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HomeMy WebLinkAbout2014-516 DSS - Drug Court Contract to serve as Drug Court Coordinator $58,500 LSS [Departmental Use Only] TITLE Drug Court Contract NORTH CAROLINA FY 2014-2015 ORANGE COUNTY SERVICES AGREEMENT UNDER $90,000.00 This Services Agreement (herinafter "Agreement"), made and entered into this 1st day of July, 2014, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and Courtney Kennedy, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Orange County Drug Court coordination. ii) By executing this Agreement, the 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. iii) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof and work related thereto may be generally referred to as the "Project." Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) 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. 1 iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) Provider agrees that Provider shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that she possesses such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows: i) Provider shall serve as the drug court coordinator for Orange County. ii) Provider shall carry out all the functions and duties associated with the requirements of a drug court coordinator as those functions and duties are commonly understood by the Chief District Court Judge of Judicial District 15B. iii) Provider shall consult with the Chief District Court Judge of Judicial District 1513, or the Judge's Delegee, to determine the appropriate manner in which Provider shall provide drug court coordinator services. iv) Provider shall, on a quarterly basis, provide to the Social Services Director a report of her activities as drug court coordinator and the outcomes of those activities. Said report shall be approved, prior to its submission, by the Chief District Court Judge or the Judge's Delegee. v) Provider and the Chief District Court Judge, or the Judge's Delegee, may agree to designated periods during which provider may be away from her office for up to Twenty-One (2 1) business days (five business days being Monday-Friday) during the term of this Agreement. 4. Duration of Services a. Term. The term of this Agreement shall be from July 1, 2014 to June 30, 2015. 2 b. Scheduling of Services. i) The Provider shall schedule and perform her activities in a timely manner. ii) Should the County determine that the Provider is absent from work for any period of time not allowed by this Agreement, County may terminate this Agreement as provided in Section 10. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2014. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services shall not exceed fifty-eight thousand five hundred dollars ($58,500). Compensation shall be subject to section 10 herein. b. Payment for Basic Services. Payment shall become due and payable bi-weekly upon the submission of an invoice to Orange County Social Services Department. In order to be paid concurrently with Orange County payroll an invoice must be submitted by Monday of the pay week. Provider acknowledges that Provider is not an employee of County and must determine and withhold the proper amount of wage withholdings from her compensation for Basic Services as set out in this Section. All invoices shall be approved by the Chief District Court Judge or the Judge's Delegee, prior to submittal to the County. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. d. Travel. In addition to Provider's Compensation for Basic Services and in addition to the Compensation for Basic Services, Provider shall be reimbursed for travel costs directly related to her performance of the Basic Services at the current Internal Revenue Service per mile rate. Travel reimbursement requests shall be submitted for approval to the Chief District Court Judge or the Judge's Delegee and, if approved, to the Orange County Social Services Director for reimbursement. Travel reimbursement shall not exceed one thousand five hundred dollars ($1,500). e. Supplies. Upon commencement of this Agreement County shall distribute to Provider five hundred dollars ($500) for Provider's use in the procurement of necessary project- related supplies. In the event this contract is terminated prior to June 30, 2015, Provider shall remit the unused amount to the Orange County Finance Department. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Social Services Director or her Designee) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during 3 working hours as often as may be reasonably required to render decisions and to furnish information. b. Office Space. Provider shall utilize currently unused office space located in the Orange County Courthouse and designated for the general use of the Courts of the State of North Carolina. This space shall be used under the general supervision of the Chief District Court Judge. c. Office Equipment. Provider acknowledges that Provider shall utilize computer(s) and related equipment owned by the State of North Carolina Administrative Office of the Courts. County shall provide routine support and maintenance for the computer(s) upon notification by Provider that the computer(s) needs maintenance. d. Cellular Telephone. County acknowledges that the nature of Provider's work requires a cellular telephone for work purposes. To that extent Provider shall receive a stipend of thrity-five dollars ($35.00) per month for the full term of this Agreement toward the use of her personal cellular telephone or toward the purchase of an additional cellular telephone for use in the performance of the Basic Services. e. Other Costs. County acknowledges there are other costs associated with the services to be provided, including support and maintenance costs associated with North Carolina Administrative Office of the Courts hardware. County shall bear such support and maintenance costs up to but not exceeding two thousand five hundred dollars ($2,500). 7. Insurance a. General Requirements. The Provider shall purchase and maintain during the period of performance of this Agreement: i) Provider acknowledges the indemnification requirement contained in Section 8 herein. Provider has determined to forego comprehensive general liability insurance coverage; ii) Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and iii) Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides the County with not less than thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 4 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Cause. The County may terminate this Agreement without notice to the Provider for Cause. Provider may terminate this Agreement without notice to the County upon County's willful failure to compensate Provider as provided in Section 5(a). b. Other Termination. In the event Provider is unable to perform, for any reason, the Basic Services as set out in this Agreement, County may terminate this Agreement pursuant to Section 10(b) above. c. C_ ompensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the compensation and reimbursements that she has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the Chief District Court Judge within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have 5 jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. e. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. f. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider Attention: Social Services Director Courtney Kennedy P.O. Box 8181 704 Sybil Drive Hillsborough, NC 27278 Durham, NC 27703 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDE By: By: ,= Bonnie Hammersley, County M ager Courtney e y This Cont r t has been reviewed for technical Content. any Costo , Social Services Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ek ..t--' �. A�_ Clarence G. Grier, Asst. County Manager/CFO This Ttrumns been approved as to form and legal sufficiency. Ann ore, Staff ttorney 6 09/29/2014 09:52 FAX 9196444741 DRUG TREATMENT-COURTS 16002/008 4-- HISCOX A Guide To Your Professional Liability Policy The following is a guide to your Professional Liability policy. We have identified several key coverage items along with the limits and deductibles you have selected. To make it easier, we have also added a brief explanation of those items. We want you to feet confident about your new policy. If any of the information below is incorrect or if you have any questions, please contact one of our advisors at 886-202-3007 (Mon-Fri, 8am-10pm EST)or send us an email at contact @hiscox.com. ,Your business details _7 Name: Courtney Kennedy i Business name: Courtney Kennedy Address: 704 Sybil Drive City: Durham State: NC Zip code: 27703 Occupation: Social work services Telephone number: 919-949-4733 Email address, courtney.c,kennedy @hotmail,com Your Professional Policy Policy number: UDC-1492101-EO.14 Policy effective dates: From: October 01,2014 This determines the time period during which your coverage applles. To: October 01,2015 Total cost of policy: $620.00 Your limits explained Each claim limit $1,000,000 The total amount we will pay for damages, claim expenses(e.g. defense costs),and supplemental payments for each claim. Aggregate limit $ 1,000,000 The total amount we will pay for damages,claim expenses(e.g.defense costs), and supplemental payments during the policy period. 9 Hiscox Inc.201 D page 1 09/29/2014 09:52 FAX 9196444701 DRUG TREATMENT COURTS 003/008 Supplemental payments Maxlmum of$250.00 per day, The total amount we will pay for expenses your business reasonably $5,000 in total for your policy Incurs as a result of attending an arbitration proceeding or trial In the defense of a covered claim. Deductlbls $500 'The amount your business must pay(per claim)before we will make any payment under the policy.This does not apply to supplemental payments. Retroactive Date December 01,2003 This establishes how far back we will cover services you have performed (even If that date is before you were Insured with Hiscox)for any unknown claims that may be made against you during the policy period. policy Other 14 Day full refund Be confident that you have made the right choice.We give you 14 days to review your policy. If you are not satisfied and have not had any claims or losses,you can cancel your policy back to Its start date and receive a full refund. Notice of claim If you have a claim, please call us at 888.202-3007.You may also e-mail us at reportaclalm @hlscox.com What does my Professional Llablllty Policy cover? For a summary showing examples of what you are and are not covered for, please read the Coverage Summary document, This guide does not modify the terms and conditions of your policy, which are contained In your policy documents, nor does it imply any claim is covered or not covered, We recommend that you read your policy documents to learn the details of your coverage. 