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HomeMy WebLinkAboutAgenda - 06-02-2009 - 4mORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. ~- - m SUBJECT: Orange County Preparedness Agreement Renewal with Person County Health Department DEPARTMENT: Health PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Services Agreement with Person County Rosemary Summers, 245-2411 PURPOSE: To execute a renewal agreement with Person County Health Department for the provision of public health preparedness services for Orange County. BACKGROUND: Since 2002 the State of North Carolina has received federal funds from the Centers for Disease Control and Prevention (CDC) to ensure North Carolina is prepared in the event of a public health emergency. Allocated pass through funds enabled Orange County to employ afull-time public health preparedness coordinator (Public Health Nurse II) from 2003 - 2008. Reductions in funding since 2006 make it impossible to support afull-time nursing position with these funds. To ensure that the deliverables as mandated are met, an agreement was developed with Person County in 2008 to share a Preparedness Coordinator position. Upon mutual agreement, Person County hires and supervises the position. Pat Gentry, the Preparedness Coordinator hired by Person County, spends 2 to 2 1/2 days per week in Orange County. The agreement began on December 1, 2008 and renewal is sought for the upcoming fiscal year. FINANCIAL IMPACT: The amount of the agreement for FY 2009 -2010 is $38,000. There are sufficient federal funds allocated by the State to Orange County to pay for this agreement. RECOMMENDATION(S): The Manager recommends the Board approve the agreement renewal and authorize the Chair to sign subject to approval of the FY 2009-10 Budget. 0 OCHD Preparedness Agreement With Person County HD FY 09-10 SERVICES AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND PERSON COUNTY HEALTH DEPARTMENT FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS THIS AGREEMENT, is made and entered into this 1st day of July, 2009 by and between Orange County Health Department, a unit of Orange County Government, North Carolina (the "County") party of the first part; and Person County Health Department (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services to the County in accordance with the terms of this Agreement. I. TERM: This agreement will be in effect beginning July 1, 2009 through June 30, 2010 and shall be renewable annually on a fiscal year basis, thereafter upon written notice executed by both parties. II. MAXIMUM AMOUNT PAYABLE The Maximum Amount payable to Provider under this Agreement shall be $38,000. III. SERVICES The intent of this agreement is to allow for shared resources between Person County and Orange County in order that both counties can complete the required deliverables as stated in the Preparedness Agreement Addendum 514 (AA514) with the North Carolina Division of Public Health. These requirements may vary year to year as the federal program changes. Updates will be distributed by the Office of Public Health Preparedness and Response (PHP & R) at the Division of Public Health. "Preparedness Coordinator (PC)" refers to an individual identified who is the person responsible for fulfilling the planning processes and writing the plans as required by the AA514. The Pre aredness Coordinator shall ensure that: 1. Each county has an all-hazards plan for Public Health which includes the identification of populations with special needs by May 31, 2010. Appendices to county plans will serve to fulfill this re uirement. 2. Develop and implement mutual aid agreements, as needed, to support NIMS compliant ubtic health res onse e. ., local, re Tonal . 3. If there is an airborne infection isolation room (All) operated by the local health department, contact the PHRST to have the room evaluated at least annually to assess room ventilation and other All room parameters for compliance with the CDC's "Guidelines for Preventing the Transmission of M cobacterium Tuberculosis in Health-Care Settin s, 2005". 4. Use and maintain an incident management system for local event and response activities (e.g., WebEOC, EM 2000). Where possible this should be coordinated and performed in conjunction with local emergency management and should be able to communicate with states stems i.e., WebEOC . Page 1 of 6 0 OCHD Preparedness Agreement With Person County HD Fv nA-~ n 5. Develop and implement health and safety plans for public health responders to include (at a minimum) guidelines for personal protective equipment (PPE), prophylaxis, mental health and ersonal safet . 6. Develop and implement a community containment policy, in accordance with the pandemic influenza Ian, b Ma 31, 2010. 7. Maintain current and updated 24/7/365 contact information for each Local Health Department. This information should include telephone numbers, pagers, and other information needed to alert the LHD to critical events and/or recommend needed emer enc res onses. 8. Conduct a minimum of two (2) exercises by May 31, 2010. It is anticipated that local public health will conduct or participate in numerous exercises during the grant year. Local health departments (LHDs) are, at a minimum, required to exercise the following components of their planning activities: • Exercise some aspect of your Quarantine and Isolation policy • Exercise some aspect of your Communications Plan • Exercise SNS Ian 9. Develop and implement a corrective action plan with 60 days after each drill or exercise based on recommendations from our After Action Re ort 10. Continue to implement the Division of Public Health's National Incident Management System (NIMS) Workforce Training program. Maintain an updated database of trained individuals within each health department. Report the aggregate number of individuals trained both newt trained and total trained uarterl . 11. Develop and/or maintain an OSHA compliant respiratory protection program as offered by the PHRST by May 31, 2010. Coordinate and schedule annual fit testing. Staff participating in the program should at a minimum include environmental health staff, EPI Team staff, clinical staff, risk mana er, and the ublic health re aredness coordinator. 12. Develop, implement and exercise a telecommunication plan to encompass the use the NC Medical Communications Network (NCMCN) in accordance with the PHP&R Telecommunication Plan. This plan will list the different types of communications that the counties have to communicate with the Regions and the State. It will include the type of communication and who will be usin it. 13. Maintain radio equipment (both Pack Radios as well as 800 megaherz) as assigned to each health department to communicate with Local, Regional, and State emergency communication networks. Coordinate radio checks, training, maintenance and upkeep of Pack radios with PHRST 4. Follow the guidelines in the NC Office of Emergency Medical Service "Dial Code" (http://facility-service.state.nc.us/EMS/technolg.shtml). LHDs will maintain the current tem late of fre uencies assi ned to radios, includin the Pack Radio . 14. Update county SNS plan in accordance with most current CDC guidance and incorporate all elements of the SNS local assessment tool. All LHDs MUST have an SNS plan. The most current version of the CDC SNS tannin uidance is Version 10.02. 15. Provide an updated electronic copy of the SNS plan to PHP&R. This plan must have a "last updated date" within six (6) months to be considered up-to-date. Plans shall include the location and contact name and phone number of the local receiving node and points of dispensing, address all elements of the most current SNS local assessment checklist, and any pertinent MOAs or MOUs. Each county shall also submit an electronic copy of their checklist scored and with a e numbers of each item. 16. As part of the overall exercise requirements, SNS plans must be exercised annually. You may exercise a portion of or the entire SNS plan. To count as the yearly SNS exercise, counties must exercise either the entire plan or a different portion of the plan that was exercised the year prior. After Action Report (AARs) must be completed within 30 days and submitted to PHP&R within 45 calendar da s of the exercise. Page 2 of 6 0 OCHD Preparedness Agreement With Person County HD FY 09-10 17. Multidisciplinary training related to SNS will be conducted at least twice a year. This may include road shows, seminars, and orientations. These may be in support of but will not be in place of exercising the SNS plan. The PC will coordinate with relevant staff in each health department to ensure that the following agreement addenda requirements will be accomplished. 18. Each local health department must participate in the North Carolina Health Alert Network NCHAN . 19. Demonstrate that 75% of full-time employees will have completed the Public Health Workforce Development System Online Assessment (PublicHeathPreparedness.org) by Ma 31, 2010. 20. Participate in county and regional Intrastate Crisis Communication Enhancement Network (ICCE Net) by establishing and maintaining a Local Health Information Team through coordination with the desi Hated ublic information officer for each health de artment. 21. Work with the designated public information officer for each health department to ensure that there is a point of contact for the PHP&R Communication Coordinator to facilitate ICCE Net and WebEOC activities. 22. Work with the designated public information officer for each health department to ensure that health risk communication educational activities are held for PIOs and media facilitators. The following is a list of core agencies and organizations that should be asked to provide a lead PIO, public affairs officer (PAO), or staff ember responsible for coordinating media/ public information and risk communication educational activities. (Others can be added as deemed appropriate by each county.) • County • Health Department • Large Municipalities • Emergency Management (if different from county PIO) • Hospital(s) • Emergency Medical Services • Red Cross 23. Provide materials as needed to the public health information officers on health/risk information to the ublic and ke artners as needed. The PC shall spend sufficient time in each county to ensure that the listed deliverables are accomplished. The PC shall attend all Local Emergency Planning Committee meetings, PHRST 4 PC Coordinator meetings, and other subcommittee meetings as necessary to accomplish the deliverables. The PC shall ensure that the Quarterly Narrative Report (QNR) is submitted to the Division of Public Health on time. Person County Health Department Responsibilities Person County shall not sub-contract out any of the services provided for in this Agreement without prior discussion and written approval of Orange County. Person County Health Department (Provider) shall hire and supervise afull-time Public Health Nurse III as the Public Health Preparedness Coordinator. The Provider shall inform Orange County (County) in the event of a resignation. Page 3 of 6 OCHD Preparedness Agreement With Person County HD FY 09-10 Provider will ensure that the PC has a laptop and/or desktop computer, celphone, pager and basic office supplies available for use. Shared Health Department Responsibilities Each health department will maintain office space for the PC that contains a telephone and a computer access port. Each health department will ensure that the PC has access to county email systems and electronic files sufficient to accomplish the deliverables. Each health department will ensure that basic office supplies are available at each location for the PC's use. Each health department's finance officer will be responsible for submitting the financial Electronic Monthly Report (EMR) to the Division of Public Health. Each health department and county government will supply statistics and information as required to complete the deliverables in this agreement. The health directors will hold bi-monthly conference calls between health directors, the PC, and other staff as determined by each health director for the purpose of coordinating the accomplishment of deliverables. Each health director and/or a health director designee, will make a minimum of one hour a week available to the PC for a meeting. Each health director will ensure that health department employees will assist and support the completion of the required and recommended training programs and other deliverables. Each health director will ensure that the medical director of each department is available for consultation as needed with the PC. IV. PAYMENT Provider shall submit an invoice for services provided on a monthly basis in the amount of $3,000 for the period July 1, 2009 through June 30, 2010. Funds necessary to cover additional expenses incurred to ensure that deliverables are met will be invoiced no later than May 31, 2010 and may not exceed the total amount of this contract ($38,000). These additional funds must be approved in advance by the Orange County Health Department. The invoice shall contain Provider's name and federal tax identification number and shall be signed and dated by the health director or his or her designee. The County will make payments to Provider upon receipt of and approval of the invoice by the Orange County Health Department and the Orange County Financial Services Department. V. RELATIONSHIP OF PARTIES Provider is an independent contractor of the County. Provider represents that he has or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any individual contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized, licensed or permitted under state and local law to perform such services. It is further agreed by Provider that he Page 4 of 6 OCHD Preparedness Agreement With Person County HD FY 09-10 shall obey all State and Federal statutes, rules and regulations which are applicable to provisions of the services called for herein. Neither Provider nor any employee of the Provider shall be deemed an officer, employee or agent of the County. VI. CANCELLATION This Agreement may be cancelled by Provider upon ten (10) days written notice to the County, and the County may terminate this agreement upon ten (10) days written notice to Provider. In the event that funding through the NC Division of Public Health is reduced or discontinued, written notice will be provided by each county to the other of the intent to continue or discontinue. VII. INSURANCE REQUIREMENTS Provider shall obtain, at his sole expense, all insurance as required by the County's Risk Manager and shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Such insurance shall name the County as Additional Insured under both General Liability and Auto Liability policies. The Provider will ensure that appropriate professional liability insurance is in place for the PC. VIII. INDEMNIFICATION Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) 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 section to require Provider to indemnify the County to the extent permitted under North Carolina law. IX. NON-ASSIGNMENT Provider shall not assign this Agreement, including rights to payments, to any other party without the prior written consent of the County. IX. 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. XI. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. XII. INTERPRETATION. When the context in which words are used in this Agreement indicates that such is the intent, words shall in the singular number shall include the plural and vice versa. The masculine gender shall include the feminine and neuter. IN WITNESS WHEREOF, the County and the Provider have executed and entered into this Agreement as of the day and year first above written. Page 5 of 6 O OCHD Preparedness Agreement With Person County HD FY 09-10 ORANGE COUNTY, NORTH CAROLINA FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DEPARTMENT Rosemary L. Summers, MPH, DrPH Health Director DATE: FOR AND ON BEHALF OF PERSON COUNTY HEALTH DEPARTMENT Janet Clayton Health Director DATE: FOR AND ON BEHALF OF THE COUNTY OF ORANGE Valerie Foushee, Chair Orange County Board of Commissioners DATE: ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." DATE: Gary Humphreys Finance Director Page 6 of 6 4 -~-~g ~~ OCHD Preparedness Agreement With Person County HD FY 09-10 SERVICES AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND PERSON COUNTY HEALTH DEPARTMENT FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS THIS AGREEMENT, is made and entered into this 1st day of July, 2009 by and between Orange County Health Department, a unit of Orange County Government, North Carolina (the "County") party of the first part; and Person County Health Department (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services to the County in accordance with the terms of this Agreement. I. TERM: This agreement will be in effect beginning July 1, 2009 through June 30, 2010 and shall be renewable annually on a fiscal year basis, thereafter upon written notice executed by both parties. II. MAXIMUM AMOUNT PAYABLE The Maximum Amount payable to Provider under this Agreement shall be $38,000.. III. SERVICES The intent of this agreement into allow for shared resources between Person County and Orange County in order that both counties can complete the required deliverables as stated in the Preparedness Agreement Addendum 514 (AA514) with the North Carolina Division of Public Health. These requirements may vary year to year as the federal program changes. Updates will be distributed by the Office of Public Health Preparedness and Response (PHP & R) at the Division of Public Health. "Preparedness Coordinator (PC)" refers to an individual identified who is the person responsible for fulfilling the planning processes and writing the plans as required by the AA514. The Pre aredness Coordinator shall ensure that: 1. Each county has an all-hazards plan for Public Health which includes the identification of populations with special needs by May 31, 2010. Appendices to county plans will serve to fulfill this re uirement. 2. Develop and implement mutual aid agreements, as needed, to support NIMS compliant ublic health res onse e. ., local, re Tonal . 3. If there is an airborne infection isolation room (All) operated by the local health department, contact the PHRST to have the room evaluated at least annually to assess room ventilation and other All room parameters for compliance with the CDC's "Guidelines for Preventing the Transmission of M cobacterium Tuberculosis in Health-Care Settin s, 2005". 4. Use and maintain an incident management system for local event and response activities (e.g., WebEOC, EM 2000). Where possible this should be coordinated and performed in conjunction with local emergency management and should be able to communicate with states stems i.e., WebEOC . Page 1 of 6 S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc OCHD Preparedness Agreement With Person County HD FY 09-10 5. Develop and implement health and safety plans for public health responders to include (at a minimum) guidelines for personal protective equipment (PPE), prophylaxis, mental health and ersonal safet . 6. Develop and implement a community containment policy, in accordance with the pandemic influenza Ian, b Ma 31, 2010. 7. Maintain current and updated 24/7/365 contact information for each Local Health Department. This information should include telephone numbers, pagers, and other information needed to alert the LHD to critical events and/or recommend needed emer enc res onses. 8. Conduct a minimum of two (2) exercises by May 31, 2010. It is anticipated that local public health will conduct or participate in numerous exercises during the grant year. Local health departments (LHDs) are, at a minimum, required to exercise the following components of their planning activities: • Exercise some aspect of your Quarantine and Isolation policy • Exercise some aspect of your Communications Plan • Exercise SNS Ian 9. Develop and implement a corrective action plan with 60 days after each drill or exercise based on recommendations from our After Action Re ort 10. Continue to implement the Division of Public Health's National Incident Management System (NIMS) Workforce Training program. Maintain an updated database of trained individuals within each health department. Report the aggregate number of individuals trained both newt trained and total trained uarterl . 11. Develop and/or maintain an OSHA compliant respiratory protection program as offered by the PHRST by May 31, 2010. Coordinate and schedule annual fit testing. Staff participating in the program should at a minimum include environmental health staff, EPI Team staff, clinical staff, risk mana er, and the ublic health re aredness coordinator. 12. Develop, implement and exercise a telecommunication plan to encompass the use the NC Medical Communications Network (NCMCN) in accordance with the PHP&R Telecommunication Plan. This plan will list the different types of communications that the counties have to communicate with the Regions and the State. It will include the type of communication and who will be usin it. 13. Maintain radio equipment (both Pack Radios as well as 800 megaherz) as assigned to each health department to communicate with Local, Regional, and State emergency communication networks. Coordinate radio checks, training, maintenance and upkeep of Pack radios with PHRST 4. Follow the guidelines in the NC Office of Emergency Medical Service "Dial Code" (http://facility-service.state.nc.us/EMS/technolg.shtml). LHDs will maintain the current tem late of fre uencies assi ned to radios, includin the Pack Radio . 14. Update county SNS plan in accordance with most current CDC guidance and incorporate all elements~of the SNS local assessment tool. All LHDs MUST have an SNS plan. The most current version of the CDC SNS tannin uidance is Version 10.02. 15. Provide an updated electronic copy of the SNS plan to PHP&R. This plan must have a "last updated date" within six (6) months to be considered up-to-date. Plans shall include the location and contact name and phone number of the local receiving node and points of dispensing, address all elements of the most current SNS local assessment checklist, and any pertinent MOAs or MOUs. Each county shall also submit an electronic copy of their checklist scored and with a e numbers of each item. 16. As part of the overall exercise requirements, SNS plans must be exercised annually. You may exercise a portion of or the entire SNS plan. To count as the yearly SNS exercise, counties must exercise either the entire plan or a different portion of the plan that was exercised the year prior. After Action Repor (AARs) must be completed within 30 days and submitted to PHP&R within 45 calendar da s of the exercise. Page 2 of 6 S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc OCHD Preparedness Agreement ' With Person County HD ' FY 09-10 17. Multidisciplinary training related to SNS will be conducted at least twice a year. This may include road shows, seminars, and orientations. These may be in support of but will not be in place of exercising the SNS plan. The PC will coordinate with relevant staff in each health department to ensure that the following agreement addenda requirements will be accomplished. 18. Each local health department must participate in the North Carolina Health Alert Network NCHAN . 19. Demonstrate that 75% of full-time employees will have completed the Public Health Workforce Development System Online Assessment (PublicHeathPreparedness.org) by Ma 31, 2010. 20. Participate in county and regional Intrastate Crisis Communication Enhancement Network (ICCE Net) by establishing and maintaining a Local Health Information Team through coordination with the desi Hated ublic information officer for each health de artment. 21. Work with the designated public information officer for each health department to ensure that there is a point of contact for the PHP&R Communication Coordinator to facilitate ICCE Net and WebEOC activities. 22. Work with the designated public information officer for each health department to ensure that health risk communication educational activities are held for PIOs and media facilitators. The following is a list of core agencies and organizations that should be asked to provide a lead PIO, public affairs officer (PAO), or staff ember responsible for coordinating media/ public information and risk communication educational activities. (Others can be added as deemed appropriate by each county.) • County • Health Department • Large Municipalities • Emergency Management (if different from county PIO) • Hospital(s) • Emergency Medical Services • Red Cross 23. Provide materials as needed to the public health information officers on health/risk information to the ublic and ke artners as needed. The PC shall spend sufficienf time in each county to ensure that the listed deliverables are accomplished. The PC shall attend all Local Emergency Planning Committee meetings, PHRST 4 PC Coordinator meetings, and other subcommittee meetings as necessary to accomplish the deliverables. The PC shall ensure that the Quarterly Narrative Report (QNR) is submitted to the Division of Public Health on time. Person County Health Department Responsibilities Person County shall not sub-contract out any of the services provided for in this Agreement without prior discussion and written approval of Orange County. Person County Health Department (Provider) shall hire and supervise afull-time Public Health Nurse III as the Public Health Preparedness Coordinator. The Provider shall inform Orange County (County) in the event of a resignation. Page 3 of 6 S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc OCHD Preparedness Agreement With Person County HD FY 09-10 Provider will ensure that the PC has a laptop and/or desktop computer, celphone, pager and basic office supplies available for use. Shared Health Department Responsibilities Each