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HomeMy WebLinkAbout2011-211 Health - Breana Goldman Lai for Assistance with DSME program staff with planning for August 2011 diabetes tax force meetingy'~°~~~ ~r~~ ORANGE COUNTY NORTH CAROLINA CONTRACT LESS THAN $5,000.00 THIS AGREEMENT, made and entered into this 1st day of July, 2011, ("Effective Date"} by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Breana Goldman Lai (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: 1. Assist DSME program staff with planning, coordinating and evaluating all components for the August 2011 diabetes task force meeting but not limited to: compiling and managing contact list, creating the invitation, agenda, identifying speakers, planning a menu, securing catering services, development of participant materials, coordinating meeting day logistics. 2.Assist DSME program staff with Diabetes Task Force tasks as assigned: membership management, mailing lists, online resource guide, evaluation, annual meeting planning, etc. 3. Assist Nutrition Program Manager with future planning components for medical provider presentations and other participant recruitment/uutreach activities as assigned. 4. Assist Nutrition Program Manager with programmatic data collection and analysis. 5. Assist Nutrition Program Manager with grant writing. 6. Meet regularly with DSME Staff to review assignments, work schedules, deadlines, and sign off on completed tasks. The term of this agreement rendered shall be from July 1, 201 1 to December 30,201 1. 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 fi-Ily competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for III 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. SPECIFIC TERMS 1. Payment: 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 $4000 dollars, ($20 per hour). 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 any payment associated with the work to be performed until such time as said work is completed. Revised Ianuary 2010 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 any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for 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, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 5. Indemnity: 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 injury, 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 may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire A~;reement: 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. Governin 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 terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. Non Appro riation: 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 Agreement, effective as of the day first written above. ORANG PROVIDER: Fed Tax ID# ~p(~ ~ By: gy; ~ Coun ~ anager Title: u~v CpDY~.j v~a,~py 200 S. Cameron St. Breana Goldman Lai P.O. Box 8181 ~ 601 W. Rosemary Street, Unit 716 Hillsborough, NC 27278 Chapel Hill, NC 27516 This instrument has been approved as to technical content. Revised January 2010 2 Dorothy Cilenti, DrP ,MPH, MSW (Interim), Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Contrpl Act. G. Grier, Finance Director This st ent aS een approved as to form and legal sufficiency. !'~ :~ Attor~iey !` , Revised January 2010 3