0 Hiscox Inc.2010 Fage 2 09/29/2014 09:53 FAX 9196444701 DRUG TREATMENT COURTS 004/008 .41 HISCOX Reinventing Small Business Insurance'" _ — Professional Liability Insurance Health, Beauty and Wellbeing Professionals We want you to understand how Professional Liability insurance helps protect your business.This summary explains what is and isn't covered. If you have any questions about your coverage, please contact one of our advisors at 888-2023007 (Mon-Fri, 8am-10pm EST)or via email at contact @hiscox.com. policy This Bodily Injury To the extent you are legally liable, we cover damages or claims expenses If you Injure a third-party. Negligence We cover any alleged mistakes In your provision of professional services.This Includes failing in your'duty of care,'giving incorrect advice, an omission(leaving something out),or failing to deliver your services. Defense costs It you're sued, even If you haven't made a mistake,we will appoint an attorney to defend you, even If the lawsuit is groundless. Services performed In the past We cover the services you have performed going back to an agreed-upon date,even if that date is before you were-Insured with Hiscox—for any unknown claims that may be made against you and reported to us during the policy period.This date,the retroactive date,is printed on the declarations page of your policy. Employees,temporary staff,and independent contractors We cover claims arising from services performed by your employees,temporary staff,or independent contractors if those services were performed on behalf of your business, Volunteers and student Interns We cover claims arlsing from services performed by your volunteers or student Interns If those services were performed under your direction and supervision. Personal injury We cover claims of libel and slander as part of your professional services, Supplemental payments We'wlll pay for expenses you reasonably incur as a result of attending arbitration proceedings or trials in the defense,of a covered claim.We will pay up to$5,000. Adminldtrative and discipllnnry proceedings We will pay up to 55,000 to defend you in an administrative hearing or disciplinary proceeding brought by an administrative agency,licensing board or regulatory authority as a result of your professional services, HIPAA violations We will pay for claims due to your failure or alleged failure to protect any non-public,personally identifiable Information In your care arising out of a violatlon of the Health Insurance Portability and Accountability Act (HIPAA)as a result of your professional services.Ws will pay up to$25,000. Sexual riiisconduct and abuse claims We will pay up to$200,000 for claims of sexual misconduct and abuse a$a result of your professional services, 08/29/2014 09:53 FAX 9186444701 DRUG TREATMENT COURTS 1 005/008 �• This polliby does not cover Employment matters We won't cover you for claims alleging improper employment practices, workers'compensation claims, or employer's liability. Known claims and circumstances We won't cover any known circumstance that could result in a claim or any actual claim originating prior to the start of your first Hiscox policy, False advertising We won't cover you for false advertising claims. Other services We won't cover any medical or nursing services that you perform.We also don't cover any services you perform that are not specified in your policy. Practicing without a valid license,certification,accreditation or designation We won't cover any services performed by you without a valid license, certification, accreditation or designation as required by a licensing board or regulatory authority. Your costs and excluded damages We won't cover fines,penalties,and taxes that are levied against you. Hiscox also won't cover the cost of complying with nonmonetary relief,cost overruns,or reduction of your fees. • • examples Protection,even If you haven't made a mistake A client Is allergic to an ingredient in the moisturizer you used during a facial.The client wakes up with a bright red face'from the chemical reaction.The client must go to the emergency room for treatment and misses work. The client sues you for her injuries and lost wages.If the client's allergies were not known to you, we will appoint an attorney to defend you and pay any damages. Protection,even If the claim may be groundless After twice weekly workouts for over a year, a client has met their personal training goal to lose ten inches from their waist and incorporate a healthy diet Into their lifestyle.The client brings a claim against