HomeMy WebLinkAbout2011-261 Health - Michael Dolan Fliss to assist Healthy Carolinians' Coordinator with computer training 16N k
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TITLE
ORANGE COUNTY FY
NORTH CAROLINA CONTRACT UNDER$10,000.00
THIS AGREEMENT,made and entered into this 1 day of August,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 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 with data
management, analysis, and reporting, and presentation for the 2011 Community Health Assessment (CHA)
between August 1,2011 and November 30,2011.
1. The Provider will analyze quantitiative survey data and report results. By, August 10, 2011,the Provider
will create ten"Issue Briefs"/written summaries to be used during the Community Forum meetings.
2. The Provider will serve as a data consultant for further analysis of data if requested by committee
members.
3. Based on availability, the Provider will attend up to six Community Forums including the Healthy
Carolinians Annual Meeting; present data to the group; and be available to answer questions about the
analysis.
4. The Provider will assist the Coordinator with written analysis and interpretations of data (primary and
secondary)to be included in the doucment. The Coordinator will be responsible for all final editting.
5. The County will provide continual direction and consultation. Both the Provider and County will be
regularly available for questions and consultation. A reasonable response time will be considered within
48 hours.
The term of this agreement rendered shall be from August 1 ,2011 to November 30,2011.
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 fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all 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. 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 granted or required by this Agreement,without the prior written approval of 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 one
thousand 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,
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County may, without fault or penalty, withhold any 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 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. : 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 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 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 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 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 Agreement,effective
as of the day first written above.
ORANGE CO TY PROVIDER
By: By:
Cotd4 M r Title: CONLLI a �
200 S.Came r n St. Michael Dolan Fliss
P.O. Box 81 1 117 Cole Street
Hillsborough,NC 27278 Chapel Hill,NC 27516
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This instrument has been approved as to technical content. .
Dorothy Cilenti,D artment Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Finance Director
Thi ent has been approved as to form and legal sufficiency,
i
ce of-&County Attorney
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