HomeMy WebLinkAboutContract 54323 CSC No.54323
STAFFING AGREEMENT FOR PER DIEM
THIS AGREEMENT is entered into by and between NURSECORE MANAGEMENT SERVICES, L.L.C. D/B/A
NURSECORE DFW STAFFING (hereinafter referred to as"Agency"), and CITY OF FORT WORTH (here in after referred
to as"Facility");
WITNESSETH :
WHEREAS, Agency is in the business of providing trained nursing personnel (Nurses) on a temporary basis to a Facility. Facility
is in need of a source of supplemental nursing service personnel and wishes to engage Agency to provide temporary nursing staff,as
it is able,to Facility under the terms and conditions contained herein;and
WHEREAS, the parties hereto wish to comply with the Administrative Simplification rules promulgated under the Health
Insurance Portability and Accountability Act and set forth at 45 C.F.R. 5160,et. seq. ("HIPAA");
NOW,THEREFORE,the parties agree as follows:
I. Term of Agreement and Cancellation Policy
This Agreement shall commence on the 4th day of August,2020,and shall remain in effect until such time as either party provides
thirty (30) days advance written notice to the other party requesting termination of the contract. Upon termination of this
Agreement, all Protected Health Information ("PHI"),which includes electronic Protected Health Information ("e-PHI"), (as such
terms are defined at 45 C.F.R.§160.103)provided by Facility to Agency or created or received by Agency on behalf of Facility shall
be destroyed or returned to Facility. If return or destruction is not feasible, Agency shall extend the protections set forth in this
Agreement to such PHI and shall limit further uses and disclosures of such PHI for so long as Agency maintains the PHI.
II. Obligations of Agency
A. In order to provide the highest level of service and to comply with federal and state requirements, Agency promises to follow
these staffing criteria.
1. Agency shall match the skills and experience levels of its Nurses to the specific needs of Facility.
2. Agency Nurses shall report to their designated supervisor before he/she begins working.
3. Agency shall maintain an employee file on each of its Nurses containing the following:
a. A completed application which includes skills,specialties and preferences.
b. Documentation of education or training.
c. Skills Inventory.
d. Two recent work references
e. TB test and evidence of health status in accordance with State regulations.
f. Dates hired and oriented.
g. Job description.
h. Performance evaluation.
i. Copy of current license, registration or certification, as applicable.
j. INS Form I-9 and documents establishing identity and work authorization.
k. Background check
1. Drug testing results
in. CPR or ACLS Card
4. Agency will not actively solicit Facility employees for employment with Agency.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Per Diem Initials: Page 1 of 7
5. All Nurses assigned to Facility pursuant to this agreement shall,for the purposes of this agreement,be considered employees
of Agency. Agency shall assume sole and exclusive responsibility for the payment of wages to its Nurses for services
performed by them. Agency shall, with respect to said Nurses, be responsible for withholding federal and state income
taxes, paying Social Security taxes, unemployment insurance and maintaining workers' compensation insurance coverage
in an amount and under such terms as required by State law. Agency will verify the identity and work authority of each
employee under the United States immigration laws.
6. Agency is in compliance with all state and federal laws applicable to the employment of the Nurses assigned to Facility.
7. Agency agrees not to discriminate in the assignment of its Nurses on the basis of race,creed,color,national origin,sex,age,
disability or veteran status.
8. Agency maintains and during the term of this Agreement will maintain,general liability and professional liability insurance
coverage for Agency, its agents and employees, with a liability limit of not less than $1,000,000 per occurrence. Agency
will provide, upon request, Certificates of Insurance or other evidence of coverage, and it will notify Facility of any
cancellation or modification of its liability insurance.
9. Agency will comply with JCAHO standards for the use of supplemental nursing services by facilities.
B. In order to provide the highest level of service Agency shall work with the Facility to provide Nurses as follows:
1. Upon request by Facility, Agency shall assign as many such Nurses as are available for such assignment. Agency cannot
guarantee at any time that all staffing requests will be filled.
2. Agency shall give Facility (24) twenty-four hours notice regarding nurses which Agency cannot provide on orders placed
in advance for weekly positions.
