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Home My WebLink About2011-293 Health - Julie Hasken for Youth Tobacco-Use Prevention program assistant _ G ORANGE COUNTY CONTRACT LESS THAN $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 25th 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 Julie Hasken (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. The Provider will assist the Program Coordinator for Youth Tobacco Use Prevention with developing, testing, implementing, and evaluating a tobacco-free youth print media campaign between August, 25 2011 and June 30, 2012 for Tobacco. Reality. Unfiltered. (TRU) during the 2011-2012 school year. 2. The-Provider will use previously used template media and input from the TRU students in order to design the media materials including posters,billboards, and bus ads. 3. The Provider will develop, administer, and tabulate an evaluation to assess the reach and impact of the media materials to youth who attend middle and high schools in Orange County. 4. The Provider will assist with planning an action planning meeting to discuss improving tobacco- free policies within Orange County. 5. The Provider will compile cigarette butt litter assessments and survey data from 2010-2011 to help TRU students advocate for tobacco free parks and other outdoor areas frequented by youth. 6. The Provider will develop earned and paid media for the tobacco-free parks advoacy project and the TRU Program and help students make presentations to local officials. 7. The Provider will submit all necessary materials for the advocacy campaign on or before April 1, 2012 . 8. The Provider will assist the Program Coordinator with additional programmatic tasks including, but not limited to, evaluation, media development; message testing; and TRU recruitment, meetings, trainings, and events. 9. The Provider will help create TRU Peer Educator, Tobacco 101 and Tobacco Cessation toolkits and other materials to ensure sustainability of tobacco prevention and cessation efforts. 10. The Provider will submit all required immunization records and documentation necessary for the position in order to comply with Orange County Health Department and school district policies. The term of this agreement rendered shall be from August 25, 2011 to June 30, 2012. 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 Revised January 2010 1 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. SPECIFIC TERMS I. 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 $14.00 per hour or at total of four-thousand dollars, ($4,000.00). 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. 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 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. S. 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. Revised January 2010 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER: Fed Tax ID# By. By: �W �� 4S. merlon age Tit rS , 200 S . J u e Hasken P.O. Box 8181 109 Timber Hollow Ct#248 Hillsborough,NC 27278 Chapel Hill,NC 27514 This instrument has been approved as to technical content. 1 - - Dorothy Cilenti,Dep ment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Contwl Act. Clarence G. Grier, Finance Director Thi t7r een approved as to form and legal sufficiency. Johi L.Robe s, Cou ty Attorney Revised January 2010 3