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Scope of Work - Nevada Department of Employment, Training and ...

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ATTACHMENT AA<strong>Scope</strong> <strong>of</strong> <strong>Work</strong>General ServicesVendors providing services under this contract agree to provide general services to anapplicant or eligible client <strong>of</strong> the Vocational Rehabilitation Division (Division). Servicesmay include, but are not limited to:• Computer technical services;• Business plan development;• Recreation services assessment;• Benefits Planner;• Scribe Services.The purpose <strong>and</strong> expectation <strong>of</strong> the service is to facilitate program participation foreligible clients to achieve employment.Referrals -Accepted referrals for service will result in scheduled service delivery no more than ten(10) business days from date <strong>of</strong> referral. Any extenuating circumstances preventing thereferred service by the vendor will be documented in writing, or email, <strong>and</strong>communicated by telephone to the referring counselor/Agency within five (5) businessdays.Invoicing –All services must be pre-authorized by the Division according to the establishedMedicaid fee schedule or best negotiated price. Invoices must be submitted within fifteen(15) business days <strong>of</strong> the provided service, include the appropriate Medicaid procedurecode, or CPT code, if applicable, <strong>and</strong> a description <strong>of</strong> the services. Services providedwithout prior authorization will not be paid by the Division. Payment may be delayed ifthe invoice is not submitted correctly, <strong>and</strong>/or the required reports are not submitted;vendors will not receive payment for claims submitted after 90 days from the date <strong>of</strong> theservice.Licensure <strong>and</strong> Credentials -Vendors must provide evidence <strong>of</strong> a <strong>Nevada</strong> State Business License in good st<strong>and</strong>ingwith the State <strong>of</strong> <strong>Nevada</strong> Secretary <strong>of</strong> State’s <strong>of</strong>fice. The individual providing the servicesmust be qualified <strong>and</strong> maintain necessary certifications, training, <strong>and</strong> all appropriateinsurances <strong>and</strong> licenses required in their field. Out <strong>of</strong> state vendors must provide evidence<strong>of</strong> a <strong>Nevada</strong> State Business License in good st<strong>and</strong>ing with the State <strong>of</strong> <strong>Nevada</strong> Secretary<strong>of</strong> State’s <strong>of</strong>fice, <strong>and</strong> must be licensed <strong>and</strong> qualified in their discipline per theiraccreditation <strong>and</strong> licensure in the state that the service is provided. The State <strong>of</strong> <strong>Nevada</strong>will not utilize the services <strong>of</strong> any non-licensed vendor.Revised: 09/17/13Approved: 12/13/12


ATTACHMENT BBINSURANCE SCHEDULEGENERAL SERVICESINDEMNIFICATION CLAUSE:Contractor shall indemnify, hold harmless <strong>and</strong>, not excluding the State's right to participate, defend the State, its<strong>of</strong>ficers, <strong>of</strong>ficials, agents, <strong>and</strong> employees (hereinafter referred to as “Indemnitee”) from <strong>and</strong> against all liabilities,claims, actions, damages, losses, <strong>and</strong> expenses including without limitation reasonable attorneys’ fees <strong>and</strong> costs,(hereinafter referred to collectively as “claims”) for bodily injury or personal injury including death, or loss ordamage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent orwillful acts or omissions <strong>of</strong> Contractor or any <strong>of</strong> its owners, <strong>of</strong>ficers, directors, agents, employees or subcontractors.This indemnity includes any claim or amount arising out <strong>of</strong> or recovered under the <strong>Work</strong>ers’ Compensation Law orarising out <strong>of</strong> the failure <strong>of</strong> such contractor to conform to any federal, state or local law, statute, ordinance, rule,regulation or court decree. It is the specific intention <strong>of</strong> the parties that the Indemnitee shall, in all instances, exceptfor claims arising solely from the negligent or willful acts or omissions <strong>of</strong> the Indemnitee, be indemnified byContractor from <strong>and</strong> against any <strong>and</strong> all claims. It is agreed that Contractor will be responsible for primary lossinvestigation, defense <strong>and</strong> judgment costs where this indemnification is applicable. In consideration <strong>of</strong> the award <strong>of</strong>this contract, the Contractor agrees to waive all rights <strong>of</strong> subrogation against the State, its <strong>of</strong>ficers, <strong>of</strong>ficials, agents<strong>and</strong> employees for losses arising from the work performed by the Contractor for the State.INSURANCE REQUIREMENTS:Contractor <strong>and</strong> subcontractors shall procure <strong>and</strong> maintain until all <strong>of</strong> their obligations have been discharged,including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons ordamage to property which may arise from or in connection with the performance <strong>of</strong> the work hereunder by theContractor, his agents, representatives, employees or subcontractors.The insurance requirements herein are minimum requirements for this Contract <strong>and</strong> in no way limit the indemnitycovenants contained in this Contract. The State in no way warrants that the minimum limits contained herein aresufficient to protect the Contractor from liabilities that might arise out <strong>of</strong> the performance <strong>of</strong> the work under thiscontract by the Contractor, his agents, representatives, employees or subcontractors <strong>and</strong> Contractor is free topurchase additional insurance as may be determined necessary.A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits <strong>of</strong>liability not less than those stated below. An excess liability policy or umbrella liability policy may be usedto meet the minimum liability requirements provided that the coverage is written on a “following form”basis.1. Commercial General Liability – Occurrence Form• General Aggregate $2,000,000• Products – Completed Operations Aggregate $1,000,000• Personal <strong>and</strong> Advertising Injury $1,000,000• Each Occurrence $1,000,000a. The policy shall be endorsed to include coverage for physical/sexual abuse <strong>and</strong> molestation.b. The policy shall be endorsed to include the following additional insured language: “The State<strong>of</strong> <strong>Nevada</strong>, Rehabilitation Division, 1370 S. Curry St., Carson City, NV 89703”, shall benamed as an additional insured with respect to liability arising out <strong>of</strong> the activities performedby, or on behalf <strong>of</strong> the Contractor.”2. Automobile Liability –Bodily Injury <strong>and</strong> Property Damage for any owned, hired, <strong>and</strong> non-owned vehicles used in theperformance <strong>of</strong> this Contract.• Combined Single Limit $1,000,000a. The policy shall be endorsed to include the following additional insured language: “The State<strong>of</strong> <strong>Nevada</strong>, Rehabilitation Division, 1370 S. Curry St., Carson City, NV 89703”, shall benamed as an additional insured with respect to liability arising out <strong>of</strong> the activities performedPage 1 <strong>of</strong> 3Revised: 09/17/13Approved: 04/03/13