3. Agency shall notify Facility within thirty(30) minutes of a request for staff for emergency or same day periods.
4. Facility orders will receive priority over orders of non-contract facilities.
C. In relation to its provision of the above-described services,Agency agrees:
1. to not use or disclose PHI,other than as permitted or required by this Agreement or as "required by law" (as such term is
defined in 45 C.F.R. §164.103);
2. to use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for by this Agreement;
3. to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the
confidentiality, integrity,and availability of the e-PHI that it creates,receives, maintains,or transmits;
4. to mitigate,to the extent practicable, any harmful effect that is known to Agency of a use or disclosure of PHI by Agency
in violation of the requirements of this Agreement of which it becomes aware;
5. to report to Facility any use or disclosure of PHI not provided for by this Agreement and any"security incident" (as such
term is defined in 45 C.F.R. §164.304) of which it becomes aware;
6. to ensure that any agent, including a subcontractor, to whom Agency provides PHI received from, or created or received
by Agency on behalf of Facility,agrees to the same restrictions and conditions,including the implementation of reasonable
and appropriate safeguards to protect e-PHI,that apply through this Agreement to Business Associate with respect to such
information;
7. to provide access, at the request of Facility, and in the time and manner designated by Facility, to PHI in a "designated
record set"(as such term is defined in 45 C.F.R.§164.501)to Facility or,as directed by Facility,to an individual as required
by HIPAA;
8. to make any amendment(s)to PHI in a"designated record set"that Facility directs or agrees to pursuant to HIPAA at the
request of Facility or an individual,and in the time and manner designated by Facility;
9. to make its internal practices,books,and records,including policies,procedures,and PHI,relating to the use and disclosure
of PHI received from,or created or received by Agency on behalf of Facility,available to Facility or to the Secretary of the
Department of Health and Human Services(the"Secretary"),in a time and manner designated by Facility or the Secretary
for purposes of the Secretary determining Facility's compliance with HIPAA; and
10. to document disclosures of PHI and information related to those disclosures as would be required for Facility to respond
to a request by an individual for an accounting of disclosures of PHI,and provide to Facility or an individual, in a time and
manner designated by Facility,information collected in accordance with this Section II.C.10. of this Agreement,to permit
Facility to respond to a request by an individual for an accounting of disclosures of PHI in accordance with HIPAA.
Per Diem Initials.-Ill
nitials:(ll Page 2 of 7
D. Agency may use or disclose PHI to provide the above-described services to Facility if such use or disclosure of PHI would not
violate HIPAA if done by Facility. Further, Agency may use or disclose PHI for its own management and administration or
to carry out its legal responsibilities. If Agency discloses PHI for its management or administration, it shall obtain reasonable
assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as
"required by law" or for the purpose for which it was disclosed to the person, and the person notifies Agency of any instances
of which it is aware in which the confidentiality of the PHI has been breached.
III. Obligations of Facility
In order for the Facility and Agency to work as efficiently as possible together,the Facility agrees to the following:
1. All Nurses provided by Agency for the term of this contract are the employees of Agency. The Facility will take no steps
to recruit those Nurses provided by Agency to become employees of the Facility during the term of the Agreement. Facility
understands Agency is not an employment agency and that its employees are assigned to the Facility to render temporary
service and are not assigned to become employed by the Facility. The Facility further acknowledges the considerable
expense incurred by Agency to advertise, recruit, interview, evaluate, reference background check, drug screen and
supervise its employees. Accordingly, the Facility may not hire Agency Nurses unless it first arranges with Agency the
manner by which Agency is to be compensated for its expenses and loss of revenue.
2. Facility will not arbitrarily discriminate against its former employees who go to work for Agency regarding future
assignment at the Facility through Agency.
3. During the term of this Agreement, Facility will not request through another service,Nurses previously assigned to it by
Agency.
4. Facility agrees not to discriminate in the assignment of Agency Nurses on the basis of race, creed, color, national origin,
sex,age,disability,or veteran status.
5. The Facility shall communicate its needs as precisely and specifically as possible so that the appropriate Nurse may be
assigned. The Nurse assigned shall be assigned to perform the specific duties as agreed. The Facility understands that
Agency will use the best efforts to fill their requests but that Agency may not always be able to fill all their staffing needs.