health department will maintain office space for the PC that contains a telephone and a computer access port. Each health department will ensure that the PC has access to county email systems and electronic files sufficient to accomplish the deliverables. Each health department will ensure that basic office supplies are available at each location for the PC's use. Each health department's finance officer will be responsible for submitting the financial Electronic Monthly Report (EMR) to the Division of Public Health. Each health department and county government will supply statistics and information as required to complete the deliverables in this agreement. The health directors will hold bi-monthly conference calls between health directors, the PC, and other staff as determined by each health director for the purpose of coordinating the accomplishment of deliverables. Each health director and/or a health director designee, will make a minimum of one hour a week available to the PC for a meeting. Each health director will ensure that health department employees will assist and support the completion of the required and recommended training programs and other deliverables. Each health director will ensure that the medical director of each department is available for consultation as needed with the PC. IV. PAYMENT Provider shall submit an invoice for services provided on a monthly basis in the amount of $3,000 for the period July 1, 2009 through June 30, 2010. Funds necessary to cover additional expenses incurred to ensure that deliverables are met will be invoiced no later than May 31, 2010 and may not exceed the total amount of this contract ($38,000). These additional funds must be approved in advance by the Orange County Health Department. The invoice shall contain Provider's name and federal tax identification number and shall be signed and dated by the health director or his or her designee. The County will make payments to Provider upon receipt of and approval of the invoice by the Orange County Health Department and the Orange County Financial Services Department. V. RELATIONSHIP OF PARTIES Provider is an independent contractor of the County. Provider represents that he has or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any individual contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized, licensed or permitted under state and local law to perform such services. It is further agreed by Provider that he Page 4 of 6 S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc OCHD Preparedness Agreement With Person County HD FY 09-10 shall obey all State and Federal statutes, rules and regulations which are applicable to provisions of the services called for herein. Neither Provider nor any employee of the Provider shall be deemed an officer, employee or agent of the County. VI. CANCELLATION This Agreement may be cancelled by Provider upon ten (10) days written notice to the County, and the County may terminate this agreement upon ten (10) days written notice to Provider. In the event that funding through the NC Division of Public Health is reduced or discontinued, written notice will be provided by each county to the other of the intent to continue or discontinue. VII. INSURANCE REQUIREMENTS Provider shall obtain, at his sole expense, all insurance as required by the County's Risk Manager and shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Such insurance shall name the County as Additional Insured under both General Liability and Auto Liability policies. The Provider will ensure that appropriate professional liability insurance is in place for the PC. VIII. INDEMNIFICATION Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) 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 section to require Provider to indemnify the County to the extent permitted under North Carolina law. IX. NON-ASSIGNMENT Provider shall not assign this Agreement, including rights to payments, to any other party without the prior written consent of the County. IX. 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. XI. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. XII. INTERPRETATION. When the context in which words are used in this Agreement indicates that such is the intent, words shall in the singular number shall include the plural and vice versa. The masculine gender shall include the feminine and neuter. IN WITNESS WHEREOF, the County and the Provider have executed and entered into this Agreement as of the day and year first above written. Page 5 of 6 S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc OCHD Preparedness Agreement With Person County HD FY 09-10 ORANGE COUNTY, NORTH CAROLINA FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DE ARTMENT Rosemary L ummers, MPH, DrPH Health Director FOR AND ON BEHALF OF PERSON COUNTY HEALTH D ARTMENT Jan layton Heal Director DATE:__~ d DATE: S V FOR AIy.Q O~E~LF OF THE COUNTY OF ORANGE ~~ ~ ~ DATE: ~ / ~ D ~] Valerie Fous ee, hair Orange County Board of Commissioners ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." DATE: U ~ ~ C~ Ga u phr Finance irector Page 6 of 6 S:\Managers Working Files\Contracts\Miscellaneous Contracts\09-10 Renewal Person Co for Preparedness Coord.doc