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Home My WebLink About2015-308-E DSS - Happy Homecare Staffing, Inc. for RN services $10,000 DocuSign Envelope ID:90C1 B51 E-E878-48B8-B980-2C934FC73BAD [Departmental Use Only] TITLE Happy Homeeare Staffing FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 st day of July, 2015, ("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 Happy Homecare Staffing, Inc. (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: The Provider will provide a Registered Nurse to make home visits for the purpose of conducting RN assessments of beneficiaries of the Community Alternatives Program for Disabled Adults(CAP/DA) in Orange County and entering the required data in e-CAP. Assessments will be scheduled by the CAP/DA case managers in the Adult Services Unit of OCDSS. The Registered Nurse will attend OCDSS approved training prior to performing any such assessments,and attend any new training as necessary. . The term of this agreement rendered shall be from July 1, 2015 to June 30,2016. 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 not exceed Ten Thousand Dollars and 001100, ($10,000). The Provider will be paid at a rate of$35/per hour. Provider shall also be reimbursed at a rate of Sixty Cents (¢60) per/mile for mileage costs. 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 Revised 7114 1 DocuSign Envelope ID:90C1 B51 E-E878-48B8-B980-2C934FC73BAD 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 Owner'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 incorporated herein by reference and may be viewed at http_/loran eg countvnc.gov/purchasinWcontracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of General Liability Professional that includes coverage for abuse or sexual misconduct and employee theft (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 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 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: 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. Governin_ Lg 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. 109 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. Revised 7/14 2 DocuSign Envelope ID:90C1 B51 E-E878-48B8-B980-2C934FC73BAD IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORA IMP G O LINTY PR7B[)76-2&E)84E ERSigned by: f"VULU', �A M1MWSV W29/2015 o, "4,V't(�c 6/9/2015 By' osa��a.®zs��a»... By' se... Bonnie Hatnmersley, County Manager 200 S. Cameron St. Lesa Kendrick P.O. Box 818I 6720 Pentecost Road Hillsborough,NC 27278 Cedar Grove,NC 27231 Revised 7114 3 DocuSign Envelope ID:90C1 B51 E-E878-48138-13980-2C934FC73BAD HAPPHOM-01 JNEWTON CERTIFICATE OF LIABILITY INSURANCE DATE 26/2DlYYYY) s�zsi2al s 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,subjectto 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 _NAME:CONTACT Jennifer S. Newton _ The Harper Agency,Lester-Insurance Group Inc. PHONE $3fi 227-4271 (A IC,PO Box 1867 lnrc Ne E:ts: y..._.. ( Ic Nol: E-MAIL 1037 S.Main Street ADDRESS:.__ ____ Burlington,NC 27216 _ INSURER(SI AFFORDING COVERAGE _ NAIC N INSURER A:ProAssurance Specialty Insurance Co. INSURED INSURER 0: Happy Homecare Staffing,Inc. INSURER c 6720 Pentecost Rd. INSURER D Cedar Grove,NC 27231 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 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. - -ADDL SUER " POLICY EFF POLICY EXP INSR TYPE OF INSURANCE INSD WYD POLICY NUMBER MMlODfYYYY MMlOD/YYYY LIMITS LTR A X COMMERCIAL GENE EACH OCCURRENCE $ ,aaa,OD � LYAM�FTSRENTED CLAIMS-MADE ^J OCCUR AFC9520615 03!95!2015 03/1512016 PREMISES[Ea occurrence) $ 50,00 MED EXP(Any one person) $ 5,00 _PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIESPER. _GENERAL AGGREGATE $ 2,000,00 PRO- PRODUCTS-COMPIOP AGG $ POLICY F_JECT LDC "--- OTHER PROFESSIONAL LI $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea acodent) ___„ ,_ ANY AUTO BODILY INJURY(Per person) $ _ I -- -- ALL OWNED _ 7 SCHEDULEC BODILY INJURY(Per acddemt $ AUTOS —....:AUTOS NON-OANED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acmdent) $ ;UMBREIL-LA LIAR OCCUR _F.AGH OCCURRENCE_ S ESSLIAB CLAIMS-MAO - AGGREGATE $ DED=RETENTION$ $ -WORKERS COMPENSATION PER OTF�- STATUTE ER _ AND EMPLOYERS'LIABILITY YIN `-A :ANY PROPREETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT DFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ (Mandatory in NHI _.",_ If yes,describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached 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 DELIVERED IN Orange County Social Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE/ pp Q 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:90C1 B51 E-E878-48B8-B980-2C934FC73BAD HAPPHOM-01 JNEWTON ACORO" F CERTIFICATE OF LIABILITY INSURANCE DATE(MMfoorrrrY) 5/28/2016 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 d. 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 NAOMEACT Jennifer S. Newton The Harper Agency,Lester Insurance Group Inc. PHONE -- FAX PO BOX 1867 .(AJ C,.No,.E.x4].:.I33F?.22T-4ZT'I-__- WC,NO: 1037 S.Main Street ADDRESS: Burlington,NC 27216 -- - INSURER(SI AFFORDING VI IrERAGE NAIC 9 - - _.._... INSURER A:PPDASSUrance Specialty Insurance Co. ----- INSURED - - - - INSURER , Happy Homecare Staffing,Inc. INSURER c 6720 Pentecost Rd. INSURER D: _.__ -- — — Cedar Grove,INC 27231 - INSUREri.E.'._.-_-.- INSURER F c ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I 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.OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'N99.1 .-.-...._— ------- -FDUaRI Gi ...... ..............__.._POL4Y EFF W-CYY EXP LTR TYPE OF INSURANCE INSD!riND I POLICY NUMBER MMIDDfYYYY MMID LIMITS A X coMMERCIALGENERALLIABIUTY EACH OCCURRENCE ; 1,000,0 CLAIMS-MADF X OCCUR AFC9520616 03!1512016 03/15/2016 ; 50 40 PREMISES fEa Dccurrance) --- --__--I - -_ MEDEXP(Any one person) $ 5,0 PERSONAL&ADV iNjuRY s 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE ;. - T 2,000,00 X POLICY I-- PRO - --- - . I JEC F—]T LOC PRODUCTS-COMPfOP AGG S OTHER PROFESSIONAL Li ; 7,000,04 AUTOMOBILE LIABILITY C Ea t31N IN L l $ aeGdent ANY AUTO __ BODILYINJURY(Perperson) $ yALLOWNED SCHEDULED BODILY INJURY(Per aceidenq $ AUTOS L„_, AUTOS ! NON-OWNED PROPERTY DAMAGE HIREDAUT05 AUTOS S UMBRELLA LIAR i�OCCUR EACH OCCURRENCE EXCESSLIAB CLAIMS-MADE AGGREGATE ; DEC !RETENTION 3 $ I WORKERS COMPENSATION PER ERH• i !AND EMPLOYERS'LIABILITY YIN ;STATUTE ANY E OF FICERIMEMBER EXCLUDED?ECUTwE N I A F.L.EACH ACCIDENT _ E i(Mandatory in NHi E.L,DISEASE-EA EMPLOYEE ; "-.._-..._...__. III yes,describe under D OF OPERATIONS below E,L,DISEASE-POLICY LIMIT S i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additlonal Remarlm Schedule,may be attached it more space is required) (Policy includes Sexual Misconduct Coverage-$230,000 per occurrence and$750,000 aggregate CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Social Services THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN Or Or Box 8161 ACCORDANCE 4111TH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE 0 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:9OC1 B51 E-E878-48B8-B980-2C934FC73BAD ACOAM, CERTIFICATE OF LIABILITY INSURANCE THIS CMWWM 18 ISSUED AS A MATTER OF 09:0RIt1ATION ONLY AND CONFERS NO RNSHT3 UPON THE CERT"rATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORD LIY THE POLICES BELOW.THS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NSWRERM AU1 IDRIM II—SEiNTATNE OR PRODUCER,AND THE CERTIRCATE HOLDER NPORTAIrr.K the arI'M I Iaafdet b an ADDITIONAL SMUREA,the poRCy(In)must to eadotaad.N SLMRORATIOM IS WAfVM aawhiM to the farms and oowdftloan a4 wa P�R11�oertaM P 7 e en A sb&wiwt ml tf11a s Mr Is doom not owdIn aypda fD the ea tl lkofa holder In San at such andowaeeeai(* PROpUCER CONTACT NAME The Solutions Group Oarld L7ItJde FAx 2211 N.W.Nil"Hwy.,Ste 211 we.No.E: t 490-7200 .ter: a66 847-7= San Antonia,TX 78213 E ADDRESS: INSURERS AFFORDING COVERAGE 119KIRID WSURER A:OLMWM to II18la InDS CwlMalq Happy HonwCam Stalling,Inc. MISURERW 6720 Pentecost Rd. FASLSOM c Cedar Grove, NC 27231 " a MURER E: COVERAGES TM IS TO COMFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD H31CATED.NOTWITHSTANDMIG ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHKSH THIS CMWEATE MAY BE ISSUED OR MAY PERTAIN,TW INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREMI 4S SUBJECT TO —6111 THE JERM EXQ1001116 AND, OF SUCH EQLKM� LIMFM-CJ4fWJM 14AVF I jEM&W Mf Bw GLam LTR TYPE OF INISURAHM P(L16Y M� oA % LIVIRS GENEM LLMN ITY EACH OCCURRENCE COMMERCIAL GENERAL LHBRJTY FIRE DAMWE[way one ire) 4a,Aw WIDE ❑OCCUR HIED E%P{AIM one perwn) PERSONAL 3 ADV INJURY GENERAL AGGREGkTE GEICL AGGREG 47E LIMITAPPL>ES PEW PRODUCTS-COMPKP AGG POLICY PRQ LOC AUTOMONA LMO LITY CC SaaCAP I mFr AMY AUtO (Fe '4 a AL OWNEDAU OS SODLYNAIRY SCHEDULED AUTOS Iw P� a HIRED HUTOS $ODLY INJURY � NON-CN04 O AUTOS mw EXCM UANUTY EACH OCCURRENCE S OCCUR E-1 CLAMS MADE AGGREGATE S a DEDUCTMILE s RETENTION s s YllnwmRS COMIENIIATIM AW WCN 0049440+OE= owmwi 5 0=0wi 6 x r�Plor®rar LIASErrr EL EA ACC 3EW a!00,800 A E.L.DISEASE-EA EMP WEE s 409AW LL OL.ASE-POLICY u r a!;00,000 DESCIIII"MCIIF aPBw►TfawLOCA ADgED ar pAd1hBIO" Company Contact Lesa Kendrick CERMFICATE HOLDER Aowtloavll M giBIIRERLETTER: CANCEIIATION Proof Of Insurance SHOULD ANY OF THE ABOVE DEVICROM POL,KMEB BE CANCELLED Wa- FORE THE I`7MIR UM DATE TH19WOF,N01XX VOLL HE O8.11IW IN ACCORDANCE11MITN THE POLICY PRONISIOIiB. RBITA7tIlE %CORD X (21"W" Thy ACORD now AM 1W an agN bei a IIMNtia Of AGORD