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Home My WebLink About2018-598-E AMS - Soundadvice Battle Courtroom panel repair DocuSign Envelope ID:5B57EDFD-CD33-4884-8503-04119E15DC9C [Departmental Use Only] TITLE Battle AV FY 171'18 ORANGE COUNTY CONTRACT UNDER.$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of May, 2018, ("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 Sound Advice (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: Emergency repair-Battle Courtroom-Witness touch panel repair. The term of this agreement rendered shall be from 5/10/2018 to 12/30/2018. 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 Hundred Thirty One, ($731.00). 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 Revisal 10/17 1 DocuSign Envelope ID:5B57EDFD-CD33-4884-8503-04119E15DC9C 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 NIA 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. Indemni : The Provider agrees, without limitation,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. 5.. 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 I lA 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 littp://www.ora;i-gf,c .). 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 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 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. 147-86.81. 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. Revised 10117 2 DocuSign Envelope ID:5B57EDFD-CD33-4884-8503-04119E15DC9C 10. Nora Appro rp_ +ation: 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 irnmediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] 9 Revised 10/17 3 DocuSign Envelope ID:5B57EDFD-CD33-4884-8503-04119E15DC9C IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE t-"TTNrry PROV-y " DocuSigned by: DocuSigneedd by: V 1fa,psi� yOsti DaVIJ 'Ev"'s By: firiri 9E88CA4GCFG4498... -.- By1 0`070fi9FE29 e—P41 4111G11L l.Jil—V L(k Title: 200 S. Cameron St. Sound Advice P.O. Sox 8181 PO Box 2005 Hillsborough,NC 27278 Wake Forest,NC 27588 t f Revised 10117 DocuSign Envelope ID:5B57EDFD-CD33-4B84-8503-04119E15DC9C S 0 U N D Po Sox 2005 INVOICE I NVO I *C ake Forest, NC ADVICEw(9,9)439-6296 O A0E 516h 6IhTECRATIiJ DATE INVOICE# 5110/20/8 7726 BILL TO SKIP TO Orange County PO Box 8181 131 W. Margaret Lane Hillsborough, NC 27278 i P.O. NUMBER TERMS REP SHIP VIA F.O.B. PROJECT VERBAL 50% De... DBE 5/I0/2018 QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 6 SERVICE C... Battle Courtroom Complete Systems Check(Per 85.00 510.00T request from IT) 4-16-18 I -Defense Table Transmitter was not working. Found DM Cable unplugged and needed to be re-crimped. Resolved. 2- DGE-2 USB port I was not communicating with the Witness Touch Panel.Crestron advised using USB port 2. Also advised product is discontinued, and almost EOL with pants being difficult to find. 3 -No video at Clerk Desk. Scaler is bad. Installed loaner. Sent CIC Unit out for repair. Waiting for limit return... 4 - Firmware upgraded to all Crestron devices. Subtotal Sales Tax (7.3°/x) Total �ans�a>fi�n9 Page 1 DocuSign Envelope ID:5B57EDFD-CD33-4B84-8503-04119E15DC9C S 0 U N D PO Box 2005 INVOICE T ,- � � � Wake Forests NC 27588 �1 (919)439-6296 DATE INVOICE# Av DE51[iN& INTEGRATION 5/10/2018 7726 BILL TO SHIP TO Orange County PO Box 8181 131 W. Margaret Lane Hillsborough, NC 27278 P.O.NUMBER TERMS REP SHIP VIA F.O.B. PROJECT VERBAL 50i% De... DBE 5/10/2018 QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 1 SERVICE G,. Battle Courtroom Check Up 5-10-18 170.00 1 70.00T Customer complained Witness Touch Panel having trouble again. Crestron advises repair or replace. Installed loaner,quote replacement,and send defective one back for repair-per Jinn. In Process-DBE Subtotal $680.00 REMIT TO Sales Tax (7,5%) $51.00 Sound Advice of Eastern North Carolina,Inc. Pa,Box 2005 Wake ForestNC 27588 Total $731.00 Please pay by Invoice. Unpaid balances over 30 days are subject to a 9.5%per month service charge. �ansiating Yze Page 2 DocuSign Envelope ID:5B57EDFD-CD33-4B84-8503-04119E15DC9C 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 cerllflcate holder Is an ADDITIONAL INSURED,file pol€cy(Ies)must be endorsed,If SUBROGATION IS WAIVED,subject to the terms and condilions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In Ileu of such andorsement(s), INSURED SOUND ADVICE OF EASTERN NC INC CERTIFICATE Orange County NAME AND PO BOX 270 HOLDER PO Box 8181 ADDRESS 1MNTFRVILLE, NC 28590 Hillsborough,NC 27278 Email: dbaker Qorangecountync.gov 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 SEEN REDUCED BY PAID CLAIMS, ' x TYPE OF INSURANCE A 5USRI...— POLICY NUMBER PC}LICY E AW�iU Y£%i'...- Llrnlrs COMMERCIAL GENERAL LIABILIT SMP 0129077 7126/2017 7/26/2018 GENEHALACGREGATE 000 000 i-OCCURRENCE PRODUCTS-COMNOPS AGGREGATE $2,000,000 GEN'L AGGREGATE APPLIES PER POLICY PERSONAL BAOVINJURY $1,000,000 EACH OCCURRENCE sv1,1700,000 DAIAAGE TO-RENTED -EREMEsMa $100,000 MED F_KP(Any ona person) $5.,000 EACH OCCURRENCE $ TOUSINESSOWNERS; AGGREGATE ten, UTOMOBILE LIABILITY CMIMNEDSINGLE LI}Irf $1,000,000 (fact!acd&ni) ® BAP 2099108 7/712017 917/2018 - --- — SCHEi3ULEDAUTOS BODILY INJURY(Per person) $ ❑ HIRED AUTOS BODILY INJURY(Par accOwil' $ NON-OWNEDAUTQS PROPERrYDA1,VtGE Poraoddeal GARAGE LIABILITY _(Other) EACH OCCURRENCE ,$ EXCESS LIABILITY v - OCCURRENCE AGGHEGATE $ < WORKERS COMPENSATION NIA W4CSTATUrORYLHttrS .......... AND AND EMPLOYERS"LIABILITY WC 0225953 5/1512017 5/9512018 E.L-EACH ACCIDENT $500,000 POLICY APPLIES TO THE WORKERS C-LDISEASE-EAEMPLOYEE $500,000 COMPENSATION LAW IN THE STATE OF NC E.L.DISEASE-POLICY LIMIT 500,000 OTHER: (DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES: i CANCELLATION -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED AUTHORIZED REPRESENTATIVE BEFORE THE EXPIRATION STATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE 8/2212017 /Z lie COI 0910