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HomeMy WebLinkAbout2020-889-E AMS - ProNet Systems Inc Seymour card readers DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 [Departmental Use Only] TITLE Seymour Card Reader FY FY2020-2021 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and ProNet Systems, Inc (the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement,time being of the essence. The services or materials or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide and Install one card reader for the new addition to the Seymour Center per proposal Q110220 dated November 2,2020. The term of this agreement rendered shall be from November 9, 2020 to December 9, 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. Pam: 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 One Thousand Nine Hundred Seventy Two Dollars and Eighty-Four Cents, ($1,972.84). 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 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 07/20 1 DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 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: 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree this Agreement is 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 cogntync. o_ 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 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. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys' fees. Revised 07/20 2 DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 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,this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER o s, any: o sauce ny: By S{wa Q�,.dt 11/9/2020 g6� 11/5/2020 By: Vi° e resident Department Director Title: c' 200 S. Cameron St. ProNet Systems, Inc P.O. Box 8181 3200 GLEN ROYAL ROAD, SUITE 107 Hillsborough,NC 27278 RALEIGH,NC 27617 Revised 07/20 3 DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 ORANGE COUNTY-DEPARTMENT USE ONLY Party/Vendor Name: ProNet Systems, Inc Party/Vendor Contact Person: Richard McClenny (RichardM(&pronetsystemsna.com) Contact Phone: 919.277.2070 Party/Vendor Address: 3200 GLEN ROYAL ROAD, SUITE 107 City Raleigh State: NC Zip: 27617 Department: AMS Amount: $1972.84 Purpose: Seymour Center-Install card reader for new offices built for the expansion Budget Code(s): 61370035-880001-10065 Vendor# 57979 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one)New EJ Renewal❑ Amendment ❑ Effective Date 11/9/2020 Approved by Board Yes❑No® Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: D Sg gby Q� Department Director's Signature _ Date: 11/5/2020 �25eeceeeeiB0005.. Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: D Sig g by: QUSa CdV1nR96 Office of the Risk Management Officer Date:11/5/2020 as g M889 gg_ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: P—F D Sig gby: 11/6/2020 Office of the Chief Financial Officer[ Date: Legal Services This agreement is approved as to legal form and sufficiency: D S'g g by: Office of the County Attorney ��hyyik, Date:11/6/2020 �45F3CobFY18g6F6 Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 4 DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 15PRoNET > SYSTEMS.INC i 3200 GLEN ROYAL ROAD,SUITE 107,RALEIGH, NC 27617 www.pronetsystemsonline.com TELEPHONE 919.277.2070 FAX 919.277.2072 Q110220 Orange County-Seymour Center-Add One(1)Additional Card Reader Door November 2,2020 Ms.Angel Barnes Asset Management Services PO Box 8181 Hillsborough,NC 27278 Dear Ms.Barnes, RE: ORANGE COUNTY—SEYMOUR CENTER—ADD ONE(1)ADDITIONAL CARD READER DOOR With reference to your request to add one(1)additional card reader door at the Seymour Center. Please note locks and conduit are to be provided by others. We have pleasure in offering the following proposal for your review. Equipment Description Quantity Equipment Description Unit Price Total Price 1 Bosch DS-160 REX PIR 87.75 87.75 1 GE 1076CW Door Contacts 11.48 11.48 1 HID 920NTNNEK00000-L001 Smart Card Reader Switch Plate Gray 211.95 211.95 1 Lenel LNL-1320 Reader Interface 569.70 569.70 Cable and Installation Materials 104.64 Equipment Total Including Cable and Materials 985.52 Add Estimated Shipping 23.84 Add Labor 825.84 Add 7.5%Sales Tax 137.64 Total Price Including Equipment,Labor,Sales Tax,and Shipping $1,972.84 Q110220 Orange County—Seymour Center—One(1)Additional Card Reader Door ProNet Systems,Inc. 1 DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 Warranty All products are covered for one year,parts and labor,from date of hand over. An extended maintenance program is available. This includes parts and labor on all products for the second year after date of hand over. Service Rates Out of warranty call out is charged at$100.00 per hour and$135.00 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. All product is covered for one year,parts and labor,from date of hand over. A Service Contract for an extended maintenance program is offered if required. This includes parts and labor on all products for the second year after date of hand over. Service Contract A maintenance program is offered below. Full Maintenance for 2°a year $ 88.09 per year Terms of Payment Unless otherwise arranged, 50%of payment is due upon receipt of order,and 50%of payment is due upon 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 payment 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.......................................................... 110220 Orangc County Seymour Center Onc(I)Additional Card Reader Door ProNct Systems, Inc. 2 DocuSign Envelope ID:5C9CC704-FF73-4047-9AD4-445F053E47C6 7OT2/27/2020 E(MM/DD/YYYY) ACORO° CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER 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 BY 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME:CT Leslie McCoy Lawson Insurance Group, Inc. PWHC"o Ext: 919-846-2090 ext 202 ac No: 919-846-2438 6512-101 Six Forks Rd. EMAIL ADDRESS: leslie.mccoy@lawsonins.com Raleigh, NC 27615 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Nationwide Mutual Insurance Company 23787 INSURED INSURERB: NorGUARD Insurance Company 25844 ProNet Systems, Inc. INSURERC: AIG Specialty Insurance Company 3200 Glen Royal Road INSURER D Suite 107 INSURER E Raleigh, NC 27617 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY y EACPCPP2222994383 02/22/202002/22/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE � OCCUR PREM IS Ea occur snce $ 100,000 X Contractual Liability MED EXP(Any one person) $ 5,000 Contractor's Enhancement PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 � PRO- POLICY LOC PRODUCTS-COMP/OPAGG $ 2,000,000 0 OTHER: Core Cyber 1000 Master Contract IFI551241 04/28/2019 04/28/2020 Aggregate $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident E $ X UMBRELLA LIAB X OCCUR ACPCAF2222994383 02/22/2020 02/22/2021 EACH OCCURRENCE $ 4,000,000 A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED RETENTION$ None $ WORKERS COMPENSATION PRWC900559 04/28/201904/28/2020 X SPER TATUTE ERH AND EMPLOYERS'LIABILITY B ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/M EMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Tools and Equipment Installation Floater $75,000 A Commercial Inland Marine ACP CIM 2222994383 02/22/202002/22/2021 Contractors Equip $22,250 All Job Sites of the Insured $500./$1000. Ded respectively DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space 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 Umbrella/Excess Liability policy is"follow form". Blanket Waiver of Subrogation also applies to the workers compensation policy(please refer to attachments). CERTIFICATE HOLDER CANCELLATION Orange County P. O. Box 8181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hillsborough, NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. E-Mail: khamlett@orangecountync.gov E-Mail: adorman@orangecountync.gov AUTHORIZED REPRESENTATIVE E-Mail: acornetto@orangecountync.gov E-Mail: patf@pronetsystemsnc.com © 88-201 tACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD