2023-09-25_tt_Agreement-Master Eng (1).docx

Client(s) Name:  Société en commandite résidence Ile-des-Sœurs, a limited partnership.

This agreement is entered into on ______________ (the “Effective Date”) by and between the aforementioned Client(s) Name(s) (hereafter referred to as “Client”) and Home Care Assistance (Montreal) Inc. (HCA).

Consent to Receive Services

HCA is hereby authorized to provide services to the Client.  Client understands that HCA is a non-medical agency that does not provide medical treatments.  Client waives any issues of medical liability on HCA’s part for the provision of these non-medical services.  A general description of services to be performed is outlined below.

Description of Services

HCA to provide Client with Caregivers to assist in their staffing needs at the Client’s facility located at 325 Chemin de la Pointe-Sud, Verdun, QC H3E 0B1 (hereinafter the “Premises”).

Caregivers shall be capable of performing all typical Activities of Daily Living (ADLs), understand basic infection controls, proper lifting and transfer techniques, and have experience working with clients who have dementia.

Caregivers will follow Client’s guidelines when in the Premises.  Client’s guidelines include, but are not limited to:

signing in at the Client’s front desk and using HCA’s clock in / clock out systems.

leaving all personal items in their personal vehicle or utilizing a locker provided by the Client.

use of mobile phones within the Client’s Premises are forbidden; any violation may result in Caregiver being asked to leave.

Caregivers will be given one (1) 15 minute breaks and one (1) meal break for an 8-hour shift; these are paid breaks.  If a Caregiver wishes to take these breaks, they must make a request with the Client’s supervisor and use the designated area as appropriate.

Caregivers will be allowed to store their meal in the staff refrigerator in the break room; alternatively, Caregivers may have a meal provided by Client at no charge.

Client’s duties and responsibilities

Client will:

properly supervise the Caregivers’ work at the Premises;

properly supervise, control and safeguard its Premises, processes or systems, and not permit Caregivers to operate any vehicle or mobile equipment or entrust them with unattended Premises, cash, cheque, keys, credit cards, merchandise or other valuables without HCA’s express prior written approval;

provide the Caregivers with a safe work site and provide appropriate information, training and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the Premises;

not change the Caregivers’ job duties without HCA’s express prior written approval.

Schedules and Record Keeping

All schedules for services are arranged between the Client and HCA.  Typically this will be between the Client’s Administrator or Director of Care and HCA’s Client Care Manager or other member of the management team.  Client acknowledges that they should not alter, eliminate or add schedules directly with the Caregiver.  Clients failure to follow HCA’s scheduling procedures may result in termination of this Agreement. Client’s request for specific Caregivers whose cumulative schedule exceeds forty (40) hours in a given week working with the Client will result in charging overtime rates.  Additional charges incurred will be reflected on the Client’s invoice.

Client must allow Caregivers sufficient time to report all of their time and tasks on a daily basis.  For the purposes of time and activity tracking, Client authorizes caregiver to use the Client’s telephone.  If the telephone is not available, Client acknowledges that the records provided via a mobile phone or tablet device are deemed acceptable.

Security of Caregiver

Caregivers are instructed not to put themselves at risk of bodily harm or injury in the provision of services.  Thus, Client understands and acknowledges that if a Caregiver is made to feel reasonably threatened and/or in physical danger while providing services, the Caregiver is entitled to leave the Client’s Premises without exposing the Caregiver or HCA to any liability and the Client remains liable for the full payment of any charges incurred.

Rates / Invoicing

Until notice is given by HCA to the contrary, the rates for Caregivers are as follows:

HCA recognizes eight (8) holidays per year consisting of New Years Day, Good Friday, Victoria Day, St-Jean Baptist, Canada Day, Labour Day, Thanksgiving Day and Christmas Day. For all services delivered on these holidays, the holiday rate detailed above will be in effect.

Above rates assume weekly payment.  Invoices are sent weekly and are due upon receipt.  Client agrees to pay invoices on-time and understands finance charges may apply for balances over 30 days past due.  HCA reserves the right, at its sole discretion, to terminate services for failure to pay invoices in a timely manner.  In the event HCA retains the services of an attorney to effectuate collection of monies owed as a result of the failure to pay invoices in a timely manner, Client and/or the Authorized Agent shall pay HCA all reasonable incurred attorney fees, and costs.

Non-Solicitation / Employment

Client understands that HCA spends a significant amount of time, money and resources in the process of recruiting, screening, hiring and training its Caregivers and therefore, each HCA Caregiver is a valuable asset to HCA.  Client further understands that each Caregiver working for HCA is prohibited from accepting private employment from Client directly (or through another organization / agency) while said Caregiver is employed by HCA as well as for a period of three (3) years following Caregiver’s termination of employment with HCA.  Accordingly, should Client employ any of HCA’s Caregivers, such employment will be deemed in violation of these restrictions.  If the Client wishes to employ any such Caregiver, Client agrees to pay HCA a one-time placement fee of TEN THOUSAND DOLLARS ($10,000.00) for each Caregiver employed, which amount shall be due within 10 calendar days of employment of such Caregiver.  Payment of such amount does not affect any liability or contractual obligations that the Caregiver may have toward HCA.

Liability

In recognition of the relative risks and benefits of services provided by HCA, Client agrees to the fullest extent of the law, to limit the liability of HCA for any and all claims, losses, costs, damages of any nature whatsoever or expense from any cause or causes, including attorneys’ fees and costs, and expert witness fees and costs, so that the total aggregate liability of HCA to the Client shall not exceed the total fees paid by Client to HCA for services rendered. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Further, Client releases HCA from any claims for liability which the Client may acquire by reason of damage, loss, injury and/or suffering which arises from the operation and/or use of a vehicle by a Caregiver, whether that may be owned by the Client or a vehicle provided by the Caregiver or HCA. Client also agrees not to hold HCA liable for any acts of Caregivers acting beyond the course and scope of their duties to provide services.

Fall Risk

Client understands that people with dementia (such as Alzheimer’s disease) or any condition that causes mental confusion are especially at high risk for experiencing falls. Client further understands that HCA will do its best to minimize fall risks, and agrees to hold HCA, its employees, management, and affiliates totally harmless in the event of a fall.

Insurance Coverages

HCA shall carry a policy or policies of professional and general liability insurance providing coverage in the amount of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate per year which insures HCA and each employee or agent thereof against any act, error or omission of HCA’s personnel, agent or employee.  HCA shall also provide worker’s compensation insurance as may be required and consistent with provincial law. HCA agrees to furnish Client evidence of the maintenance and continued effectiveness of the insurance.

Indemnification

In the event HCA is party to any legal proceedings, by reason of one of its Caregivers working at the Premises, Client agrees to defend and hold harmless HCA and Caregiver, at Client’s sole cost and expense, unless it is proven that HCA was grossly negligent or committed a material default hereunder.

Client has read and fully understands the content of this Agreement and agrees to the terms contained herein.

Société en commandite Résidence Ile-des-Sœurs, by its general partner, 				, hereinacting and represented by 				, duly authorized.

________________________________________________________________	______________________________

Signature						Date

________________________________________________________________

________________________________________________________________	______________________________

Tim Thomas						Date

President

Home Care Assistance (Montreal) Inc.

Service Type | Rate | Unit

Hourly Services – Standard PAB | $21.50 | per hour

Hourly Services – Standard LPN | $30.00 | per hour

Hourly Services – PAB Holiday or Overtime | $32.25 | per hour

Hourly Services – LPN Holiday or Overtime | $45.00 | per hour

Mileage (transportation / errands using caregiver vehicle) | $0.70 | per km