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Home My WebLink About2020-226-E DSS - 101 Mobility stairlift installation DocuSign Envelope ID: D532D6C8-D6FD-42D6-9F88-CF4FDECD6C1F [I)epartmental Use Only] TITLE 101 Mobility NC Triangle Metro Area FY 2019-2020 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 6th 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 101 Mobility NC Triangle Metro Area (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 labor, parts,and materials to install SRE-3000- Elan Straight Rail Stairlift at 100 Andys Lanes, Apartment 116, Chapel Hill, NC 27516 as detailed in quotation Q191118002 dated November 18,2019,which is attached. The term of this agreement rendered shall be from 3/6/2020 to 6/30/2020. 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 Three Thousand, Eight Hundred Thirty Dollars and Twenty Three Cents, ($3,830.23). 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. Revised 11/19 1 DocuSign Envelope ID: D532D6C8-D6FD-42D6-9F88-CF4FDECD6C1F --- -- -- 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 Mini-mum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.❑rangecountync.gov/departments/purchasing divisionlcontracts.pho}. 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. Indemnr : 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 44 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 hgp:llwww.orangecountync.gov/del2artmentslpurchasing divisionlcontracts.phn.). 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 terns herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Revised 11119 2 DocuSign Envelope ID: D532D6C8-D6FD-42D6-9F88-CF4FDECD6C1F 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. a xrr-Z QQedyb►rmtr ORt UocuSigned by: PRO' OacuSigned by, �sfo�n, B By.• �AEi E196AM455..- y'- �7363�643GE7474.-- — Department oirector _" ` 200 S.Cameron St. Mike Spears-101 Mobility NC Triangle Metro Area P.Q.Box 8181 3209 Gresham Lake Road, Suite 106 Hillsborough,NC 27278 Raleigh,NC 27615 Revised 11119 3 DocuSign Envelope ID: D532D6C8-D6FD-42D6-9F88-CF4FDECD6C1F 101 Mobilit Sales Contract: Q751'�18a'7D2 Experts in Mobility and Accasslbility Salutions� QUOTE DATE 17ATTENTION AMAJS Group, Inc- NPI# 1407216948 11/18/2019Sar h Scott Priscilla Spring ield D8A 101 Mobility 3209 Gresham Lake Rd Suite 106 Sarah Scott F$❑ Priscilla Springfield Raleigh, NC 27615 100 Andys Lanes Phone: (919)800-8667 APT 116 Fax: (919)882-8440 Chapel Hill, NC 27516 TERMS Quote Valid for 30 ❑ays QUOTE NOTES ...... Purchase Includes a 1 Year 101 Mobility Service Warranty REF DESCRIPTION QUANTITY PRICE TOTAL P1 SRE-3000 - Elan Straight Rail Stairlift 1.00 $3,315.00 $3,315.00 -Weight capacity: 300 Ibs -Anodized rail with covered gear rack gives a sleek. appearance -Vertical rail design enables tight installation to within 5 in (127 mm)of wall -Flip up arms,seat,and footrest create plenty of extra space on steps -Continuous charge strips along rail repower unit wherever it stops (indoor only) -Two wireless call/sends allow unit to be controlled remotely -Two 12v batteries ensure dependable performance even in a power outage -Soft starUstop gives a smooth ride from start to finish -Obstruction safety sensors, seat belt ensure safety -Onboard audio diagnostics for easy service -Limited lifetime warranty: 2-year parts; lifetime major components (motor, gearbox, rail) S1 DISC - Discount 1.00 $-150.00 $-150.00 Veteran Discount S2 INSTALL-SL-Stairlift Installation 1.00 $398.00 $398,00 Price Includes: Delivery, Installation, Product Training TX Sales Tax 1 $267.23 $267.23 The sales tax of$267.23 may be waived with a physician's prescription,tax exempt certificate or reseller