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Home My WebLink About2014-274 Aging - Michael Savino for therapeutic massage services $2,400 s af_e_� [Departmental Use Only] TITLE Wellness Instructor 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") 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 Michael Savino (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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: therapeutic massage at the Seymour Center 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, 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 performed in accord with this Agreement. The amount to be paid by the County shall nct exceed two- thousand, four-hundred dollars, ($2,400.00). 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 Provider, 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, Professional Liability Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insunrnce Coverage Revised 9/13 1 Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg counlync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of professional liability insurance (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. Governing 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 Care Tina 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 :)f 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 •r IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By: By: l/1�J (, VM ar, County Manager Title: t 9 200 S. Cameron St. 505 Long Leaf Drive P.O. Box 8181 Chapel Hill,NC 27514 Hillsborough,NC 27278 Vendor#44715 This instrument has been approved as to technical content. Jac Tyler,DepAnent Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. tom( GJ �• J�� Office of the Chief Financial Officer This i ent s en approved as to form and legal sufficiency. Office f the Cou ty Attorney Revised 9/13 3 CERTIFICATE OF LIABILITY INSURANCE DA2r�i20D14' 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 pollcy(les) must be endorsed. If SUBROGATION 1:3 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). PRODDER CONTACT Francis L.Dean&Associates of Indiana,LLC NAME: 310 West Cook Road Suite 204 AlCNNo Fxt): (877)732-4746 Ile Fort Wayne,IN 46825 EDORess: )nfDINLOMean.com fdean.comiRedlrectlN,htm INSURERS)AFFORDING COVERAGE NAIC Y INSURER A: U.S.Fire Insurance Company 21123 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION(PURCHASING GROUP)AND INSURERS: ITS PARTICIPATING MEMBERS: INSURER C MICHAEL SAVINO INSURER D: 506 LONG LEAF DRIVE INSURERS; CHAPEL HILL,NC 27517 919-967-1043 �INSURERF: r i COVERAGES CERTIFICATE NUMBER: USS233328 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 pOLiCYNUMBER POLIO EFF POLICY EXP LIMITS LTR INSR WVD MMR70A'YYY MMIO GENERAL LIABILITY GENERALAGGREGATE $ 3,000• X) X COMMERCIAL GENERAL UASIUTY PRODUCTS-COMPIOP AOG 5 3.000,000 CWMS.MAZE a OCCUR PERSONAL&ADV IN.RtRY S 11000,000' A SRPG-101-0413 2/19/2014 2/1912015 12:01 AM 12:01 AM EACH OCCURRENCE $ 1,000.000 FIRE DAMAGE(Any one 5n r) $ 300,000 CENL AGGREGATE UWT APPLIES PER MED EXP(AM one person) $ 5,000 X POUOY JECar LOD PROFESSIONAL LIABILITY Included COMINNED SINGLE LIMIT S AUTOMOBILE LIABILITY a eeoN ANY A MO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per Scoldfnt) s AUTOS AUTOS NON•OWNEO PROPERTY DAMAGE ERRED AUTO AUTOS Per etddenR $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAMS-MADE AGGREGATE $ OED RETENTION S $ WORKERS COMPENSATION WC SIATU- OTH AND EMPLOYERS'LIABILITY YIN TORY LIMITS $ ANY PROPRIETORIPARTNEWEXECImVE E.L EACH ACCIDENT OFFICERIMEMI ER EXCLUDED? ❑NIA $ (Mandatory In NH) E.L.DISEASE-EAEMPLO'(EE S Iryee.dewrlbe ender EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below AD&D . MAXIMUM MEDICAL DEDUCTIBLE TERMS OF PAYMENT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Business Operation:"Massage and Approved Modalities* No coverage Is provided for Hot Stone Massage Therapy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE FrahttZy L. tea n� ®1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Client#:955852 04SENIOCAR1 DATE(MWDD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 07/25/2014 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 NAME: BB&T Insurance Services, Inc. PHONE 888 743-2217 - 8888279861 414 Gallimore Dairy Road -MA L°'EXt: ac,No ADDRESS: Suite F INSURER(S)AFFORDING COVERAGE NAIC# Greensboro,NC 27409 INSURER A:Evanston Insurance Company 35378 INSURED INSURER B:Riverport Insurance Company 36684 Senior Care of Orange County Attn Day Health Cent INSURER C:Travelers Casualty&Surety Co 31194 PO Box 8181 INSURER D: Hillsborough,NC 27278-8181 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 CONTRACTOR OTHER DOCUMENT WITH RE=SPECT 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD A GENERAL LIABILITY SM901844 7/1312014 07/13/2015 DEACHGOCCURRENC= $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea RENTED $5O OOO X CLAIMS-MADE F-1 OCCUR MED EXP(Anyone parson) $5,000 X BI/PD Ded:5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP,OP AGG $ PR POLICY . o- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Pei person) $ ALL OWNED SCHEDULED BODILY INJURY(Pei accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAG= HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ B WORKERS COMPENSATION WC329001526503 2/08/2014 02/08/201 X TO Y LIMIT OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? F_Y� N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $500,000 A Errors&Omission SM901844 7/13/2014 07/13/2015 $1,000,000/$3,000,000 C Crime 105613156 5/15/2013 05/15/201 $100,000 Ded: $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Miscellaneous Coverage-Professional Liability-Pol.#SM901844 Professional Liability Limit#1: 1,000,000 Ded.#1:$5,000.00 Limit#2: 3,000,000 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Senior Care of Orange Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Day Health Center ACCORDANCE WITH THE POLICY PROVISIONS. For Information Only PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278-8181 p C 1988-2010 ACORD CORPOR4TION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S12735871/M12735867 JUS C DESCRIPTIONS (Continued from Page 1) **Workers Comp Information** Proprietors/Partners/Executive Officers/Members Excluded: Jack Chestnut, president Jerry Passmore,secretary Ed Flowers Mary Ann Peter Food and Beverages consumed on insured's premises are covered under the operations coverage of the General Liability policy. SAGITTA 25.3(2010/05) 2 Of 2 #S12735871/M12735867