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Home My WebLink About2014-308 Aging - Charles House Association for respite care $5,000 aio/'f .3 0g [Departmental Use Only] TITLE Caregiver Respite FY 2014-15 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of July, 2014, ("Effective Date") bN <111d between Orange County, North Carolina, a body politic and corporate organized under the laws of the Suite of North Carolina, (the "County"), party of the first part; and Charles House Association (the "Provider"). party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereh� contracts for the services of the Provider, and the Provider agrees to provide the following Services t o the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: provide adult day care respite services following standards mandated by the NC Department of Health and Human Services Division of Aging and Adult Services fo:•licensur,_ The term of this agreement rendered shall be from July 1,2014 to June 30,2015. 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, discrepancie", ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shat l 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 performed in accord with this Agreement. The amount to be paid by the County shall not exceed $5,000.00. ($41.00/day). 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 wc,i k i; completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of an'. 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 waiN cr- of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and t h e 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, not payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Prop icier. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General LiahilitN Insurance, Automobile Insurance, Workers' Compensation Insurance, Professional Liability Insurance. and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are Revised 9/13 1 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://orangecouniync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of 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 Owner's Risk Manager. 5. Indemnity: The Provider agrees 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. 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. 7. Entire Agreement: 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. 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Govemin Law:aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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. 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 anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE CgUNT,.Y PRO By: By: 0_ey� County Manager Title: fxtcus*vt2! r 200 S. Cameron St. 109 Hillcrest Avenue P.O. Box 8181 Carrboro,NC 27510 Hillsborough,NC 27278 Vendor#19446 This instrument has been approved as to technical content. J Ice yler, Depa&nent Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 4 • Ff y pW''1 f IA10 NGJAL SC,ev l Gtst Q/QEF/3� O of Fina&ai Officer This in ent has been approved as to form and legal sufficiency. Office Zrthe County Attorney Revised 9/13 3 CHARL-1 _ OP ID: LR ACOROm DATE(IN M 10 D,YYYY) �.... CERTIFICATE OF LIABILITY INSURANCE Ofi125/2014 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 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 CONTACT Carolina National Ins Agncy NAME: Michael W Riggsbee,Jr 1526 E.Franklin St.Suite 102 AIM E11:919-636-3252 FA c,No): 919-8130-0246 Chapel Hill,NC 27514 E-MAIL Michael Riggsbee,Jr. ADDRESS:luke@cniagency.com INSURERS)AFFORDING COVERAGE NAIC_# INSURER A:Philadelphia Insurance Company 18058 INSURED Charles House Association 109 Hillcrest Avenue INSURER B:iSurity,Inc. Carrboro, NC 27510 INSURER C: INSURER D: 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 POL CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1A''" THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL --F ':RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY PHPK1008025 05110/2014 05/1012015 PREMISES RENTED occurrence $ 100,000 CLAIMS-MADE F7x OCCUR MED EXP(Any one perscn) $ 5,00 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 3,000,00 POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 OO Ea accident $ c A ANY AUTO PHPK1008025 05110/2014 05/10/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ r $ WORKERS COMPENSATION X I WC STATU- I OTH- AND EMPLOYERS'LIABILITY T RY LIMIT B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N WC19056-2013 06/2512014 06/2512015 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? N/A - (Mandatory inNH) E.L.DISEASE-EAEMPL OYES $ 500,00 If yes,describe under 500�0 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , A Professional Lia PHPK1008026 05/10/2014 05/1012015 Ea Inc! 1,000,00 Aggregate 3,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEI_IVERED IN For Information Only"" ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Michael Riggsbee,Jr. @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD