HomeMy WebLinkAbout2019-110-E AMS - Creative Business Interiors Churton Grove furniture rental DocuSign Envelope ID:43A172E7-E29E-49DA-966A-C47C5091A3DD
[Departmental Use Only]
TITLE Furniture Churton Grove
FY 2019
ORANGE COUNTY
CONTRACT UNDER $5,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 18th day of February, 2019, ("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 Creative Business Interiors, 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: To provide installation and breakdown services as well
as the rental of office furniture as detailed in the attached quote dated 2-13-2019 for an amount not to exceed
$5,000
The term of this agreement rendered shall be from 2/18/2019 to 8/1/2019.
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. Pam: 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 five
thousand dollars, ($5,000). 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
Revised 12/18 1
DocuSign Envelope ID:43A172E7-E29E-49DA-966A-C47C5091A3DD
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. 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.
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.oran.eg cwnc. og v/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 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 12/18 2
DocuSign Envelope ID:43A172E7-E29E-49DA-966A-C47C5091A3DD
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 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.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
OF ,—Docusi 9 ned by- 'T PI+��rrrrr
Docusigned by:
B 21EF373ACD454EF... BC"13A420FAMECF49E
Department Director Title: Owner
200 S. Cameron St. Creative Business Interiors,Inc.
P.O. Box 8181 8720 Fleet Services Drive
Hillsborough,NC 27278 Raleigh,NC 27617
Revised 12/18 3
DocuSign Envelope ID:43A172E7-E29E-49DA-966A-C47C5091A3DD
bALLbYtKJUN: UL,KAMLT l:yl`J-3by-54y'I 1 OF 1
CREATIVE BUSINESS INTERIORS PREPARED FOR:
CREATIVE BUSINESS INTERIORS Orange County North Carolina
8720 FLEET SERVICE DRIVE 200 South Cameron Street, PO Box 8181
RALEIGH, NC 27617 Hillsborough, NC 27278
P 919-786-4800 919-732-8181
F 919-783-8585 _
dcramey@creativebusinessnc.com Alan Dorman
QUOTATION
Rental Quote - 3 Month Min - 2-13-19
Item Previe I LOCATION Qty Part Number Part Description Sell Ext Sell
1 L-Desk-Right 6 Rental Rental L-Desk-71x36 Main Desk with BBF and $ 25.00 $ 150.00'.
Return 48x24 Return with FF,Cherry Finish. Rental price
per unit per month: $25.00
2 L-Desk-Left 11 Rental Rental L-Desk-71x36 Main Desk with BBF and $ 25.00 $ 275.00
Return 48x24 Return with FF,Cherry Finish.Rental price
per unit per month: $25.00
3 Desk 2 Rental Rental-Desk-66x30 Main Desk with BBF and FF, $ 20.00 $ 40.00
Cherry Finish. Rental price per unit per month:
$20.00
4 Workstations 2 Rental Rental Workstation-66x96,67H Panels with $ 45.00 $ 90.00
worksurfaces and BBF and FF. Rental price per
unit per month: $45.00
® Includes Power Pole to be installed by an electrician
5 Panels Only 1 Rental Rental Panels Only-48"x84",67H Panels,L $ 15.00 $ 15.00
Configuration. Rental price per unit per month:
$15.00
sub Subtotal $ 570.00
1 FREIGHT $ 0.00. $ 0.00
. ....... .........
1 DELIVERY,ASSEMBLY,&INSTALLATION-Reg $ 800.00 $ 800.00
Hours
......... ...... ......... ... ..........................................
1 DISASSEMBLE&REMOVE-Reg Hours $ 800.00 $ 800.00
Grand Total $ 2,170.00
INSTALLATION:
919-732-8181
C:\Users\dcram\Desktop\Orange County-Rental\Orange County-Rental Quote(Revised).sp4
QUOTE ACCEPTANCE
SIGNATURE:
PRINTED NAME
DATE SIGNED 02/13/19 08:10 AM
DocuSign Envelope ID:43A172E7-E29E-49DA-966A-C47C5091A3DD
CREAT-5 OP ID, MAT
A�QRo CERTIFICATE OF LIABILITY INSURANCE DATE 0211 812 01 9Y]
a211 s1zo1�
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 have ADDITIONAL INSURED provisions or 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 endorsements .
PRODUCER 919-878-9412 C MTACT Highsmith Insurance
Highsmith Insurance PHONE 91 g_87g.g412 FAX 91 g-256-1969
a Nlarsh&McLennan Agency LLC (A/C,No,Ext; FAX
Np
3700 Glenwood Ave.,Suite 430 E-al .matt@highsmithinsurance.com
Raleigh,NC 27612
Matthew HOrney INSURERS ArFoRDimo COVERAGE NAIC#
INSURER A:Selective Ins,Co of America 12572
INSURED INSURERS;Hartford ACC&Indemnity Co 22357
Creative Business Interiors In
8720 Fleet Service Drive INSURER C:
Raleigh,NC 27617
INSURER D:
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMB NUMBER:
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.
INSR LTR TYPE OF INSURANCE ADOL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS
A X COMMERCIAL GENERAL LABILITY EACH OCCURRENCE 1,000,000
MsE
CLAIMS-MACE OCCUR S 2338296 111271201$ 1712712079 DAMAGERE r RENTED 5100,000
MED EXP(Any one erson 15,000
PERSONAL&ADV INJURY 1,000,000
E L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3,000,000
x POLICY jPQ� LOC PRODUCTS-COMPIOP AGG S 3,000,000
R:
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000,000
X ANY AUTO S 2338296 1112712018 11/2712019 BODILYINJURY Per son
OWNED SCHEDULED
AUTOS ONLY AUTOS
yVry p BODILY INJURY Per accident
X AL7Tt]S ONLY X AR OJ OM&Y Pe�aoEcR�naAMAGE
A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 3,000,000
EXCESS LIAS CLAIMS-MADE S 2338296 11/27/2018 11/2712019 AGGREGATE s 3,000,000
❑EC I I RETENTION$
S WORKERS EMPLOYERS'COMPENSATION
LABILITY X PER OTH-
ANY PROPRIETORIPARTNERIEXECUIIVE YIN 22WBCEM0470 11127/2018 1112712019 E L.EACH ACCIDENT
�N ER 500,000
OFFICERIMEMBER EXCLUDED? NIA -
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 600,000
II yes,describe Under 500,OQ0
❑E I ON F OPERATIONS below E.L.DISEASE-P LI Y I
A Employment Prac S 2338296-01 11/27/2018 F 112712019 Empl Prac 100,Q06
A Crime S 2338296-01 111271201811112712019 Crime 25,000
I
DESC Ril PT ON❑F OPERATIONS f LOCATION$1 VEHICLES (ACORD 101,Add lfionaI Roma rks Schedule,may be attached If more space is required)
CERTIFICATE HOLDER CANCELLATION
❑RANGEC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE [DELIVERED IN
Orange County ACCORDANCE WITH THE POLICY PROVISIONS.
PO BOX 8181
Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE
ACORD 26(2016103) Q 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD