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Home My WebLink About2020-108-E AMS - Signs Now PD signageRevised 11/19 1 [Departmental Use Only] TITLE Public Def Signs FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 30th day of January, 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 Signs Now (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: Public Defenders-115 E King St-Two signs and installation. The term of this agreement rendered shall be from 2/3/2020 to 3/30/2020. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Five Hundred Twenty and Fourteen Cents, ($520.14). 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: 7AE055D3-C84D-4997-83B6-E0F1955DAD69 Revised 11/19 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 (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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 DocuSign Envelope ID: 7AE055D3-C84D-4997-83B6-E0F1955DAD69 Revised 11/19 3 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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. Signs Now P.O. Box 8181 1322 Fordham Blvd #5 Hillsborough, NC 27278 Chapel Hill, NC 27514 DocuSign Envelope ID: 7AE055D3-C84D-4997-83B6-E0F1955DAD69 DocuSign Envelope ID:7AE055D3-C84D-4997-83B6-EOF1955DAD69 Estimate 1322 Fordham Blvd.#5•Chapel Hill,NC 27514.919-929-0702•Fax 919-929-1997 Page 1 of 1 Estimate: 16057 Printed: 12/4/2019 3:12:08PM Description: New Graphics for Temporary Public Defender Sign Prepared For: Katherine Hamlett ph: (919)245-2628 Company: Orange County Asset Management Services email: khamlett@orangecountync.gov Dear Katherine: Thank you for considering SignsNow for your signage needs. The quotation we discussed is attached below. This estimate is good for 90 days from the date at top. If your estimate includes an installation charge, be aware that this charge is subject to actual installation time. If you have any questions, please don't hesitate to call me at 919-929-0702. Sincerely, John Stokes Owner Product Font Qty Sides Height Width Unit Cost Install Item Total 1 RTA-Sgft 2 1 26 44.5 $91.93 $0.00 $183.85 Color: Black Description: Black Prem. Gloss Vinyl for both sides Text: Office of the Public Defender District 15B 115 E. King Street Hillsborough, NC 27302 2 Installation 3 0 0 0 $100.00 $0.00 $300.00 Color: Description: Installation - Estimate one installer three hours, this includes all travel and materials for the installation. Notes: Line Item Total: $483.85 Subtotal: $483.85 Taxes: $36.29 Total: $520.14 Deposit Required: $260.07 Company: Orange County Asset Management Services 131 W. Margaret Lane Received/Accepted By: Suite 301 Hillsborough, NC 27278 We make you look good! DocuSign Envelope ID:7AE055D3-C84D-4997-83B6-EOF1955DAD69 Erie o CERTIFICATE OF INSURANCE 11►� Insurance -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- 100 Erie Ins.PI. • Erie,PA 16530 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED 0810312D 19 HERRING & BICKERS INS AGY INC J J 1 0 1 3 2344 OPERATIONS DR STE 101 NAME AND ADDRESS OF CERTIFICATE HOLDER DURHAM, MC 27705-2336 919-479-9900 NAME AND ADDRESS OF NAMED INSURED ASSET MANAGEMENT SERVICES SIGNS NOWIOCCASIONS ENGRAVING ATTN NANCY FINNELL STOKES INC DIs1A 131 W MARGARET LN 1322 N FORDHAM BLVD STE 5 WEST HILLSBOROUGH NC 27278— CHAPEL HILL NC 27514-5879 This Is to certify that policies,as indicated by Policy Number below,are in force for the Named Insured at the time that the certificate is being issued. NCL: .... GOt3CY=t4 l4tB t3'Y...F........ EACH OCCUARENCE $ \ FIRE DAMAGE S ---------------- [Any one premises) MED EXP ICY one person)] $ PERSONAL ❑SON fl A VfNJURY S ------------- £ = GENERAL AGGREGATE S PRODUCTS-COMPlOP AG ---------------------- BODILY INJURY -::::; -- >:=>:- AUTOMOBILE LIABILITY 0090630393 09/06/2019 09/06/2020 $ ••- ---- OWNED BODILY INJURY EACH ACCIDENT) $ »'' ?': = :=>: PROPERTY DAMAGE ';; ; BODILY INJURY AND PROPERTY DAMAGE l000000Fib " COMBINED 1010 EACH OCCURRENCE AGGREGATE s; '•:5::5::'•::. U STAT TQRY .... .....:.;:.;:.:::-; FNJU ACCIDENT $ EACH ACCIDENT DISEASE $ POLICY LIMIT 1 DISEASE S EACH EMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS I CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IMPORTANT:Ifthe certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.It SUBROGATION IS WAIVED,subjectto the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not con ter rights to the Certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND ERIE INSURANCE CONFERS NO RIGHTS ON THE CERTIFICATE HOLDER.IT DOES NOT AFFIRMATIVELY OR NEGATIVELY LIST,AMEND,EXTEND OR OTHERWISE ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLICY(IES)INDICATED ABOVE.THE TERMS SEE REVERSE SIDE AND CONDITIONS OF THE POLICY(IES)GOVERN THE INSURANCE COVERAGE f AS APPLIES]TO ANY GIVEN SITUATION.LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS PAID.THIS CERTIFICATE OF INSURANCE DOES NOT f CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER AND CERTIFICATE HOLDER. AUTHORIZED OF-156B 09112 CIF REPRESENTATIVE Aalt6 d�t� r