ATTACHMENT BBINSURANCE SCHEDULEGENERAL SERVICESby, or on behalf <strong>of</strong> the Contractor, including automobiles owned, leased, hired or borrowed bythe Contractor".b. This requirement shall not apply when a contractor or subcontractor has declared they are nottransporting clients by executing the appropriate DETR, Rehabilitation, Intent to Transportform.3. <strong>Work</strong>er’s Compensation <strong>and</strong> Employers’ Liability<strong>Work</strong>er’s Compensation Statutory Employers’ Liability• Each Accident $100,000• Disease – Each Employee $100,000• Disease – Policy Limit $500,000a. Policy shall contain a waiver <strong>of</strong> subrogation against the State <strong>of</strong> <strong>Nevada</strong>.b. This requirement shall not apply when a contractor or subcontractor is exempt under NRS,<strong>and</strong> when such contractor or subcontractor executes the appropriate sole proprietor waiverform.4. Pr<strong>of</strong>essional Liability (Errors <strong>and</strong> Omissions Liability)The policy shall cover pr<strong>of</strong>essional misconduct or lack <strong>of</strong> ordinary skill for those positions definedin the <strong>Scope</strong> <strong>of</strong> Services <strong>of</strong> this contract.• Each Claim $1,000,000• Annual Aggregate $2,000,000a. In the event that the pr<strong>of</strong>essional liability insurance required by this Contract is written on aclaims-made basis, Contractor warrants that any retroactive date under the policy shallprecede the effective date <strong>of</strong> this Contract; <strong>and</strong> that either continuous coverage will bemaintained or an extended discovery period will be exercised for a period <strong>of</strong> two (2) yearsbeginning at the time work under this Contract is completed.5. Fidelity Bond or Crime Insurance• Bond or Policy Limit $100,000a. The bond or policy shall include coverage for all directors, <strong>of</strong>ficers, agents <strong>and</strong> employees <strong>of</strong>the Contractorb. The bond or policy shall include coverage for third party fidelity <strong>and</strong> name the State <strong>of</strong><strong>Nevada</strong> <strong>and</strong> their clients as loss payee where as their interests may appear.c. The bond or policy shall include coverage for extended theft <strong>and</strong> mysterious disappearance.d. The bond or policy shall not contain a condition requiring an arrest <strong>and</strong> conviction.e. Policies shall be endorsed to provide coverage for computer crime/fraud.B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include,the following provisions:1. On insurance policies where the State <strong>of</strong> <strong>Nevada</strong> is named as an additional insured, the State <strong>of</strong> <strong>Nevada</strong>shall be an additional insured to the full limits <strong>of</strong> liability purchased by the Contractor even if thoselimits <strong>of</strong> liability are in excess <strong>of</strong> those required by this Contract.2. The Contractor's insurance coverage shall be primary insurance <strong>and</strong> non-contributory with respect toall other available sources.Page 2 <strong>of</strong> 3Revised: 09/17/13Approved: 04/03/13


ATTACHMENT BBINSURANCE SCHEDULEGENERAL SERVICESC. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions <strong>of</strong> thisContract shall provide the required coverage <strong>and</strong> shall not be suspended, voided or canceled except afterthirty (30) days prior written notice has been given to the State, except when cancellation is for nonpayment<strong>of</strong> premium, then ten (10) days prior notice may be given. Such notice shall be sent directly toState <strong>of</strong> <strong>Nevada</strong> <strong>Department</strong> <strong>of</strong> <strong>Employment</strong>, <strong>Training</strong> <strong>and</strong> Rehabilitation, Attn: Provider Agreement, 1370S. Curry Street, Carson City, NV 89703.D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or authorizedto do business in the state <strong>of</strong> <strong>Nevada</strong> <strong>and</strong> with an “A.M. Best” rating <strong>of</strong> not less than A- VII. The State inno way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor frompotential insurer insolvency.E. VERIFICATION OF COVERAGE: Contractor shall furnish the State with certificates <strong>of</strong> insurance(ACORD form or equivalent approved by the State) as required by this Contract. The certificates for eachinsurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.All certificates <strong>and</strong> any required endorsements are to be received <strong>and</strong> approved by the State before workcommences. Each insurance policy required by this Contract must be in effect at or prior tocommencement <strong>of</strong> work under this Contract <strong>and</strong> remain in effect for the duration <strong>of</strong> the project. Failure tomaintain the insurance policies as required by this Contract or to provide evidence <strong>of</strong> renewal is a materialbreach <strong>of</strong> contract.All certificates required by this Contract shall be sent directly to State <strong>of</strong> <strong>Nevada</strong> <strong>Department</strong> <strong>of</strong><strong>Employment</strong>, <strong>Training</strong> <strong>and</strong> Rehabilitation, Attn: Provider Agreement, 1370 S. Curry Street, Carson City,NV 89703. The State project/contract number <strong>and</strong> project description shall be noted on the certificate <strong>of</strong>insurance. The State reserves the right to require complete, certified copies <strong>of</strong> all insurance policiesrequired by this Contract at any time.F. SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as additional insuredsunder its policies or Contractor shall furnish to the State separate certificates <strong>and</strong> endorsements for eachsubcontractor. All coverages for subcontractors shall be subject to the minimum requirements identifiedabove.G. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall bemade by the Attorney General’s Office or the Risk Manager, whose decision shall be final. Such actionwill not require a formal Contract amendment, but may be made by administrative action.IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed <strong>and</strong> intend to be legallybound thereby.Authorized Signature Date TitleSignature – State <strong>of</strong> <strong>Nevada</strong> Date TitlePage 3 <strong>of</strong> 3Revised: 09/17/13Approved: 04/03/13


ATTACHMENT BBBRIAN SANDOVALGOVERNORREHABILITATIONDIVISIONFRANK WOODBECKDIRECTORMAUREEN COLEADMINISTRATORINTENT TO TRANSPORTI, , <strong>and</strong> employees, if any; will transportPrint Full NameVocational Rehabilitation clients for the purpose <strong>of</strong> providing services as described in thescope <strong>of</strong> work. I underst<strong>and</strong> that by doing so I am required to maintain automobileliability for any owned, hired, <strong>and</strong> non-owned vehicles used for the intent <strong>of</strong> transportingclients.The policy shall be endorsed to include the following additional insured language: “TheState <strong>of</strong> <strong>Nevada</strong> shall be named as an additional insured with respect to liability arisingout <strong>of</strong> the activities performed by, or on behalf <strong>of</strong> the Vendor, including automobilesowned, leased, hired or borrowed by the Vendor”I further underst<strong>and</strong> that any individual transporting clients on my behalf who is notacting as an employee, must meet the vendor requirements <strong>and</strong> all appropriatedocumentation must be submitted for approval to:DETR/Rehabilitation DivisionAttn: Michele Killian1370 S. Curry StreetCarson City, NV 89703-5146Phone: (775) 684-4107Fax (775) 684-4184mlkillian@nvdeter.orgI, , will NOT transport clients, I underst<strong>and</strong> that IPrint Full Nameam not to transport Vocational Rehabilitation clients at any time, <strong>and</strong> I further underst<strong>and</strong>that any individual transporting clients on my behalf must meet the vendor requirements<strong>and</strong> all appropriate documentation must be submitted for approval to:DETR/Rehabilitation DivisionAttn: Michele Killian1370 S. Curry StreetCarson City, NV 89703-5146Phone: (775) 684-4107Fax (775) 684-4184mlkillian@nvdeter.orgIndependent Contractor’s Signature Date Independent Contractor’s TitleRev.12/05/2012


ATTACHMENT CCFEE SCHEDULEProviders must provide detailed fixed prices for all costs associated with the responsibilities <strong>and</strong> relatedservices. This applies to all providers wherein the service is not contained in the State <strong>of</strong> <strong>Nevada</strong>’sMedicaid Rate Schedule or an established fee schedule in the <strong>Scope</strong> <strong>of</strong> <strong>Work</strong>.The fee schedule shall include the provider’s name, service description, rate <strong>and</strong> fees associated with theservice <strong>and</strong> any additional associated costs. Additional pages may be attached if necessary.Contact InformationProvider Representative:Business Name:Telephone Number:Email:Service DescriptionRate/Feehourly daily milestone other _______________hourly daily milestone other _______________hourly daily milestone other _______________hourly daily milestone other________________hourly daily milestone other _______________hourly daily milestone other _______________hourly daily milestone other _______________Associated CostsDescriptionRate/FeeThe fee schedule is only valid upon the Administrator <strong>of</strong> Vocational Rehabilitation’s approval.Administrator’s SignatureDateRevised: 01/10/2013

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