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HomeMy WebLinkAbout2006 S Health- Agreement with UNC School of Public Health for Biosolids Application Study~~~ _ RETURN THIS COPY TO THE CLERK'S _ OFFICE FOR THE PERMANENT AGENDA FILE AGREEMENT FOR BIOSOLIDS RESEARCH PROJECT FOR THE ORANGE COUNTY HEALTH DEPARTMENT -TASK ORDER ~'! P ~Z~~~o~ This agreement is between UNC School of Public Health, Department of Environmental Sciences and Engineering, herein referred to as "ESE," and the Orange County Health Department, herein referred to as the "Department." It shall be effective January 1, 2007 and shall terminate on June 30, 2007. It is understood that ESE will design and carry out a pilot research project on a biosolids application site in the Bradshaw Quarry Road area as requested by the Health Department. It is further understood that there will be mutual cooperation between ESE and the Department in conducting the activities as described below: I. ESE agrees to: A. Design a study that will provide an assessment of air quality and water quality for a geographical area (to be determined) surrounding at least one biosolid application site in the Bradshaw Quarry Road area of Orange County. B. Submit the study design to the Department no later than January 30, 2007. C. Apply for and receive any required IRB or other research approvals. D. Provide personnel, equipment, and laboratory resources sufficient to carry out the study design. This could be students, staff, or faculty as ESE decides. E. Prepare a written report of study findings for submission to the Department no later than June 15, 2007. F. Collaborate with the Department in developing any community education materials as needed for the. implementation of the study design. G. Consult with the Department at each phase of the project. H. Prepare two invoices to the Department, one at the submission of the final study design and the final invoice upon submission of the final written report. II. The Department agrees to: A. Collaborate with ESE on the study design and implementation. B. Act as liaison with community members in the study implementation. C. Assign a staff member as the point of contact and consultant to ESE and the community. D. Pay ESE a total of $10,000 in two equal installments, within two weeks after submission of an invoice. III. Other Agreement Provisions A. This agreement or its renewals may be terminated at any time without penalty by either party provided that the agreement is terminated upon delivery of written notice of termination furnished to the other party at least sixty (60) days prior to termination. B. The Department hereby agrees with ESE that, in their educational and/or employment practices, the Department and ESE will comply with such non- discrimination laws as may be applicable to it in the performance of this agreement. ESE shall abide by pertinent rules and regulations of any State or Federal requirements regarding such research in the conduct of this project. ESE and the Department shall comply with such confidentiality laws as may be applicable in the performance of this agreement and acknowledge that in receiving, storing, processing or otherwise dealing with any confidential information, they will safeguard and not further disclose the information except as permitted by Statute. It is determined that this project is not subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended. C. No provision of this agreement shall be construed or interpreted as creating a pledge of the faith and credit of the County of Orange or the Department within the meaning of any constitutional debt limitation. No provision of this agreement shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by or a lending of the credit of the County of Orange or the Department within the meaning of the Constitution of the State of North Carolina. This agreement shall and does not directly or indirectly or contingently obligate the County of Orange or the Department to make any payments beyond those appropriated in the sole discretion of the County of Orange or the Department for any fiscal year in which this agreement shall be in effect. No deficiency judgment may be rendered against the County of Orange or the Department in any action for breach of a contractual obligation under this agreement and the taxing power of the County of Orange is not and may not be pledged directly or indirectly or contingently to secure any moneys due under this agreement. D. ESE agrees to hold Orange County and the Department harmless from any and all accidental injury or personal loss for the activities specii led in this project for the Department. E. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. FOR AND ON BEHALF OF FOR AND ON BEHALF OF ORANGE COUNTY HEALTH DEPARTMENT THE DEPARTMENT OF ENVIRONMENTAL SCIENCES AND ENGINEERING, UNIVERSITY OF NORTH CAROLINA Rosemary L. mers, MPH, DrPH Health Direct r DATE: /., "_" ~`~ r, Mark D. Sobsey, Direct Environmental Virology and Microbiology Laboratory, Depa ent of Environmental Sciences and Engineering, UNC DATE: Pi' o' .a FOR AND ON BEHALF OF THE COUNTY OF ORANGE DATE: ~ ~~ Mo Carey, Chair Orange County Board of Com ssioners ORANGE COUNTY FINANCE DIRECTOR: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." %~~ ~ DATE: ~/ -~~ ~ Kenneth T. Chavious Orange County Finance Director