6. Facility will orient Nurses to the Facility and its rules and regulations,including the physical layout and equipment on any
unit to which such Nurses are assigned.
7. Facility is responsible for supervision of nursing personnel sent by Agency.
8. Facility nursing supervisors will assist Agency, on a continuing basis, with evaluation of Agency Nurses by providing
performance information and/or access to clinical areas for observation by Agency Clinical Director.
9. Facility shall allow Agency Nurses,at no expense to Facility,to attend appropriate facility staff development programs.
10. Facility will immediately notify Agency of any problems regarding Agency Nurses. Facility shall notify Agency
immediately of the initiation of any complaint, inquiry, investigation, or review with or by any licensing or regulatory
authority,peer review organization,hospital committee,or other committee,organization or body which reviews quality
of medical care which complaint,inquiry,investigation,or review directly or indirectly,evaluates or focuses on the quality
of care provided by Agency either in any specific instance or in general.
11. Facility will make available to Agency copies of all documentation about problems or incidents in which Agency employees
are involved.
12. Facility shall:
a. notify Agency of any limitations in its notice of privacy practices produced in accordance with HIPAA, to the
extent that such limitation may affect Staff Agency's use or disclosure of PHI;
b. notify Agency of any changes in,or revocation of,permission by an individual to use or disclose PHI to the extent
that such changes may affect Agency's use or disclosure of PHI;
c. notify Agency of any restriction to the use or disclosure of PHI that Facility has agreed to in accordance with
HIPAA to the extent that such restriction may affect Agency's use or disclosure of PHI;and
d. not request Agency to use or disclose PHI in any manner that would not be permissible under HIPAA if done by
Facility except for uses and disclosures permitted under Section II of this Staffing Agreement.
Per Diem Initials Page 3 of 7
IV. Recruiting
A. If the Facility desires to hire an Agency's employee, the client will give immediate written notice to Agency. The employee
will remain an employee of Agency for a period of twelve(12)months from the date of receipt of such notice,and Agency will
bill the client for the hours worked by the employee. At the end of the twelve (12) month period,the employee will become
an employee of the client.
B. If Facility wishes to hire an employee who has been assigned to Facility through Agency in lieu of twelve(12) months written
notice to become a direct employee of Facility,Facility will pay the following recruiting fee for each employee:
$10,000 per RN
$7,000 per LPN/LVN
$ 5,000 per CNA/HHA/PCA
V. Payment and Cancellation Procedures
A. Agency will invoice Facility on a weekly basis for its services. The rates for its services are attached as Exhibit A to this
Agreement. The rates for services established in Exhibit A can be prospectively amended with two (2) weeks notice to the
Facility in writing.
B. Facility shall pay Agency invoices within(30)days from date of invoice. Invoices not paid within thirty(30)days are considered
in default and a default charge will be imposed at one and one-half(1112 %) percent per month on the unpaid balance (annual
percentage rate of 18 percent) or the maximum interest rate allowed by law, whichever is lower. Facility agrees to pay the
default charge together with reasonable attorney's fees for the cost of collection.
C. Overpayments.If the agency becomes aware of a duplicate payment or overpayment,the agency reserves the right to apply the
amount to any outstanding invoice over(30)days per the payment terms.The agency will notify the facility of the amount and
the application thereof. Agency will provide a copy of the remittance invoice number and supporting documentation to the
facility.Facility overpayments will be released with an account in good standing.
D. If, in the sole discretion of Facility, any Nurse assigned by Agency is incompetent, negligent, or has engaged in misconduct,
Facility may require such person to leave its premises and shall inform Agency of this action immediately. Facility's obligation
to compensate Agency for said services shall be limited to the hours actually worked by such person and Facility shall have no
further obligation with respect to such assignment.
E. Facility shall make every effort to request Nurses at least eight (8) hours prior to reporting time. If Nurses are requested less
than two(2) hours prior to reporting time,Facility will be billed for the entire shift.
If Facility changes or cancels an order less than two(2)hours before reporting time,Facility shall be liable for twelve(12)hours
at the hourly rate for the Nurse involved. Facility then reserves the right to then employ the Nurse for twelve (12) hours. If
the Facility is using several staffing services,Facility agrees that it will cancel its requests to Agency last.
VI. Indemnification
A. Each party agrees to indemnify and hold the other,including directors,officers,agents and employees,harmless from all claims,
suits, judgments and demands arising from the indemnifying party's negligent acts and omissions in the performance of the
duties prescribed in this Agreement.
B. Each party shall give the other party immediate written notice of any claim, suit or demand, which may be subject to this
provision.
C. This provision shall survive the termination of this Agreement.
Per Diem Inctzals: Page 4 of 7
VII. Notices
All notices shall be in writing and shall be addressed to the parties as set forth below. Notices shall be effective upon receipt when
delivered personally or sent by fax and shall be effective upon mailing when properly addressed with postage prepaid.
Addressed to Agency: Addressed to Facility:
NURSECORE MANAGEMENT SERVICES,L.L.C. CITY OF FORT WORTH
D/B/A NURSECORE DFW STAFFING 200 Texas St.
PO Box 201925 Fort Worth,TX 76102
Arlington,TX 76006
Remit Address:
NURSECORE
DEPT#41753
PO Box 650823
Dallas,TX 75265
VIII. Access to Records
The parties hereto agree to make available to duly authorized representatives of the Department of Health and Human Services; all
contracts, books, documents and records of the parties providing services hereunder necessary to verify the costs of the services
provided under this Agreement. Such access will be granted until the expiration of four (4) years after the services are furnished
under this Agreement. Similar access will also be granted to the contracts,books,records and documents subject to Section 1861 of
the Social Security Act between the parties providing the services hereunder and any obligation related to such parties.
IX. Miscellaneous
A. Any reference in this Agreement to HIPAA means HIPAA as in effect or as amended and for which compliance is required.
B. The parties hereto agree to amend this Agreement as is necessary for Facility to comply with HIPAA.
C. In the event of an inconsistency between the provisions of this Agreement and the mandatory terms of HIPAA, as may be
expressly amended from time to time by the Department of Health and Human Services("HHS")or as a result of interpretations
by HHS, a court, or another regulatory agency with authority over the parties to this Agreement,the interpretation of HHS,
such court, or such regulatory agency shall prevail. In the event of a conflict among the interpretations of these entities, the
conflict shall be resolved in accordance with the rules of precedence.
D. Where provisions of this Agreement are different from those mandated by HIPAA,but are nonetheless permitted by HIPAA,
the provisions of this Agreement shall control.
E. Except as expressly provided in HIPAA or this Agreement,this Agreement does not create any rights in third parties.
Per Diem Initials:`v Page 5 of 7
X. Binding Effect
Assurance of Compliance- This Agency complies with Title VI of the Civil Rights Act of 1964,Section 504 of the Rehabilitation
Act of 1973,Title IX of the Education Amendments of 1972,and The Age Discrimination Act of 1975.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on this 4th day of August,2020.
NURSECORE MANAGEMENT SERVICES,L.L.C. CITY OF FORT WORTH
D/B/A NURSECORE DFW STAFFING
9&Sylw 1. c ld,
Jesus J.Chapa(Aug 21, 020 16:29 CDT)
ignature Signature
By: Deborah Lollar By. Jesus J.Chapa
Title: President/CEO Title: Deputy City Manager
Date: Date: Aug 21,2020
TIN: 75-2649689 TIN: 75-6000528
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Per Diem Page 6 of 7
EXHIBIT A
Rate Schedule, Overtime and Holiday Pay
The rates below shall commence on the 4th day of August,2020. Said rates shall continue in effect unless and until amended upon
two(2) weeks written notice.
CONTRACT HOURLY RATES
Mon-Thurs Fri-Sun
Registered Nurse Case Manager $ 80.00 $ 85.00
Registered Nurse $ 75.00 $ 80.00
Licensed Vocational Nurse $ 50.00 $ 55.00
General Manager $ 50.00 $ 55.00
Certified Nurse Aide $ 35.00 $ 40.00
Overtime is defined as those hours worked in excess of forty(40)hours in a one week pay period.The overtime rate is one and one-
half times the regular billing rate for each hour worked.
Holiday rates are paid for the day, evening and night shifts on New Year's Day, Easter Sunday, Mother's Day, Memorial Day,
Independence Day, Labor Day,Thanksgiving Day and Christmas and for the evening and night shifts on Christmas Eve and New
Year's Eve. The holiday billing rate is one and one-half(1112) times the regular billing rate for each hour worked.
Agency's work week begins at 7am Monday and continues through the llpm shift the following Sunday and will be billed
accordingly.
Per Diem Initials: Page 7 of 7
ADDENDUM TO STAFFING AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
NURSECORE MANAGEMENT SERVICES, LLC
This Addendum to Staffing Agreement ("Addendum") is entered into by and between
Nursecore Management Services, LLC d/b`a Nursecore DFW Staffing("Vendor") and the City of
Fort Worth ("City"), collectively the "parties."
The Contract documents shall include the following:
1. The Staffing Agreement for Per Diem; and
2. This Addendum; and
3. FEMA Mandated Contract Clauses.
Notwithstanding any language to the contrary in the attached Staffing Agreement for Per
Diem (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum
below by a representative of each party duly authorized to bind the parties hereto, that the parties
hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as
follows:
1. Tennination.
a. Convenience. Either City or Vendor may tenninate the Agreement at any
time and for any reason by providing the other party with 30 days written notice of
tennination.
b. Breach. If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately tenninate this Agreement by giving
written notice to the breaching party.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
tenninated prior to the Expiration Date, City shall pay Vendor for services actually
OFFICIAL RECORD
Addendum CITY SECRETARY Page 1 of 10
FT.WORTH, TX
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
2. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
3. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County,Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such teens and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
4. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
5. Limitation of Liability and Indemnity. Section "VI. Indemnification" of the
Agreement is hereby struck and removed in its entirety and replaced with the following: Each
Party shall be solely responsible for its own actions or inaction and the actions or failure to act of
its respective employees, agents, officers, officials, and contractors. Neither Party shall be
responsible for the actions, errors, omissions,negligence,misfeasance,or malfeasance of the other
Party or any employee, agent, officer, official or contractor of the other Party.
6. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable,City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
7. Confidential Information. City is a government entity under the laws of the State
of Texas and all documents held or maintained by City are subject to disclosure under the Texas
Public Information Act. To the extent the Agreement requires that City maintain records in
violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted
from the Agreement and shall have no force or effect. In the event there is a request for infonnation
marked Confidential or Proprietary,City shall promptly notify Vendor. It will be the responsibility
of Vendor to submit reasons objecting to disclosure. A detennination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
Addendum Page 2 of 10
8. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
9. Immigration Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City,Vendor shall provide City
with copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
10. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the teen of the
contract. The teens "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) tivill not boycott Israel during the term of the Agreement.
11. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
12. Miscellaneous. Employees of Vendor are to report directly to staff of the Tarrant
County Hospital District d b a JPS Health Network. Vendor is expected to provide support to the
COVID-19 isolation facility including room and occupancy tracking, meal pickup and delivery,
room preparation and turnover, managing schedule and initiation and on site operations for
laundry,cleaning,manage inventory of supplies,answer phone and forward to appropriate support,
run items to rooms (no room entry) such as food, supplies, manage and monitor smoke breaks,
including walking guests from room to outdoor smoking area and monitoring the outdoor area
when in use, and other duties as necessary to sustain operations.
(signature page follows)
Addendum Page 3 of 10
ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
L � � of this contract, including ensuring all
By: JesusJ.Chapa(Aug21, 02O16:29CDT) performance and reporting requirements.
Name: Jay Chapa
Title: Deputy City Manager
Date: Aug 21,2020 By:
Name: John Gonzalez
Approval Recommended: Title: Public Events Coordinator
Approved as to Form and Legality:
L79f�l,l Wif'
By: Justin Cox(Aug 19,202015:58 CDT)
Name: Justin Cox ,,
Title: Grants Manager By:
a4�FORr��a Name: Taylor C. Paris
of°°
Attest: �,o °°° o�1d Title: Assistant City Attorney
C~o -Id
Pvo
o=�
a�*o° °o4 Contract Authorization:
rEXAs4ap� M&C: Ordinance No. 24161-04-2020
�bnna000.
By:
Name: Mary J. Keyser
Title: City Secretary
VENDOR:
NurseCore Management Services,
LLC
By:
Nam>orah Lollar
Title: President/CEO
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Addendum Page 4 of 10
FEMA MANDATED CONTRACT CLAUSES
For purposes of the following clauses, the City of Fort Worth is referred to as "City" and
"Contractor" shall refer to the Nursecore Management Services, LLC dlbla Nursecore DFW
Staffing. If applicable to the work or services being performed by Contractor under the Agreement,
the following provisions are adopted and form a part of the Agreement.
A. DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A)
(1) All work to be performed under this Agreement shall be timely commenced. A
breach of this Agreement by Contractor would cause substantial delay in the completion of the
required services affecting the safety and welfare of the public.
(2) In the event of Contractor's breach of its perfonnance obligations, City shall have all
rights and remedies against Contractor as provided by law.
B. TERMINATION RIGHTS, 2 CFR §200.326 Appendix II to Part 200 (B)
In addition to any tennination rights included in the Agreement, City shall have the following
tennination rights:
Tennination for Convenience: Whenever the interests of the City so require, City may tenninate
the parties' Agreement, in whole or in part, for the convenience of the City. City shall give
Contractor thirty (30) days prior written notice of termination specifying the portions of the
Agreement to be tenninated and when such tennination will become effective. If only portions of
the parties' agreement are tenninated, Contractor has the right to withdraw from the parties'
Agreement, without adverse action or claims. In the event of a termination for convenience by
City, Contractor shall be entitled to payment for all work and services perfonned by it up to the
effective date of such termination.
Tennination for Cause: The City may, by written notice of default to Contractor, tenninate the
parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any
provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a
Notice of Deficiency provided by City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II
to Part 200 (C))
If applicable to the work and services perfonned by Contractor under the Agreement, during the
perfonnance of the Agreement, Contractor shall comply with the Equal Employment Opportunity
Clause (41 CFR 60-1.4(b)):
(1) Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Contractor will take affinnative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
Addendum Page 5 of 10
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.
(3) Centraeter-will send too eh labor-Yin: representative n o of workers with hi h •has a eelleetive bar-gaini 1, — A or other agreement or-under-standing, a netie be provided—
�J�
advising the said labor union orwerker-s' representatives of the Centr-aeter-'s eemmitments under-
this
7
(4) Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) Contractor will furnish all infonnation and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for
purpose of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Agreement or with any of the said rules, regulations or orders, this Agreement may be
canceled, tenninated, or suspended in whole or in part and the Contractor may be declared
ineligible for further City contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(i) in uYYala.uvle acvc:vr]lccrc cr-clrc Pztirehuse orders, ""les:Te'xciiri7c�'lccrc vii[cTcF.tBr—w'[1i
subpar-agr-aphs 1 through 7 in ever-y subeentraet or- purehase order- unless exempted by 7
regulations, or-orders of the Seeretar-y of Labor issued pur-suant to seetion 204 of Exeeutive Or
11246 of September-24, 1965, so that sueh provisions will be binding upen eaeh subeentr-aeter eT-
V Vii1.1UV1V1. VVllll UVlVl will lul\V JLIV-1] UVll Vll
for noneemplianee: provided, however, that in the event eentr-aeter b Wed in, or is
threatened with, litigation with a subeentraeter- or- eentr-aeter as a result of sueh dir-eetion by the
administe .�he eentraeter may r-equest the United States to enter into sueh litigation to
pr-eteet the the United States.
D. DAVIS BACON ACTAND rrND—�rrraz crzc
f 200 326 Appendix 11 to Part Inn (D))
Addendum Page 6 of 10
works. See FEMA Publie Assistanee Program and eliey GuTao�r page 32 and
(2) Copeland d «n �� + Davis n
�c�cvpermia—�-l�f-l�-i �E��i�E6irt� eE�te t-l3l°� i -uuC�irTrcr
C-entraetershall ee „'�'th-the-C-epeland "Anti Kie-kba et (40 U.S.C. §3445),
s
supplementedDepartment efLabor- r-egulattens (29 GFR P.,I4 3"Gentfaetor-s a;Q
Subeentr-aeter-s on Publie Building or-Publie Work Finaneed in Whole or-in Pat4 by Leans or-Grants
ftotn the United States"). The Aet pr-ovides that the eentr-aeter and subeentr-aeter- must be
prohibited ffem indueing,by any means, any per-son empleyed in the e :--,empletien, of
entitled. The Gity m II suspeeted or- repeFted violations to the appropriate Federa4
ageney.
(a) Co 3traetershall eemply ` +4rrh 18 U.S.G.. § 874, 4n 1 rv-v.S.G. § 3145, andthe
nts of 29 G.F.R. pt. 3 as may be applieable, whieh are ineerperated by r-efer-enee in
A -g mere
(b) Gont,-aete,-or sube,.,,traeto-shall inseI4 i any „b.,.,,.,+,aet the elause .,1 oy-e
Eentraeter-ster la be responsible-for-the a ee 1= any subEentraeter or- -lowerfief
subeentraet with all of these eontraet elauses
(0) A br-eaeh of the Agreement elause above may be grounds for- termination
of the Agreement, and for debarment as-a-eentrae-ter and--subeentraeter—ass—provided--in 29
C.F.R. 54-2-.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326
Appendix II to Part 200 (E)) (40 U.S.C. 3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is pennissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week.
Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
pen-nit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
Addendum Page 7 of 10
compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(1) Violation: liability for unpaid wages: liquidated damages. In the event of any
violation of the clause set forth in this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States(in the case of work done under contract for the District of Columbia
or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in this section, in the sum of$10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth
in this section.
(2) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld,from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(3) The Contractor and subcontractor shall insert in any subcontract the clauses set
forth in paragraphs (1)through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.
F. RIGHTST�VENTIONSMADE UNDER A CONTRACT O R AGREEMENT, 2
if applieable to the work and ser-viees per-feFmed by Centraeter under-the e
Agreement
if the Federal award ineets the definition of ccfunding agreement"
Gity wishes to enter into a eantmet with a small business firm or-nonprofit organization regarding
the substitution of pa wnt or-per-fermanee of 7 developmental,
or resear-
work under that cc ff
4 0 1, "Rights t A— -1 q 4,e.n t.41 Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2
CFR §200.326 Appendix II to Part 200 (G))
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
Contractor shall include the foregoing requirements in each subcontract exceeding $100,000.
Addendum Page 8 of 10
H. DEBARMENT AND SUSPENSION (2 CFR §200.326 Appendix II to Part 200 (I))
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City. If it is later
detennined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
I. BYRD ANTI-LOBBYING AMENDMENT(2 CFR§200.326 Appendix II to Part 200
M)
Contractor must file with the City the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-
Federal award. If not provided with a bid response, Contractor must complete and submit the
Certification Regarding Lobbying Fonn.
k PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appeadi"
(1) in the per-formanee of this eentmet, the Gentraeter- shall make Se of.
preduets eevered materials that are EPA designated items unless the preduet eannet.
be aequea
` Competitively within a time€rame--prevtfor- ee e
(b) Meeting ntraet pe-f 0 0 0
Addendum Page 9 of 10
tion about this i ement is available— t D n r,.,,.,prehensi �
Pr-eettr-ement Guidelines web site, http-#www.epa.gov/epgi. The list of EPA designate items is
available at
K. ACCESS TO RECORDS
(1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this Agreement
for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) Contractor agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being completed
under the contract.
L. SEAL, LOGO AND FLAGS
Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency
officials without specific FEMA preapproval.
M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH
LAWS
The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to City, Contractor, or any other party pertaining to any matter resulting from the
contract. City may seek reimbursement for expenses under this Agreement from FEMA and
Contractor acknowledges that it must comply with all federal laws, regulations, executive orders,
FEMA policies, procedures, and directives.
N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
Addendum Page 10 of 10