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Home My WebLink About2019-816-E IT - Curry Corcoran Consulting computer refreshRevised 12/18 1 [Departmental Use Only] TITLE Curry Corcoran Cnsltg FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 25th day of October, 2020, (“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 Curry Corcoran Consulting, LLC (the "Provider"), party of the second part; W I T N E S S E T H: 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: Provide project management services for replacement of 100 physical desktop and laptop computers. (See Attachment 1) The term of this agreement rendered shall be from November 2019 to November 2020. 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 five- thousand dollars and 00/100, ($5,000.00). 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 DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9 Revised 12/18 2 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 N/A. (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 http://www.orangecountync.gov/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. DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9 Revised 12/18 3 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. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Daniel Curry-Corcoran P.O. Box 8181 Owner Hillsborough, NC 27278 Curry Corcoran Consulting, LLC DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9 DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9 Attach the email to DocuSign. Thanks Alisa Sent from my iPhone On Oct 24, 2019, at 3:06 PM, Jim Northrup <jnorthrup@orangecountync.gov> wrote: Alissa and Sally, I am fine with waiving coverage being that he is not interfacing with any of our data other than keeping track of installations and making appointments for PC replacements. He will handle no cash or inventory. He will have a county email account, and access to a few inventory files as they relate to replacements, all of which are not sensitive and hold no value other than they are our lists of computers to which we have backups. Daniel is basically just project managing pc replacements. Jim Northrup Chief Information Officer Orange County Government Information Technologies Desk: 1.919.245.2276 Cell: 1.252.305.6678 http://www.orangecountync.gov Did you know that the Orange County IT Help Desk processes about 40 calls a day and uses a priority system for processing all requests? Next time you call ask about how your call is getting prioritized. From: Sally Kadle Sent: Thursday, October 24, 2019 2:29 PM To: Alisa Cornetto; Jim Northrup Subject: RE: [EXTERNAL MAIL!] Re: Re: Follow-Up from Today Adding Jim for his input. I know that Jim knows him, has met with him (interview of sorts) and knows of his work background. But I can’t speak to the background check or waiver of COI coverage. Jim? Sally Kadle IT Help Desk/Admin Specialist | Orange County Information Technologies 131 West Margaret Lane #300 Hillsborough, NC 27278 Desk: 919-245-2281 http://www.orangecountync.gov DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9 From:Alisa Cornetto Sent:Thursday, October 24, 2019 2:26 PM To:Sally Kadle Subject:Re: [EXTERNAL MAIL!] Re: Re: Follow-Up from Today If Jim is comfortable waiving the coverage I will need an email stating this. Are we conducting a background check? Alisa Sent from my iPhone On Oct 24, 2019, at 11:23 AM, Sally Kadle <skadle@orangecountync.gov> wrote: Hi Alisa! Wanted to see if you’d had a chance to read this? I’m getting ready to route the DocuSign contract but need to get the requirements for COI before I do so. I know you’ve been busy!! But would you mind sharing whatever info you can? Thanks Alisa! Sally Sally Kadle IT Help Desk/Admin Specialist | Orange County Information Technologies 131 West Margaret Lane #300 Hillsborough, NC 27278 Desk: 919-245-2281 http://www.orangecountync.gov From:Sally Kadle Sent:Wednesday, October 16, 2019 11:55 AM To:Alisa Cornetto Subject:FW: [EXTERNAL MAIL!] Re: Re: Follow-Up from Today Hello there! This young man is going to be doing some project management work for us for the PC Replacements project (scheduling, organizing, communicating, etc.). Can you tell me what the Certificate of Insurance requirements are for him? Does he need a COI and, if so, how much coverage will he need? It’ll be a relatively short term project (not sure if that matters at all). Thank you ma’am! S PS. I am hearing near daily reports of vaping illnesses and deaths on the news. (I’m an unabashed news junkie!) And with each report I hear, I remember your dire warnings about the dangers of vaping in my NEO training. Man on man, did YOU ever call it!! So very scary. And sad. Sally Kadle IT Help Desk/Admin Specialist | Orange County Information Technologies 131 West Margaret Lane #300 DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9 Hillsborough, NC 27278 Desk: 919-245-2281 http://www.orangecountync.gov DocuSign Envelope ID: 22F324FC-6C23-4534-9B9F-6C6EBDA1F6C9