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HomeMy WebLinkAbout2019-316-E DEAPR - Pronet Millhouse camera DocuSign Envelope ID: DA8A04AC-8CCD-4098-A780-B36A02F07BA9 [Departmental Use Only] TITLE Pronet Systems FY 2018-19 ORANGE COUNTY CONTRACT UNDER$51000.00 NORTH CAROLIINA THIS AGREEMENT,made and entered into this 31 st day of May,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 Pronet Systems (the "Provider"), party of the second part; i WITNESSETH: J For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby 1 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: E The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Reinstall camera system at Millhouse mobile unit. The term of this agreement rendered shall be from May 31, 2019 to June 30,2019. I 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 Twelve and eighty six cents, ($812.86). 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. Z. Non—waiver: )~ailure 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 12/18 I DocuSign Envelope ID: DA8A04AC-8CCD-4098-A780-B36A02F07BA9 incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing divisionlcontracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (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. 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 terns, 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 IA 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:/hwww.orangecoupVnc.fov/departments/Rurchasinp, 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 121I8 2 DocuSign Envelope ID: DA8A04AC-8CCD-4098-A780-B36AO2FO7BA9 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the I 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. ORANGE COUNTY PROV DER DocuSigned by: DocuSigned by: By: 6tw j goLa By Q' _ CP911r_FA1D507A405_. Tit 31F06650592A4F�5�.V1 ce President 200 S. Cameron St, Alan Jelley P.O. Box 8181 Owner Pronet Systems,Inc. Hillsborough,NC 27278 Revised 12118 DocuSign Envelope ID: DA8A04AC-8CCD-4098-A780-B36AO2FO7BA9 PRoNET SYSTEMS,INC 3200 GLEN ROYAL ROAD, SUITE 107, RALEIGH, NC 27617 wwwpronetssystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q050919 Orange County-Recommission Millhouse Camera System May 9,2019 Mr.Alan Dorman Orange County Asset Management Services PO Box 8181 Hillsborough,NC 27278 Dear Mr.Dorman, RE: ORANGE COUNTY—RECOMMISSION MILLHOUSE.CAMERA SYSTEM Further to your request for a proposal to re-instate the Millhouse camera system in a temporary structure. We have pleasure in offering the following to install cable and commission two(2)existing cameras. Equipment Description Quantity Equipment Description Unit Price Total Price Cable and Installation Materials 162.04 Equipment Total Including Cable and Materials __ ___-_ 162.04 - _ Add Estimated Shi - __ Add Labor - — 650.82 Add 7.50%Safes Tax 60.96 Total Price Including Equipment,Labor,Sales Tax,and Shipping $873.82 1 ljllji1(71i1 Orange Coono -Reconlmh$1un milllioi t-can1Cra S_Vstelll ProNel$)+lrnu.Ine. I DocuSign Envelope ID: DA8A04AC-8CCD-4098-A780-B36A02F07BA9 Warranty Installation is covered for one year on labor from date of hand over. Service Rates Out of warranty tali out is charged at$90.00 per hour and$110.00 per hour out of hours(regular business hours are 8.00 am to 5.00 pm,Monday to Friday). Response time is same day if service call is requested before 10.00 am or if the system is down due to failure. Terms of Payment i Unless otherwise arranged,50%of payment is due upon receipt of order,and 50%of payment is due upon I project completion. Interest will be charged at a rate of 1.5%per month on accounts 30 days past due and a 2%discount is offered for payinent within 10 days of receipt of invoice. Validity These rates are valid for a period of thirty days from today's date. We trust that in submitting this proposal we have addressed all your requirements. Should you require further clarification or additional