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HomeMy WebLinkAbout2011-122 Health - Michael Dolan Fliss for Health Assessment Data Analyhst~ria~- [Departmental Use Only] yC~ /~~ TITLE FY ORANGE coUNTY NORTH CAROLINA COhITRACT UNDER $14,444.44 THIS AGREElYIENT, made and entered into this 10 day of May, 2011, ("Effective Date") by and between Orange County, North Carolina, a bodypolitic and corporate organized under the laws of the State of North Carolina, {the "County"), party of the first part; and Michael Dolan. Fliss {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 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 to collectively as "Services") to be furnished under this Agreement are as follows: The Provider will assist the Healthy Carolinians of Orange County Coordinator {the "Coordinator") with data management, analysis, and reporting for the 2011 Community Health Assessment {CHA) between May 16, 2011 and June 30, 2011. 1. The Provider will create a Microsoft Excel or Access database for CHA Community Opinion Suzvey data. 2. The Coordinator will recruit and coordinate volunteers to enter the survey data into the database; and the County will provide reasonable and neccesary technology infrastructure as requested The Provider will assist in training and supervising volunteers during data entry. 3. The Provider will analyze cluatt~titiative survey data, report preliminary results, and present preliminary data analysis to the CHA Leadership Team. Written survey results drafted by the Provider will be incorporated into the CHA document. The Coordinator will edit all document text. 4. The Provider will, with direction from the County, decide on appropziate software for qualitative analysis. The Coordinator will provide qualitative data notes/transcripts and sound files to the Provider who will begin analyzing qualitative focus group data The provider will finther be primarily responsible for analysis of that data once transcribed. 5. The County will provide contirn~al direction and consultation. Both the Provider and County will be regularly available for questions and consultation. A reasonable response time will be considered R~ithin 72 hours. The term of this agreement rendered shall be from May 16, 2011 to June 30, 2011. Provider represents and agrees that Provider is qualified to perform and fully capable of perfomung and providing the services required or necessary under this Agreement in a fully competent, professional and timely mariner to the satisfaction of the County. Provider shall be responsible far all errors ar omissions, in the performance of the Agreement. Provider shall coaect any and all errors, omissions, 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, nor shall Provider assign any right or responsibility grarded or regained by this Agreement, without the prior written approval of the County. Revised July 7A10 SPECIFIC TERMS 1~- Pte: The County agrees to pay at the rates specified for Services satisfactorily performed in accord -with this Agreement. The amount to be paid by the County shall not exceed one thojrsand-five hundred dollars, {$1,500). Payment shall be made within thirty {30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold arty payment associated with the work to be performed until such time as said work is completed 2. Non-waiver. Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of arty breach be held to be a waiver of arty succeeding breach or a waiver of this Nan Waiver Clause. 3. Independent Contractor: T'he Provider shall operate as an independent Provider, and the County shall not be responsible far any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployrnerrt or workers' compensation purposes. The Provider understands that neither federal, nor state, oar payroll tax of any kind shall be withheld or paid by the County oar behalf of the Provider or the employees of the Provider. 4. ce: The Provider shall obtain, at its sale expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 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 irgury, 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 maybe tenninated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Bement: 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 ternis of this Agreement such litigation shall be irritiated 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 Agreemenrt, effective as of the day first written above. ORANGE COUNTY PROVIDER Revised July 2010 2 By: C anag 200 S. Cameron S P.O. Box 8181 Hillsborough, NC 27278 By: ~- Title: Cans T ~~ Michael Dolan Flies 117 Cole Street Chapel Hill, NC 27516 instrument has bee ved as to technical content. Rosemary L. S ere, Department Director This instnunent has beenpre-audited in the rnarmer required by the Local Government Budget and Fiscal Control Act. ~GtQn,,(r. ,C/ . Office of the Finance Director Thi ~ been approved as to foam and legal sufficiency. Offi a of the ounty Attorney Revised July 2010