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HomeMy WebLinkAboutPSA - Certified Nursing Assistant Training through Legacy CAN - 1st. Seniors, LLC. dba Senior 1 Care1316 COUNTY -CITY BUILDING{ 227 W.JEFFERSON BOULEVARD 3 PPACT SO] JTH BEND_ INDIANA 46601-1830 v.fr.r, CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 12, 2019 Ms. Rosalyn Summertin I" Seniors, LLC. d/b/a Senior 1 Care 3131 Grape Rd. Mishawaka, IN 46545 RE: Professional Services Agreement Dear Ms. Summertin: PHONE 574/ 235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced agreement for certified nursing assistant training in the amount not to exceed $30,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT" FOR PROH'S TONAL SERVICES This Agreement for Professional Services (this "Agreement") is made effective as of January 1, 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works (the "City"), and 1st Seniors, LLC d/b/a Senior 1 Care (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Compensation. In exchange for the Provider's performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Thirty Thousand Dollars ($30,000.00) (the "Contract Amount"). The City will pay the Contract Amount in installments upon regular invoicing by the Provider (each a "Contract Installment"). The City will not be required to pay a Contract Installment if the City is not reasonably satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of the Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. `berm, Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end on December 31, 2019. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with applicable laws, payments are subject to annual appropriation. If the City Controller makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City Controller that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. The Provider's failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of any breach of this Agreement by the Provider, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. 5. Point of Contact. The City employee identified in Section 10 below will serve as the City's principal point of contact for purposes of this Agreement. 6. lelationsh%r>. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. No employee of the Provider will be considered or deemed to be an employee of the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. lndeninilication of City. The Provider hereby agrees to indemnify, defend, and hold harmless the City and its officials, employees, and agents, from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence or intentional acts or omissions of the City or its officials, directors, employees, or agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Work Product; Owner. The Provider will submit its work product to the City in accordance with the terms of the Scope of Work. Any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services shall be free from claims of infringement and will become the exclusive property of the City. The City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. The City agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the Provider against any damages, liabilities, or costs, including reasonable attorneys' fees, arising from or allegedly arising from or in any way related to or connected with the reuse or modification of the deliverables by the City. The City will credit the Provider each time the deliverables are used. 9. Assiariment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 10. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: LLty: Senior I Care City of South Bend, Indiana 3131 Grape Road 227 W. Jefferson Boulevard, Suite 1400 S. Mishawaka, IN 46545 South Bend, IN 46601 Attn: Roz Summerlin, Attn: Jacob Alexander, Manager of Talent Acquisition Business Development Specialist 11. The Provider shall comply with all applic nt practices, and policies for any activity covered by this Agreement, qac Provider shall comply with all federal, state, and municipal laws,pursuant to this Agreement including, but not limited to, the requirements imposed, by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that she is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 13. Drim-Free WorkDlaC . The Provider hereby agrees to make a good faith effort to provide and maintain a drug-frec workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. No Waiver, No, failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 15. Severabili - In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement are in conflict with any applicable statute or rule of law, then such terms and conditions shall be deemed inoperative to the extent that they may conflict therewith and shall be deemed to be modified to conform to such law. 16- n t irfaw.This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. CITY: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese Dorau, Member Q1 U, - Elizabeth Maradik, Member Genevie I'fl,yRMe rbep X, /'tau O'Sullivau, emberµ � w ,r^' ATTI:S bate:.