information,please do not hesitate to contact us. Sincerely, Alan Jelley ProNet Systems,Inc. Accepted: Signed .......................................................For and On Behalf of Orange County ......................................................................................... Print Name&Title Date.......................................................... 2 Qoil)919 Orange C oono,—Recuniniksion Vlillhouse C amuni Svslrn3s,h}c. DocuSign Envelope ID: DA8A04AC-8CCD-4098-A780-B36A02F07BA9 I i .4C RIJr CERTIFICATE OF LIABILITY INSURANCE DA-Mvmmm " 02/2212019 THIS CERTIFICATE IS ISSUED AS A!NATTER 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 MY 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 pollcy(ies)must have ADDITIONAL.INSURED provisions or he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In lieu of such endorsemen s PRODUCER C° AOr Amy H.Paschal Lawson Insurance Group,Inc. PHONE 919-846-2090 ext 105 Fej c Na: 919-8462438 6512.101 Six Forks Rd. E-WIL ADDRESS: ampa , schal fawsenins,cem Y Raleigh,NC 27615 INSURER s AFFORDINOCOVERAGE NAICs INSURER A: Nationwide Mutual Insurance Company 23787 wsuseD INSURER B: HorGUARD Insurance Company 25844 ProNet Systems,Inc. INSURER c, Al Specialty Insurance Company 3200 Glen Royal Read IHSURER0; Suite 107 INSURER E; Raleigh,NC 27617 1 INSURER F.- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IF THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ; INDICATED. NOTWffHSTANOING 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. 2L$R TYPE aFiN$URAHGE DDLSU6R DCYEFF POLICY EKP - POLICYNUMBER IM IMUMDArym LIMITS x "MMEHCIAL GENERAL UASILITY y ACP2212994383 02122120190212212020 F-ACH OCCURRENCE # 1,000,000 A CLAIMS-MAt r I OCCUR 108,000 • Contractual Liability PREMISES Ea o a MED E11P ells parson $ rJrtl{IU • Contractor's Enhancement PERSONAL&ADV INJURY S 1,000,000 GEHL AGGREGATE UMITAPPLIESPER: GENERALAWREGATE $ 2,000,000 N POLICY�PREJECT LOC PRODUCTS-COMPIOPAGO S 2,000,000 cOTHER:Core Cyber 1000 Master Contract IF1551241 04r28126111 00128120te Aggregate t 1,000,000 AUTOI OIRJUEL]A$ILTTY corral O SINGLE MIT $ FL aodde I ANYAUTO BODILY INJURY(Par poison) S OWNED SCHEDULED BODILY INJURY Per acCidcnl AUTOS ONLY AUTOS ( )1 $ HIRED NO"WNEO PROPERTY GAMAIGE AUTOS ONLY AL"OS ONLY Per aocldenl x UMBRELLA LIAB ]( OCCUR ACP 22129943113 02f22/2019 02/2212020 EACH OCCURRENCE 3 4,000,000 A ]( EXCESSLIAB CLAIMS-JADE AGGREGATE $4,000,000 i DED I X I RETENTION$ None = waBITF_ItS COhTPELrsAT1DN PRWC90055 AND EMPLOYERS'LLIBILLTY 9 04103/2018 0410?J2019 7C sr Tors R £ B AHYPROPRIC10WARTNERIEXECUriVE YIN n N ACCIDENT EgcH AGGIDE $ 1,01,000,000OFFICERI7,IEMeERFJCGLUDED7 (Mandalory,In NH) E,L,DISEASE-FA EMPLOYEE s 1,000,000 IDd�l>a under ES�RIPrION OFF OPERA71aNS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Tools and Equipment Installation Floater$75,000.Limit A Commercial Inland Marine ACP 2212994383 02127J2019 02/22/2020 Contractors Equip 22,250.Limit j All Job Sites of the Insured $500d$1000-Ded r pectively DESCR3P70H OF OPERATIONS I LOCATTONS I VEHICLES IACORD 101,AddNonar Remarks Sckeduto,may he efts Chad if more apace is required) Orange County Is Included as additional insured(CG 20,33)and Waiver of Subrogation applies per Blanket Contractors Enhancement Endorsement CG 72 88 under the general liability policy(please refer to attachments). The UmbrellafExcess Liability policy is"follow E form". Blanket Waiver of Subrogation also applies to the workers compensation policy(please refer to attachments). I . I i CERTIFICATE HOLDER CANCELLATION Orange County P.O.Box 8181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED OLFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hillsborough,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. E-Mail: AIIrROR .D REPR 1FHC1A VE E-Mail: anitaj@pronetsysfemsnc.cem E-Mail: pAtf@pronetsystemsnc.com 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD