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HomeMy WebLinkAbout2016-363-E DSS - Happy Homecare Staffing, Inc. for Registered Nurse services 000vSign Envelope ID:8EeErACr'o810-4u4E-8e1A-rr030004A0En [Departmental Use Only TITLE Happy Homecare Staffing FY 2016-17 ORANGE COUNTY CONTRACT UNDER S15,000'08 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 day of July, 2016, ('Effective Date") by arid between Orange County, North Carolina, a political subdivision 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; WITNESS E T 0L' For the purpose and subject to the te//us 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'C/\P. 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, 2016 to June 30, 2017. 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 approva 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 00/100, ($10,000). The Provider will be paid at a rate of$35/per hour. Provider shall also be reimbursed at a rate of 60 Cents (¢60) per/mile for mileage costs. Payment shall be made within thirty (3O) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the te mso[thix/\greenoent County may, without fault or penalty, withhold any payment associated with the work to hoperh)////eduntil such time as said work is compicted. 7, 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 Re‘imo^//6 1 000vSign Envelope ID:8EeErACr'o810-4u4E-8e1A-rr030004A0En 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 incorporated herein by reference and may he viewed at http://wvvw.orangecnuntync.gov/departments/purchasing divisinn/cnntracts.php). If County'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 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: 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 1 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 or attached to this Agreement, the terms of this Agreement shall have priori in any conflict between the terms of referenced documents and the terms of this Agreement. 9> Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement arid 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. I47'80.58. 10. Dispute Resolution: Any and all suits or actions to eotbrcc, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall he brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding Revised 6/16 2 ■■■ 000vSign Envelope ID:8EeErACr'o810-4u4E-8e1A-rr030004A0En arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the b i iugofsucbxuhurucdon. ll. Non Appropriation: Provider acknowledges that County is a governmenta 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 6/16 3 DocuSign Envelope ID:8EBE7ACF-D810-424E-9B1A-7F030064A6E5 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE OtPirffollY: E 156KAAA.t, tka)AAKAt-Y'StU PROVIDE DocuSigned by: bt,Sa, klara By: 0637994B755E477... By: 2BD.7.625DBAEa498._ County Manager Title: Dl rector 200 S. Cameron St. Lesa Kendrick P.O. Box 8181 6720 Pentecost Road Hillsborough,NC 27278 Cedar Grove,NC 27231 [ Revised 6/16 4 ■ .............. . DocuSign Envelope ID:8EBE7ACF-D810-424E-9B1A-7F030064A6E5 r _ AC CERTIFICATE OF LIABILITY INSURANCE D'TE(M L' 6/2/2016 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(les)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 Martha Dickerson NAIVE: Lester Ins. Group, Inc. T/A The Harper Agency / I PHONE END (336)227-4271 Fax (AA (3 C,NOk 365222-9f 67 1037 S. Main St. arlESa:martba.dickersoneharperinsurance.com PO Box 1867 INSURERS)AFFORDING COVERAGE NAIL o _ Burlington NC 27216 INSURER A:Insurance House, Inc. . INSURED INSURER B: Happy Home care Staffing Inc. INSURER C: 6720 Pentecost Rd. INSURER D: INSURER E: Cedar Grove NC 27231 INSURER F: COVERAGES CERTIFICATE NUMBER:CL166207056 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, 'AWL SUBRI POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE TIM WVD I POLICY NUMBER IMIN/DD/YYYY1 JMMIDD.YYYYI 1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 :Tsar . -1 •`TD A 1.1 50,OOfl CLAIMS-MADE X OCCUR ±. ommrenoe S III AFC9520616 3/1.5/201.6 3/15/2017 MED pip,My ono person $ 5,000 ■ PERSONAL 3 ADV INJURY S 1,000,000 GENL AGGREGATE UNIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY JEC-T { I LOC PRODUCTS•COMP!OP AGG S 2,000,000 OTHER: Professional Liab $ 1,000,000 AUTOMOBILE LIABILnY COMBINED SINGLE LIMIT S (Ea accident) III ANY AUTO BODILY INJURY Per person) S Mil ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS -O NON-OWNED HIRED AUTOS AUTOS (Per ccc sNl S S I UMB:RELLALWB NON DCCUR PROPERTY DAMAGE ....... EACH OCCURRENCE S ■' EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'UABIUTY Y I N 1 STATUTE I ER ANY PROPRIETORIPARTNER/EXECUTNE NIA ELI..EACH ACCIDENT S OFFICER/SEWER EXCLUDED? (Mandatary In NH) E.L.DISEASE-EA EMPLO : $*nabs under If DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Addltlonal Remark,Schedule,may be attached K more spare le required) Includes Sexual Molestation $250,000 per Incident and $750,000 Annual Aggregate. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Social Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P 0 Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 . AUTHORIZED REPRESENTATIVE Martha Dickerson/MHD ^fA41- 11-1--- .4"4'• --r-5e--.- 01965-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) DocuSign Envelope ID:8EBE7ACF-D810-424E-9B1A-7F030064A6E5 DATE • T101DMCERTIFICATE OF LIABILITY INSURANCE April 13,2016 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. 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 The Solutions Group NAME:David Dickie FAX 2211 N.W. Military Hwy., Ste 211 (Arc,No,E#):(210)490-7200 INC I ,No):(866)847-7232 San Antonio, TX 78213 A-MAIL ADDRESS INSURERS AFFORDING COVERAGE INSURED INSURER A:Guarantee Insurance Company Happy HomeCare Staffing, Inc. INSURER B: 6720 Pentecost Rd. INSURER C: Cedar Grove, NC 27231 INSURER D: INSURER E COVERAGES 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 EX LUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EX LTR TYPE OF INSURANCE POLICY NUMBER DATE((MM/DD/YY) DATE((MM/DDJYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) CLAIMS MADE n OCCUR MED EXP(Any one person) PERSONAL&ADV INJURY GENERAL AGGREGATE GENII_AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG POLICY JE 4 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ UU $ WORKERS COMPENSATION AND WCP100494405GIC 03126/2016 03!2612017 X TORY LRi4f 1S ©R EMPLOYERS'LIABILITY EL EA ACCIDENT $100,000 A EL DISEASE.—EA EMPLOYEE $100,000 EL DISEASE—POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Company Contact: Lesa Kendrick CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LEI I R: CANCELLATION Proof Of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE- FORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD