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Home My WebLink About2018-784-E AMS - Carolina Parking Justice Center Gate repair DocuSign Envelope ID:62D5D1EC-B55B-43A6-AAB6-9B5B9CCE2973 [Departmental Use Only] �D TITLE Security Gate +l FY 18l19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA TMS AGREEMENT, made and entered into this 27th day of November, 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 Carolina Parking and Entry Systems (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: Justice Facility-106 E Margaret Ln- Security gate- Replace two roller wheels and tested. The term of this agreement rendered shall be from 11/27/2018 to 12/31/2018. 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 Eight Hundred Eighty, ($880.00). Payment shall be made within thirty(30)days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terrns 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 Revised 14/17(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:62D5D1EC-B55B-43A6-AAB6-9B5B9CCE2973 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,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. +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 h ://www.orangecountync.gov/departmejits/purchasing,divisionlcontracts.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 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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 10/11(Mgr appry 5k 5118) 2 1 i t DocuSign Envelope ID:62D5D1EC-B55B-43A6-AAB6-9B5B9CCE2973 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 mandate. In the event that public fiends 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 fiords. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE'(-OFT rTV PROVIDFID Docu Signed by: UocuSign.ed by: B IlrakkiS A&� MJA. By. 5� / Ak y• OA3E816128364B4.. 7B211D307847493.. .DCparLU4UJ1L"UU%.LU! Title. CJICI-UI I VC UI i i cer 200 S. Cameron St. Carolina.Parking and Entry Systems P.O. Box 8181 931-B South Main St#138 Hillsborough,NC 27278 Kernersville,NC 27284 Revised 10/17(Mgr nppry A 6/18) 3 DocuSign Envelope ID:62D5D 1 EC-B55B-43A6-AAB6-9B5B9CCE2973 Carolina Parking and Entry Systems Invoice 931-13 South Main Street#138 C P Kernersville, NC 27284 336-682-2768 cpes.inc@)gmail.com E S F3I1_I_1-0 Paul Sorrell Orange County Asset Management PO Box 8181 Hillsborough, nc 27278 i{tVOiCL:>d DA-TE 'TOTAL DUE FXJL DATE TERMS ENCLOSED 1473 11/20/2018 $880.04 12/20/2018 Not 30 — CRATE AUTIVI'3Y QTY RATE AMOUNT 10/30/2018 Labor:Service Call 4.50 100.00 450.00 Replaced two(2) roller wheels and tested. (Orange Co Courthouse) 11/20/2018 Parts.Other 1 430.00 430.00 Two 5"Hy Security Roller Wheels WE ARE NO LONGER CAROLINA ENTRY BALANCE DUE $880.00 SOLUTIONS. If you do not have our correct information please contact dos by email or at (336) 462-4695 before sending any payment. r I h i DocuSign Envelope ID:62D5D1EC-135513-43A&AA136-9135139CCE2973 �1�8Erie CERTIFICATE OF INSURANCE DATE ISSUED(MI"DIYY) I nsuranae —THIS CERTIFICATE IS ISSUED AS A(NATTER OF INFORMATION ONLY— 11120/18 Hoene Office • 1 Do Erie Insurance Place • Erie,Pennsylvania 16530 - 814.870.2000 TvI1 free 1.800.458.0811 • Fax 814.870.3126 •vv*w.erielnsurance.cvm NAME AND ADDRESS OF AGENCY LONG INS[IRANCF SERVICES AGENT'S No. 311 S RAIN ST ]71319 - M camla 10ERNERSVdLL1,NC 27284-2772 CO.:E 12e I demRAH£v.CITY IN AC ne I °I p In NY e (336)992-5664 This certificate Is Is Issued for Irdormatlon purposes only and confers NAME ANDADORESS0FNAMEDINSURED no rights on the certificate holder.It does net affirmatively or negatively amend extend,or otherwise after the terms,exclusions Carolina Parking&Entry and conditions et?Insurance coveragge contained In the pollcypps) Systems LLC Indicated below,The termsand candltlons of the polleyges)govern, the Insurance coverage as ap,pfled to any given situation.Limits 301`I winwood Road shown may have been reduced by claims paid.This cert€flcate of Clemmons,NC 27012 insurance does not constitute a contract between the Issuing lnsurar(s),authorized representative or producer and the certificate holder, This Is to certify that pollclesas Indicated by the Polley Number below are En force for the Named Ensured at the tires that the Cerdflcate.Is beln lssue . 0I Gf - .fILIGY htl3 _ fJMITS. C GENERAL LIAB€LtTY {32 0723264 8I7f]8 8l7119 EAc1r 4CCURRENCI< 2 000 000 ®CUMMERCWL GENERAL tJABiErtY nRE_➢AMAGF .kfm S 2,000,000 ❑CLAIMS MADE ®OCCu MED l%P: Iina f 5,000 = ❑ PERSQIPIiL&Aav l ADO S 2,000,000 ❑ Gikl`IALAGGREGATE 4,000,000 GEN'LAGGREGATE UM IT APPUES PER PRODUCfs C4HtPffiko 4,000,000 ®P41L9GY ]PR0IECT ❑LCC . C❑ AUTOMOBILE LIABILITY BOD1I1 INJURY 31",ANYAUTO" OBI g°kHF Q08 073(?832 817/19 817/19 p y *� ` OWNED Biyj Q a ®HIRED PROPF#TY➢AMAGE $ �'? r�" ®NON-OWNED �� B0DILYINJURYANO:. ❑GARAGE PR0f3l SiNED G PEITIYDAMAE $ 1,000,000 C❑EXCESS t tABIIlTY Q32 0770221 817118 8f7119 ,..CURREHCE 2 000,000r ,7 ®OCCURRENCE ` AGGREGATE 2,000,000 t- - ❑RETENTION S t. C IWORIKERS COMPENSATION& 92 0700659 817I18 817119 EMPLOYERS UABILFTY 80®11Y ACCIDENT $` 1,000 000 EACH ACCIDENT t( 4 DISEASE $ 1,000,000 POLM L(MIT OTHER DISEASE $ 1,000,000 EACH EMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSNEHIGLESIUCLUSIONS ADDED BY ENBORSEME?ITISPEGIAL 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 pollcy(les)most 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 PO Box 8181 Hillsborough,NC 27278 EIG6230 811# Page 1 of 1