certificate. E�uate Tatal $3,830.23 Continued on page 2 lndependentfy owned and operated franchise business www.IOIMotjiiity.com page 1 DocuSign Envelope ID: D532D6C8-D6FD-42D6-9F88-CF4FDECD6C1 F 18 14:09:12 EST P19)882-8440 From: 101 Mobility NC Triangle-AMAJS 15y vigning rhis purohnse order I agree to the terrm Ort nonditJon5 herein.Terrric ara 5o%drrpasil ul Gryie of order and 12e1snce due upon complelion of delivery end installation.Cancellations prior to installation are aubjew to a restooking fee of 15%of the total before tax.Ne ran mllahons after 1hl[IBtiOr[of IhSla11 at!on,Any CListom applications cannot he r:anc oil ad and tequire a So%hon refundable daposit al tiara of final measur•elnertts,D n d the ramaihin0 50%1e to 150 paid prior to 101 M obi ltty ploeing the urdhr with the mall LifflOILlter,This kgrekr lBht clrall Be g ova rhed by tl%6 laws of tha State of North Carolina.Any legal Pro oeodingS to 0 life rca tits,Agreernent will he in a appropriate Barth Ctrolina Gauet,and the proyellino pdcly shall by entitled Io feGovar all expenses fi WWI ng,bur nut 11rnllecp to,revsonaWe attorneys fees,Iegel expenses and reason ahie coals at cultectian], Sala$Contract;Q19111$002 Quote Total.$3,830.23 Signature gate Indcpondortfly owneof and operated tranchisc hashia," www.N1'f mobikty,cam Protection DocuSign Envelope ID: D532D6C8-D6FD-42D6-9F88-CF4FDECD6C1F AC FDAre{M/2020 rYl CERTIFICATE OF LIABILITY INSURANCE 213r2a2Q THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANQ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject t the terms and conditions of the policy,certain policies may require an endorsement- A statement on this certificate does not confer rights to th certificate holder In lieu of such endorsement(s). PRODUCER CON7AC1 VGM Insurance Services,Inc. NAME, 1111 W.San Maman Dr. PHONE Fax AIG NaIt E-MAIL Waterloo IA 50701 Sg' INSURER(S)AFFORDING COVERAGE NAIC r INSURERA: BENCHMARK INSURANCE COMPANY 41394 INSURED AMA.1S Group Inc. INSURERS: GREAT NORTHERN INSURANCE:COMPAI 20702 101 Mobility NC Triangle Metro Area INSURER C: CHUBB INDEMNITY INSURANCE COMPAI 3209 Gresham Lake Rd,Ste 106 INSURER D: Raleigh NC 27615 INSURER E: —INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION 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. IPLISR TYPE OF INSURANCE SWWI R POLICY NUMBER MMIDD EFF PMLOICOY EXP YYY LIMITS A x COMMERCIAL GENERAL LIABILITY x ❑1018 G5889-2 08/20/2019 0812OM20 EACH OCCURRENCE $ 2.000,000 CLAIM34AADF FT OCCUR PTA REMISES Ea ocogmnW Ti5MNTED S 1QQ,000 X Professional Liabill!y MEDEXP one person) a 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE U:drr APPLIES PER: GENERAL AGGREGATE S 4,000.000 7C POUCY[7]JET ❑LOC PROM CTS-COMPIOPAGG S 4r000,000 OTHER; $ B AUTOMOBILE LIABILITY 73604951 08120r2019 0812012020 DaMa;i e t GLE uMlr y 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY[Per accident] $ AUTOSAUT NOI,LOWNED PROPERTY DAMAG S HIRED AUTOS AUTOS a 5 4U=LALAB OCCUR EACH OCCURRENCE 8 ELIAR CAMS-MADE AGGREGATE $ DED RETENTIONS ER TR 8 WORKERS COMPENSATION 7177-50-35 02I(2020 MI2027 P p AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERtEXECUTIVE NIA E.L EACH ACCIDENT $ 11000,000 OFFICEWM(Mandatory In H)EXCLUDED? EL DISEASE-EA EUMPLOY S 1,000,000 (Mandatory In NH} Wearlibe under OQQ,DOD DESCRIPTION OF OPERATIONS below F-L DISEASE-POLICY UMIT S 1, DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES(ACORD IIII,Addition.{Remarks Se hedu to,may ea attached If more space Is re qulmd) Certificate holder Is listed as an Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough NC 27278 AUTHORIZED REPRESENTATIVE C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks Of ACORD