Loading...
HomeMy WebLinkAbout2017-472-E DSS - Happy Homecare Staffing, Inc. for RN services DocuSign Envelope ID:4ED1919B-8BFA-4385-BOCC-6310D35F6154 [Departmental Use Only] TITLE Happy Homecare Staffing FY 2017-18 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 day of July, 2017, ("Effective Date") by and 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; 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, 2017 to June 30, 2018. 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 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 (060) 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 6/16 1 DocuSign Envelope ID:4ED1919B-8BFA-4385-BOCC-6310D35F6154 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 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 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 I 1A 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 priority 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 and County may immediately terminate this Agreement without fiirther 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. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be 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 DocuSign Envelope ID:4ED1919B-8BFA-4385-BOCC-6310D35F6154 arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. • 11. 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] is Revised 6/16 3 • �1 DocuSign Envelope ID:4ED1919B-8BFA-4385-BOCC-6310D35F6154 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of • the day first written above. 0 le.Es€1491EiNTY PR ned by: botA U,it, Aauxwt� sL (,Gs k,,GricL &@ By: 06379948755E477 BY: 7R117695f1R4F114Q8 County Manager Title: Di rector 200 S. Cameron St. Lesa Kendrick P.O. Box 8181 6720 Pentecost Road Hillsborough,NC 27278 Cedar Grove,NC 27231 • • 1 ' • • lj Revised 6/16 4 , •-- t GATE(MMJD Dr(rrig DocuSign�lope ID:4ED1919B-8BFA-4385-BOCC-6310D35F6154 LIABILITY INSURANCE 6/9/2017 ° THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT•I�F�IICC1iATE HOLDER, THIS 1 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 RET1VEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: tr the certificate holder is an ADDITIONAL INSURED,the polloy(fes)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 thls certificate dons not confer rights to the certificate holder In lieu of such endorsement(s). .. - P, PRODUCER CONfACT Martha Dickerson I NAME: _____ -- Lester Ins. Group, Inc, T/A The Harper Agency �P-mg"o.Eall� (336)227-4271 FAG�N tx�6fxzz-9a57 1037 S, Hain St. dAILi9:mart:ha.dickerson@harperinsurancn.00m - INS UREEtS)AFFORDING COYERAGE RAIL a Burlington HC 27215 — INSURER s,>?roAaauranco Spocia1ty_Insurance INSIIREO INSURER B: nappy Honecare Staffing Inc. INS mu c 6720 Pentecost Rd. INSURER a INSURERS: CedRr Grove NC 27231 INSURER E' COVERAGES CERTIFICATE NUMBER;CL1731407766 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 ti 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 PAN)CLAIMS- IrTSR' ....—•AI}OL'SU5R{{ POLICY Ur POLICY D ------ -_. LTR TYPE OF INSURANCE INSD WYLLI POLICY NUMBER IMM10DIYYYYI IHMIDWY7YY1„ LAMS X COMMERCIAL GENERAL LIAIWILITY EACH OCCURRENCE $ 1,000,000 A i cIItIA1s•IJV+DE I,X I OCCUR 004,'�GE TO Fi1:NTE0- 503 000 9RF_MIg (rn oorl gna l 5 — - _. 10osrct13},52D1) 3/15/201.1 3(15/2010 MOEXP!Anyow)person}._ s_-- RA 5,000 --•T PERSONAL&AM/INJURY $ 1,000,000 GEW.AGGREt¢ATC MIT APPLIES PETE OFNERALAGGRECATE S 2,000,000 X POLICY Ni�Jgc 100 PRODUCTS•t'.Oh1P}(3P AGO 5 2,000,000 :OTHER PlWessknol Llal ny 3 1,000,000 I� AUTOMOBILEUABIUTY v COMaINED SINGLE LIMIT (Ea v;Gdantl $ _ ANY AUTO BODILY INJURY(Pte P:11'c ) 5 •.— AUTOS�Ep AUTQSULEO MEALY INJURY O'er occident) $ NON-ORA EO PROPERTY DAAAAr3s $ HIRER AUTOS S — AUTOS _LPg(_�;�c•�3pnt} ail $- UMBRELLA DAB OCCUR EACH OCCURRENCE S EXCESS LIAO CLAIMS_l1 OE, AGGREGATE $ 0EO 1 RtTENTION$ 5 j WORKERS COMPENSATION PER 10TIH- SI AND EMPLOYERS'LIABILITY Y t N -..__I_ T 4]i;._. 1.ER ANY --- ANY PROPRIETORI ARTNERIEXECUTIVE n N r A ESL EACH ACCIDENT S —_- OrF10ERIRIE[dSER E;tCLU0EU9 (Mandatary In NH) EL-DISEASE-EA EMPLOYE 1,_ — —.- --.-Units=aO7OPEIOI0NS leow 17,1_DISEASE-POLICY LMIT S »............._....._ DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (ACORC 1111,AdSIIIOnet Hamelin Schndula,mxy MI apache.if morn apace Ira ruqulroa) Includes Sensual Mo1ostation $250,000 per Incident and $750,000 Annual Aggregate. CERTIFICATE HOLDER CANCELLATION jJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Social Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7? 0 Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. • • • tii.lisboz.ougla, NC 27270 • AUTHORIZED REPRESENTATIVE 1s Martha Dickerson/MHO f Ick e•-*/-,ei-, -1.-3 r c.��.,,/^r.a,y-,. I ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are regIstered marks of ACORD INS02512€11401) 1 ; DocuSign Envelope ID:4ED1919B-8BFA-4385-BOCC-6310D35F6154 • A_ .DT. CERTIFICATE OF LIABILITY INSURANCE Aprilg4�2017 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 en ADDITIONAL INSURED,the pn€icy(€es)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain po€Ides may requite an endorsement.A statement on(his certificate does not confer rights to the certificate holder in lieu of such endorsernent(s}. PRODUCER CDITACT The Solutions Group NAME: David Dickie � P€ICN€= FAX 2211 N.W. Military Hwy,, Ste 211 we,No,E.ne:(230)490-7200 J(AIC,N01:(813I:).) 847-7232 San Antonio, TX 78213 --- ADDRESS: — — — INSURERS AFFORDING COVERAGE INSURED INSURER A:A_shmere Insurance Company Happy HorneCare Staffing, Inc. 6720 Pentecost Rd. INSURER C. Cedar Grove, NC 27231 INSURER D. INSURER D. INSURER P2 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW l LAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W I f Ii RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCI I POLICIES,L,MITS SHOWN MAY,H,AVEBEEN IE REDUCED ED t3YPAi€ CI AIMS INSR' I D ..__Cwvrf 51WOOrYE POLICY MM 1=%y -_.... ---'--------•---' ---._'- L1Ti _ TYPE OP INSURANCE €'OLICY NUMHFR OAJ"E�(MM117rT11`Y} DATE((M3ulfnr]]YY �----rlMmb.....,.._._,..,..,.._.,.._.,_...,.._._.._......_... GENFRAI LIABILITY EACEI OCCURRENCE COMMERCIAL,GENERAL IIASILItY FIRE DAMAGE(Any me fire CLAIMS MADE OCCUR MOD EXP(Any orra penerm( PERSONAL A ADV INJURY s 3 GENERAL AGGREGATE OWL AS",G€?FOAL€E I.IMITAPPLIES PER: PRODUCTS--COMP/OP AGE POLICY f PRO- LOG .. JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea arxidenl) �" 6 ALL OWNED AUTOS MAY INJURY �-rv,_._...___......._,__..__...__...�.._.__ SCHEDULED AUTOS I tf'er peJaaii) r HIRED AU ID;; I 11701!-Y INJURY NON-OWNED AUTOS (Peraceidunt) EXCEBS LIABILITY 'EACH OCCURRENCE $ I OCCUR CLAIMS MADE 'AGGREGATE S t)LDIJL I IRLE: RETENTION 5 I � woRrtEtzscofnPENSanoNANn WCP404043041A1C 43l2612417 03126!241$ X I T(743511vt€4„1 art _.. EMPLOYERS'LIABILITY FA_EA ACCIDENT 5700000 El,DISEASE-EA EMPLOYEE T 1OfI,000 - _ I C .s500,000 El.DISEASE-POLICY Ll:-ell OTNE_R I I i I DESCRIPTION OF OPERATIONf1.00AT1ONSIVEHICLES(EXCLUSIONS ADDED fly EUUGHSEMFNT/SPECIAL.PROVISIONS Company Contact: Lesa Kendrick CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LL+r IL-N: CANCELLATION ' Proof Of Insurance SHOULD ANY or 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 • I •