you alleging you did not personally train him properly because he was unable to complete a marathon which his friends and family came to watch, Even If this is a groundless claim,we will defend and indemnify you. Negligent acts --- A cllent'complains of back pain after a therapeutic massage. It is discovered that an improper massage technique ' led to an Injury that prevented the client from returning to work,requiring rehatAltative therapy.We will pay for damages caused by your negligence, up to the policy limits. Coverage summaries, descriptions,and claims examples are provided for illustrative purposes only and are subject to the applicable policy limits,deductibles, exclusions,terms,and conditions.Not all insurance products and services are available in all states. Hiscox recommends you read the policy documents to learn the full details of coverage. Undarwiittan by Hlscux Insurance Company Inc.,104 South Mlchlgart Avonuo,Suite 600,Chicago,IL 60603,wt administered by Hiscox Inc.,a IiQensed insurance provider In all states and DC. 09/29/2014 09:53 FAX 9196444701 DRUG TREATMENT COURTS Z0013/008 H I S C HISCOX INSURANCE COMPANY INC. (A Stock Company) �J 104 South Michigan Avenue,Suhe$00 Chicago Illinois 60803 Certificate of Professional Liability Insurance This certificate is issued for Informational purposes only. It certlfles that the policies listed In this document have been issued to the Named Insured. It goes not grant any rights to any party nor can it be used,in any way,to modify coverage provided by such policies.Alteration of this certificate does not change the terms,exclusions or conditions of such policies. Coverage is subJect to the provisions of the policies,including any exclusions or conditions,regardless of the provisions of any other contract,such as between the certificate holder and the Named Insured.The limits shown below are the limits provided at the policy inception,Subsequent paid claims may reduce these limits, Named Insured: Courtney Kennedy Insurer Name: Hlscox Insurance Company Inc. Policy Number: UDC-1492101-EO-14 Policy Effective Date: October 01,2014 Policy Expiration Date: I October 01,2015 Limits of Insurance Each Claim: $ 1,000,000 Each Claim Aggregate for all Claims: $1,000,000 Aggregate for all Claims Deductible: $500 Each Claim Retroactive Date: December 01,2003 The policy referred to In this certificate was issued on a claims made and reported basis. Description of Endorsements/Special Provisions Not applicable ('14j�- September 26,2014 Authorized Representative Date DPL C001 CW(01110) Includes copyrighted material of Insurance Services Office, Inc.,with Pagel Its permission, 0 ISO Properties, Inc.,2000 09/29/2014 09:53 FAX 9196444701 DRUG TREATMENT COURTS f�007/006 wittv I JK V HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue,Suite 600 Chicago Illinois 60603 Professional Liability Insurance declarations This is a"Claims Made and Reported"Policy in which Claim Expenses are included within the Limit of Liability unless otherwise noted.Those words(other than the words in the captions)which are printed In Boldface are defined in the Policy. Policy No.: UDC-1492101-EO-14 1. Named Insured: Courtney Kennedy 2. Address: 704 Sybil Drive Durham,NC 27703 3,A. Limit of Liability: $ 1,000,000 Each Claim $11000,000 Aggregate for all Claims 4, Deductible: $S00 Each Claim 5, Notice: Phone: 866-424.8508 Email: reportaclairn@hlscox.com Mail: Hiscox 520 Madison Avenue-32nd Floor Attn:Direct Claims New York, NY, 10022 6. Policy period; From: I October 01.2014 To: October 01.2015 At 12,01 A,M,(Standard Time)at the address shown above. 7, Retroactive Date: December 01,2003 8, Premium: $620.00 —� - 9. Attachments: DPL D001 CW(01110)-Professional Liability Errors&Omissions Insurance Declarations DPL P001 CW(05113)-Professional Liability Coverage Form DPL E5081 (11111)-E5081.1 Social Worker Services Endorsement DPL E5118 NC(01110)-E5118.1 North Carolina Amendatory Endorsement INT N001 CW 0109-Economic And Trade Sanctions Policyholder Notice DPL D001 CW(01/10) Pagel 09/29/2014 09:54 FAX 9196444701 DRUG TREATMENT COURTS 16008/008 40 H I CSCVV X(Z WISCOX INSURANCE COMPANY INC. (A Stock Company)) 4. /\ 104 South Michigan Avenue,$uite 600 Chicago Illinois 60603 IN WITN�Ss WHEREOF,the Insurer Indicated above has rausod this Policy to be domed by Ile President and S-arolary.but this Policy shall nol be effectivo unioFe oleo slonad by the Ineuror's duly eulhodzed rapreeentativo. President Secretary 3qj91Q Authorized Representative Hlacox Inc. 357 Main Street Armonk NY 10504 DPL 0001 CW(01110) Page 2 09/29/2014 09:52 FAX 9198444701 DRUG TREATMENT COURTS la001/008 PO Box 1088 JUDICIAL DISTRICT ' ' Hillsborough, NC 27278 Ph: 919-644-4661 DRUG TREATMENT Fax; 919-644-4701 Email, Courtney.C.Kennedy@nccourts.org • Fax To: Serena McPherson From: Courtney Kennedy DSS Drug Treatment Court Coordinator 919-644-4024 Fax: Pages: B(including cover) Phone: Date: 9129114 Re: Professional Liability Insurance cc: ❑Urgent ❑For Review ❑Please Comment ❑Please Reply ❑Please Recycle i o Comments: Courtney Kennedy Drug Courts Coordinator 919-644-4661(Ph) 919-644-4701(fax)