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Home My WebLink About2020-184-E Emergency Svc - CFE Forklift equipment review DocuSign Envelope ID:0460F6DE-D59E-4F27-85AE-25EADBB3FB6B [Departmental Use Only] TITLE Maintenance Agreement FY 2019-2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9th day of March, 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 CFE Equipment, 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: CFE agrees to perform Planned Maintenance, per our checklist, on the equipment described below for a period of one year. Customer must provide an adequate area to service the equipment between 8:00am and 4:30 pm Monday — Friday. CFE will notify the above contact at least 24 hours in advance of sending a PM technician so the equipment can be promptly available for service. If PM services are cancelled or delayed upon technician's arrival, CFE will charge labor only and reschedule. All repairs or services will be authorized by contact above. "Unit flat rates are for Labor. All fluids,filters, and parts will be charged at standard PM customer rates." (See Attachment A) The term of this agreement rendered shall be from March 9,2020 to March 9,2021. 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 dollars, ($500.00). 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 Revised 11/19 1 DocuSign Envelope ID:0460F6DE-D59E-4F27-85AE-25EADBB3FB6B 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 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 thirty (30) 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 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://www.oran eg couq! nc. 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 Revised 11/19 2 DocuSign Envelope ID:0460F6DE-D59E-4F27-85AE-25EADBB3FB6B 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. 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. ORANCF rninvTV PROVIDE— DacuSigned by: DocuSigned by: �[IL4 , 012020 _1�+11 �� 1020 By: By: D2346BC72BDB447... 5655BC89IA64473... r��. VUnL riaiiayci Fc_SS DEYaiuuicuu Lu"wi Title: 200 S. Cameron St. 6932 Burnt Poplar Court P.O. Box 8181 Greensboro,NC 27409 Hillsborough,NC 27278 Revised 11/19 3 DocuSign Envelope ID:0460F6DE-D59E-4F27-85AE-25EADBB3FB6B 6392 Burnt Poplar Ct. 3400 Woodpark Blvd.#D 4706 Elm City Rd. S 4099 Highway 11E Greensboro,NC 27409 Charlotte,NC 28206 Elm City,NC 27822 Bluff City,TN 37618 (336)668-0959 (704)509-1900 (252)236-3998 (423)538-3500 PLANNED MAINTENANCE AGREEMENT Company: Orange County Emergency Services Cust#: Address: 510 Meadowlands Dr. Fax#: Hillsborough,NC 27278 Phone#: 919.245.6100 Contact: Alton Matthews Email: amatthews@orangecountync.gov CFE agrees to perform Planned Maintenance, per our checklist, on the equipment described below for a period of one year. Customer must provide an adequate area to service the equipment between 8:00am and 4:30 pm Monday—Friday. CFE will notify the above contact at least 24 hours in advance of sending a PM technician so the equipment can be promptly available for service. If PM services are cancelled or delayed upon technician's arrival, CFE will charge labor only and reschedule. All repairs or services will be authorized by contact above. This agreement can be cancelled by either party with a 30 days written notice. **Unit flat rates are for Labor. All fluids, filters, and parts will be charged at standard PM customer rates.** MAKE MODEL SERIAL# FREQUENCY RATE NI SM1H235NV 9Y1146 120 Days $75.00+Parts Requested Start Date: Comments: CFE Equip mpnr ins Oran c ^- ~�_rW __� DacuSigned by: DocuSigned by: ,V erV1CCS Seller: L�tBy: —2346BC72BDB447... 5655BC89iA64473... Tim Bevilacqua cell 336.500.1317 office 336.668.0959 ext.518 timothy.bevilacgua(a)cfeeguipment.com Date: 3/10/2020 Date: 3/10/2020