___ / Linda M. Martin, Clerk, PROVIDER: 1ST SSE JORS, 14 Date: 4 DB/A SENIOR EXHIBIT A Scope of Work [See attached.] EXHIBIT B Contractor's Affidavit [See attached.] S iorlCare C: in Values, Pirsc in Dare October 29, 2019 City of South Bend (South Bend Career Pathways) SeniorlCare Daniel Buckenmeyer Roz Summerlin Director of Business Development Manager of Talent Acquisition 227 W. Jefferson Blvd. 3131 Grape Road South Bend, IN 46601 Mishawaka, IN 46545 Statement of Work Caregiver with the intent to enroll in the Certified Nursing Assistant course through Legacy CNA Training Type of worki scope of practice for a caregiver In the clients living environment could include: Personal Care Assist with Self Care Bath Assistance Shampoo/ Hair Care Shave Intact Skin Care Foot Care Non -diabetic Nail Care Oral Care Denture Care Dress/ Undress Assistance Assist with Toileting Empty Commode Assist with Transfer Assist with Range of Motion Exercises Assist with Ambulation Remind Meds Check Pressure Areas (Skin) Nutrition Prepare Meal Encourage Fluids Food Intake Fluid Intake Transport/ Errands Destination Shopping/ Errands Environment Clean Mirrors Empty Trash Dishes /Counter Check Fridge Clean Fridge Sweep/ Vacuum Mop Floor Dust Sink Counter Clean Toilet Clean Tub Clean Shower Change Linens Make Bed Water Plants Do Laundry Pet Care Equipment Care Companionship Project Description and cost: $2200.00 per participant Legacy CNA Training will deliver: • 38 hours of Classroom Instruction (which includes Registration, Orientation, Classroom and Review hours). 76 hours of Clinical Instruction (which includes competency of the 72 Clinical procedures and Review hours) * The above hours do not include tutoring hours used to help review the classroom and clinical portion of the course prior to the state examination. Once a student completes the above hours a representative of the Indiana State Department of Health will test each student for a written and skills competency examination at Legacy CNA Training. The student will receive a Manual, Resident Care Procedure Manual, 2 TB Tests or Chest X-Ray, Physical Examination and 2 Sets of Scrubs. Introduction to the Role of the Nurse Aide Lesson Objectives: I.The student will be able to describe Long Term Care in comparison with other healthcare settings. II.The student will be able to describe the role of the Nursing Assistant, including the Scope of Practice and the role of facility policies and procedures which may govern care and conduct. III.The student will be able to explain the members and roles of the Interdisciplinary Care Team and the Chain of Command. IV.The student will be able to demonstrate the importance of both verbal and non verbal communication, barriers to effective communication, and interpersonal skills. V.The student will be able to explain culture change/resident centered care and the need to incorporate into daily care Scope of Practice — the tasks for which a nurse aide is trained, thus, allowed to do. Nurse Aide duties include but are not limited to: - Feeding residents- Helping with toileting and elimination needs - Assisting to move safely around the facility- Keep living areas neat and clean- Encourage residents to eat and drink- Care for supplies and equipment- Help bathe, dress, oral care, and other hygiene needs. 1� Daniel Y WcOKnmeYer Date Director of Business Development City of South Bend 227 W. Jefferson Boulevard, Suite 1400 S. MIS= erli Date Manager o en cquisition SeniorlCare South Bend, 1 66 3131 Grape Road Mishawaka, IN 46545 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11 /04/2019 Jacob Alexander Department DCI BPW Date 11/12/2019 Phone Extension 9278 arc � �mHUHu�i�i�i�uHUHi�i�i�mmniniw�vumwn�re�,r�°rnrs�,awu , ��� .rx;M�min� „��n �fia;�airwsauw rrtrm��mmmm<:.�„w>»,.�;�,wr�,tira w�rnirr✓,e�,�;�;�M��omw,.w,�vng��u _.................................. _- .... ........�,�,. ....�, ._ �............. Board eaiicd Prior to Submittal to B._ Legal IZ Attorney Name Sandra Kennedy Controller review s required acontracts Controller ®id for $5,000.00 or more and eater than one year in length per the City Purchasing Policy Purchasing X Check the A ropriate Item f " e....... Professional Services Agreement Contract [] Open Market Contract El Amendment/Addendum Bid Opening El Bid Award Quote Opening El Quote Award El Proposal Opening ❑ C/O & PCA No. ❑ Chg. Order, No. ❑ Traffic Control F I Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description All l Submissions ..........-�w:_� _.......�.._..�_��..���: LJ Proposal Special Purchase, QPA Req. to Advertise Reject Bids/Quotes PCA F] Resolution Ease./Encroach ❑ Title Sheel 1st Seniorsm LLC d/b/a Senior 1 Care Yes ❑ If Yes, Approved by Purchasing ® No ❑MBE Completed E-Verify Form Attached ❑ No WBE Workforce Pathways 1..,..,... _. 9JO22 __...... COIT.�.�_.......�..Grants and Sub.....sid.......�..............e. �����............�.�.�.�.�.�.�...._....... ........._...__........._.a. �.... es 404-1001-460.39-30 ....�..............�___-,�.............__..�.v�....�..............,......_ ,� ... __.,. ....... NTE $30„m000 01 /01 /2019 — 12/31 /2019 .... Provide Certified Nursing AssistantL� training through Legacy CAN Trainin€ for the Workforce Pathways program. For Oblige Ordersol Amount of Increase $ Decrease J$ -) ..�.....��__��. aa._._ .. �.... ...��...�w ............. ...............m ...-.� Previous Amount $ Current Percent of Change New Amount N Increase % -(WWWWWWWW DecreaseW Increase Total Percent of Change: Decrease ( % Time Extension Amount: New Completion Date: