HomeMy WebLinkAbout2013-177 Aging - A Helping Hand for Caregiver Respite $3,000 �^ ^
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TITLE Respite Care Contract
FY 2U13'14
ORANGE COUNTY
CONTRACT UNDER $10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this first day of July, 20l3` (^^EifectivoDate")hyand
batn/cco 0ruuuc County, Nnob Carolina, u body politic and corporate organized under the laws of the State
o7 North Carolina, (tbo "Couu1y''), party ofthe first part; and /\Helping Hand (tbo "Provider"), party ofthe
second part;
WDTNE0SETH;
For the purpose and subject to the 1crozo and conditions hereinafter set forth, the County hereby
000tozca for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement,time being of the essence:
The services and/or materials (hereinafter referred on collectively as "Services") to he furnished
under this Agreement are as follows: provide non-personal care for vcoioco living in Orange County
following oune plans vvck|eo by Aging Transitions staff of the Department on Aging. Service obul he
provided iou minimum o[3 hour increments.
The tcriomf this agreement rendered shall be from July l`2013 to June 30, 2014.
Provider represents and agrees that Provider is qualified hm perform and fully capable of performing and
providing the momicua required or necessary under this Agreement in u fully competent, professional and
boue]v manner to the satisfaction ofthe County. Provider shall be responsible for all oonru or omissions, in
the pczfomuuouc of the Agreement. Provider shall correct any and all errors, oodmni000, 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, our mbaD Provider assign any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
1'
Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The nz0000i to be paid by the County shall not exceed three-
thousand dollars, ($14.00/k6. Pu}noeot shall he made n/dbiu thirty (30) days of an invoice properly
submitted Co C000ty, Should Provider fail to perform its duties under the terms of this Agreement, County
may, without tazk or penalty, vpbbbo}d any payment ommooinkod with the work to he performed until such
time ao said work iocompleted.
2. : Failure hy County u1 any time tmrequire the performance hy Provider ofany
of the provisions hereof shall i000 way waive ozaffect 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 uuao independent Provider, and the
County shall not hc responsible for any ufthe Provider's acts nzomissions. The Provider shall not betreated
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 oc paid by the County oo behalf of the Provider orthe employees of the Provider.
4` Insurance: The Provider shall obtain, u1 its sole expense, all insurance needed toadequately
insure itself during the performance of these services as required by the County's Risk Management Policy.
Revised July zo/V l
5. Indemnitv: The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider.
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.
7. Entire Agreement: 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,
8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. 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.
9. 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 PROVIDER
By: By:
County Manae Title: 414elvivIlll. CxVULI:hve V) e*o,
200 S. Cameron A Helping Hand
P.O. Box 8181 1502 W NC 54, Suite 405
Hillsborough,NC 27278 Durham,NC 27707
This instrument has been approved as to technical content.
A,
Jan Veyler,DeparAent Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
a44.�,(., /J
a . Au—
Office of the Finance Director
This tru n s been n approved as to form and legal sufficiency.
Office of the_&unty Aftorney
Revised July 2010 2