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HomeMy WebLinkAbout2020-769-E Solid Waste-First Fire Protection sprinkler repair DocuSign Envelope ID:8A17FDBA-7B53-4839-A719-AFE652FCE36C [Departmental Use Only] TITLE First Fire FY 20-21 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 First Fire Protection,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: Install a FireLite 411UDAC Slave Communicator at the Orange County Solid Waste maintenance shop located at the Orange County Landfill at 1206 Eubanks Road, Chapel Hill,NC as set forth on the attached quote. The term of this agreement rendered shall be from December 17, 2020 to January 10, 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 Six Hundred and Ninety Dollars, ($690.00). 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 Revised 07/20 1 DocuSign Envelope ID:8A17FDBA-7B53-4839-A719-AFE652FCE36C 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 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 countync. 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 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, Revised 07/20 2 DocuSign Envelope ID:8A17FDBA-7B53-4839-A719-AFE652FCE36C North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys' fees. 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. O _, COQQVTY PROV KRSigned by: By: L �W) By: r,unsfbptr r"s V De men erector Title: 200 S. Cameron St. First Fire Protection, Inc. P.O. Box 8181 P.O. Box 10594 Hillsborough,NC 27278 Raleigh,NC 27605 Revised 07/20 3 DocuSign Envelope ID:8A17FDBA-7B53-4839-A719-AFE652FCE36C ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: First Fire Protection, Inc. Party/Vendor Contact Person: Christoper Register, President Contact Phone: 919-830-6546 Party/Vendor Address: P.O. Box 10594 City Raleieh State:NC Zip: 27605 Department: Solid Waste Amount: $690.00 Purpose: Fire Alarm Repair Budget Code(s): 50350020-570000 Vendor# 65499 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 12-17-2020 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 p ' /ikm of the agreement: ou WlwavAs 12/17/2020 Department Director's Signature Date: 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: 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' vosa adards, specifications,and requirements: &A, (hMt TO 12/17/2020 Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in t aam wired by the Local Government Budget and Fiscal Control Act: (�Office of the Chief Financial Officer O%�� Date: 12/22/2020 Legal Services This agreement is approved as to,1egab&mVb&ftd sufficiency: Office of the County Attorney '�SCJ L Auyiw Date:1212212020 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:8A17FDBA-7B53-4839-A719-AFE652FCE36C First Fire Protection Inc. Estimate FIRE PO Box 10594 PROTECTION Raleigh, NC 27605 US 919-830-6546 I N C. mmi ap@firstfire.co ADDRESS SHIP TO Orange County Solid Waste Orange County Solid Waste Management Management 1207 Eubanks Road 1207 Eubanks Road Chapel Hill, NC 27516-7177 Chapel Hill, NC 27516-7177 ESTIMATE# DATE 1103 12/09/2020 P.O. NUMBER 12920 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT 411 UDAC FireLite 411 UDAC Slave 1 350.00 350.00 Communicator Labor Hourly Labor Rate 4 85.00 340.00 Note: Should the quoted repair work not fix the problem, First Fire Protection, Inc. will not bill for the work. TOTAL $690.00 Accepted By Accepted Date DocuSiggn Envelope ID:8A17FDBA-7B53-4839-A719-AFE652FCE36C l.tK i IHIL; ►i t, OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/21/2020 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 NAMEACT Larry F Hodges Ai Insurance PHONE 252-937-2816 PO Box 2444 E Mai E 252-937-6301 ADDRESS: larryhodges@aiins.us FAYETTEVILLE NC 28302 INSURERS AFFORDING COVERAGE NAIC# ------ -- --—.__-__ __ INSURER A: Mt Hawley Insurance Co. INSURED INSURER B: Mt Hawley Insurance CO. FIRST FIRE PROTECTION INC INSURER C: Integon Indemnity Corp. PO BOX 10594 INSURER D: Ohio Security Insurance Co. INSURER E: RALEIGH NC 27605-0594 1 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE [NqnwvDPOLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY — EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A X X PGA0004518 09/05/2020 09/05/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2PO- ,000,000 X POLICY JET LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ 1,000,000 OWNED SCHEDULED BODILY INJURY(Per person) $ C _ AUTOS ONLY X AUTOS X X 2009478282 05/08/2020 05/08/2021 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ MEDICAL PAYMENTS $ 1,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 --' B -X EXCESS LIAB CLAIMS-MADE XGA0001803 09/05/2020 09/05/2021 - - -T - AGGREGATE $ 2,000,000 _ DED RETENTION$ PRODUCTS COMPLETED $ 2,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRI ETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? N/A XWS60618609 11/14/2019 11/14/2020 E.L.EACH ACCIDENT $ 1,000,000 ( under in E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Dyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Inspection,Service/Repair and Testing of Alarm Systems,Fire Extinguishers and Smoke Detectors for Commercial Businesses. Christopher D Register,as President/CEO of First Fire Protection Inc Has Opted to be Excluded Under Workers Compensation Policy. CERTIFICATE HOLDER CANCELLATION Orange County,NC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough NC 27278-8181 AUTHORIZED REPRESENTATIVE LARRY F HODGES ©1988-2015 ACORD CORPORATION. All rights reserve ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD