HomeMy WebLinkAbout2018-330-E Aging - Karah Alexis wellness instructorDocuSign Envelope ID: 3532E084- 140C- 4DBA- 87F2- 3DA9BCF97F8B
[Departmental Use Only]
TITLE Wellness Contract
FY 2018 -19
ORANGE COUNTY
CONTRACT UNDER $5,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this twentieth day of July, 2018, ( "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 Karah Alexis (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 and/or construction (hereinafter referred to collectively as "Services ")
to be furnished under this Agreement are as follows: Fit Feet Clinic services
The term of this agreement rendered shall be from July 1, 2018 to June 30, 2019.
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 two -
thousand, five - hundred dollars, ($20.00 per hour). 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
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
Revised 10/17 (Mgr appry 5k6/18)
DocuSign Envelope ID: 3532E084- 140C- 4DBA- 87F2- 3DA9BCF97F8B
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 be designated
here personal 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 County's Risk Manager.
5. Indemnity: The Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be
provided in this Agreement.
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 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. Modifications
may be evidenced by telefacsimile signature. This Agreement together with any amendments or
modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent
of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and
Article 40 of North Carolina General Statute Chapter 66.
8. Governing Law and Priority_: Both parties agree that this Agreement shall be governed by
the laws of the State of North Carolina and Orange County. 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 Non -
Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by
reference and may be viewed at
http: / /www.oran eg countync. og v/ departments / purchasing_ division /contracts.php.). Any violation of this
requirement is a breach of this Agreement and 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 certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that
Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on
the list created by the State Treasurer pursuant to G.S. 147 - 86.81. By executing this Agreement Provider
affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina
General Statutes. In determining the basic services to be provided, should any documents be referenced in or
attached to this Agreement, the terms herein shall have priority in any conflict between the terms of
referenced documents and the terms of this Agreement.
9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be
resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the
dispute. 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.
Revised 10/17 (Mgr appry 5k 6/18) 2
DocuSign Envelope ID: 3532E084- 140C- 4DBA- 87F2- 3DA9BCF97F8B
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.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANGE COUNTY
DocuSigned by:
By: C,
67E9S269@F454FA... )r
200 S. Cameron St.
P.O. Box 8181
Hillsborough, NC 27278
Revised 10/17 (Mgr appry 5k 6/18) 3
':1 VM�11,
OocuSigned by:
By: 4/ AtV 11 .
Title: DAE.34527FE814C4...
Karah Alexis
70 Southern Green Way
Chapel Hill, NC 27517
DocuSign Envelope ID: 3532E084- 140C- 4DBA- 87F2- 3DA9BCF97F8B
onso
05103/18
Karah Alexis
70 Southern Green Way
Chapel Hill, NC 27517 -9311
Dear Karah Alexis:
1100 Virginia Drive, Suite 250
Fort Washington, PA 19034 -3278
Phone: 1 -800-247-1500 FaxA- 800- 758 -3635
Website:www. nso. corn
Enclosed is the replacement certificate of insurance that you requested.
If you have any questions or need assistance, please call us toll free at 1- 800 -247 -1500. Our
Customer Service Representatives are available weekdays from 8:00 a.m. to 0:00 p.m., EST.
Sincerely,
Customer Service
Enclosure
I)eelicalerl '1'n Se ving The h7,srrrance Needy o j`; n)-se.s
Nurses Service Organization is a registered trade name of Affinity Insurance Services, Inc.; (AR 244489); in CA & MN,
A]$ Affinity Insurance Agency, Inc. (CA 6795465): in OK, AIS Affinity Insurance Services Inc.; in CA, Aon Affinity
Insurance Services, Inc., (OG94493), Aon Direct Insurance Administrators and Berkely Insurance Agency and in NY, AIS
Affinity Insurance Agency.
Q032
DocuSign Envelope ID: 3532E084- 140C- 4DBA- 87F2- 3DA9BCF97F8B
HEALTHCARE PROVIDERS SERVICE
CNAORGANIZATION PURCHASING GROUP
Certificate of lit5uranre onso
OCCURRENCE POLICY FORM Print Date: 5/03/2018
Producer Branch Prefix Policy Number Policy Period
018098 970 HPG 0618039403 from 05/27/18 to 05/27/19 at 12:01 AM Standard Time
Named Insured and Address:
Karah Alexis
70 Southern Green Way
Chapel Hill, NC 27517 -9311
Medical Specialty:
Registered Nurse
Program Administered by:
Nurses Service Organization
1100 Virginia Drive, Suite 250
Fort Washington, PA 19034
1- 800 -247 -1500
www.nso.com
Code: Insurance is provided by:
80964 American Casualty Company of Reading, Pennsylvania
333 S. Wabash Avenue, Chicago, IL 60604
Professional Liability
$1,000,000 each claim $ 6,000,000
aggregate
Your professional liability limits shown above include the following:
• Good Samaritan Liability
* Malplacement Liability Personal Injury Liability
• Sexual Misconduct Included
in the PL limit shown above subject to $ 25,000 aggregate sublimit
Coverage Extensions
License Protection
S25,000 per proceeding S 25;000
aggregate
Defendant Expense Benefit
S1,000 per day limit S 25,000
aggregate
Deposition Representation
S10,000 per deposition S 10;000
aggregate
Assault
S25,000 per incident $ 25,000
aggregate
Includes Workplace Violence Counseling
Medical Payments
S25,000 per person $ 100,000
aggregate
First Aid
S10,000 per incident $10,000
aggregate
Damage to Property of Others
S10,000 per incident S10.000
aggregate
Information Privacy �HIPAA) Fines
and Penalties S25,000 per incident $25.000
aggregate
Media Expense
$ 25,000 per incident $ 25,000
aggregate
Workplace Liability
Workplace Liability
Included in Professional Liability Limit shown above
Fire & Water Legal Liability
Included in the PL limit shown above subject to $150,000 aggregate sublimit
Personal Liability
$1,000,000 aggregate
Total: $ 106.00
Base Premium $106.00
Premium reflects Employed , Full Time
Policy Forms & Endo rsements (Please see attached list for a general description of many common policy forms and
endorsements.)
G- 121500 -D GSL10546NC G- 121503 -C G- 121501 -C G- 145184 -A G-1 47292-A GSL15563
GSL5564 GSL15565 GSL17101 GSL13424 CNA80051 CNA80052 G- 123846 -C32
CNA81753 CNA81758 CNA82011
Chairman of th Board
CNA89027 CNA89026
Secretary
G- 141241 -8 (03/2010) Coverage Change Date
Keep this document in a safe place -It
and proof of payment are your proof of
coverage. There is no coverage in force
unless the premium is paid in full. In order
to activate your coverage, please remit
premium in full by the effective date of
this Certificate of Insurance.
Master Policy # 188711433
Endorsement Change Date:
DocuSign Envelope ID: 3532E084- 140C- 4DBA- 87F2- 3DA9BCF97F8B
POLICY FORMS & ENDORSEMENTS
The following are the policy forms and endorsements that apply to your current professional liability insurance policy.
COMMON POLICY FORMS & ENDORSEMENTS
FORM #
DESCRIPTION
G-121500 -D
Common Policy Conditions
GSL10546NC
North Carolina Amendatory Endorsement
G- 121503 -C
Workplace Liability Form
G- 121501 -C
Occurrence Policy Form
G- 145184 -A
Policyholder Notice - OFAC Compliance Notice
G- 147292 -A
Policyholder Notice - Silica, Mold & Asbestos Disclosure
GSL15563
Information Privacy Coverage Endorsement HIPAA Fines, Penalties & Notification Costs
GSL15564
Sexual Misconduct Sublimity of Liability Professional Liability & Sexual Misconduct Exclusion
GSL15565
Healthcare Providers Professional Liability Assault Coverage
GSL17101
Exclusion of Specified Activities Reuse of Parenteral Devices and Supplies
GSL13424
Services to Animals
CNA80051
Amended Definition of Personal Injury Endorsement
CNA80052
Distribution or Recording of Material or Information in Violation of Law Exclusion Endorsement
G- 123846 -C32
North Carolina Cancellation and Non- Renewal
CNA81753
Coverage & Cap on Losses from Certified Acts Terrorism
CNA81758
Notice - Offer of Terrorism Coverage & Disclosure of Premium
CNA82011
Related Claims Endorsement
CNA89027
Entity Exclusion Endorsement
CNA89026
Media Expense Coverage
PLEASE REFER TO YOUR CERTIFICATE OF INSURANCE FOR THE POLICY FORMS & ENDORSEMENTS SPECIFIC
TO YOUR STATE AND YOUR POLICY PERIOD.
For NJ residents: The PLIGA surcharge shown on the Certificate of Insurance is the NJ Property & Liability Insurance
Guaranty Association.
For KY residents: The Surcharge shown on the Certificate of Insurance is the KY Firefighters and Law Enforcement
Foundation Program Fund and the KY LGPT is the KY Local Government Premium Tax which
includes charges at a municipality and/or county level.
For WV residents: The surcharge shown on the Certificate of Insurance is the WV Premium Surcharge.
For FL residents: The FICA Assessment shown on the Certificate of Insurance is the FL Insurance Guaranty Association
- 2012 Regular Assessment.
Form #: G- 141241 -13 (0312010) Named Insured: Karah Alexis
Master Policy#: 188711433 Policy#: 0618039403