply if Coverage C - status as additional insured under Medical Payments is excluded either by the this policy ends when your provisions of any coverage forms attached to the operations for that additional insured policy or by endorsement. are completed, K. Knowledge Of An Occurrence With respect to the insurance afforded to Under Section iV - Commercial General such additional insureds a. -- d. described Liability 0onditions, the following Is added to above the following is added to the Sectlon Condition 2. Duties - in The Event of III--Limits Of lnsurance: Occurrence, Offense,Claim Or Suit; If ceverage provided to the additional e. Knowledge of an occurrence, offense, claim insured is required by a contract or or suit by an agent or employee of any agreernernt, the most wG will pay on behalf of insured shall not in itself constitute the additional insured is the arnount of knowledge of the insured unless you, a insurance: partner, if you are a partnership, or an 1. Required by the contract or agreement: executive offloer, or insurance manager, if or you are a corporation receives such notice 2, Available udder the applicable Limits of of an occurrence, offense, olairn, or suit from Insurance shown In the Declarations; the agent or employee, whichever is less, f. The requirements in Paragraph b. will not be This endorsement shall not increase the considered breached unless there is applicable Limits of Insurance shown in the knowledge of occurrence as outlined in Declarations. Paragraph a.above. However, the insurance afforded to such L. Unintentional Failure To Disclose Hazard additional insureds a,-d.described abcve: Under Section IV - Commercial General 1. Only applies to the extent permitted by Liability Conditions, Condition 6. law; and Representations the following paragraph is 2. Will not be broader than that which you added' are required by the contrast or d. Your failure to disclose all hazards or prior agreement to provide such additional occurrences" or offenses existing as of the insured. inception date of the policy shall not I. Aggregate:Limit Per Project prejudice the coverage afforded by this l policy provided such failure to disclose all 1, Under Sectlon III - Limits Of Insurance The hazards or prior"occurrences"or offenses is following paragraph is added to Paragraph 2; not Intentional. This provision does not The General. Aggregate Limit under Section III affect our right to collect additional premium Limits Of Insurance applies separately to each or exercise our right of cancellation or non- of your construction projects away from renewal, premises owned by or rented to you. M. Waiver Of Subrogation J. Medical Payments Under Section IV - Commercial General Under Section I[[ - Llmits Of Insurance, Liability Conditions, S.Transfer Of Bights of Paragraph 7. is replaced with: Recovery Against Others To Us the following 7. Subject 1o,5- above,the higher of: paragraph Is added: a. $10,000;or If required by a written contract executed prior to b. The amount shown in the Declarations loss, we waive any right of subrogation we may have agoins# the contracting person or i for Medical Expense Limit is the most organization because of payments we make for we will pay under Coverage C for all injury or damage arising out of your ongoing medical expenses because of "bodily operations or"your work"done under a contract injury"sustained by one person. with that person or organization and included in the"products-completed operations hazard". Page 4 of 5 includes copyrighted matedal of Insurance Services Office,lnc., CG 72 8B 12 16 with Its permis ion. ACP GLO 2202994363 5iG13 1739E INSURED COPY 35 00126170 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8FlB-890606623980 CG 72 68 12 16 W Liberalization C. Rroadenod Bodily Injury Definition (Mental Under Section IV — Commercial General Anguish) Liability Conditions, the following condition is Under Section V — Definitions Definition 3, added: -Bodily Injury"is replaced with: 10, Liberalization 3. "Bodily injury' means physical injury, It we revise this coverage form to provide sickness, or disease to a person and if more coverage without additional premium arising out of the foregoing, menial anguish, charge,your policy will automatically provide mental injury, shock, or humiliation, the additional coverage as of the day the including death at any time resulting revision is effective in your state, therefrom. All terms and conditions of this pulley apply unless modified by this endorsement. i CG 72 SS 1216 Includes copyrighted material of Insurance Services Qftfce,Inc„ Page 5 of 5 with Its permlolon. ACP GLO 220299438$ 61GE 17362 INSURED COPY 36 0012671 DocuSign Envelope ID: E504FA6A-OE5D-49F2-8F1B-890606623980 WORKERS COMPENSA'11711014 AND EMP40YERS LIABILITY INSURANCE POLICY WC OD 0313 ......... ....... (Ed.4-94) ........... WAIVER OF OUR RIGHT To RRC0vgR FROM()THERE IENDORSEltdENT We rlavia the rfom to mrovar Our P,�VMQIIN fcM^Ong flablO 10C 04 injury Covered by this pofty.We w not enforce osAr right Ajaiw the Pel,09 of Manintl0l)Nined in tho Schedula.t-rhis Agreatnent,appilots cAlly to the extent tiff you per6rrn wotk md'er a vaitton contrmq that f6qusfeg you to"in this aqwernerkt from us.) Thle agmemerd shalf mg operate direoy of indirectly to benefit SnWne not named In the Sohodula. scheduto Moket Walver P'arson/oratnization. Ellafillet Rive;•Any person or orSaplkaticto far urjv-%m Me Named Insured has agreaO by P,?rkten rontract to runush tuts waiver. yob D"Cription WOver PrwWum All NC Operations 14140 This ondometpwnt djgjjgas thu pL*cy to whk,,b It it 01140had and ID offee9veon 14 data Issued u)'(640 04h"w stmtud. (Tho Worm;Wan below is required only Whejj this 4ndorsomeM Is luugd xUblKeqUOM to preps(gifloft 01 the policy.) Endorsemont affilcigVe, No, PRWC838165 Insure A pm gurn Insurance company Countersigned wa 00 4313 (Ed,4-043 Q 190 Nidlarm romml an*61mp rn*rmfl W&M ftft.